terms Flashcards
Judicial Review
The power of the supreme court to rule on the constitutionality of laws
Electoral college
An intermediary body that elects the president
Presidential System
Government in which the executive is chosen independently of the legislature and the two branches are seperate
Republic
A government in which decisions are made through representatives of the people
Parliamentary System
Government in which the executive is chosen by the legislature from among its members and the two branches are merged
Separation of Powers
The institutional arrangement that assigns legislative, executive, and judicial powers to different persons or groups, thereby limiting the powers of each
Checks and Balances
The principle that allows each branch of government to exercise some form of control over the others
Enumerated Powers
Congressional powers specifically named in the constitution (Article 1, Section 8)
McCulloch v. Maryland
Supreme court ruling (1819) confirming the supremacy of national over state government
Gibbons v. Ogden
Supreme court ruling (1824) establishing national authority over interstate business
Categorical Grant
Federal funds provided for a specific purpose and restricted by detailed instructions, regulations, and compliance standards
Referendum
An election in which a bill passed by the state legislature is submitted to voters for approval
Recall
Votes to remove elected officials from office
CIVIL LIBERTIES
Individual freedoms guaranteed to the people primarily by the bill of rights
CIVIL RIGHTS
Citizenship rights guaranteed to the people (primarily by the 13th, 14th, 15th, 19th, and 26th amendments) and protected by the government
Incorporation
Supreme court action making the bill of rights applicable to the states
Habeas Corpus
The right of an accused person to be brought before a judge and informed off all the charges and evidence against them
Supremacy Clause
Constitutional declaration (Article VI) that the constitution and laws made under its provisions are the supreme law of the land
Free Exercise Clause
The first amendment guarantee that citizens may freely engage in the religious activities of their choice
Lemon Test
The three-pronged rule used by courts to determine whether the establishment clause is violated
Clear and Present Danger Test
The rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger
Miller Test
The rules used by the courts in which the definition of obscenity must be based on local standards
Imminent Lawless Action Test
The rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action
Prior Restraint
Censorship of or punishment for the expression of ideas before the ideas are printed or spoken
Exclusionary Rule
The rule created by the supreme court that says evidence seized illegally may not be used to obtain a conviction
Suspect Classification
A classification, such as race, for which any discrimatory law must be by a compelling state interest
Strict Scrutiny
A heightened standard of review used by the supreme court to assess the constitutionality of laws that limit some freedoms or that make a suspect classification
Racism
Institutionalized power inequalities in society based on the perception of racial differences
Jim Crow Laws
Southern laws designed to circumvent the 13th, 14th, and 15th amendments and to deny black people right on bases other than race
Literacy Tests
Tests requiring reading or comprehension skills as a qualification for voting
Grandfather Clauses
Provision exempting from voting restrictions the descendant of those able to vote in 1867
DE JURE SEGREGATION
Discrimination that arises from or is supported by the law
DE FACTO DISCRIMINATION
Discrimination that is the result not of law but rather of tradition and habit
Plessy v. Ferguson
The supreme court case that established the constitutionality of the principle “separate but equal”
Brown v. Board of Education
The supreme court case that rejected the idea that separate could be equal in education
Affirmative Action
A policy of creating opportunities for members of a certain group as a substantive remedy for past discrimination
Sexual Harassments
Unwelcome sexual speech or behavior that creates a hostiles work environment
