David Underhill

Government Chapters 1 – 6 Terms

 

Chapter 1

  1. Natural Law (3) – a doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood by reason

 

  1. Social Contract Theory (4) – belief that people are free and equal by God-given right and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the Declaration of Independence

 

  1. Monarchy (5) – a form of government in which the power is vested in hereditary kings and queens

 

  1. Oligarchy (6) – a form of government in which the right to participate is always conditioned on the possession of wealth, social status, military position, or achievement

 

  1. Aristocracy (6) – a system of government in which control is based on the rule of the highest

 

  1. Democracy  (6) – a system of government that gives power to the people, whether directly or through their elected representatives

 

  1. Direct Democracy (6) – a system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule

 

  1. Indirect (Representative) Democracy (6) – a system of government that gives citizens the opportunity to vote for representatives who will work on their behalf.

 

  1. Republic – a government rooted in the consent of the governed; a representative or indirect democracy

 

  1. Free Market Economy (7) – the economic system in which the “invisible hand” of the market regulates prices, wages, product mix, and so on

 

  1. Capitalism (7) – the economic system that favors private control of business and minimal government regulation of private industry

 

  1. Mercantile System (7) – a system that binds trade and its administration to the national government

 

  1. Socialism (8) – an economic system that advocates for collective ownership and control by the means of production

 

  1. Communism (9) – an economic system in which workers own the means of production and control the distribution of resources

 

  1. Totalitarianism (9) – an economic system in which the government has total control of the economy

 

  1. Popular Consent (10) – the idea that governments must draw their powers from the consent of the governed

 

  1. Popular Sovereignty (10) – the right of the majority to govern themselves

 

  1. Majority Rule (11) – the central premise of direct democracy in which only policies that collectively garner the support of a majority of voters will be made into law

 

  1. Personal Liberty (12) – a key characteristic of US democracy.  Initially meaning freedom from governmental interference, today it includes demands for freedom to engage in a variety of practices free from governmental discrimination.

 

  1. Civil Society (13) – society created when citizens are allowed to organize and express their views publicly as they engage in an open debate about public policy

 

  1. Political Culture (13) – attitudes toward the political system and its various parts, and attitudes toward the role of the self in the system. 

 

  1. Political Ideology (22) – an individual’s coherent set of values and beliefs about the purpose and scope of government

 

  1. Conservative (22) – one thought to believe that a government is best that governs least and that big government can only infringe on individual, personal, and economic rights

 

  1. Liberal (23) – one considered to favor extensive governmental involvement in the economy and the provision of social services and to take an activist role in protecting the rights of women, the elderly, minorities, and the environment

 

  1. Libertarian (23) – one who favors a free market economy and no governmental interference in personal liberties

 

  1. Politics (29) – the process by which policy decisions are made

 

 

Chapter 2

  1. Stamp Act Congress (38) – meeting of representatives of nine of the thirteen colonies held in New York City in 1765, during which representatives drafted a document to send to the king listing how their rights had been violated

 

  1. Committees of Correspondence (38) – organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British

 

  1. First Continental Congress (39) – meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty-six delegates (from every colony except Georgia) adopted a resolution in opposition to the Coercive Acts.

 

  1. Second Continental Congress (39) – meeting that convened in Philadelphia on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named Commander in Chief

 

  1. Confederation (40) – type of government in which the national government derives its powers from the states; a league of independent states

 

  1. Declaration of Independence (40) – documented drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain

 

  1. Articles of Confederation (42) – the compact among the thirteen original states that was the basis of their government.  Written in 1776, the Articles were not ratified by all the states until 1781.

 

  1. Shay’s Rebellion – a 1786 rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel Shays marched to Springfield, MA, and forcibly restrained the state court from foreclosing mortgages on their farms.

 

  1. Virginia Plan (45) – the first general plan for the Constitution, proposed by James Madison.  Its key points were a bicameral legislature, an executive chosen by the legislature, and a judiciary also named by the legislature.

 

  1. New Jersey Plan (47) – a framework for the Constitution proposed by a group of small states; its key points were a one-house legislature with one vote for each state, a multiperson “executive,” the establishment of the acts of Congress as the “supreme law” o f the land, and a supreme judiciary with limited power.

 

  1. Great Compromise (47) – a decision made during the Philadelphia convention to give each state the same number of representatives in the Senate regardless of size; representation in the house was determined by population.

 

  1. Three-Fifths Compromise (48) – agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for representation in the US House of Representatives.

 

  1. Separation of Powers (50) – a way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the president, and the federal courts are selected by and responsible to different constituencies.

 

  1. Checks and Balances (50) – a governmental structure that gives each of the three branches of government some degree of oversight and control over the actions of the others.

 

  1. Federal System (50) – plan of government created in the US Constitution in which power is divided between the national government and the state governments and in which independent states are bound together under one national government.

