Key terms Flashcards
State of Nature
a theory on how people might have lived before societies, or any governments existed
natural rights
the right to life, liberty, and property; believed to be given by God; no government may take away
social contract
A powerful, foundational agreement between people and their government in which
citizens consent to be governed so long as the government protects their natural rights.
direct democracy
A form of democracy where there are no elected leaders, and people participate
personally in making government decisions instead of choosing representatives to do this for them.
popular vote
The outcome of a democratic election in which all qualified voters are eligible to
participate, and the winner is the person who receives the largest number of individual votes (majority
rule).
popular sovereignty
the people ‘reign’ or control their government. People show they ‘reign’ over
government by selecting their leaders and laws (a republic type of government).
due process
The requirement that when government deals with all people, government must have fair
procedures that it follows and which it applies equally to all. In the 5th and 14th amendments.
Declaration of Independence
The original document, authored principally by Thomas Jefferson, that
“birthed”; the United States and started the Revolutionary War. It lists important natural rights and
grievances against the King of England, as well as declaring independence.
Articles of Confederation
Confederation: The first government of the United States, consisting of a unicameral (one-
chamber) Congress. Did not permit Congress to tax, regulate foreign or interstate commerce, or enforce
its laws. The Articles of Confederation failed as it formed an alliance of sovereign state governments
with very weak national government.
Shay’s Rebellion
Daniel Shay threatened rebellion against the Confederation government because of its
many weaknesses. Led to the Confederation Congress inviting the State Governments to attend the
Constitutional Convention.
Constitutional Convention
a meeting in Philadelphia, 1787 where twelve States sent Government
leaders and they took approximately 100 days to write a 2nd U.S. Constitution comprised of three,
separate Branches of Government, newly created Checks &Balances, with elections for the new
national leaders, their powers, etc.
Virginia Plan
Plan: A plan proposed by the representatives of Virginia at the Constitutional Convention for a
two-house (that is, bicameral) legislature, wherein the number of a state’s representatives in each
chamber would be based on the state population. Also wanted the Executive and Judicial Branches.
bicameral legislature
A lawmaking body (or Congress) in the legislative branch that consists of two
separate chambers or two separately elected groups of officials, such as Senators and Representatives,
like the Virginia Plan. Bi, meaning “two”,and camera, meaning “chamber” are from Latin.
New Jersey Plan
A plan proposed by the representatives of New Jersey at the Constitutional
Convention that called for a one-house national legislature in which each state would have one vote.
Also wanted the Executive and Judicial Branches.
unicameral legislature
A lawmaking body (Congress) in the legislative branch that consists of only one
chamber, like the New Jersey Plan wanted as well as also in the Articles of Confederation. Uni, meaning
“one” and camera, meaning “chamber” are from Latin.
great compromise
Also known as the Connecticut Compromise, this was a 1787 agreement that
created a bicameral legislature (Congress) in the new 2nd United States Constitution, with representation
based on population size in the House of Representatives and equal representation of states in the
Senate.
three fifths compromise
During the creation of the U.S. Constitution, an agreement made that called
for counting of all a state’s free population and 60 percent of its slave population for the twin purposes
of federal taxation and representation in Congress.
separation of powers
The division of a government’s powers among three separate branches of
government, managed by different groups of people. In the United States, the three branches of
government are legislative, executive, and judicial. Legislative also means propose new laws; Executive
means enforce or administer the laws; and Judicial means judge or interpret the laws in court cases.
checks and balances
Extra constitutional powers that allow each branch of government to limit or
check the exercise of power of the other two branches or approve their actions. This system requires
different parts of government to work together and find agreement in order to accomplish new official
actions.
federal system or federalism
A form of government in which power is divided between state
governments and a national government (different levels with different powers).
ratification
The action of signing or otherwise officially approving a treaty, contract, or agreement,
making it legally valid.
Ratification Debate
about whether to approve the 2nd US Constitution
between the Federalists and Anti-federalists.
the federalist papers
A series of 85 essays written and published by several of the Founding
Fathers—Alexander Hamilton, James Madison, and John Jay—in 1887-88, in favor of ratifying the newly
written 2nd US Constitution.
faction
Also called an interest group, this is a group of people who gather to petition government for
their special concern or try to take it over. In Federalist #10, James Madison explains how the 2nd U.S
Constitution stops extreme factions because of electing leaders (a republic), three Branches, and checks
& balances.
republic
A system of government in which political power is held by the people through their ability to
elect representatives who make laws on their behalf.
