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Fill-in-the-blank flashcards covering key terms from the notes.
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Bicameral legislature
The two-house legislature is called a __.
Block grant
Money granted by the federal government to the states for a broad purpose (e.g., transportation) is a __.
Categorical grant
Money granted by the federal government to the states for a narrow purpose (e.g., school lunch program) is a __.
Centralists
Those who favor greater national authority rather than state authority are __.
Checks and balances
The system in which each branch can limit the power of the other two branches is __.
Commerce clause
The power to regulate commerce among the states, with foreign nations, and among Indian tribes is granted to Congress by the __.
Concurrent powers
Powers held by both Congress and the states are __.
Confederation
A system in which sovereign states are loosely tied to a central government is a __.
Decentralists
Those who favor greater state authority rather than national authority are __.
Direct democracy
A system in which the people rule themselves is __.
Elastic clause
The clause that allows Congress to exercise powers that are 'necessary and proper' is the __.
Enumerated powers
Powers specifically granted to Congress in Article 1, section 8 are __ (also known as expressed powers).
Federalism
Constitutional sharing of power between a central government and state governments is __.
Dual federalism
Dual federalism is a system in which the national and state governments are coequal, with each being dominant within its sphere; Cooperative federalism is a system in which both federal and state governments cooperate in solving problems. The term for the former is __ federalism.
Cooperative federalism
Cooperative federalism is a system in which both federal government and state governments cooperate in solving problems. The term for the latter is __ federalism.
New Federalism
New Federalism: system in which the national government restores greater authority back to the states.
Federalist Papers
Federalist Papers: group of 85 essays written by Madison, Hamilton, and Jay for the purpose of persuading the people of New York to adopt the Constitution.
Formal amendment
Formal amendment: a change in the actual wording of the Constitution.
Implied powers
Implied powers: those that are “necessary and proper” to carry out Congress’ enumerated powers, and are granted to Congress through the elastic clause.
Indirect democracy
Indirect democracy: system in which the people are ruled by their representatives. Also known as representative democracy, or republic.
Inherent powers
Inherent powers: foreign policy powers (e.g., acquiring territory) held by the national government by virtue of its being a national government.
Informal amendment
Informal amendment: a change in the meaning, but not the wording, of the Constitution, e.g., through a court decision such as Brown v. Board.
Judicial review
Judicial review: power of the courts to rule on the constitutionality of laws and government actions.
Mandates
Mandates: requirements imposed by the national government upon the states. Some are unfunded mandates, i.e., they are imposed by the national government, but lack funding.
Judicial review
Marbury v. Madison, 1803: established the power of judicial review.
national supremacy and validity of implied powers
McCulloch v. Maryland, 1819: established principle of national supremacy and validity of implied powers.
Police powers
Police powers: powers of the states to protect the public health, safety, morals, and welfare of the public.
Popular sovereignty
Popular sovereignty: principle in which ultimate political authority rests with the people.
Reserved powers
Reserved powers: powers held by the states through the 10th Amendment. Any power not granted to the US government is “reserved” for the states.
Separation of powers
Separation of powers: principle in which the powers of government are separated among three branches: legislative, executive, judicial.
Shays’ Rebellion
Shays’ Rebellion: 1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention.
Supermajority
Supermajority: a majority greater than a simple majority of one over half, e.g., 3/5, 2/3.
Unicameral legislature
Unicameral legislature: one-house legislature.
Civil liberties
Civil liberties: personal freedoms, e.g., speech, assembly, religion.
Civil rights
Civil rights: protections against discrimination.
Clear and present danger doctrine
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.
De facto segregation
De facto segregation: segregation “by fact,” i.e., segregation that results from such factors as housing patterns rather than law.
De jure segregation
De jure segregation: segregation by law, i.e., segregation that is required by government.
Double jeopardy
Double jeopardy: being prosecuted twice for the same offense. Banned by Amendment 5.
Due process clause
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
Equal protection clause: 14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.
Eminent domain
Eminent domain: the right of government to take private property for the public good. Fair compensation must be paid to the owner of such property.
Establishment clause
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
Exclusionary rule: Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial.
Free exercise clause
Free exercise clause: provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.
Grandfather clause
Grandfather clause: Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865.
Grand jury
Grand jury: determines whether or not to bring criminal charges against a suspect.
