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Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Civil liberties

personal freedoms, e.g., speech, assembly, religion.

Civil rights

protections against discrimination.

Clear and present danger doctrine

judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.

Due process clause

prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law.

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.

Establishment clause

provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state.

Exclusionary rule

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial.

Free exercise clause

provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.

Incorporation

applying the Bill of Rights to the states. A "total incorporation" view is that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. A "selective incorporation" view is that the Bill of Rights is to be applied to the states in a more gradual manner on a case by case basis, also via the due process clause of the 14th Amendment.

Prior restraint

When a court stops expression before it is made, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional.

Separate but equal

Supreme Court doctrine established in the case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodation as long as the facilities were equal.

Deregulation

elimination of federal regulations on private companies.

Entitlements

federal benefit payments to which recipients have a legal right, e.g., Social Security. Also known as uncontrollables.

Fiscal policy

taxing and spending policies.

Monetary policy

Federal Reserve Board's regulation of the supply of money in circulation.

Subsidy

federal financial aid to individuals, e.g., welfare, food stamps, agricultural subsidies.

Revenue

the income of the government from taxation and other such sources

Tariff

a tax on imports or exports.

Discretionary spending

government spending that can be categorized more as optional, such as defense.

Non-discretionary spending

government spending that can be categorized as required, such as social security

Federal Reserve System

regulates the banks; conducts the nations monetary policy by influencing money and credit conditions in order to help economy grow

Supply Side Economics

the theory that the government should cut taxes and regulation in order to stimulate growth, especially in the business sector

welfare policy

organized public or private social services for the assistance of disadvantaged groups

Keynesian economics

the theory that the government should participate in massive spending to spur the economy, particularly during a recession or depress.

Congressional Budget Office

located in the legislative branch; a nonpartisan agency that provides economic data to Congress, such as analyzing how much a program might cost

Office of Management and Budget

located in the executive branch; assists the president in preparing a budget

Appellate jurisdiction

authority of a court to hear an appeal from a lower court.

Dissenting opinion

written by a Supreme Court Justice (or Justices) who express a minority viewpoint in a case.

Impeachment

House action that formally charges an official with wrongdoing. Conviction requires 2/3 vote from the Senate.

Injunction

court order that forbids a party from performing a certain action.

Judicial activism

philosophy that the courts should take an active role in solving problems.

Judicial restraint

philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law.

Judicial review

power of the courts to review the constitutionality of laws or government actions.

Original jurisdiction

authority of a court to first hear a case.

Rule of four

the Supreme Court will hear a case if four Justices agree to do so.

Senatorial courtesy

tradition in which the President consults with the senators within a state in which an appointment is to be made.

Stare decisis

Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases.

Writ of certiorari

issued by the Supreme Court to a lower court to send up the records of a case so that it can be reviewed by the high court.

Writ of habeas corpus

court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.

Writ of mandamus

court order directing a party to perform a certain action.

District courts

federal courts where trials are held and lawsuits are begun

Appeals courts

a court that reviews decisions made in the lower district courts

Precedent

a ruling that is used as the basis for a judicial decision in a later, similar case

Amicus curiae

friend of the court; one who advises the court on legal matters

Executive agreement

an agreement between the President and another head of state that, unlike a treaty, does not require Senate consent.

Executive order

presidential rule or regulation that has the force of law.

Executive privilege

the privilege of a President and his staff to withhold their "privileged" conversations from Congress or the courts.

Legislative oversight

ongoing process of congressional monitoring of the executive branch to ensure that the latter complies with the law.

Line item veto

power of most governors (and President Clinton for only a few years) to delete or reduce funding in a bill on a line by line basis.

Merit system

system of hiring federal workers based upon competitive exams.

Patronage

power to appoint loyal party members to federal positions.

Red tape

complex rules and procedures required by bureaucratic agencies.

Whistleblower

an employee who exposes unethical or illegal conduct within the federal government or one of its contractors.

discretionary authority

The ability of a bureaucracy to choose courses of action and make policies not spelled out in advance by laws

Pendleton Act

A law passed in 1883 which began the process of transferring federal jobs from patronage to the merit system

Cabinet

secretaries of the executive departments, the vice president, and other top officials that help the president make decisions and policy

Pardon

a release from legal punishment

Amnesty

a group pardon to individuals that offense against the government

Treaty

formal agreement between the governments of 2 or more countries

Commander-in-Chief

the role of the president as supreme commander of the military forces of the united states and of the state national guard units when they are called into federal service

Executive Office of the President

the cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisers, and several other units

Imperial presidency

term used to describe a president as an "emperor" who acts without consulting congress or acts in secrecy to evade or deceive congress

State of the Union Address

The president's annual statement to Congress and the nation

Veto

Rejection by a president or governor of legislation passed by a legislature

White House Staff

personnel who run the white house and advise the president. Includes the chief of staff and press secretary

Chief of Staff

The head of the White House staff

Take Care Clause

The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws

Bureaucracy

An organization of government departments, agencies, and offices

Government Corporation

a government owned business-like entity that accepts a fee for service.

13th Amendment (1865)

Abolition of slavery

14th Amendment (1868)

Grants citizenship to "all persons born or naturalized in the US"

15th Amendment (1870)

States cannot deny any person the right to vote because of race.

Plessy v. Ferguson (1896)

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for black people and white people were equal

Brown v. Board of Education (1954)

The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Jim Crow Laws

Laws designed to disenfranchise black people

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Casework

personal work done by a member of Congress for his constituents.

Cloture

Senate motion to end a filibuster that requires a 3/5 vote.

Conference committee

works out a compromise between differing House-Senate versions of a bill.

Constituents

the people who are represented by elected officials.

Discharge petition

a motion to force a bill to the House floor that has been bottled up in committee.

Filibuster

nonstop Senate debate that prevents a bill from coming to a vote.

Franking privilege

allows members of Congress to send mail postage free.

Gerrymandering

redrawing district lines to favor one party at the expense of the other.

Logrolling

when two members of Congress agree to vote for each other's bill.

Mark up

committee action to amend a proposed bill.

Pork barrel

wasteful congressional spending, e.g. funding for a Lawrence Welk museum in North Dakota.

Quorum

minimum number of members needed for the House or Senate to meet.

Reapportionment

reallocation of House seats to the states on the basis of changes in state populations, as determined by the census.

Redistricting

redrawing of congressional district boundaries by the party in power of the state legislature.

Rules Committee

the "traffic cop" of the House that sets the legislative calendar and issues rules for debate on a bill.

Seniority system

tradition in which the Senator from the majority party with the most years of service on a committee becomes the chairman of that committee.

Standing committees

the permanent congressional committees that handle legislation.

Sunset laws

laws that automatically expire after a given time.

Ways and Means Committee

House committee that handles tax bills.

Amicus curiae brief

"friend of the court" brief filed by an interest group to influence a Supreme Court decision.

Divided government

government in which one party controls the presidency while another party controls the Congress.

Elite theory

theory that upper class elites exercise great influence over public policy.