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GOV MIDTERM
Unit 1,2, and Chapters 8+9
| Question | Answer |
|---|---|
| Inalienable (natural) rights | rights that cannot be taken away (life, liberty, property) |
| Natural rights | rights people are born with, not granted by government |
| Social contract | agreement in which people give up some freedom for protection |
| Popular sovereignty | government authority comes from the people |
| Republicanism | citizens elect representatives to govern |
| Democracy | system where people have political power |
| Participatory democracy | broad, direct citizen involvement |
| Pluralist democracy | competing interest groups influence policy |
| Elitist democracy | small group of elites holds most power |
| Politics | process of resolving conflicts over public policy |
| Civil society groups | voluntary organizations outside government |
| Declaration of Independence | justification for independence based on natural rights |
| Articles of Confederation | first U.S. government with weak national power |
| U.S. Constitution | supreme law establishing national government |
| Bill of Rights | first ten amendments protecting liberties |
| Federalist 10 | factions controlled best in a large republic |
| Federalist 51 | separation of powers and checks and balances |
| Federalist 70 | argument for a strong executive |
| Federalist 78 | judicial review and independent judiciary |
| Brutus 1 | Anti-Federalist critique of strong national government |
| Constitution | framework for government |
| Republic | government run by elected officials |
| Unicameral legislature | one-house legislature |
| Bicameral legislature | two-house legislature |
| Great Compromise | House by population, Senate equal |
| ⅗ Compromise | enslaved persons counted for representation |
| Separation of powers | division of authority among branches |
| Checks and balances | branches limit each other |
| Federalism | shared national and state power |
| Unitary system | centralized power held by national government |
| Confederal system | state-dominated system of government |
| Enumerated (expressed) powers | powers explicitly listed in the Constitution |
| Implied powers | powers inferred from the Constitution |
| Elastic (necessary and proper) clause | allows Congress to expand authority |
| Supremacy clause | federal law overrides state law |
| Reserved powers | powers kept by states |
| Concurrent powers | powers shared by state and federal governments |
| Exclusive powers | powers held only by the national government |
| Commerce clause | Congress regulates interstate commerce |
| Cooperative federalism | shared policy responsibility between state and national governments |
| Apportionment | distribution of House seats by population |
| Redistricting | redrawing congressional district boundaries |
| Gerrymandering | manipulating district lines for political advantage |
| Majority-minority district | minority group makes up majority of district |
| Incumbency advantage | benefits of already holding office |
| Delegate role | representative votes based on constituents’ wishes |
| Trustee role | representative votes based on own judgment |
| Politico role | combination of delegate and trustee roles |
| Filibuster | Senate tactic used to delay legislation |
| Cloture | 60 votes needed to end a filibuster |
| Mandatory spending | spending required by law (Social Security, Medicare) |
| Discretionary spending | spending decided annually by Congress |
| Entitlement program | program people qualify for by law |
| Welfare program | assistance based on financial need |
| Divided government | different parties control branches of government |
| Oversight | Congress monitors the executive branch |
| Formal powers | powers explicitly granted by the Constitution |
| Informal powers | powers derived from influence and public support |
| Bully pulpit | president uses visibility to persuade public |
| Executive order | directive with force of law |
| Executive agreement | agreement with foreign leader without Senate approval |
| Executive privilege | confidentiality of executive communications |
| Signing statement | president’s interpretation of legislation |
| Veto | president rejects legislation |
| Pardon | president forgives federal crimes |
| War Powers Resolution | limits president’s ability to deploy troops |
| Judicial review | power of courts to declare laws unconstitutional |
| Original jurisdiction | case begins in a court |
| Appellate jurisdiction | court hears appeals |
| Majority opinion | official decision of the Court |
| Concurring opinion | agrees with outcome, different reasoning |
| Dissenting opinion | disagrees with majority decision |
| Precedent (stare decisis) | respect for past court decisions |
| Judicial activism | courts take active role in shaping policy |
| Judicial restraint | courts defer to elected branches |
| Federal district courts | trial courts |
| Federal courts of appeals | appellate courts |
| Federal bureaucracy | agencies that implement laws |
| Bureaucrat | government official working in an agency |
| Bureaucratic discretion | ability to interpret laws |
| Regulation | rules with force of law |
| Bureaucratic adjudication | agencies settle disputes |
| Political patronage | rewarding supporters with jobs |
| Merit system | hiring based on qualifications |
| Pendleton Act (1883) | created merit-based civil service |
| Federal civil service | merit-based bureaucracy |
| Hatch Act | limits political activity of federal employees |
| Agency capture | agencies favor regulated industries |
| Iron triangle | alliance among Congress, bureaucracy, and interest groups |
| Issue network | loose policy alliances |
| Marbury v. Madison (1803) | judicial review. by ruled that SCOTUS can declare acts of Congress unconstitutional. Marbury sued after his judicial commission was not delivered. Court said he deserved the commission but struck down part of the Judiciary Act = increased their power |
| McCulloch v. Maryland (1819) | ruled that Congress has implied powers under the Necessary and Proper Clause and that states cannot tax the federal government. Maryland tried to tax the national bank, but the Court upheld federal supremacy and expanded national power |
| Gibbons v. Ogden (1824) | expanded Congress’s power under the Commerce Clause by ruling that interstate commerce includes navigation. The Court struck down a state-granted monopoly, reinforcing federal authority over interstate trade |
| United States v. Lopez (1995) | limited Congress’s Commerce Clause power by ruling that possessing a gun near a school was not an economic activity. This case marked a shift toward restricting federal power and reinforcing states’ rights |
