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The system for implementing decisions made through the political process.

government

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Groups of like-minded people who try to influence the government. American government is set up to avoid domination by any one of these groups

factions

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The division of government power across the judicial, executive, and legislative branches

separation of powers

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A system in which each branch of government has some power over the others

checks and balances

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The division of power across the local, state, and national levels of government

federalism

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Services or actions (such as protecting the environment) that, once provided to one person, become available to everyone. Government is typically needed to provide public goods because they will be under-provided by the free market

public goods

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Situations in which the members of a group would benefit by working together to produce some outcome, but each individual is better off refusing to cooperate and reaping benefits from those who do the work

collective action problems

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The incentive to benefit from others’ work without making a contribution, which leads individuals in a collective action situation to refuse to work together

free rider problem

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The process that determines what government does

politics

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An economic system based on competition among businesses without government interference

free market

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Policies, generally favored by Democratic politicians, that use taxation to attempt to create social equality (for example, higher taxation of the rich to provide programs for the poor)

redistributive tax policies

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Political conflict in the United States between “red-state” Americans, who tend to have strong religious beliefs, and “blue-state” Americans, who tend to be more secular

culture wars

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A cohesive set of ideas and beliefs used to organize and evaluate the political world

ideology

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The side of the ideological spectrum defined by support for lower taxes, a free market, and a more limited government; generally associated with Republicans

conservative

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The side of the ideological spectrum defined by support for stronger government programs and more market regulation; generally associated with Democrats

Liberal

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Those who prefer very limited government and therefore tend to be conservative on issues such as social welfare policy, environmental policy, and government funding for education but liberal on issues involving personal liberty such as free speech, abortion, and the legalization of drugs

libertarians

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Unwritten rules and informal agreements among citizens and elected officials about how government and society should operate.

norms

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Government by the people. In most contexts, this means representative democracy in which the people elect leaders to enact policies. Democracies must have fair elections with at least two options

democracy

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Political freedom, such as the freedom of speech, press, assembly, and religion. These and other legal and due process rights protecting individuals from government control are outlined in the Bill of Rights of the U.S. Constitution

liberty

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In the context of American politics, “equality” means equality before the law, political equality (one person, one vote), and equality of opportunity (the equal chance for everyone to realize his or her potential), but not material equality (equal income or wealth)

equality

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Sent to the states for ratification in 1777, these were the first attempt at a new American government. It was later decided that the Articles restricted national government too much, and they were replaced by the Constitution.

Articles of confederation

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A political system in which the powers of the government are restricted to prevent tyranny by protecting property and individual rights

limited government

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A form of government in which power is held by a single person, or monarch, who comes to power through inheritance rather than election

monarchy

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An uprising of about 1,500 men in Massachusetts in 1786 and 1787 to protest oppressive laws and gain payment of war debts. The unrest prompted calls for a new constitution.

shays rebellion

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As understood by James Madison and the framers, the belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government. Our form of government is known as a republican democracy.

republicanism

The idea that government gains its legitimacy through regular elections in which the people living under that government participate to elect their leaders

consent of the goverened

Also known as "unalienable rights," these rights are defined in the Declaration of Independence as "Life, Liberty, and the pursuit of Happiness." The Founders believed that upholding these rights should be the government's central purpose

natural rights

Those at the Constitutional Convention who favored a strong national government and a system of separated powers

federalists

Those at the Constitutional Convention who favored strong state governments and feared that a strong national government would be a threat to individual rights

anti-federalists

The idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group possesses total control

pluarlism

A plan proposed by the larger states during the Constitutional Convention that based representation in the national legislature on population. The plan also included a variety of other proposals to strengthen the national government.

virginia plan

A plan that was suggested in response to the Virginia Plan; smaller states at the Constitutional Convention proposed that each state should receive equal representation in the national legislature, regardless of size.

new jersey plan

A compromise between the large and small states, proposed by Connecticut, in which Congress would have two houses: a Senate with two legislators per state and a House of Representatives in which each state's representation would be based on population (also known as the Connecticut Compromise)

the great compromise

A system of government in which legislative and executive power are closely joined. The legislature (parliament) selects the chief executive (prime minister), who forms the cabinet from members of the parliament

parliamentary system

As defined in the Tenth Amendment, powers that are not given to the national government by the Constitution, or not prohibited to the states, are reserved by the states or the people

reserved powers

Part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the United States are the "supreme Law of the Land," meaning national laws take precedence over state laws if the two conflict

national supremacy clause

The states' decision during the Constitutional Convention to count each slave as three-fifths of a person in a state's population for the purposes of determining the number of House members and the distribution of taxes