Bill of Rights
Collectively, the first ten amendments to the U.S. Constitution, ratified in 1791; they list
citizens’ civil liberties and civil rights. The Anti-Federalists advocated for a Bill of Rights to be added to the
2nd US Constitution.
Legislative Branch
Congress will Legislate or Propose/Write-Up/Debate/Vote on New Laws
enumerated or expressed powers
National Powers given explicitly to the Federal Government,
specifically the Congress by the Constitution (Article I, Section 8) to regulate (pass laws on)
interstate and foreign commerce, raise and support armies, declare war, coin money, and
conduct foreign affairs, tax and borrowing money.
interstate commerce clause
One of the enumerated (express) powers of Congress; this is the
power to regulate commerce and trade between two or more states.
inherent powers
National Powers of the president or Congress that are neither enumerated
nor implied but assumed to exist as a direct result of the country’s existence. Example: buying
land to add to the Country.
implied powers
A power not expressly defined in the Constitution but ‘implied’ to Congress
through a loose interpretation (or stretching the words) of the ‘Necessary and Proper’ clause =
Elastic Clause.
bipartisan
Meaning “two factions”, or both political parties agree on a particular government
action, issue, or law.
oversight
The right and responsibility of one body or branch of government to review and
monitor other bodies; for example, Congress oversees federal agencies and programs which are
managed by the executive branch.
discretionary spending
In the context of the U.S. budget, pending that can be altered from year to year
through the congressional appropriations process, including spending on scientific research, housing
assistance, veterans’ health care, education, and transportation.
budget resolution
A plan for the government will receive in revenue and spend over the next fiscal year,
including a set of budget priorities and discretionary spending limits.
pork- barrel spending
spending on often unnecessary local projects that benefit a specific member of
Congress’s district or state.
advice and consent
A constitutional power given to the Senate only, stating that presidential
nominations for executive and judicial positions take effect only when confirmed by the Senate. Also,
foreign treaties become official only when the Senate approves them by a two-thirds vote. Also called
confirmation.
impeachment
Legislative process for removing government officials suspected of “high crimes and
misdemeanors”, including judges and even the president; impeachment requires a majority vote in the
House of Representatives on articles of impeachment and then the support of two-thirds of the Senate
for conviction and removal.
supermajority
Also referred to as an absolute majority, this is any number greater than 50%.
committee
Small set of representatives or senators tasked with considering, researching, introducing,
and investigating particular policy areas. Also called congressional committees.
standing committee
A permanent committee that exists from session to session for the purpose of
researching, writing, and introducing proposed pieces of legislation in a particular policy topic area.
select committees
A temporary congressional committee established to investigate a particular issue or
policy area not covered by a standing committee.
joint committees
A committee containing members of both the House of Representatives and the
Senate who work together on a particular issue such as economic or tax policies.
conference committees
a type of temporary joint committee whose job it is to form one version – one
unified bill from different versions of the same piece of legislation passed by the House of
Representatives and the Senate to be sent to the President.
rules committee
In the House of Representatives, a powerful committee that determines the
parameters for debate and amendments to a piece of legislation. In the Senate, a similar group, the
Senate Committee on Rules and Administration, is less powerful, as it does not set the terms of debate.
census
A population count which, in the United States, is constitutionally required every ten years as
the first step in congressional reapportionment.
reapportionment
The once-per-decade process of assigning the number of House of Representatives’
435 seats to districts in the 50 states according to population, as determined by the most recent U.S.
census. The Census Bureau decides how many representatives each State gets based on population size.
redistricting
After reapportionment, this is when each State Government will re-draw the boundary
lines of each electoral voting districts to accommodate changes in a state’s population based on the last
census with the goal is of creating congressional districts that are as equal as possible in population.
gerrymandering
When redistricting is done illegally to favor one political party. The word happened
because of a colorful origin (Elbridge Gerry, Massachusetts governor, signed a bill in 1812 that created a
partisan district in the Boston area that was shaped like a salamander; Gerry + salamander became
“gerrymander”), this is the manipulation of political advantage by re-drawing electoral districts,
producing districts biased in favor of one particular political party.
majority party
In either the House of Representatives or the Senate—or both, collectively—the political
party with more seats.
minority party
In either the House of Representatives or the Senate—or both, collectively—the political
party with fewer seats.
speaker of the house
In the House of Representatives, the elected leader of the majority party who
serves as the chief presiding officer; makes committee assignments, controls the agenda and voting, etc
majority leader
In the U.S. House of Representatives, second-in-command to the Speaker of the House;
both are affiliated with the party with majority control.