Incorporation
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.
Indictment
Indictment: grand jury order that a suspect must stand trial for a criminal offense.
Jim Crow laws
Jim Crow laws: Southern laws that required racial segregation in places of public accommodation.
Libel
Libel: written untruths that damage a reputation.
Literacy test
Literacy test: Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.
Miranda warnings
Miranda warnings: warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel.
Plea bargain
Plea bargain: arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial. The manner in which most cases are disposed of.
Police powers
Police powers: powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.
Poll tax
Poll tax: Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.
Prior restraint
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.
Racial gerrymandering
Racial gerrymandering: drawing of legislative boundaries to give electoral advantages to a particular racial group. 'Majority-minority' districts include large numbers of racial minorities in order to ensure minority representation in legislatures.
Sedition
Seduction:** Sedition: advocacy of the overthrow of the government.
Separate but equal
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.
Shield laws
Shield laws: state laws that protect journalists from having to reveal their sources.
Slander
Slander: spoken untruths that damage a reputation.
Strict scrutiny
Strict scrutiny: Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.
White primary
White primary: primary election in which Southern states allowed only whites to vote.
Appropriation
Appropriation: money that Congress has allocated to be spent.
Appropriations Committee
Appropriations Committee: congressional committee that deals with federal spending.
Appellate jurisdiction
Appellate jurisdiction: authority of a court to hear an appeal from a lower court.
Bully Pulpit
Bully Pulpit: any highly visible public office whose incumbent uses it as a platform to influence public opinion. Primarily connected with the president.
Bureaucracy
Bureaucracy: departments, agencies, bureaus, and commissions in the executive branch of government.
Casework
Casework: personal work done by a member of Congress for his constituents.
Civil law
Civil law: concerns noncriminal disputes between private parties.
Class action lawsuit
Class action lawsuit: lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies.
Closed rule
Closed rule: Rules Committee rule that bans amendments to a bill.
Cloture
Cloture: Senate motion to end a filibuster that requires a 3/5 vote.
Concurring opinion
Concurring opinion: written by a Supreme Court Justice who voted with the majority, but for different reasons.
Conference committee
Conference committee: works out a compromise between differing House-Senate versions of a bill.
Constituents
Constituents: the people who are represented by elected officials.
Discharge petition
Discharge petition: a motion to force a bill to the House floor that has been bottled up in committee.
Dissenting opinion
Dissenting opinion: written by a Supreme Court Justice (or Justices) who express a minority viewpoint in a case.
Executive agreement
Executive agreement: an agreement between the President and another head of state that, unlike a treaty, does not require Senate consent.
Executive order
Executive order: presidential rule or regulation that has the force of law.
Executive privilege
Executive privilege: the privilege of a President and his staff to withhold their “privileged” conversations from Congress or the courts.
Filibuster
Filibuster: nonstop Senate debate that prevents a bill from coming to a vote.
Finance Committee
Finance Committee: Senate committee that handles tax bills.
Franking privilege
Franking privilege: allows members of Congress to send mail postage free.
Gerrymandering
Gerrymandering: redrawing district lines to favor one party at the expense of the other.
Hold
Hold: Senate maneuver that allows a Senator to stop or delay consideration of a bill or presidential appointment.
Impeachment
Impeachment: House action that formally charges an official with wrongdoing. Conviction requires 2/3 vote from the Senate.
Impoundment
Impoundment: refusal of a President to spend money that has been appropriated by Congress.
Injunction
Injunction: court order that forbids a party from performing a certain action.
Judicial activism
Judicial activism: philosophy that the courts should take an active role in solving problems.
Judicial restraint
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
Judicial review: power of the courts to review the constitutionality of laws or government actions.
Legislative oversight
Legislative oversight: ongoing process of congressional monitoring of the executive branch to ensure that the latter complies with the law.
Legislative veto
Legislative veto: process in which Congress overturned rules and regulations proposed by executive branch agencies. Struck down in 1983.
Line item veto
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.
Logrolling
Logrolling: when two members of Congress agree to vote for each other’s bill.
Majority opinion
Majority opinion: written to express the majority viewpoint in a Supreme Court case.
Mark up
Mark up: committee action to amend a proposed bill.
Merit system
Merit system: system of hiring federal workers based upon competitive exams.