Vocabulary Flashcards
The Articles of Confederation
The first constitution for the central government of the United States, which operated between 1781 and 1788. The articles would be replaced by the original U.S. Constitution, which was ratified in 1788.
Requisitions
Orders to contribute money to the central government issued by congress to the states governments during the Revolutionary War and under the Articles of Confederation. Although these requisitions were legally binding the states on the states, the states routinely ignored them - treating them as requests instead of requirements.
Unicameral Legislature
A legislature with only one chamber of house.
Constitutional Convention
The meeting in Philadelphia between May and September of 1787 at which 55 delegates from 12 of the 13 states wrote the original U.S. Constitution that would be ratified in 1788.
Original Constitution
A common wayof referring to the pre-amended U.S. Constitution that was signed at the constitutional convention in Philadelphia in September of 1787 and that was ratified in 1788. The original constitution consists of the preamble and seven articles. it excluded the Bill of Rights, which was ratified in 1791.
Bill of Rights
Name givento the first ten amendments to the U.S. Constitution,all of which were ratified in 1791, and are the primary source of civil liberties in the U.S. Constitution.
Founders’ Constitution
The part of the U.S. Constitution that was written and ratified by the first founding generation. it consits of the Original Constitution, Bill of Rights, 11th amendment, and 12thamendment.
The Great Compromise
Compromise that sought to solve the disagreement between large and small states at the Constitutional Convention over now to apportion seats in congress. By this solution,a lower chamber has proportionalrepresentation and an upper chamber has equalstate representation.
The Virginia plan (large state plan)
Name given to James Madison’s proposal to replace the Articles of Confederation with a strong national government with extensive legislative authority. The plan called for separation powers and a bicameral legislature. It would have based representation in both chambers of the legislature on the principle of proportional representation. This would end up being adopted for only the lower chamber in the U.S. Constitution as part of the Great Compromise..
The New Jersey plan ( small state plan)
Name given to William Patterson‘s proposal to moderately reform the Articles of Confederation while maintaining its basic confederal structure of government. The plan proposed equal state representation, which would be adopted for the Senate in the U.S. Constitution as part of the Great Compromise.
The Three-Fifths Compromise
Provisionsin the U.S.,constitution that allowed States to count each of their slaves as three fifths of a person for purposes of calculating their share of seats apportioned in the House of Representatives.
Electoral College
System established by the U.S. Constitution for selecting presidents. By this system, each state is allocated a number of individuals called Electors equal to the number of members each state is allocated in the HOR and Senate. The person who becomes president is the person who wins the most votes from these Electors.
Slave Trade Clause
A provision in the United States constitution that prohibited the federal government from limiting the importation of people for 20 years after the constitution was adopted.
Fugitive Slave Clauses
Part of the Founders’ Constitution that (1) granted slavs owners a constitutional right to recapture runaway slaves who had fled to other states, including states where slavery was illegal, and (2) took away the right of states to pass laws to protect and/or emancipate runaway slaves.
Federalism
Principle of government that means authority is partly dividedand partly shared between the federal government and the state governments. Unlike in a confederacy, the central government in a federal system claims direct authority over individual persons.
Popular Sovereignty
The idea that the people of a particular territory have the highest authority to rule over that territory; and, thus, government authority is legitimate only if in derives from the consent of the people.
Direct Democracy
A form of democratic government in which all of the citizens directly participate in making and enforcing laws.
Representative Democracy
A form of democratic government in which the citizens who make and enforce laws are accountable, and do so on behalf of the majority of citizens who do not directly participate in making and enforcing laws.
Bicameral Legislature
A legislature with two chambers or houses. In a bicameral legislature there is an upper chamber and lower chamber.
Separation of Powers
Principle of government that means legislative,executive,and judicial powers are exercised by three separate branches of government consisting of distinct institutions that are staffed by officials who serve in only one institution at a time.
Checks and Balances
Principle of government that means the different branches of government exert enough power over one another in order to keep each other within their proper constitutional limits.
Supremacy Clause
A provision in the U.S. Constitution that declares the U.S. Constitution the supreme law of the land.
