KEY VOCABULARY TERMS A.P. U.S. Government Unit 1: Constitutional Underpinnings of U.S. Government Term Definition government Institutions and officials with the authority to make decisions that apply to all of society politics The process and method of making decisions for groups. Politics determines whom we select as governmental leaders and what policies they pursue. power The ability to cause others to behave as they might otherwise not choose to. policymaking system The process by which political problems are communicated by citizens and acted upon by government policymakers. political issue An issue that arises when people disagree about a problem or a public policy solution. policy agenda The issues that attract the serious attention of public officials and other people actively involved in politics at the time. policymaking institutions The branches of government charged with taking action on political issues. public policy A course of action that government makes in response to a political issue. linkage institutions democracy republic / representative democracy direct democracy majority rule minority rights individualism constitution Declaration of Independence natural rights /unalienable rights / individual rights consent of the governed limited government Articles of Confederation decentralized power The channels, methods, and or access points connecting citizens to policymaking institutions and through which issues and people’s policy preferences get on the government’s policy agenda. A system of making government decisions so that policy represents and responds to the public’s preferences. A form of democratic government in which people give public officials authority to make laws by electing them. Contrasts with direct democracy in which all the people participate directly in lawmaking. A form of democratic government in which people decide (e.g. vote on, form consensus on, etc.) policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then decide policy initiatives. In the U.S. the referendum (plebiscite), initiative, and recall are examples of forms of direct democracy operating within our representative democracy. A basic principle of democratic theory that, in a democracy, choosing among alternatives requires that the majority’s desire be respected. A principle of democratic theory that guarantees rights to those who do not belong to majorities. The attitude that citizens are responsible for taking care of themselves with minimal government assistance. A nation’s basic law that creates political institutions, assigns powers to different parts of the government, and often provides certain guarantees to citizens. The document approved by representatives of the American colonies in 1776 that states their grievances against the British monarch and declared their independence. According to John Locke, rights all people have as human beings, not dependent on governments, which include life, liberty, and property. John Locke’s idea that governments may only rule with the agreement of those ruled, or else be illegitimate. The idea, according to John Locke, that certain things are out of bounds for government because of the natural rights of citizens. The first constitution of the U.S., adopted by Congress in 1777 and enacted in 1781. It established a national legislature but most authority rested with the state legislatures. A form of government in which individual state or local governments have most decision-making authority, such as the Articles of Confederation. Shays’ Rebellion U.S. Constitution Framers / Founding Fathers New Jersey Plan Virginia Plan Connecticut Compromise unicameral legislature bicameral legislature House of Representatives Senate Three-Fifths Compromise A series of attacks on courthouses by a small band of farmers led by revolutionary war Captain Daniel Shays to block foreclosure proceedings. The document written in 1787 to replace the Articles of Confederation as the basic law of the U.S. It established the institutional structure of the U.S. Government and the roles and powers of these institutions. The writers of the U.S. Constitution The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state’s population. The proposal at the Constitutional convention that called for representation of each state in Congress in proportion to that state’s share of the U.S. population. The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state’s share of the U.S. population, and the Senate, in which each state has two representatives. A one-house legislature A two-house legislature (i.e. the House and the Senate in the U.S.) The house in Congress in which representation is based on a state’s share of the U.S. population. The house in Congress in which each state has two representatives. A provision in the original U.S. Constitution to count enslaved Africans as 3/5 of a person to ensure that Southern slave-holding states would have more representatives in Congress. Madisonian model “tyranny of the majority” separation of powers checks and balances Federalists Anti-Federalists Federalist Papers Federalist #10 Federalist #51 Marbury v. Madison (1803) judicial review rule of law An important principle of the U.S. Constitution, developed by Madison following Montesquieu, designed to limit the government’s power by dividing powers among three branches – legislative, executive, and judicial. An important principle of the U.S. Constitution, developed by Madison, designed to limit the government’s power by enabling each branch of government to check the other two branches’ authority. Supporters of the U.S. Constitution at the time the states were considering its adoption. Opponents of the U.S. Constitution at the time the states were considering its adoption. They argued that the Constitution protected the wealthy, that it would erode fundamental liberties, and that it would weaken the power of the states. A collection of 85 articles written by Alexander Hamiltion, John Jay, and James Madison under the pseudonym “Publius” to convince state legislatures to ratify the U.S. Constitution. The Federalist paper in which Madison argues that representative democracy in a large territory could help guard against "factions” and tyranny of the majority. The Federalist paper in which Madison in which Madison advocates for a separation of powers within the national government and appropriate checks and balances on each branch. The Supreme Court case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789. The power of the courts to determine whether acts of Congress, the executive branch, and lower courts are in accord with the U.S. Constitution. Established in Marbury v. Madison (1803) The principle that government is based on clear and fairly enforced laws and that government officials are not above the law social contract theory John Locke Montesquieu Jean-Jacques Rousseau popular sovereignty The idea, used by Enlightenment thinkers such as Locke and Rousseau, that the legitimacy of a government stems from an unwritten contract between the ruler and the ruled; that government’s purpose is to protect people’s rights; and a ruler who breaks this contract by abusing people’s rights loses legitimacy and may be overthrown A leading British philosopher who contributed many of the core ideas of social contract theory, especially that government should protect life, liberty, and property A leading French philosopher who contributed to social contract theory, particularly the notion that separation of powers and checks and balances could restrain the power of government A leading French philosopher who contributed to social contract theory’s main ideas, with a preference for direct democracy over representative democracy. The principle that the people are the ultimate source of authority and legitimacy of a government will of the people Alexander Hamilton James Madison amendment ratify due process Founding father that was the main author of the Constitution. Federalist. Founding father that was the main author of the Constitution. Federalist. A written addition or modification of a law or constitution To formally approve an agreement, treaty, amendment, or constitution The principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards Preamble Opening paragraph of the Constitution that explains the purposes of the Constitution. Article I Article II Article III The part of the Constitution that establishes the Legislative Branch The part of the Constitution that establishes the Executive Branch The part of the Constitution that establishes the Judicial Branch First ten amendments to the Constitution that establish basic civil liberties. Added in response to objections by anti-Federalists, key to ratification. Bill of Rights independent judiciary unitary system confederal system federal system (federalism) supremacy clause delegated powers reserved powers concurrent powers Tenth Amendment enumerated / express powers A system of judges and courts that is separate from other branches of government A system of government in which all power resides in the central government rather than smaller territorial units, such as states. A system of government in which states or other territorial units form a loose association for a common purpose, such that little power is lodged in the central government. A system of government in which governmental powers are divided between a central government and smaller territorial units, such as states. Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. The powers given specifically to the national government by the U.S. Constitution. Powers kept by the states under the 10th Amendment of the U.S. Constitution Powers shared by the federal and state governments under the U.S. Constitution The Constitutional amendment stating that powers not specifically delegated to the national government are reserved for the states. Delegated powers specifically listed or mentioned in the Constitution as grants of authority to Congress. Necessary and Proper Clause / Elastic Clause A clause in Article 1, Section 8, which authorizes Congress to pass “all laws which shall be necessary and proper” to carry out its enumerated powers implied powers Powers not listed or mentioned in the Constitution but that Congress or the U.S. courts are deem to be implied from the specifically enumerated powers of Congress. McCulloch v. Maryland (1819) Supremacy Clause “supreme law of the land” Gibbons v. Ogden (1824) commerce clause interstate commerce intrastate commerce full faith and credit clause extradition privileges and immunities dual federalism (“layer cake” federalism) cooperative federalism (“marble cake” federalism) fiscal federalism categorical grant-in-aid project grant formula grant block grant devolution / new federalism federal mandate unfunded mandate U.S. vs. Lopez (1995) U.S. v. Morrison (2000) 1819 case in which S.C. (Marshall court) ruled that the Article I’s Necessary and Proper clause implied that the federal government had the power to establish a national bank, which could not be taxed by a state. Significance: affirmed supremacy of national government over the states and upheld the implied powers of Congress under the Constitution. A clause in Article VI (6) of the U.S. Constitution, stating that federal law (the Constitution, national laws, and treaties) suspersedes all state and local laws. When the laws conflict, federal law has more authority. The notion that federal law supersedes all state and local laws. When the laws conflict, federal law has more authority. A landmark case in which the S.C. interpreted very broadly the interstate commerce clause, enabling Congress to promote or regulate virtually every form of commercial activity. A clause in the Constitution’s Article I that gives Congress the authority to regulate interstate commerce, trade with other nations, and with Native Americans. Trade that takes place between two states or among several states Trade that takes place within the borders of a state A clause in Article IV, Section 1 of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states. A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed. A clause in Article IV, Section 2, of the Constitution granting citizens of each state most of the privileges of citizens of other states. A type of federalism in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. A type of federalism in which powers and responsibilities are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. The pattern of spending, taxing, and providing grants in the federal system; it is the financial core of cooperative federalism. Federal grant to states that can be used only for specific purposes, or “categories,” of state and local spending. They come with strings attached, such as nondiscrimination requirements. A type of federal categorical grant given for specific purposes and awarded on the basis of the merits of applications. A type of federal categorical grant distributed according to a formula specified in legislation or in administrative regulations, such as percentage of population in poverty. A federal grant given more or less automatically to states or communities to support broad programs in areas such as community development and social services. The transference of responsibility for policies from the central government to state or local governments. Federal requirements that direct state or local governments to comply with federal rules under threat of penalties or as a condition of receiving a federal grant. A federal government mandate to the states without adequate federal funds to carry out the policy. Case in which the SCOTUS held that the federal Gun-Free School Zones Act of 1990, which forbid the possession of firearms in public schools, exceeded Congress’ constitutional authority to regulate commerce. The first S.C. case since the Great Depression to set limits to Congress's power under the Commerce Clause of the United States Constitution. (part of devolution) Landmark case in which the S.C. ruled that the power to regulate interstate commerce did not provide Congress with the authority to enact the 1994 Violence Against Women Act, which gave the victims of gender-motivated violence a federal civil remedy. Reflected a growing trend in the S.C. to set limits to Congress's power under the Commerce Clause of the United States Constitution. (part of devolution) Unit 2: People and Politics Term public opinion Definition Individuals’ views about public policies, political parties, candidates, government institutions, and public officials as revealed by surveys. demographics The characteristics of populations. census majority-minority district political culture political socialization agents of socialization opinion poll sample political ideology political spectrum Liberalism / “leftof-center” politics Conservatism / “right-of-center” politics centrists / moderates gender gap political party party image party identification coalition party eras critical election New Deal coalition party realignment The federal government’s counting of the size of the country’s population and its demographic characteristics every 10 years. Districts drawn to ensure that a racial minority makes up the majority of voters. A set of values and views about society, the economy, politics, and government shared by a population. The process by which individuals come to have certain core beliefs and political attitudes. Institutions and experiences that socialize people politically. A survey of public opinion based on asking questions of a small proportion of people that are representative of a larger population (a sample). A set of data collected from a subset of a population being studied. A basic set of beliefs about the roles of government, social groups, and individuals in society. Ideologies give meaning to events, personalities, and public policies. A common way of classifying political positions, political ideologies, or political parties along a one-dimensional axis. A political ideology favoring (1) an active role for government in solving society’s problems and (2) a limited role for government in people’s personal lives. A political ideology favoring (1) a limited role for government and a large role for private institutions in solving society’s problems and (2) an active role for government in people’s personal lives. People who hold a mix of ideological views and usually sit at the center of the political spectrum between liberal and conservative ideologies. A term that refers to the regular pattern by which women are more likely to hold liberal views, support Democratic candidates, support spending on social services, and oppose increasing levels of military spending than men. An organization that seeks to achieve power for its constituents by electing its members to public office. The voter’s perception of what a political party stands for, such as conservatism or liberalism. The sense of belonging to one or another political party. An alliance of several groups that cooperate to influence legislation or win elections to control public policy. Historical periods in which one party tends to win a majority of elections for several consecutive years. An electoral “earthquake” in which new issues emerge, new coalitions replace old ones, and the majority party is often displaced by the minority party. Critical election periods are sometimes marked by a national crisis and may require more than one election to bring about a new party era. The informal electoral alliance of working-class ethnic groups, Catholics, Jews, urban dwellers, racial minorities, and the South that was the basis of Democratic party dominance for American politics from the New Deal to the early 1970s. The displacement of the majority party by the minority, usually during a critical election. party dealignment independent split-ticket voting divided government gridlock party machine patronage / spoils system primary election general election closed primary open primary blanket primary national party chairperson national committee national party convention party neutrality religious right major party two-party system minor party / third party winner-take-all system proportional representation system multiparty system party discipline The gradual disengagement of people and politicians from the parties, as seen in part by shrinking party identification. A voter with low political identification who does not usually vote for the same political party from election to election. Voting for candidates from