Three-Fifths Compromise

The first 10 amendments to the Constitution; they protect individual rights and liberties

bill of rights

Powers explicitly granted to Congress, the president, or the Supreme Court in the first three articles of the Constitution. Examples include Congress's power to "raise and support Armies" and the president's power as commander in chief

enumerated powers

The constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding

power of the purse

Part of Article I, Section 8, of the Constitution that grants Congress the power to pass all laws related to its expressed powers; also known as the elastic clause

necessary and proper clause

A negative or checking power over the other branches that allows Congress to remove the president, the vice president, or other "officers of the United States" (including federal judges) for abuses of power

impeachment

The Supreme Court's power to strike down a law or an executive branch action that it finds unconstitutional

judicial review

Powers supported by the Constitution that are not expressly stated in it.

implied powers

The division of power across the local, state, and national governments

federalism

The supreme power of an independent state to regulate its internal affairs without foreign interference

sovereign power

The power to enforce laws and provide for public safety

police powers

Responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments

concurrent powers

A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world

unitary government

A form of government in which states hold power over a limited national government

confederal government

The part of Article IV of the Constitution requiring that each state's laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines

full faith and credit clause

The part of Article IV of the Constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states

privileges and immunities clause

The form of federalism favored by Chief Justice Roger Taney, in which national and state governments are seen as distinct entities providing separate services. This model limits the power of the national government

dual federalism

The idea that states are entitled to a certain amount of self-government, free of federal government intervention. This became a central issue in the period leading up to the Civil War

states' rights

A form of federalism in which national and state governments work together to provide services efficiently. This form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility in national–state relations

cooperative federalism

A more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government

picket fence federalism

A form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants

fiscal federalism

A form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, or conditions (often involving threats to withdraw federal funding)

coercive federalism

Imposition of national priorities on the states through national legislation that is based on the Constitution's supremacy clause

federal preemption

Federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies

unfunded mandates

Federal aid to state or local governments that is provided for a specific purpose, such as a mass-transit program within the transportation budget or a school lunch program within the education budget

categorical grants

Federal aid provided to a state government to be spent within a certain policy area, but the state can decide how to spend the money within that area

block grants

A form of federalism in which states compete to attract businesses and jobs through the policies they adopt

competitive federalism

National laws that address discriminatory state laws. Authority for such legislation comes from Section 5 of the Fourteenth Amendment

remedial legislation

Basic political freedoms that protect citizens from governmental abuses of power

civil liberties

The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War

civil war amendments

Part of the Fourteenth Amendment that forbids states from denying "life, liberty, or property" to any person without due process of law. (A nearly identical clause in the Fifth Amendment applies only to the national government.)

due process clause

The process through which most of the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the Fourteenth Amendment

selective incorporation

Part of the First Amendment that states "Congress shall make no law respecting an establishment of religion," which has been interpreted to mean that Congress cannot sponsor or favor any religion

establishment clause

Part of the First Amendment that states that Congress cannot prohibit or interfere with the practice of religion

free exercise clause

The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment's establishment clause

the lemon test

The highest level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be shown to serve a "compelling state interest" or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal

strict scrutinty

The middle level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be "content neutral," must further an important government interest in a way that is "substantially related" to that interest, and must use means that are a close fit to the government's goal and not substantially broader than is necessary to accomplish that goal

intermediate scrutiny

Established in Schenck v. United States, this test allows the government to restrict certain types of speech deemed dangerous

clear and present danger test

Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action."

direct incitement test

Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech

symbolic speech

Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment

hate speech

A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials

prior restraint

Forms of expression that "by their very utterance" can incite violence. These can be regulated by the government but are often difficult to define

fighting words

Spoken false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech

slander

Written false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech

libel

Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech

commercial speech

Established in Miller v. California, this three-part test is used by the Supreme Court to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government

miller test

The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's "life, liberty, or property, without due process of law." Other specific due process rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches

due process rights

The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial

exclusionary rule

The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial

miranda rights

Being tried twice for the same crime. This is prevented by the Fifth Amendment

double jeopardy

Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures

privacy rights