The Federalist Papers
85 essays written by Alexander Hamilton, James Madison, and John Jay between October 1787 and August 1788. The essays were initially published in newspapers but later complied into a book. Their primary purpose was to persuade New Yorkers to rote to ratify the constitution, but they have long been seen as the best guide for understanding the theory behind the U.S. Constitution and the system of government it creates.
Federalist
Name given to those who supported ratification of the original U.S. Constitution during the ratification debate in 1787-1788. (A political party called the Federalist Party was formed as a after the constitution was ratified, but not all the supporters of a ratification of the constitution became members of the politic party. For example, James Madison and Thomas Jefferson supported ratification but ended up forming a political party that opposed the Federalist Party).
Antifederalist
Those who opposed ratification of the original U.S. Constitution during the ratification debate in 1787-1788.
Reconstruction Amendments
Three amendments (13th,14th, and 15th) added to the U.S. Constitution passed during the Reconstruction Era. These amendments made such a dramatic transformation of the Founders’ Constitution that theirratificationis sometimes referred to as America’s Second Founding.
Birthright Citizenship Clause
First clause of the 14th amendment, which establishesthe constitutional rule that every person (regardless of race, ethnicity, religion, etc) born in the United States is, by right of birth, a citizen of the United States.
The Second Founding
A way of referring to the transformative effect of the Reconstruction Amendments.
Confederacy
A system with a central government and state government, but that is set up so that states maintain as much sovereignty and independent as possible. Most importantly, the central government only claims authority over state governments rather than over individual person, and this is the leading cause of the central government’s weakness.
Unitary National Government
A country with a supreme central government that either is the only government or does not share sovereign authority with lower governments.
Concurrent Authority
Area of public policy over which both state governments and national government have authority.
Reversed Powers
Area of public policy over which only state governments have authority.
Enumerated Powers
Specific legislative powers explicitly granted to congress in the U.S. Constitution. Most of these enumerated powers are located in Article 1, Section 8 of the Constitution.
Implied Powers
Powers not explicitly granted to Congress but rather are implied by the letter and spirit of the text of the Constitution. The primary source of Congress’ implied powers is the Necessary and Proper Clause.
Judicial Review
Authority of counts to decide whether an act of government is constitutional or unconstitutional.
Tenth Amendment
A provision in the U.S. Constitution that establishes (1) the authority of the federal government is limited to only those legal powers that are delegated to it by the U.S. Constitution and (2) unless the U.S. Constitution (or a state’s constitution) prohibits a state fromexercising a particular power, the state government is presumed to have authority to exercise that power.
Necessary and Proper Clause
A clause (the last of Article 1, Section 8) that grants Congress authority “to make all laws which shall be necessary and proper for carrying into execution” all other powers granted by the constitution.
Amendment-Enforcing Provisions
Provision of six constitutional amendments (13th,14th, 15th, 19th, 23rd, and 26th) that grant Congress authority ( with appropriate legislation) to enforce the rights guaranteed by the amendments . With the Necessary and Proper Clause, these amendment-enforcing provisions are the major sources of the federal government’s implied powers.
Police Power
Authority of the government to make laws and regulations in order to promote the health, safety, welfare, and morals of the people. In the United States, it is understood that the police power is reserved to the state governments.
Dual Federalism
Form of federalism, sometimes called Layered Cake Federalism, marked by a clear and distinct division of authority and responsibility between federal and state governments.
Layer Cake Federalism
Metaphorical nickname for Cooperative Federalism.
Laboratories of Democracy
Phrase that refers to the argument, most famously made by Supreme Court Justice Louis Brandeis, that an advantage of federalism is that it promotes progress toward discovery of better approaches to public policy by allowing states to conduct their own policy experiments without jeopardizing the rest of the country.
Race to the bottom
When economic competition between states leads them to enact socially suboptimal regulations to attract or retain large businesses and the jobs they provide.
Sixteenth Amendment
Gives Congress the power to levy and collect taxes on income without regard to population or census.
Progressive Income Tax
A tax structured so that those who make higher incomes pay a higher rate than those who make lower incomes.
New Deal
Name for the far-reaching set of policies pursued by President Franklin Delano Roosevelt and his fellow Democrats in Congress during the Great Depression that revolutionized the role of the federal government in the American economy. The policies aimed at providing immediate relief for those suffering from the depression, stimulating economic recovery, and reforming the economic regulatory system so that another depression would not occur.