different political parties for different offices. A situation in which one party controls the White House and another party controls one or both houses of the United States Congress. Difficulty of passing laws fulfilling a party's political agenda under conditions of divided government. A type of political party organization that relies heavily on economic rewards, such as patronage, to win votes and govern. The practice of distributing government offices, contracts, and/or services to the supporters of the winning party. A state-level election in which voters determine a political party’s nominee for an elective office. An election in which voters choose among candidates from different parties to fill an elective office. A primary election in which only registered party members may vote. A primary election in which all voters may vote on a party’s nominees regardless of their party affiliation. A primary election in which voters can pick one candidate for each office from any party’s primary list. The party leader responsible for the day-to-day activities of the party and is usually nominated by the presidential committee. The group of party leaders that keeps the party operating between conventions. The national committee is composed of representatives from the states and territories. A gathering of delegates to write a party platform and nominate a party’s candidates for the presidency or other offices. A term used to describe the fact that many Americans are indifferent to the two major political parties. Christian organizations and movements characterized by their strong support of conservative social and political values and who tend to vote for conservative Republican candidates. A party that wins a significant percentage of the vote in elections and claim higher membership than minor parties. A political system in which two major parties dominate the electoral process and control of the government. A party that wins a much smaller percentage of the vote in elections and has smaller membership than major parties. An electoral system that awards offices only to the highest vote-getters, even if they win less than a majority of votes, without ensuring representation for voters in the minority. An electoral system that awards legislative seats to political parties in proportion to the percentage of the popular vote they receive in an election. A political system in which three or more political parties have the chance to gain control of government separately or in coalition. The ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. party polarization bipartisanship interest group “faction” In a two party system, efforts to design a bill or policy to win support from both major parties, sometimes at the expense of policy coherence or effectiveness. A private voluntary association that seeks to influence public policy as a way to protect or advance some interest. Madison’s term for groups or parties that try to advance their own interests at the expense of the public good. Special interest is a synonym in modern American politics. Federalist No. 10 pluralist theory elite theory hyperpluralist theory iron triangle / subgovernment military-industrial complex lobbying electioneering political action committee (PAC) amicus curiae briefs class action suits litigation The paper in which Madison argues that a large republic would be better than small states at guarding against the “mischief,” or evils, of factions. A theory that views American politics in terms of the interaction, conflict, and bargaining of groups. Competition between these groups is supposed to prevent any one group from gaining too much power. A theory of government and politics arguing that the inequality of wealth in the U.S. gives the wealthy greater power over government decision-making than less wealthy groups. A theory of government and politics arguing that groups are so strong that government is weakened, limited by gridlock. An enduring alliance of common interest between an interest group concerned with a policy area, a congressional committee handling that policy, and a bureaucratic agency that regulates or administers the policy. Often exercise much control over a policy area in the U.S. political system. A type of iron triangle between defense contractors, the Pentagon, Congressional committees, and the Presidency. Has usually backed increased military spending and military solutions to international problems. An organized effort to influence the policy process by persuading officials to favor or oppose action on a specific issue. Direct group involvement in the electoral process, such as funding campaigns, getting members to work for candidates, and forming political action committees. An organization created by an interest group to collect funds and make contributions to candidates in federal elections. A brief in which individuals not party to a suit attempt to have their voices heard; Latin for “a friend of the court.” A suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs. The bringing of lawsuits to influence policy. coalition building public relations (PR) grassroots mobilization political participation civil disobedience suffrage electorate voter registration voter turnout Motor Voter Act of 1993 nominate campaign strategy state party caucus McGovern-Fraser Commission Super Tuesday Efforts to shape the public image of an individual or organization as well public opinion about that person or group. The rallying of support from voters, affected groups, or a group’s members behind an interest group’s goals to bring pressure on government officials. Political activity, including voting, campaign activity, contacting officials, demonstrating, etc. designed to influence public policy outcomes. Intentionally breaking a law and accepting the consequences as a way to publicize the unjustness of the law. The legal right to vote. a body of people entitled to vote A requirement that eligible citizens register to vote before the election is held. The proportion of the voting-age population that actually votes. A law requiring states to allow residents to register to vote while applying for a drivers’ license, at social service offices, and by mail. to propose that someone be appointed or elected to a government office the way candidates use scarce resources to achieve the nomination or win office. a meeting to determine which candidate delegates from a state party will support. A 1970s committee in the Democratic party charged with recommending changes in party rules to promote more representation of women and minorities in the delegate selection process. The Tuesday in February or March of a presidential election year when the greatest number of states hold primary elections to select delegates to national conventions. superdelegates frontloading party base party platform direct mail Get-out-the-vote (GOTV) campaign finance reform Federal Election Campaign Act (FECA) of 1974 Federal Election Commission (FEC) Buckley v. Valeo (1976) Delegates to the Democratic Party’s national convention who obtain their seats on the basis of their positions within the party structure. States’ decisions to move their presidential primaries and caucuses to earlier in the nomination season in order to capitalize on media attention. Party activists, who are more likely to vote in primary elections than are less-committed centrists. The positions that a political party adopts at the beginning of the election campaign. The use of targeted mailings to prospective supporters, usually compiled from lists of those who have contributed to candidates and parties in the past. Political activity aimed at increasing the number of votes cast in a political election. Efforts to limit the role of money in determining elections and public policy by regulating the financing of electoral campaigns. 1974 legislation designed to regulate campaign contributions and limit campaign expenditures. The independent federal agency created by FECA to administer the campaign finance laws and enforce compliance with those requirements. A case in which the S.C. of the upheld a federal law setting limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech. The court struck down portions of the law and affirmed that candidates can give unlimited amounts of money to their own campaigns. hard money Funds contributed directly to a candidate or to a political party. soft money Unregulated political contributions to political parties for such purposes as voter education. In practice, parties used soft money to boost campaign spending. An organization created to influence the election or defeat of candidates for public office. Because they are not regulated by the F.E.C. or by a state elections commission, they are not subject to the same contribution limits as PACs. Advertising for or against a candidate for office made without the candidate’s cooperation or approval, often by PACs and 527s. 527 committee independent expenditures Bipartisan Campaign Reform Act of 2002 (McCainFeingold Act) Electoral College popular vote competitive state / battleground state / swing state swing voters Bush v Gore (2000) referendum initiative petition gerrymandering A campaign finance law that banned unlimited soft money contributions to