| Baker v. Carr (1962) | established the principle of one person, one vote by ruling that legislative apportionment is a justiciable issue. This allowed federal courts to hear redistricting cases and strengthened equal representation |
| Shaw v. Reno (1993) | ruled that racial gerrymandering can violate the Equal Protection Clause if race is the primary factor in drawing districts. The case limited how states can use race in redistricting |
| Tinker v. Des Moines (1969) | protected symbolic speech by ruling that students do not lose their First Amendment rights at school. Students wearing black armbands to protest the Vietnam War was protected because it did not disrupt learning |
| Morse v. Frederick (2007) | allowed schools to limit student speech that promotes illegal drug use. The Court ruled that a banner reading 'Bong Hits 4 Jesus' was not protected, narrowing student free speech rights |
| DeJonge v. Oregon (1937) | incorporated the right to peaceful assembly to the states through the Fourteenth Amendment. The Court ruled that states cannot punish individuals for participating in lawful political meetings |
| Mapp v. Ohio (1961) | applied the exclusionary rule to the states by ruling that evidence obtained without a warrant or probable cause cannot be used in state courts. This strengthened Fourth Amendment protections |
| Gideon v. Wainwright (1963) | ruled that states must provide an attorney to criminal defendants who cannot afford one. The decision expanded the Sixth Amendment right to counsel and ensured fair trials |
| Brown v. Board of Education (1954) | ruled that racial segregation in public schools is unconstitutional because separate facilities are inherently unequal. The decision overturned Plessy v. Ferguson and advanced civil rights |
| DC v. Heller (2008) | ruled that the Second Amendment protects an individual’s right to own firearms for self-defense. The Court struck down Washington, DC’s handgun ban, clarifying gun rights |
| McDonald v. Chicago (2010) | incorporated the Second Amendment to the states using the Fourteenth Amendment. This meant state and local governments must respect individual gun rights |
| Lawrence v. Texas (2003) | ruled that laws banning consensual same-sex sexual conduct violate the right to privacy. The decision struck down sodomy laws and expanded substantive due process rights |
| Engle v. Vitale | Schools cannot officially lead or enforce prayer on students because it might take away religious freedom, violating the 1st amendment’s establishment clause |
| Freedom of expression | a fundamental right affirmed in the first amendment to speak, publish, and protest |
| Clear and present danger test | legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment |
| Prior restraint | the suppression of material prior to publication on the grounds that it might endanger national security |
| Symbolic speech | protected expression in the form of images, signs, and other symbols |
| Libel | an untrue written statement that injures a person’s reputation |
| Slander | an untrue spoken expression that injures a person’s reputation |
| Obscenity and pornography | words, images, or videos that depict sexual activity in a manner that is offensive and lacks artistic merit. |
| Ex post facto laws | laws criminalizing conduct that was legal at the time it occurred |
| Bill of attainder | a law passed by Congress punishing an individual without a trial |
| Writ of habeas corpus | a document setting out reasons for an arrest or detention |
| Procedural due process | a judicial standard requiring that fairness be applied to all individuals equally |
| Warrant | a document issued by a judge authorizing a search |
| Probable cause | reasonable belief that a crime has been committed or that there is evidence of criminal activity |
| Exclusionary rule | a rule that evidence obtained without a warrant is inadmissible in court |
| Grand jury | a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court |
| Double jeopardy | protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction |
| Miranda rights | the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity |
| Bail | an amount of money posted as a security to allow charged individuals to be freed while awaiting trial |
| civil rights | protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law |
| Civil liberties | protection from the gov discrimination |
| selective incorporation | the process of the Bill of Rights being applied to the states |
| Discrimination | the act of treating some people better than others without a fair or proper reason |
| Direct discrimination | intentionally treating someone with a protected characteristic less favorable than others |
| 14th amendment equal protection clause | the government needs to act to protect individuals |
| social movement | large groups of citizens organizing for political change |
| Social movement | large groups of citizens organizing for political change |
| Civil disobedience | the intentional refusal to obey a law to call attention to its injustice |
| Civil Rights Act of 1964 | legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate |
| Voting Rights Act of 1965 | legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states |
| 19th Amendment | a 1920 constitutional amendment granting women the right to vote |
| Title IX of the Higher Education Amendments of 1972 | legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs |
| 1st Amendment Free Exercise clause | protects the right of individuals to practice their religion freely |
| 1st Amendment Establishment clause | prohibits the government from establishing or endorsing a religion, ensuring a separation of church and state |
| Wisconsin v. Yoder | it established religious parental rights in upbringing children and also uses the free exercise clause to protect the Amish |
| Schenck v. United States (1919) | introduced the clear and present danger test establishing that free speech isn't absolute and can be limited when posing a significant threat. Especially during wartime. |
| New York Times Co. v. U.S. (1971) | Government cannot abridge the rights of freedom of press/expression as laid out in the Bill of Rights |
| Prior Restraint | When the government tries to restrain a story prior to its publication |
| 14th Amendment Privileges and immunities clause | no state shall abridge the "privileges or immunities of citizens of the United States," meaning states can't deny fundamental rights shared by all U.S. citizens |
Created by:
katdolan