 

  1. Enumerated Powers (52) – seventeen specific powers granted to Congress under Article 1, section 8, of the US Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense.

 

  1. Necessary and Proper Clause (53) – the final paragraph of Article 1, section 8, of the US Constitution, which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution; also called the “elastic” clause

 

  1. Implied Power (53) – a power derived from an enumerated power and the necessary and proper clause.  These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

 

  1. Supremacy Clause (54) – portion of Article VI of the US Constitution that mandates that national law is supreme to (supersedes) all other laws passed by the states or by any other subdivision of government.

 

  1. Federalists (55) – those who favored a stronger national government and supported the proposed US Constitution; later became the first US political party

 

  1. Anti-Federalists (55) – those who favored strong state governments and a weak national government; opposed the ratification of the US Constitution

 

  1. The Federalist Papers (56) – a series of eighty-five political papers written by John Jay, Alexander Hamilton, and James Madison in support of ratification of the US Constitution.

 

  1. Bill of Rights (58) – the first ten amendments to the US Constitution

 

 

Chapter 3 Terms

  1. Federalism (71) – The philosophy that describes the governmental system created by the Framers (federal system)

 

  1. Tenth Amendment (74) – the final part of the Bill of Rights that defines the basic principle of American federalism in stating “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

 

  1. Reserve (Police) Powers (74) – powers reserved to the states by the Tenth Amendment that lie at the foundation of a state’s right to legislate for the public health and welfare of its citizens

 

  1. Concurrent Powers (74) – authority possessed by both the state and national governments that may be exercised concurrently as long as that power ins not exclusively within the scope of national power or in conflict with national law.

 

  1. Bill of Attainder (74) – a law declaring an act illegal without a judicial trial

 

  1. Ex Post Facto Law (74) – law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the US Constitution

 

  1. Interstate Compacts (75) – contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns

 

  1. McCulloch v. Maryland in 1819 (77) – the Supreme Court upheld the power of the national government and denied the right of a state to tax the bank.  The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

 

  1. Gibbons v. Ogden in 1824 (77) – the Court upheld broad congressional power over interstate commerce

 

  1. Dual Federalism (78) – the belief that having separate and equally powerful levels of government is the best arrangement

 

  1. 16th Amendment – authorized Congress to enact a national income tax

 

  1. 17th Amendment – made senators directly elected by the people; removed their selection from state legislators

 

  1. Cooperative Federalism (83) – the relationship between the national and state governments that began with the New Deal

 

  1. Categorical Grant (84) – grant for which Congress appropriates funds for a specific purpose

 

  1. Block Grant (86) – broad grant with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services

 

  1. Intergovernmental Lobby (86) – the pressure group or groups that are created when state and local governments hire lobbyists to lobby the national government

 

  1. Preemption (87) – a concept derived from the Constitution’s supremacy clause that allows the national government to override or preempt state or local actions in certain areas

 

  1. Contract with America (90) – campaign pledge signed by most Republican candidates in 1994 to guide their legislative agenda

 

  1. Mandates (90) – national laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) under threat of civil or criminal penalties or as a condition of receipt of any federal grants

 

  1. Sovereign Immunity (96) – the right of a state to be free from lawsuit unless it gives permission to the suit.  Under the 11th Amendment, all states are considered sovereign

 

 

Chapter 4

1.        One-person, one-vote (105) – the principle that each legislative district within a state should have the same number of eligible voters so that representation is equitably based on population

 

2.        Nonpartisan Election (107) – a contest in which candidates run without formal identification or association with a political party

 

3.        Sunshine Law (107) – legislation that requires government meetings and records to be open to the public

 

4.        State Constitution (108) – the document that describes the basic policies, procedures, and institutions of the government of a specific state, much as the US Constitution does for the federal government

 

5.        Progressive Movement (110) – advocated measures to destroy political machines and instead have direct participation by voters in the nomination of candidates and the establishment of public policy

 

6.        Governor (110) – chief elected executive in state government

 

7.        Package or General Veto (111) – the authority of a chief executive to void an entire bill that has been passed by the legislature.  This veto applies to all bills, whether or not they have taxing or spending components, and the legislature may override this veto, usually with a two-thirds majority of each chamber.

 

8.        Line-item Veto (111) – the authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending.  The legislature may override a veto, usually with a two-thirds majority of each chamber.

 

9.        Pardon (113) – the authority of a governor to cancel someone’s conviction of a crime by a court and to eliminate all sanctions and punishments resulting from the conviction.

 

10.     Commute (113) – the action of a governor when he or she cancels all or part of the sentence of someone convicted of a crime, while keeping the conviction on the record.

 

11.     Parole (113) – the authority of a governor to release a prisoner before his or her full sentence has been completed and to specify conditions that must be met as a part of the release.