political parties. A body of electors from each state who cast votes to elect the president and vice president the vote for a U.S. presidential candidate made by the qualified voters, as opposed to that made by the electoral college. A state whose votes for competing presidential candidates in a general election are likely to be close. Voters, usually centrists, liberal Republicans and conservative Democrats, whose voting patterns are unpredictable and might vote for either of the two dominant political parties. Landmark case that resolved the disputed 2000 presidential election in favor of George W. Bush although Bush lost the popular vote. The court ruled that the Florida Supreme Court's method for recounting ballots was a violation of the Equal Protection Clause of the 14th Amendment. A state-level form of direct democracy in which citizens vote to approve or reject laws passed by a state legislature A state-level form of direct democracy in which citizens vote to approve or reject laws drafted by citizens of the state, not the stage legislatures. The drawing of a legislative district’s boundaries with the intent of giving one party or group a significant advantage voter identification laws political efficacy civic duty policy voting presidential elections midterm elections off-year elections mandate theory of elections incumbent Southern strategy red state blue state watchdog state laws requiring photo ID or proof of citizenship in order to vote on election day The belief that one’s political participation, particularly voting, matters because it can affect what government does A belief that individuals have certain political obligations as a responsibility of their being citizens of a country. Most Americans believe voting is a civic duty. An approach to voting in which people base their choices on how close a candidate’s issues positions are to their own issue preferences. an election held every four years on even-numbered years an election held in the even-numbered years between presidential elections an election held in odd-numbered years The belief that the election winner has a mandate from the voters to implement policy promises. An elected official seeking reelection to the position he or she currently occupies. a Republican method of winning support among Southern white voters by exploiting opposition to civil rights for African Americans and support for “state rights” A state in the United States in which a majority of the electorate tends to vote for Republicans. A state in the United States in which a majority of the electorate tends to vote for Democrats. The role of the media in scrutinizing the actions and views of government officials. mass media Means of communication that reach a large audience. Includes newspapers, magazines, radio, television, and Internet. print media one of two kinds of media, includes newspapers and magazines. broadcast media one of two kinds of media, includes television and radio. electronic media Media communicated using computers, cell phones, and other communication devices that connect via the internet to the world wide web. A journal, commentary, or newsletter posted on the world wide web by an individual or organization. a group of businesses producing similar products in different geographic areas but under single ownership, management, or control, such as fast-food chains. strategy of some broadcast channels that appeal to a narrow, rather than a broad, audience. A close and mutually supportive relationship between government officials and a country’s news media industry in which the media do little to challenge officials’ views. A relationship between government officials and a country’s news media industry in which the media frequently challenge officials’ views. blogs chains narrowcasting symbiotic relationship adversarial relationship beat media event / staged event press conference photo op off-the-record conversation leak trial balloon sound bite spin media bias The assigned geographic area or topic for which a reporter regularly gathers news stories. An event purposely staged for the media that nonetheless looks spontaneous. Can be staged by groups and government officials, especially presidents. Meetings of government officials, candidates, or interest groups with the press to convey a point of view on an issue or issues. A staged event designed to produce memorable photographs and video images. (op = opportunity) A conversation in which the reporter can use the information but may not reveal the source of the information. The unofficial release of confidential information to a journalist or the media. An intentional news leak of a proposal to test public reaction to it. A short, colorful phrase or sentence that captures the main point in 15 seconds or less. The deliberate portrayal of information about a person or event in a particular way in an attempt to influence public opinion. Real or imagined beliefs that affect what stories journalists cover and how they report those stories. fairness doctrine negative campaigning / mudslinging horse race journalism front-runner industry concentration infotainment agenda-setting power The former requirement that television stations present contrasting points of view on a political issue or election. Attempts to win an advantage in a campaign by emphasizing negative aspects of an opponent or policy. The treatment of an election as a sporting event in which media stories focus on who is winning and why rather than the issues. A leader in a race, whether political or athletic. The degree to which sales in an industry are dominated by a few firms. The merging of hard news and entertainment in news presentations. The ability to determine which issues get placed on the policy agenda for consideration. Unit 3: Legislative Branch Term levy taxes power of the purse appropriations casework parliamentary democracy legislator / lawmaker / Congressperson / Congressmember constituent delegate role trustee role reapportionment redistricting gerrymandering majority-minority districts Baker v. Carr (1962) “one person, one vote” Reynolds v. Simms (1964) Wesberry v. Sanders (1964) Definition The power to enact a tax bill to finance government programs and services. Congress’ power to spend money on government programs and services. Funds allocated by a legislature for a stated purpose as part of a budget or spending bill. Personal services performed by members of Congress for constituents, often to help their constituents with problems they are having with the federal bureaucracy. A political system in which voters elect lawmakers to represent them in the nation’s parliament; the elected lawmakers choose a prime minister to head the executive branch. An elected lawmaker, such as a Representative or Senator. A person who lives in a legislator’s home district or state. An elected representative who acts in perfect accord with the wishes of his or her constitutents. An elected representative who believes that his or her own judgment, rather than instructions from constituents, should be used in making legislative decisions. The reallocation of House seats among the states, done after each national census, to ensure that seats are held by the states in proportion to the size of their populations. The redrawing of congressional district boundaries after a census to ensure roughly equal populations within each district. A form of redistricting done to give an advantage to a particular party or social group. A congressional district gerrymandered to ensure that a racial minority makes up the majority of voters. A Supreme Court case which attempted to reduce excess representation given to rural areas by gerrymandering. Ruled that house districts in state legislatures must be apportioned on the basis of “one person, one vote.” A basic expression of the principle of political equality. A Supreme Court case which attempted to reduce excess representation given to rural areas by gerrymandering. Ruled that senate districts in state legislatures must be apportioned on the basis of “one person, one vote.” A Supreme Court case which attempted to reduce excess representation given to rural areas by gerrymandering. Ruled that congressional districts must be apportioned on the basis of “one person, one vote.” Open-seat election Shaw v. Reno (1993) earmarks (“pork” / “pork barrel”) An election in which there is no incumbent officeholder. Case in which the S.C. ruled that redistricting based on race in general should be assumed to violate the equal protection clause, though bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act. Public projects supported by members of Congress to bring jobs and public money to their constituents, for which the members of Congress can claim credit. franking privilege Public subsidization of mail from the members of Congress to their constituents. “cautious and deliberative” 17th Amendment (1913) The amendment that changed the way in which senators are elected from selections by state legislatures to direct elections by the electorate. bill seniority rule committee chair legislative hearing markup session floor vote House Rules Committee closed rule open rule discharge petition filibuster cloture hold rider A draft of a proposed law presented for approval to a legislative body. The tradition of choosing a committee’s leadership positions based on the number of years of unbroken service on a committee. The leader of a Congressional committee, with the power to decide what to do with a bill. Chosen by the majority party, largely based on seniority rule. A meeting of a congressional committee or subcommittee to hear testimony and gather information on a proposed piece of legislation. The process of revising a bill in subcommittee. Vote of the entire Senate or House of Representatives on a bill A committee in the House of Representatives that decides when to schedule bills for floor votes and sets the rules for debate on a bill. A condition placed on a bill by the House Rules Committee that severely limits floor debate and amendments; this allows supporters to more easily pass a bill quickly, with no damaging debate or changes. A condition placed on a bill by the House Rules Committee that permits floor debate and amendments; this allows opponents to change the bill or even kill it. a means of bringing a bill out of committee and to the floor for consideration without a report from a Committee and usually without cooperation of the leadership. Due to unlimited debate in the Senate, a procedure in the Senate to delay or block a vote on a bill, usually by lengthy speechmaking. A vote in the Senate to place a time limit on consideration of a bill, and thereby overcome a filibuster. Requires 3/5 of the full Senate (normally 60 votes). An informal practice by which a Senator informs his or her floor leader that he or she does not want a particular bill to reach the floor for consideration (threat of filibuster is implied). An amendment added to a bill to achieve a goal that has nothing to do with the bill logrolling (reciprocity) iron triangle / issue network subgovernment The exchanging of favors, especially the trading of votes among legislators to achieve favorable action on bills that are of interest to one another. A mutually dependent relationship between congressional committees and subcommittees, federal agencies, and industrial interest groups. An iron triangle that dominates an area of policymaking. military-industrial complex Eisenhower’s term for the subgovernment that dominates military and defense policymaking. Involves defense contractors, the Defense Department, and Congress’ Armed Services Committees and Defense Appropriations Subcommittees. A meeting of all the members of a political party in the House or Senate to select their leaders, approve committee assignments and chairpersons, and identify common legislative objectives for the session. The party that holds the most seats in the House of Representatives or Senate. party conference / party caucus majority party minority party The party that holds fewer seats than the majority party in the Senate or House of Representatives. Speaker of the House Majority leader Minority leader whip standing committee subcommittee conference committee select committee Congressional caucus oversight confirmation “advice and consent” impeachment The top position in the House elected by a vote of the entire House; responsible for assigning bills to committees, deciding what bills will be debated and when, and appointing members to special committees. 2nd to top position in the House, elected by the majority party; responsible for managing legislation on the House floor Minority party’s overall leader in the House or Senate and main strategist. A Congressperson charged with keeping his/her party members informed of the plans of the party leadership, counting votes before votes on important issues, and rounding up support among party members for votes on bills. A relatively permanent congressional committee that addresses specific areas of legislation, such as education or agriculture. A small legislative committee within a larger, standing committee; subcommittees do much of the work of drafting and editing legislation. A temporary committee of legislators from both the House and Senate created to resolve differences in bills passed by both chambers. Temporary Congressional committee appointed for a specific purpose, such as the Watergate investigation. A group of members of Congress sharing some interest or characteristic. Most are composed of members of both parties and from both houses. The monitoring of an agency by a Congressional committee. The process by which the Senate gives or denies approval to the president’s appointment of federal judges and certain heads of executive agencies and departments. The phrase in the Constitution indicating that certain presidential powers, such as appointments and treaties, must be done with the consent of the Senate. (check and balance) The presentation of charges against a government official for wrongdoing. override A vote by 2/3 of Congress to reverse a president’s veto and turn a bill into law. revenues income received by a business of government to pay for its activities expenditures budget budget surplus budget deficit balanced budget national debt individual income tax 16th Amendment Internal Revenue Service (IRS) social insurance taxes progressive tax regressive tax Social Security Medicare The spending of money on goods and services An estimate of the income and expenditures for a future period of time, usually one year. The amount by which the national government’s annual revenues exceed its expenditures. The amount by which the national government’s annual expenditures exceed its revenues. To make up the difference, the government must borrow money (debt). a spending plan in which the revenues coming into an organization equal its expenditures. The amount of money a country owes its lenders. = total of all yearly deficits funded by borrowing plus the interest owed on those loans. a tax levied on an individual’s or a married couple’s annual income The Amendment explicitly authorizing Congress to levy income taxes. The federal agency responsible for the collection of federal taxes from taxpayers. taxes deducted from a paycheck to fund Social Security and Medicare, among other programs. any tax in which the burden falls more heavily on the rich than the poor (e.g. state and federal income taxes) any tax in which the burden falls more heavily on the poor than the rich, as a percentage of their incomes(e.g. sales taxes) The program established during the Great Depression to provide a minimum level of sustenance to older Americans and save them from poverty. A government-fun social insurance program providing health insurance coverage to people who are aged 65 and over. Medicaid House Ways and Means Committee Appropriations Committees Senate Finance Committee Congressional Budget and Impoundment Control Act of 1974 Congressional Budget Office (CBO) Office of Management and Budget (OMB) fiscal year mandatory spending discretionary spending entitlement program appropriations bills deficit spending A government program providing health insurance to low-income people. Taxes A federal law designed to reform the congressional budgetary process by enabling it to better set and meet its own budgetary goals and be less dependent on the president’s budget. Supports Congress Works with President to draft budget sent to Congress for consideration the period of time an organization uses for its budgeting record keeping, and financial reporting (e.g. Sept. 2009 – Sept. 2010) government revenue committed by law to be spent in specified ways appropriations for programs that can be raised or lowered as Congress sees fit benefits that legislation requires the government to provide to those who meet certain eligibility requirements (age, income, etc.) 13 Congressional bills that, taken together, make up the government’s budget proposal spending financed by borrowing rather than by tax revenues in case of a budget deficit Unit 4: The Presidency and the Bureaucracy Term and Illustration impeachment line of succession 25th Amendment cabinet administration White House executive order chief executive bureaucracy chief of state Definition and Significance A formal charge of wrongdoing against the president or other public official, equivalent to an indictment in criminal law; the first step in removal from office. The House may impeach the president by a majority vote for “Treason, Bribery, or other high Crimes and Misdemeanors.” The order in which individuals may become or act as President of the United States upon the incapacity, death, resignation, or removal from office of a sitting president or a president-elect. Provides for succession in case of the president’s death or disability (ratified in 1967). (Vice-president is first in line.) The heads of the executive departments. The president appoints members of the cabinet. The president, along with his or her personal staff and advisers. The term can also refer to a president’s time in office. 