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Positive Liberty

The ability to act upon one’s free will with support from society or the government (like access to education or healthcare). Significance: Justifies government intervention to promote equal opportunity.

Enforcement Clause

Part of certain amendments that gives Congress the power to enforce the amendment’s provisions. Significance: Allows Congress to pass civil rights laws (e.g., Civil Rights Act under the 14th Amendment).

Negative Liberty

Freedom from interference by others, especially the government. Significance: Supports limited government and protection of individual autonomy.

Fourteenth Amendment

Grants citizenship to all born in the U.S. and guarantees due process and equal protection under the law. Significance: Used to apply the Bill of Rights to the states through selective incorporation.

Vesting Clause

The constitutional provision that grants power to each branch (e.g., legislative power to Congress). Significance: Establishes separation of powers between branches.

Selective Incorporation

The process of applying the Bill of Rights to the states using the 14th Amendment’s Due Process Clause. Significance: Protects individual rights from state infringement.

Delegated Powers

Powers specifically granted to the federal government by the Constitution. Significance: Limits state authority and defines federal responsibilities (e.g., regulating interstate commerce).

Social Contract Theory

The idea that government is based on an agreement between the people and their rulers. Significance: Justifies a government’s authority as coming from the consent of the governed.

Brandenburg v. Ohio

A 1969 Supreme Court case that protected speech advocating illegal conduct unless it incites “imminent lawless action.” Significance: Strengthened First Amendment free speech protections.

Strict Scrutiny

The highest standard of judicial review used for laws involving fundamental rights or suspect classifications. Significance: Government must prove a compelling interest and narrow tailoring.

Marbury v. Madison

A 1803 Supreme Court case that established judicial review. Significance: Gave courts the power to strike down laws as unconstitutional.

Penumbras

Implied rights found in the “shadows” of explicitly stated constitutional rights. Significance: Used in cases like Griswold to infer a right to privacy.

Griswold v. Connecticut

A 1965 case that struck down a law banning birth control, citing a constitutional “right to privacy.” Significance: Set the foundation for later privacy-related rulings (like Roe v. Wade).

Electoral College

The system used to elect the U.S. president through electors chosen by states. Significance: Can result in a president winning without the popular vote.

Federalist No. 70

A paper by Hamilton arguing for a single, energetic executive. Significance: Supports the idea of a strong presidency for accountability and quick action.

Supremacy Clause

Establishes that federal law is the highest law of the land. Significance: States must follow federal laws even if state laws conflict.

Federalist No. 78

A paper by Hamilton discussing the importance of an independent judiciary and judicial review. Significance: Justifies the court’s power to declare laws unconstitutional.

Judicial Restraint

The idea that judges should defer to lawmakers and avoid striking down laws unless clearly unconstitutional. Significance: Promotes judicial humility and limits judicial activism.

Federalism

The division of power between national and state governments. Significance: Balances authority and allows states to serve as “laboratories of democracy.”

Judicial Activism

The idea that judges can and should interpret the Constitution to reflect current conditions and values. Significance: Can expand rights or strike down outdated laws, but criticized for overreach.

Stewardship Theory

The belief that the president can do anything not explicitly forbidden by the Constitution. Significance: Justifies broader use of executive power.

Amicus Brief

A “friend of the court” document filed by a third party to offer additional arguments. Significance: Influences how courts interpret cases by offering outside perspectives.

Plurality System

An electoral system where the candidate with the most votes wins, even without a majority. Significance: Encourages a two-party system and can underrepresent smaller parties.

Fifteenth Amendment

Prohibits denying the right to vote based on race or previous condition of servitude. Significance: Extended voting rights to African American men.

Lobbyist

Someone who tries to influence lawmakers on behalf of a group or cause. Significance: Plays a key role in shaping public policy and legislation.

Nineteenth Amendment

Gave women the right to vote. Significance: Major victory for the women’s suffrage movement and expanded democratic participation.

Elitist Theory

The idea that a small group of elites holds most of the political power. Significance: Contrasts with pluralist theory and raises concerns about inequality in influence.

Chilling Effect

When laws or government actions discourage people from exercising their rights (especially free speech). Significance: Can indirectly silence public discourse and dissent.

West Virginia v. Barnette

A 1943 case where the Court ruled students can’t be forced to salute the flag. Significance: Upheld First Amendment rights in public schools.

Viewpoint Discrimination

When the government targets a specific opinion or perspective for restriction. Significance: Considered a serious First Amendment violation.

Oregon v. Smith

A 1990 case that allowed the government to deny unemployment benefits to someone fired for using illegal drugs for religious purposes. Significance: Weakened protections for religious practices under the First Amendment.