 

12.     Extradite (113) – to send someone against his or her will to another state to face criminal charges.

 

13.     Sunset Law (114) – a law that sets a date for a program or regulation to expire unless reauthorized by the legislature.

 

14.     Term Limits (114) – restrictions that exist in some states about how long an individual may serve in state and/or local elected offices.

 

15.     Inclusion (116) – the principle that state courts will apply federal laws when those laws directly conflict with the laws of a state.

 

16.     Common Law (116) – legal traditions of society that are for the most part unwritten but based on the aggregation of rulings and interpretations of judges beginning in 13th century England.

 

17.     Criminal Law (116) – codes of behavior related to the protection of property and individual safety.

 

18.     Civil Law (117) – codes of behavior related to business and contractual relationships between groups and individuals.

 

19.     Missouri (Merit) Plan (118) – a method of selecting judges in which a governor must appoint someone from a list provided by an independent panel.  Judges are then kept in office if they get a majority of “yes” votes in general elections.

 

20.     Direct Initiative (121) – a process in which voters can place a proposal on a ballot and enact it into law without involving the legislature or the governor.

 

21.     Indirect Initiative (121) – a process in which the legislature places a proposal on a ballot and allows voters to enact it into law, without involving the governor or further action by the legislature.

 

22.     Direct (Popular) Referendum (122) – a process in which voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing disapproval.

 

23.     Advisory Referendum (122) – a process in which voters cast nonbinding ballots on an issue or proposal.

 

24.     Dillon’s Rule (123) – a court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government.

 

25.     Charter (124) – a document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality.

 

26.     Charter School (124) – public school sanctioned by a specific agreement that allows the program to operate outside the usual rules and regulations.

 

27.     Country (124) – a geographic district created within a state with a government that has general responsibilities for land, welfare, environment, and, where appropriate, rural service policies.

 

28.     Municipality (125) – a government with general responsibilities, such as a city, town, or village government that is created in response to the emergence of relatively densely populated areas.

 

29.     Special District (125) – a local government that is responsible for a particular function, such as K-12 education, water, sewerage, or parks.

 

30.     Town Meeting (128) – form of local government in which all eligible voters are invited to attend a meeting at which budgets and ordinances are proposed and voted on.

 

31.     Political Machine (128) – an organization designed to solicit votes from certain neighborhoods or communities for a particular political party in return for services and jobs if that party wins.

 

32.     Mayor (128) – chief elected executive of a city

 

33.     City Council (128) – the legislature in a city government

 

34.     Manager (128) – a professional executive hired by a city council or county board to manage daily operations and to recommend policy changes.

 

35.     District-based election (128) – election in which candidates run for an office that represents only the voters of a specific district within the jurisdiction.

 

36.     At-Large Election (129) – election in which candidates for office must compete throughout the jurisdiction as a whole.

 

37.     Commission (129) – form of local government in which several officials are elected to top positions that have both legislative and executive responsibilities.

 

38.     Public Corporation (Authority) (130) – government organization established to provide a particular service or to run a particular facility that is independent of other city or state agencies and supposed to be operated like a business.  Examples include a port authority or a mass transit system.

 

39.     Domestic Dependent Nation (130) – a type of sovereignty that makes an Indian tribe in the US outside the authority of state governments but reliant on the federal government for the definition of tribal authority.

 

40.     Trust Relationship (131) – the legal obligation of the US federal government to protect the interests of Indian tribes.

 

41.     Compact (131) – a formal legal, agreement between a state and a tribe

 

42.     Reservation Land (131) – land designated in a treaty that is under the authority of an Indian nation and is exempt from most state laws and taxes.

 

43.     Trust Land (131) – land owned by an Indian nation and designated by the federal Bureau of Indian Affairs as exempt from most state laws and taxes.

 

44.     Segregated Funds (133) – money that comes in from a certain tax or fee and then is restricted to a specific use, such as a gasoline tax that is used for road maintenance.

 

45.     Progressive Tax (134) – the level of tax increases with the wealth or ability of an individual or business to pay

 

46.     Regressive Tax (134) – the level of tax increases as the wealth or ability of an individual or business to pay decreases.

 

 

Chapter 5

  1. Civil Liberties (140) – the personal rights and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.

 

  1. Bill of Rights (142) – the first ten amendments to the US constitution, which largely guarantee specific rights and liberties.

 

  1. 9th Amendment (142) – part of the Bill of Rights that reads “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

 

  1. Due Process Clause (142) – clause contained in the 5th and 14th Amendments.  Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.

 

  1. Substantive Due Process (142) – judicial interpretation of the 5th and 14th amendments’ due process clause that protects citizens from arbitrary or unjust laws.