1. Residence and main office of the president 2. a president’s administration A rule, regulation, or instruction issued by a president or governor that has the force of law, usually to U.S. bureaucratic agencies to help direct their operation. The top public official in charge of enforcing laws and carrying out government policy. A large, complex organization that functions under rules and procedures. The federal bureaucracy includes federal agencies and executive agencies that employee 4.1 million civilian and military employees. The ceremonial leader of government. commander in chief chief diplomat chief legislator / policymaker chief manager of the economy chief of party The top public official in charge of the armed forces, responsible for the operations of the U.S. military and the overall security of the nation. (An authority granted by the Constitution.) The top public official overseeing U.S. foreign policy, talks with foreign leaders, and negotiation of treaties. (Includes authority granted by the Constitution.) A phrase invented to emphasize the executive’s importance in the legislative process. (Not an authority granted by the Constitution.) The power of the president to appoint members of the Federal Reserve, which has influence over the country’s economic growth, and to work with Congress on setting the federal budget and tax policy. (Not an authority granted by the Constitution.) Leader of a political party. (Not an authority granted by the Constitution.) chief citizen A role in which the president strives to embody American ideals, to serve the nation by acting in its best interests, and to comfort and inspire the people in times of crisis. (Not an authority granted by the Constitution.) chief of staff The head of the White House staff. White House staff Executive Office political appointee State of the Union address power to persuade presidential leadership bully pulpit presidential popularity public approval ratings electoral mandate going public honeymoon period lame-duck period presidential coattails propaganda veto power pocket veto line-item veto foreign policy Key aides the president sees daily, such as the chief of staff A collection of offices and organizations under presidential authority, some of which are created by legislation and others of which are organized by the President. A head of a federal agency or executive department appointed by the president and confirmed by the Senate. An annual speech given by the President to Congress in which s/he sets a policy agenda for Congress. The notion that the president's primary power is to persuade and bargain, not to command. The combination of character and skill that help a president win support for his/her agenda. Use of the presidency as a platform to persuade or mobilize the public to support the president’s policies. The percentage of Americans who approve a president’s handling of hi/her job. The popularity of the president in public opinion polls. The perception that a clear victory in an election indicates that voters have granted the president the authority to enact his/her agenda. The practice of presidents taking his/her issue or message directly to the people to increase pressure on Congress to support his/her legislative agenda. A short grace period early a president’s term during which public approval ratings tend to be high, giving the president greater ability to win support for his/her agenda. The late period of a president’s political term during which members of Congress are less inclined to cooperate but also presidents have greater freedom to issue unpopular decisions or appointments without fearing electoral consequences. The situation occurring when voters cast their ballots for congressional candidates of the president’s party because they support the president. The selective presentation of facts, misinformation, use of loaded messages, and/or repetition to influence public opinion. The power of the president to reject a bill and send it back to Congress for revision. An indirect vetoing of a bill by the president’s refusing to either sign or veto a bill received within the last 10 days of a congressional session. The power of an executive to reject or delete specific provisions of a bill, usually budget appropriations, without vetoing the entire legislative package. In 1998 the Supreme Court ruled that the Constitution does not permit the president to use a line-item veto (though governors may). A course of action developed by a country’s leaders to pursue the nation’s vital interests in its relationship with other countries. national security policy diplomatic recognition treaty Policy intended to maintain the survival of the nation-state through the use of economic, military and political power and the exercise of diplomacy. executive agreement joint resolution An agreement with another country signed by the president that has the force of law, like a treaty, but does not require Senate approval. An official statement issued by both houses of Congress; once signed by the president, a joint resolution has the force of law. An action in Congress intended to set limitations on the presidential power to make undeclared war. Passed in reaction to the president’s conversion of a small force of soldiers sent to Vietnam into an all-out war. It requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. A 1964 congressional action authorizing President Johnson to use military force in Southeast Asia without formally declaring war. Passed in response to two alleged unprovoked attacks by North Vietnamese forces on U.S. destroyers in the Gulf of Tonkin, known as the Gulf of Tonkin Incident. Allowed LBJ to vastly escalate U.S. involvement in the Vietnam War. A congressional agreement to give the president authority to take action normally reserved for Congress on the condition that if Congress does not support the action, it might block (veto) a presidential decision. The legislative veto is part of the War Powers Resolution, but may not be constitutional following S.C. ruling in INS v. Chadha. War Powers Resolution of 1973 Gulf of Tonkin Resolution legislative veto executive privilege Watergate United States v. Nixon (1974) rule of law spoils system / patronage civil service merit principle Pendleton Civil Service Act (1883) civil servants Hatch Act (1939) nonpartisan cabinet department independent regulatory agency / commission government corporation independent executive agency Official recognition of a foreign government as the legitimate government of a country. A legal agreement between two or more nations’ governments. The right to keep internal discussions and documents of the White House private The events and scandal surrounding a break-in at the Democratic National Convention headquarters in 1972 ordered by President Nixon and the subsequent cover-up of White House involvement, leading to the eventual resignation of Nixon under the threat of impeachment. The requirement that the American people and government officials abide by a system of laws. The practice of distributing government positions, jobs, and contracts to the supporters of a particular party or candidate. A system of hiring and promotion in government based on the merit principle and the desire to create a nonpartisan government service. The idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with skill and competence. A federal law that created a federal civil service so that hiring and promotion would be based on merit rather than patronage. Civilian government workers employed under the merit system, excluding political appointees. A federal law prohibiting government employees from active participation in partisan politics. Free from party affiliation, influence, or bias. A government agency in charge of a specific policy area, such as defense, and headed by a secretary appointed by the president and confirmed by the Senate. A government agency responsible for regulating some sector of the economy that makes and enforces rules to protect the public interest. A government-owned and –operated business that provides services that could be provided by the private sector and charges fees for their services. A government agency that is not a cabinet department, regulatory commission, or government corporation. policy implementation regulation Munn v. Illinois (1876) administrative discretion / policymaking discretion legislative intent executive order regulatory capture deregulation red tape privatization Freedom of Information Act of 1966 whistle-blower The stage of policymaking that involves executing a policy decision by creating an agency, making rules, and coordinating resources and staff to achieve the policy’s goals. The use of governmental authority to control or change some practice in the private sector. S.C. case that ruled that states may regulate certain businesses within their borders, such as railroads. Significance: A milestone in the growth of federal government regulation. The authority given by Congress to the bureaucracy to make rules as needed to carry out laws passed by Congress. The purpose the legislature had in drafting, proposing, and enacting a particular law. Presidential order directing specific federal agencies to carry out the president’s wishes (e.g. FDR’s Exec. Order to intern Japanese Americans, Truman’s Exec. Order to desegregate armed forces) A situation in which a government regulatory agency created to act in the public interest comes under the control of the industry or sector the agency is charged with regulating and acts to promote their private interests. The lifting of restrictions on business, industry, and professional activities for which government rules had been established and that bureaucracies had been created to administer. Overbearing bureaucratic rules and procedures which results in delay or inaction. The process of turning over government businesses or functions to the private sector (business). A federal law intended to strengthen the ability of the press and private citizens to obtain government information about bureaucratic policies and activities. An employee or former employee who bring official misconduct in their agencies to public attention. Unit 5 – The Judicial Branch Term and Illustration criminal law civil law litigant plaintiff standing to sue burden of proof defendant prosecution damages Definition and Significance the branch of law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts the branch of law that concerns relationships between private parties in noncriminal matters A party engaged in a lawsuit. The person or party who brings a lawsuit, or legal action, against another party in a civil case. The requirement that plaintiffs be directly affected by the issues at hand to have the authority to bring legal action. The obligation in a legal case to prove allegations by presenting strong supporting evidence. In a criminal case, the burden rests on the prosecution and in a civil case on the plaintiff. The person or party in a criminal trial who is charged with committing a crime. Or, in a civil case, the person or party being sued. The attorneys representing the government and the people in a criminal case. It is the prosecution’s job to show why a person accused of a crime should be found guilty as charged. Money to compensate for the losses suffered that the party found liable should pay. general jurisdiction The authority of a court to hear cases covering a variety of subjects, typical of both state and federal trial courts. limited jurisdiction The authority of a court to hear only certain kinds of cases. original jurisdiction appellate jurisdiction federal district court courts of appeal Supreme Court “good behavior” senatorial courtesy legal brief amicus curiae brief writ of certiorari rule of four solicitor general opinion precedent stare decisis majority opinion dissenting opinion concurring opinion judicial implementation judicial review Marbury v. Madison (1803) judicial activism activist judge / court judicial restraint strict constructionism /originalism / textualism The authority of a court to hear a particular kind of case for the first time. The authority of a court to review decisions made in lower courts. The 94 federal courts of original jurisdiction. The only federal courts in which trials are held and in which juries are impaneled. Appellate courts empowered to review all final decisions of district courts, except in rare cases. Also hear appeals to orders of many regulatory agencies. Highest court in the American judicial system. Ensures uniformity in interpreting national law, resolves conflicts among states, and maintains national supremacy in law. Has both original and appellate jurisdiction. The avoidance of unethical or illegal behavior that might lead Congress to impeach a federal judge. An unwritten tradition that allows a senator to block a nomination to a federal court in his or her home state. A written document drawn up by an attorney that presents the facts and arguments in a client’s case and presented to courts. Latin for “a friend of the court”; a brief in which individuals or groups not party to a suit may have their views heard. An announcement from the Supreme Court that it will hear a case decided by a lower court on appeal and an order to the lower court to send up files on the case. An unwritten practice that requires at least four justices of the Supreme Court to agree that a case warrants review by the Court before it will grant a writ of certiorari. A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government. A statement of the majority’s reasoning behind a judicial decision. Court rulings in the past that guide judicial reasoning in subsequent similar cases. Latin for “to stand by things decided”; the legal doctrine that lower courts should honor precedents made by higher courts in their own judicial decision making. The majority opinion that accompanies a Supreme Court decision. An opinion issued by the judge or judges in the minority on a particular case before the Supreme Court explaining their reasons for disagreeing with the majority. The opinion of one or more judges who vote with the majority on a case but wish to set out different reasons for their decision. How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The power of the Supreme Court to determine whether acts of Congress and the executive branch are or are not in accord with the U.S. Constitution, i.e. unconstitutional. The S.C. case in which Chief Justice Marshall and his allies first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789. A judicial philosophy holding that the courts have both the right and the obligation to use their power of judicial review to overturn bad precedents and promote socially desirable goals, especially those unmet by the legislative process. Contends that the court should go beyond the strict role of the judiciary as interpreter of the law and adjudicator of disputes. A court whose decisions adhere to the tenets of judicial activism. A judicial philosophy holding that the courts should use judicial review sparingly, especially in dealing with controversial issues. Contends that judges should play minimal policymaking roles, leaving that duty strictly to the legislatures. The judicial philosophy favoring a literal reading of the Constitution. Contends that the provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when interpreting the Constitution and rendering decisions. original intent loose constructionism / interpretivism doctrine of political questions John Marshall / Marshall Court (1801 – 1835) Earl Warren / Warren Court (1953 – 1969) William Rehnquist / Rehnquist court “legislative intent” litmus test The doctrine that the courts must interpret the Constitution in ways consistent with the intentions of the framers rather than in light of contemporary conditions and needs. The judicial philosophy favoring a flexible reading of the Constitution. Contends that modern moral values and the social consequences for a society should be taken into account when judges interpret the Constitution and render decisions. A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress. Supreme Court justice that in Marbury v. Madison (1803) declared that the Court has the power to determine the constitutionality of congressional actions. Liberal (loose constructionist) Supreme Court era which ruled in favor of racial desegregation, expanding the rights of criminal defendants and suspects, and restricting organized prayer in public schools. Conservative Supreme Court era (strict constructionist) which limited defendants’ rights, abortion rights, protection of civil rights, and the federal government’s power over the states. The goals of the legislature when enacting legislation, sometimes attempted to be determined by the judiciary where legislation is ambiguous, or does not appear to directly or adequately address a particular issue. A test in which a single factor (e.g. position on abortion) is decisive, influencing the votes of Senators when confirming presidential appointments of federal judges. test case A case brought to force a ruling on the constitutionality of some law or executive action. class action suit A suit brought on behalf of a group of people who are in a situation similar to that of the plaintiffs. Unit 6 – Civil Liberties and Civil Rights Term and Illustration civil liberties civil rights Bill of Rights writ of habeas corpus / habeas corpus petition bill of attainder ex post facto law Due Process Clause Incorporation / nationalization selective incorporation Free Exercise clause Establishment Clause separation of church and state / Definition and Significance Freedoms from certain types of government interference or abuse, as protected by constitutional provisions, laws and practices. Guarantees of equal treatment by government officials regarding political rights, the judicial system, and public programs. The first ten amendments to the U.S. Constitution, which define such basic rights as freedom of religion, speech, and press, and guarantee defendants’ rights. A legal action taken by a person who is arrested to request a timely hearing before a judge to evaluate whether his/her detention is lawful. A governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial. A law that retroactively declares some action illegal. The section of the 14th Amendment that prohibits states from depriving anyone of life, liberty, or property “without due process of law.” Governments must act under established legal guidelines rather than in an arbitrary or discriminatory manner. The process by which the Supreme Court has made most of the provisions of the Bill of Rights binding on the states through the Due Process Clause of the 14 th Amendment. The gradual and piecemeal incorporation of the protections of the Bill of Rights by the U.S. Supreme Court. The portion of the