Welfare state
Name given to a set of federal government programs that seek to promote the economic security, health, and well-being of citizens, especially those in financial or social need, which began to develop in the United States in the 1930s.
Cooperative Federalism
Form of federalism, sometimes called Marble Cake Federalism,in which federal and state governments cooperate and their roles and functions are intermingled.
The Great Society
President Lyndon Johnson’s ambitious public policy agenda that sought to wage a war on poverty by providing job training and direct income support to the poor; improve access to quality education, medical care, and transportation for lower income Americans; provide funds for legal services for the poor; promote racial equality; protect consumers and environment; and promote the arts.
Grants-in-Aid
Grants of money orland provided by the federal government to state and/or local governments onthe conditions that the funds be used for purposes defined by the federal government.
Categorical Grant
A type of federal grant-in-aid that provides relatively strict and specific guidelines on how the state or local government receiving the money must spend it.
Block Grants
A type of federal grant-in-aid that specifies a general purpose but gives state or local governments a lot of freedom in deciding how to spend the money to achieve that purpose.
Devolution
The process of the federal government returning functions and powers to the state and local governments.
Principled Federalism
A preference for a particular allocation of authority between the national and state governments that one consistently adheres to even if one dislikes the policy outcomes that will likely result from the allocation.
Civil Liberties
Legal rights designed to protect individuals from abuse of power by government.
Incorporation
Name for when the U.S. Supreme Court holds that a civil liberty from the Bill of Rights applies to state governments (rather than only the federal government) through the Fourteenth Amendment Due Process Clause’s command that no “ State deprive any person of… liberty… Without due process of law.”
Due Process Clause (of the Fourteenth Amendment)
Clause of the Fourteenth Amendment that says, “No State shall…deprive any person of life, liberty, or property without due process of law.”
Selective Incorporation
Gradual process by which the Supreme Court has chosen (one case and one right at a time) which civil liberties from the Bill of Rights to incorporate through the Fourteenth Amendment Due Process Clause.
Total Incorporation
The idea that all of the civil liberties protected by the Bill of Rights should automatically be incorporated into the Due Process Clause all at once.The Supreme Court rejected this approach and chose instead the gradual process of selective incorporation.
Unenumerated Constitutional Rights
Rights that are said to be implied by the Constitution but that are not actually mentioned in it. The U.S. Supreme Court typically holds that these rights are protected by the Due Process Clause of the Fourteenth Amendment.
Religious Freedom
The freedom to develop and live according to one’s own religious beliefs insofar as doing so does not interfere with the similar freedom of others.
Establishment Clause
Clause of the First Amendment that states,” Congress shall make no law respecting an establishment of religion.”
Free Exercise Clause
Clause of the First Amendment that states,” Congress shall make no law … prohibiting free exercise[ of religion]. “
Separation of Church and State
The view, often endorsed by liberal Supreme Court Justices, that the Establishment Clause of the First Amendment of the U.S. Constitution is designed to reduce or eliminate the role of religion in government affairs altogether.
Accommodationism
The view, often endorsed by conservative Supreme Court Justices, that the Establishment Clause of the First Amendment of the U.S. Constitution does not mandate the separation of church and state. Instead, government may, and perhaps should, accommodate religion so long as it does not compel activity or show preferential treatment.
Sherbert Test
Test used for determining whether a government action interferes with the legal right to the free exercise of religion. By this test, if a government action imposes an actual burden on the ability for a person to act upon a sincere religious belief, then the government action is unlawful unless it can withstand strict scrutiny.
Strict Scrunity
Label given to the most stringent approach taken by courts when reviewing potentially unconstitutional government actions. When applying strict scrutiny, a court makes the presumption that the government action in question is unconstitutional. The action is then ruled constitutional only if the government can prove the action in question was (1) in furtherance of a compelling government interest and (2) the least restrictive option available to the government for pursuing that compellinggovernment interest.
Content-Based Restrictions
Government law or action that restricts the freedom of expression because of disapproval of the content of the message being expressed. According to the Supreme Court, such restrictions are nearly always in violation of the First Amendment.
