us gov midterm

Legislative Power

power to make laws

Executive Power

power to enforce laws

Judicial Power

power to review/overturn laws

Social Contract

an agreement between the people and their government signifying their consent to be governed

Natural Rights

defined by John Locke; life, liberty, property; God-given rights

Republicanism

belief that the best form of government is one in which citizens choose their representatives and leaders through free elections

Popular Sovereignty

the right of the majority to govern themselves

Sovereignty

ultimate authority over a certain territory

Legitimacy

citizens' belief that the government has the right to use power in the way that it does

Democracy

a system of government that gives power to the people, whether directly or through their elected representatives

Republic

a political system in which the supreme power lies in a body of citizens who can elect people to represent them, as opposed to a king or monarch

Direct Democracy

a system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule

Representative Democracy

government in which the people elect those who govern and pass laws

Articles of Confederation

the first governing document of the confederated states drafted

Shays' Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Virginia Plan

Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states.

New Jersey Plan

Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally

Elastic Clause

Clause in the Constitution that states that "Congress should have the power to make all laws necessary and proper for carrying into execution the foregoing powers. . . ." This clause is also known as the "necessary and proper" clause and is a major and significant power of Congress, granting Congress the ability to interpret its lawmaking ability in a broad manner

Supremacy Clause

establishes that federal laws/US Constitution take precedence over state laws/state constitutions

Great/Connecticut Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

⅗ Compromise

Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives

Federalists

supporters of ratification of the Constitution and of a strong central government.

Anti-Federalists

Opponents of ratification of the Constitution and of a strong central government, generally

Ratification

This is when Congress votes to propose an amendment; There are two ways. A favorable vote in three-fourths of the state legislatures. A favorable vote is specially called ratifying conventions in three-fourths of the states.

Constitution

defines the fundamental law of the US federal government, setting forth the three principal branches of the federal government and outlining their jurisdictions

Checks and Balances

Constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no branch can dominate

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.

Bill of Rights

first 10 amendments in the constitution; spells out Americans' rights

Expressed Powers

powers the constitutution specifically grants to one of the branches of the national government

Delegate

role played by elected representatives who vote the way their constituents would want them to, regardless of their own opinions

Trustee

role played by elected representatives who listen to constituents' opinions and then use their best judgments to make final decisions

Partisan

strong supporter of a party, cause or person

Politico

role played by elected representatives who act as trustees or as delegates depending on the issue

Bill

a proposed law

Term Lengths

laws that limit the number of terms elected officials can serve

Census

an official count or survey of a population, typically recording various details of individuals

Apportionment

the proportional process of allotting congressional seats to each state following the decennial census

Reapportionment

The assigning by Congress of congressional seats after each census. State legislatures reapportion state legislative districts

Congressional Districts

an electoral constituency that elects a single member of a congress

Gerrymandering

manipulate the boundaries so as to favor one party or class

Incumbent

The current holder of the elected office.

Constituents

The residents of a congressional district or stat

Majority/Minority Leaders

The legislative leader selected by the majority/minority party who helps plan party strategy, confers with other party leaders, and tries to keep members of the party in line

Speaker of the House

The presiding officer in the House of Representatives, formally elected by the House but actually selected by the majority party

President of the Senate (President pro tempore)

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Filibuster

a formal way of halting action on a bill by means of long speeches or unlimited debate in the Senate

Cloture

mechanism requiring sixty senators to vote to cut off debate

Divided Government

the political condition in which different political parties control the White House and Congress

Pork barrel legislation

legislation that allows representatives to bring home the "bacon" to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly

Logrolling

vote trading; voting yea to support a colleague's bill in return for a promise of future support

Iron Triangle

a relationship that develops between congressional committees, the federal bureaucracy, and interest groups during the policy creation process

Congressional Committees

members of congress assigned to committees to investigate the merits and problems with suggested bills

Veto

formal constitutional authority of the president to reject bills passed by both houses of the legislative body, thus preventing their becoming law without further congressional activity

Overriding a Veto

An action taken by Congress to reverse the presidential veto, requiring a two-thirds majority in each chamber.

14th Amendment

all persons born or naturalized in the US were entitled equal rights regardless of their race

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. By interpretation, the Fifth Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex

President

the elected head of a republic

Commander-in-Chief

President's power over the army and navy

Formal Powers

Powers the Constitution specifically grants to one of the branches of the national government

Informal Powers

Powers inferred from the express powers that allow Congress to carry out its functions

War Powers Resolution of 1973

checked and limited the power of the president by requiring the approval of congress to put American troops in combat areas

Impeachment

the power delegated to the House in the Constitution to charge the president, vice president, or other "civil officers" including federal judges with "treason, bribery, or other high crimes and misdemeanors"; this is the first step in the constitutional process of removing such government officials from office

Cabinet

the formal body of presidential advisers who head the 15 executive departments; Presidents often add others to this body of formal advisors

Executive Order

a presidential directive that becomes law without prior congressional approval

Executive Agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval

Executive Privilege

an implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to congress or the judiciary

Pardon

an executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime

Pocket Veto

an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.

Treaty

A formal, public agreement between the United States and one or more nations that must be approved by two-thirds of the Senate

Domestic Affairs

political activities, events, and situations that happen or exist within one particular country

Foreign Affair

matters having to do with international relations and witht hte interests of the home country in foreign countries

Bureaucracy

A form of organization that operates through impersonal, uniform rules and procedures.

Merit Principle

A system of public employment in which selection and promotion depend on demonstrated performance rather than political patronage.

Regulations

The formal instructions that the government issues for implementing laws

Discretionary Authority

Authority given by Congress to the Federal bureaucracy to use reasonable judgment in implementing the laws.

Power of the Purse

Congress' ability to tax and spend public money for the national government

The Federalist No. 70

written by Alexander Hamilton; says that a single executive is the best form for the executive branch

22nd Amendment

can't serve more than two terms or 10 years as president

25th Amendment

order of presidential succession

Inferior Courts

a court that is subordinate to and whose decisions are subject to review by the highest court in a judicial system

Trial Courts

courts of original jurisdiction where cases begin

Appellate Courts

courts that generally review only findings of law made by lower courts

Original Jurisdiction

The authority of a court to hear a case "in the first instance."

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Plaintiff

a person who brings a case against another in a court of law

Defendant

an individual, company, or institution sued or accused in a court of law

Precedent

prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature

Judicial Review

power of the courts to review acts of other branches of government and the states

Writ of Certiorari

a request for the Court to order up the records from a lower court to review the case

Rule of Four

at least four justices of the Supreme Court must vote to consider a case before it can be heard

Brief (the legal term)

a written argument submitted to the court

Amicus Curiae brief

"friend of the court"; amici may file briefs or even appear to argue their interests orally before the court

Majority Opinion

judicial opinion that is joined by more than half the judges deciding a case

Concurring Opinion

an opinion that agrees with the majority opinion but does not agree with the rationale behind it

Dissenting Opinion

an opinion filed by a judge who disagrees with the majority decision of a case

Criminal Case

type of court proceeding in which a prosecutor employed by the federal state, or local government charges a person with the commission of a crime

Civil Case

a private, non-criminal lawsuit usually involving private property rights, including respecting rights stated under the Constitution or under federal or state law

Stare decisis

in court rulings, reliance on past decisions or precedents to formulate decisions in new cases

Judicial activism

a philosophy of judicial decision-making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty