democracy
a system of self-government by the people; rule by the many
oligarchy
rule by the few, where a minority group holds power over a majority, as in an aristocracy clerical establishment
monarchy
rule by the one, where power rests in an individual leader, such as a dictator or heredity monarch
direct democracy
a form of political decision making in which the public business is decided by all citizens meeting in small assemblies
representative democracy
indirect democracy, in which the people rule through elected representatives
popular sovereignty
the basic principle of democracy that the people ultimately rule
political equality
the principle that says that each person carries equal weight in the conduct of the public business
political liberty
the principle that citizens in a democracy are protected from government interference in the exercise of a range of basic freedoms, such as the freedoms speech, association, and conscience
social contract
the idea that government is the result of an agreement among people to form one, and that people have the right to create an entirely new government if the terms of the contract have been violated by the existing one
liberal democracy
representative democracy characterized by popular sovereignty, liberty, and political equality
majority tyranny
suppression of the rights and liberties of a minority by the majority
social contract
a philosophical device, used by Enlightenment thinkers, such as Locke, Rousseau, and Harrington, to suggest that governments are only legitimate if they are created by a voluntary compact among the people
confederation
a loose association of states or territorial units formed for a common purpose
republicanism in 18th century
a political doctrine advocating limited government based on popular consent, protected against majority tyranny; not associated with the modern Republican Party
tyranny
a government that systematically violates the rights of individuals
stay acts
enactments postponing the collection of taxes or mortgage payments
Virginia Plan
proposal by the large states at the constitutional convention to create a strong central government with power in the government apportioned to the states on the basis of population
New Jersey Plan
proposal of the smaller states at the constitutional convention to create a government based on the equal representation of the states in a unicameral legislature
federal
describing a system in which significant governmental powers are divided between a central government and smaller territorial units, such as states
supremacy clause
the provision in article VI that states that the Constitution and the laws and treaties of the US are the supreme law of the land, taking precedence over state laws and constitutions
elastic clause
article 1, section 8, of the constitution, also called the necessary and proper clause; gives congress the authority to make whatever laws are necessary and proper to carry out its enumerated responsibilities
Bill of Rights
the first 10 amendments to the US constitution, concerned with the protection of basic liberties
free enterprise
same as capitalism; and economic system characterized by competitive markets and private ownership
federalists
proponents of the constitution during the ratification fight; also the political party of Hamilton, Adams, and Washington
anti-federalists
opponents of the constitution during the fight over ratification
judicial review
the power of the supreme court to declare actions of the other branches and levels of government unconstitutional
federalism
a system in which significant governmental powers are divided between a central government and smaller units, such as states
confederation
a loose association of states or territorial divisions in which very little power is lodged in the central government
unitary system
a system in which a central government has complete power over its constituent units or states
the 10th amendment
says that those powers not given to the federal government and not prohibited for the states by the constitution are reserved for the states and the people
horizontal federalism
term used to refer to relationship among the states
nationalist position
the view of American federalism that holds that the constitution created a system in which the national government is supreme, relative to the states, and that granted to it a broad range of powers and responsibilities
states rights position
the view of American federalism that holds that the Constitution created a system of dual sovereignty in which the national government and the state governments are sovereign in their own spheres
dual federalism
an interpretation of federalism in which the states and the national government have separate jurisdictions and responsibilities
due process clause
the section of the 14th amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law" a guarantee against arbitrary or unfair government action
cooperative federalism
federalism in which the powers and responsibilities of the states and the national government are intertwined and in which they work together to solve common problems 1960s and 1970s
fiscal federalism
that aspect of federalism having to do with federal grants to the states
categorical grants
federal aid to states and localities clearly specifying what the money can be used for
block grants
federal grants to the states to be used for general activities
conditions
provisions in federal assistance requiring that state and local governments follow certain policies in order to obtain federal funds
mandate
a formal order from the national government that the states carry out certain policies
civil liberties
freedoms found primarily in the bill of rights that are protected from government interference
habeas corpus
the legal doctrine that a person who is arrested must have a timely hearing before a judge
bill of attainder
a governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial
ex post facto law
a law that retroactively declares some action illegal
economic liberty
the right to own and use property free from excessive government interference
full faith and credit
the provision in article IV, section 1, of the constitution that provides that states must respect the public acts, laws, and judicial rulings of other states.
due process clause
the section of the 14th amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law" a guarantee against arbitrary or unfair government action
nationalizing
the process by which provisions of the Bill of rights become incorporated
ordinary scrutiny
the assumption that the actions of elected bodies and officials are legal under the constitution
prior restraint
the governments power to prevent publication, as opposed to punishment afterward
free exercise clause
the portion of the first amendment to the constitution that prohibits congress from impeding religious observance or impinging upon religious beliefs
exclusionary rule
a standard promulgated by the supreme court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search
civil rights
guarantees of equal treatment by government officials regarding political rights, the judicial system, and political programs
privileges and immunities clause
the portion of article IV, section 2, of the constitution that states that citizens from out of state have the same legal rights as local citizens in any state
due process clause
the section of the 14th amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law" a guarantee against arbitrary or unfair government action
equal protection clause
the section of the 14th amendment requiring states to provide equal treatment to all people within its boundaries
Jim Crow
popular term for the system of legal racial segregation that existed in the american south until the middle of the 20th century
poll tax
a tax to be paid as a condition of voting; used in the south to keep African Americans away from the polls
grandfather clause
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
strict scrutiny
the assumption that actions by elected bodies or officials violate the constitution
suspect classification
the invidious, arbitrary, or irrational designation of a group for special treatment by government
de jure discrimination
unequal treatment based on government laws and regulations
de facto discrimination
unequal treatment by private individuals,groups, and organizations
affirmative action
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
civil union
a status in which same-sex couples have the same legal rights, benefits, and protections as married couples