Time,Place, and Manners Regulations
Laws or rules that governments can impose on the exercise of free speech, as long as they meet specific criteria. These regulations allow for the restriction of speech in certain ways, but they must avoid discriminating based on the content of the speech.
Hate Speech
Expression that belittles or intimidates persons based on race, color, religion, national origin, or sexual orientation, or that may, because of its content, have the effect of inciting violence or prejudicial action against people based on those traits.
Fighting Words
Spoken words receiving less First Amendment protection because,according to the Supreme Court,” their very utterance inflict injury or tend to incite an immediate breach of peace” and “are of such slight social value us a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”
Fourth Amendment
Amendment that prohibits unreasonable searches and seizures and requires establishing probable cause,as determined by a judge, before receiving a search warrant.
Exclusionary Rule
Rule that if government acquires evidence through inconstitutional methods, then the evidence may not be admitted into court. This is used to enforce both Fourth Amendment protections against unreasonable searches and seizures and the Fifth Amendment right to remain silent when in police custody.
Fifth Amendment
Amendment that guarantees five distinct liberties, including the right to a Grand Jury for indictments; protection against double Jeopardy; right to not be compelled to self-incriminate; the right to due process; and the right to not have property taken for public use without receiving just compensation.
Self-Incrimination
The making of statements that provide evidence to one’s own guilt. The Fifth Amendment prohibits government from compelling anyone to make such statements.
Miranda Warnings
A statement, such as the following, which law enforcement makes to a criminal suspect prior to interrogating the them: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” A failure by law enforcement to issue a Miranda warning prior to questioning can result in statements made by a suspect to be excluded as evidence at trial. These rules were first established in a case called Miranda vs Arizona (1966).
Sixth Amendment
Amendment providing six rights pertaining to criminal trials,including the right to a speedy trial, impartial jury, and to having a lawyer.
Eighth Amendment
Amendment that prohibits excessive bail, excessive fines, and cruel and unusual punishments.
Searches and Seizures
Actions by law enforcement to search a person, place, or belongings and potentially take items as evidence. These actions are governed by the Fourth Amendment of the U.S. Constitution, which protects individuals from “unreasonable searches and seizures.”
Right to a speedy trial
The right to a speedy trial is guaranteed by the Sixth Amendment of the U.S. Constitution. This right ensures that people accused of crimes are tried without unnecessary delays. A speedy trial is fundamental to protecting defendants from prolonged detention, reducing the anxiety associated with criminal charges, and preserving the integrity of evidence and witness testimony.
Cruel and Unusual Punishments
A punishment that is considered inhumane, excessively severe, or disproportionate to the offense committed. This concept, found in the Eighth Amendment of the U.S. Constitution, protects individuals from penalties that do not align with society’s standards of decency and fairness. It includes forms of punishment that cause unnecessary suffering, torture, or are grossly excessive compared to the crime. The definition is interpreted by courts, often.
Flag Burning
The act of intentionally setting fire to a national flag, often as a form of protest. In the United States, flag burning has been recognized as a form of symbolic speech protected by the First Amendment. The Supreme Court affirmed this in Texas v. Johnson (1989), ruling that burning the American flag as an act of political expression is protected by free speech rights, even if many find the act offensive or disrespectful.
Obscenity
Speech, materials, or conduct that depict sexual content in a way that lacks serious literary, artistic, political, or scientific value and is deemed offensive by contemporary community standards. Obscenity is not protected by the First Amendment in the United States and can be regulated or restricted by law.
Slander of Public Figures
Involves making false, damaging spoken statements about individuals in the public eye, such as politicians, celebrities, or other prominent individuals. Unlike private citizens, public figures have a higher burden of proof when it comes to proving slander, due to First Amendment protections for free speech.
Student Speech ( in public schools)
The expression of ideas, opinions, or messages by students within the educational setting, which can include speech in classrooms, on school grounds, at school-sponsored events, and through student publications. This expression is protected under the First Amendment, but schools have the authority to regulate it to ensure that it does not cause substantial disruption, infringe on the rights of others, or violate standards of decency. The balance between students’ rights to free speech and the need to maintain an orderly educational environment is often determined by landmark court cases that define the limits and protections of student expression.