First Amendment to the Constitution that permits U.S. citizens to follow any religion or no religion at all. The portion of the First Amendment to the Constitution that prohibits Congress from establishing an official religion; the basis for the doctrine of the separation of church and state. An interpretation of the Establishment clause as clearly prohibiting any government support for religion at all. “wall of separation” Lemon Test political speech “clear and present danger” test fighting words symbolic speech content neutrality test chilling effect test prior restraint The standard developed in the Lemon v. Kurtzman case to determine if and when a government action violates the Establishment Clause. To be constitutional, a government restriction of religious action must have a secular purpose, neither help nor hurt the relgion, and not result in an “excessive entanglement” of the government and religion. Speech regarding free and open conversations among the people about the kind of government that is best for them and the sorts of public policies they consider most appropriate. A test to determine whether concerns over public safety justify government restrictions on free speech. Involves (1) speech that is “directed to inciting or producing imminent lawless action” and (2) the speech must be “likely to incite or produce such action.” According to the Supreme Court, spoken words that inflict injury or tend to incite violence. Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment. The legal doctrine that restrictions on free speech that favor some views over others are unconstitutional. The legal doctrine that restrictions on free speech that make others people less willing to exercise their free speech rights are unconstitutional. An attempt by a government to prevent the publication or broadcast of material they deem harmful libel The publication of false information about someone with intent to cause harm. slander The oral spread of false information about someone with intent to cause harm. obscenity right to assemble time, place, and manner restrictions right to associate right to petition the government probable cause unreasonable search and seizure search warrant exclusionary rule self-incrimination Miranda rights double jeopardy right to counsel cruel and unusual punishment capital crime felony Speech offensive to conventional standards of decency. As defined by the Supreme Court, the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value. The right to march, picket, and protest as a group to make a statement. Reasonable limits upon the freedom of assembly in cases where gathering may disrupt public order, traffic flow, peace and quiet, or bystanders’ freedom to go about their business without interference. The right to meet with people who share a common interest, including an intense interest in political change. The freedom to ask one’s government to correct or repair an injustice without fear of punishment. The situation when evidence provides reasonable grounds to believe that a crime has been committed or is about to occur. The obtaining of evidence without probable cause (4th Amendment). Written authorization from a court to search for specific evidence in a specific area. A rule developed by the Supreme Court that evidence cannot be introduced in a trial if it was obtained in an illegal search, i.e. unreasonable search and seizure. The act of saying something in the presence of police or a court room that might provide evidence of one’s guilt (5th Amendment). Rights of the accused of which police must make persons aware upon arrest, according to the decision in Miranda v. Arizona. The legal doctrine that if a person is tried for a crime and found not guilty, prosecutors cannot try that person again for the same crime. The right to an attorney in criminal cases under the 6th Amendment. Forms of punishment that would be considered inappropriate, cruel, or unusual under the 8th Amendment. Any crime for which death is a possible penalty. A serious crime that is usually punishable by more than one year in prison. War on Terror USA Patriot Act right to privacy 13th Amendment 14th Amendment equal protection clause Jim Crow laws “separate but equal” Civil Rights Act of 1964 15th Amendment poll tax literacy test grandfather clause white primaries Heart of Atlanta Motel Inc. v. United States (1964) th 24 Amendment Voting Rights Act of 1965 de jure segregation de facto segregation Thurgood Marshall The term used by the Bush administration to describe its domestic and foreign policies undertaken in the name of fighting terrorism after 9/11. A federal passed after 9/11 that gave the government expanded powers to use wiretapping and electronic surveillance, impose stricter penalties for harboring or financing terrorists, monitor the bank accounts and e-mail of suspect individuals and organizations, turn away from our borders anyone who endorses terrorism, and detain any noncitizens living in the U.S. whom the attorney general deems to be a threat to national security. The freedom to be left alone in our private lives and to make decisions about our personal lives free from government intrusion. The constitutional amendment ratified after the Civil War that abolished slavery and involuntary servitude. The constitutional amendment adopted after the Civil War that states, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive Part of the 14th Amendment emphasizing that the laws must provide equivalent “protection” to all people. The system of legalized racial segregation and white privilege that existed in the southern states from the 1870s until the middle of the twentieth century. The legal justification for state-sponsored Jim Crow segregation in the South articulated in Plessy v. Ferguson (1896). The law that banned racial discrimination against any group in hotels, motels, and restaurants and forbade many forms of job discrimination. The constitutional amendment adopted in 1870 that extends suffrage to African Americans (men). A tax to be paid as a condition of voting used to exclude African Americans from voting lists in many Southern states during the Jim Crow period. Banned by 24 th Amendment. A test administered as a condition of voting in many southern states to prevent African Americans from voting. Banned by the passage of the Civil Rights Act of 1965. A device that allowed whites who had failed the literacy test to vote anyway by extending the franchise to anyone whose ancestors had voted prior to 1867. Primary elections open only to whites in many Southern states during the Jim Crow period. The Supreme Court declared them unconstitutional in 1944. A S.C. that upheld the Civil Rights Act of 1964. Ruled that Congress has authority under the Interstate Commerce clause to ban racial discrimination in public places. The constitutional amendment passed in 1964 that banned poll taxes in federal elections. A law designed to help end formal and informal barriers to African-American suffrage. segregation that is imposed by law Segregation that exists in fact although not required by law, such as in schools or housing patterns The first African American to serve on the Supreme Court of the United States. Before becoming a judge, he was a lawyer known for his high success rate in arguing before the Supreme Court and for the victory in Brown v. Board of Education. 19th amendment The constitutional amendment adopted in 1920 that guarantees women the right to vote. Equal Rights Amendment (E.R.A.) comparable worth A proposed constitutional amendment stating that “equality of rights under the law shall not be denied or abridged by the U.S. or any state on account of sex.” Passed by Congress in 1972 but failed to win ratification from ¾ of the state legislatures. The issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill. A labor law allowing an employee to take job-protected unpaid leave for up to 12 weeks a year due to a serious health condition that makes the employee unable to perform his or her job, to care for a sick family member, or to care for a new child. Family and Medical Leave Act of 1993 Americans with Disabilities Act of 1990 homophobia LGBT civil union religious right affirmative action ”reverse discrimination” The law requiring employers and public facilities to make “reasonable accommodations” for people with disabilities and prohibits discrimination against these individuals in employment. Fear of, hatred of, or discrimination against homosexuals lesbian, gay, bisexual and transgender (LGBT) people A legally recognized union similar to marriage that provide same-sex couples with rights, benefits, and responsibilities similar to opposite-sex civil marriage. A range of right-wing Christian political and social movements and organizations characterized by their strong support of conservative social and political values. Programs of private and public institutions favoring minorities and women in hiring and in admissions to colleges and universities in an attempt to compensate for past discrimination. A term used critically by opponents of affirmative action to describe efforts to equalize access in hiring and university admissions. Amendments to Know 1st 4th 5th 6th 8th 10th 13th 14th 15th 16th 17th 19th 24th 25th 26th