minority leader
the elected leader of the minority party. In the U.S. House of Representatives, the
leader of the minority party, elected by the party members in the House.
majority whip
In either the House of Representatives or the Senate, a leader from the majority political
party whose job it is to help coordinate strategy and maintain discipline among the members of the
party. The term derives from a hunting term, “whipper-in,” whose job is to prevent hounds from
wandering away from the pack.
minority whip
In either the House of Representatives or the Senate, a leader from the minority political
party whose job it is to help coordinate strategy and maintain discipline among the members of the
party. The term derives from a hunting term, “whipper-in,” whose job is to prevent hounds from
wandering away from the pack.
president pro tempore
In the U.S. Senate, the person who serves as the Chief Presiding Officer in the
absence of the Vice President; this role is often ceremoniously given to the longest-serving senator of
the majority party.
filibuster
A political procedure allowed in the US Senate where one senator will continue talking to
delay or prevent debate on a proposal, usually by holding the floor and speaking continuously, refusing
to yield or stop. To break a filibuster, 60 of the 100 senators present must vote to end it (called a cloture
vote).
cloture
A procedural mechanism in the U.S. Senate whereby 60 members (three-fifths) of the entire
Senate vote to end a filibuster.
Executive Branch
President will Execute, Enforce, Administer or Implement the Laws
commander in chief
Constitutional power giving the president authority over all parts of the U.S.
military, including promoting and dismissing military commanders and officers.
chief executive
The president’s power to enforce all laws thus overseeing all government workers that
help him enforce laws. The president can require ‘reports’ from any government worker on how they
are enforcing the laws.
Monroe Doctrine
A principle of U.S. policy, first articulated by President James Monroe, declaring that
interventions by European powers in the affairs of the nations of the Western Hemisphere would be
considered as intolerable acts of aggression by the United States.
executive memorandum
A presidential tool similar to an executive order, used to manage the
operations of the various departments and agencies of the federal government.
executive orders
A written directions to a government agency issued by a president in the absence of
congressional action to pursue a particular course of action. Generally, such an order is where the
president changes an existing law and orders the workers to enforce it the new way. It can be subject to
challenge through the courts.
executive agreements
Formal agreements between the President and other Countries that do not need
to be confirmed by the US Senate. In the United States, a president can make such an agreement
without ratification by the Senate as a foreign treaty would need to be.
recess appointment
An appointment of a federal official by the president at a time when the Senate is
not in session and is therefore unable to confirm appointments.
veto
The power of a president to reject a law passed by Congress. Veto is a Latin term meaning
“I forbid.”
line item veto
The ability of an executive to reject specific portions of a piece of legislation rather than
reject the entire bill. In the United States, most governors have this power, but the power of line-item
vetoes for the president has been ruled unconstitutional by the Supreme Court.
administrative agencies
Government organizations created by Congress to enforce laws, policies, and
government programs. Administrative agencies are organized under the president in the executive
branch and collectively employ millions of federal workers.
Judicial Branch
Judges will Judge, Interpret or Apply the Laws in Court Cases
civil cases
Court cases based on civil law, not criminal law. Civil law regulates disagreements between
individuals and companies, individuals and government agencies, and foreign individuals or
governments, including questions of constitutionality.
criminal cases
Court cases based on crimes which cause harm to other persons or property.
Government attorneys will prosecute those who are accused of breaking criminal laws.
common law
The form of law that is based on custom, precedent, and court decisions in England,
rather than on legislative decree.
jurisdiction
The particular area or territory officially assigned to a Judge to receive and decide court
cases. The US Supreme Court has both original and appellate jurisdiction.
Original Jurisdiction
the power of a court to hear & decide a court case originally, or first.
Appellate Jurisdiction
the
power of a court to judge court cases appealed up to them.
judicial review
A principle that courts have the power to overturn laws passed by Congress and even
actions of the president if such laws or actions conflict with the Constitution. This power was established
in the case Marbury v. Madison.
judicial restraint
A viewpoint that judges should be reluctant to overturn the acts of Congress, the
President, or the states, deferring decisions (and thus, policymaking) to elected branches of
government. Proponents of judicial restraint focus on using stare decisis, and use a narrow, strict
interpretation of the Bill of Rights.
strict constructionist
An approach to interpreting the Constitution based on the idea that the national
government can only do those things which are specifically mentioned in the Constitution.
stare decisis
Meaning “let the decision stand,” this is a principle that courts should rely on previous
decisions and established precedents (a preceding court case’s decision) as they make decisions.