 

  1. Incorporation Doctrine (143) – an interpretation of the Constitution that holds that the due process clause of the 14th Amendment requires that state and local governments also guarantee those rights.

 

  1. Selective Incorporation (143) – a judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the 14th Amendment.

 

  1. 1st Amendment (145) – part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition.

 

  1. Establishment Clause (145) the first clause in the 1st Amendment.  It prohibits the national government from establishing a national religion.

 

  1. Free Exercise Clause (145) – the second clause of the 1st Amendment.  It prohibits the US government from interfering with a citizen’s right to practice his or her religion.

 

  1. Prior Restraint (150) – constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.

 

  1. Clear and Present Danger Test (152) – test articulated by the Supreme Court in Schenck v. US (1919) to draw the line between protected and unprotected speech; the Court looks to see “whether the words used…” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent.”

 

  1. Direct Incitement Test (152) – a test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur.

 

  1. Libel (153) – false written statements or written statements tending to call someone’s reputation into disrepute.

 

  1. Slander (153) – untrue spoken statements that defame the character of a person.

 

  1. New York Times Co. v. Sullivan in 1964 (153) – the Supreme Court concluded that “actual malice” must be proved to support a finding of libel against a public figure.

 

  1. Symbolic Speech (156) – symbols, signs, and other methods of expression generally also considered to be protected by the 1st Amendment.

 

  1. Due Process Rights (160) – procedural guarantees provided by the 4th, 5th, 6th, and 8th Amendments for those accused of crimes.

 

  1. 4th Amendment (160) – part of the Bill of Rights that reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

 

  1. 5th Amendment (163) – part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime.  It provides for indictment by a grand jury, protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law.  It also prevents the national government from taking property without fair compensation.

 

  1. Miranda v. Arizona in 1966 (163) – a landmark Supreme Court ruling that held the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have no counsel present.

 

  1. Miranda Rights (164) – statements that must be made by the police informing a suspect of his or her constitutional rights protected by the 5th Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.

 

  1. Exclusionary Rule (164) – judicially created rule that prohibits police from using illegally seized evidence at trial.

 

  1. 6th Amendment (164) – part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials.  These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.

 

  1. 8th Amendment (166) – part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

 

  1. Right to Privacy (171) – the right to be let alone; a judicially created doctrine encompassing an individual’s decision to use birth control or secure an abortion.

 

  1. Roe v. Wade in 1973 (172) – the Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th Amendment.

 

 

Chapter 6

  1. Civil Rights (182) – refers to the positive acts governments take to protect individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, or sexual orientation.

 

  1. 13th Amendment (185) – one of the three Civil War Amendments; specifically bans slavery in the US.

 

  1. Black Codes (185) – laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War.

 

  1. 14th Amendment (186) – one of the three Civil War Amendments; guarantees equal protection and due process of the laws to all US citizens.

 

  1. 15th Amendment (186) – one of the three Civil War Amendments; specifically enfranchised newly freed male slaves.

 

  1. Jim Crow Laws (187) – laws enacted by southern states that discriminated against blacks by creating “whites only” schools, theaters, hotels, and other public accommodations.

 

  1. Civil Rights Cases of 1883 (187) – the name attached to five cases brought under the Civil Rights Act of 1875.  In 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because it was private, not state, discrimination.

 

  1. Grandfather Clause (188) – voting qualification provision that allowed only those who grandfathers had voted before Reconstruction to vote unless they passed a wealth of literacy test.

 

  1. Plessy v. Ferguson in 1896 (188) – Plessy challenged a Louisiana statue requiring that railroads provide separate accommodations for blacks and whites.  The Court found that separate but equal accommodations did not violate the equal protection clause of the 14th Amendment.

 

  1. Suffrage Movement (191) – the drive for voting rights for women that took place in the US from 1890 to 1920

 

  1. 19th Amendment – the Amendment to the Constitution that guaranteed women the right to vote.

 

  1. Brown v. Board of Education in 1954 (193) – US Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the 14th Amendment’s guarantee of equal protection; marked the end of legal segregation in the US.

 

  1. Equal Protection Clause (193) – section of the 14th Amendment that guarantees that all citizens receive “equal protection of the laws”; has been used to bar discrimination against blacks and women.

 

  1. Civil Rights Act of 1964 (198) – legislation passed by Congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.

 

  1. De Jure Discrimination (199) – racial segregation that is a direct result of a law or official policy.

 

  1. De Facto Discrimination (200) – racial discrimination that results from practice (such as housing patterns or other social factors) rather than law.

 

  1. Equal Employment Opportunity Commission – federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing.

 

  1. Equal Rights Amendment (202) – proposed amendment that would bar discrimination against women by federal or state governments.

 

  1. Suspect Classification (203) – category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court.

 

  1. Strict Scrutiny (203) – a heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice.

 

  1. Title IX (205) – provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students.