An economic system based on private ownership of property and free economic competition among individuals and businesses
capitalism
A set of ideas concerning the proper political and economic system under which people should live
ideology
The process of peacefully reconciling social and economic differences
politics
The political and administrative organization of a state, nation, or locality
government
The belief in limiting governmental power through a written charter
Constitutionalism
17th Century English philosopher who wrote about the basis of sovereignty residing in a social contract
Thomas Hobbes
Something of value that, by its nature, can be made available to everyone or no one at all
collective good
A government that helps provide the goods, services, and conditions for a prosperous, equitable society
positive state
A government that restricts its activities to providing only the goods that the free market cannot produce
minimalist state
A system of government based on majority rule, protection of minority rights, individual rights, and the equality of all citizens before the law
democracy
The belief in limiting governmental power with a written charter
Constitutionalism
What are the four precepts of democracy?
- Majority Rule
- Full protection of minority rights
- protection of individual rights
- equality regardless of race, creed, gender, etc.
What does the Preamble to the Constitution say about the purpose of government?
- Establish justice, ensure domestic tranquility, and secure the blessings of liberty
- provide for the common defense
- promote the general welfare
In the early days of the American Republic,
people expected little from the national government.
Even in the early days of the American Republic, people were making great demands on the national government. (TRUE OR FALSE)
False
Economic liberty is considered an absolute right in the American System (TRUE OR FALSE)
False
The Civil War illustrates the importance of politics as a means to resolve differences without violence (TRUE OR FALSE)
True
In order for a democracy to function effectively, the people and their leaders must be willing to accept______?
compromise
_________ _________ are available for the benefit of all citizens, whether they paid taxes for them or not.
Collective Goods
An economic system based upon private ownership of property and free economic competition is called _________?
capitalism
The best known and most straight-forward definition of politics is the study of "who gets ________, __________, and ________."
what, when, how
In order for a democracy to work, what needs to happen?
The people and their leaders must be willing to accept compromise.
Which of the following statements about democratic values and goals is false?
- Minority rights limit the kinds of laws a majority can pass
-Efforts to achieve equality may involve restraints on individual liberty
-Different political systems balance the four democratic values differently
-Equality before the law guarantees everyone the same influence in public affairs
Equality before the law guarantees everyone the same influence in public affairs
Each of the following is a precept to democracy except ________?
-majority rule
-economic equality
-full protection of minority rights
-protection of individual rights
Economic equality
Government enterprises such as dam construction, wilderness protection, and providing for the needy are examples of ______?
collective goods
Who said that without government, life would be "solitary, poor, nasty, brutish, and short"?
Thomas Hobbes
Which of the following statements about politics and ideas is true?
-Ideology is about political ideas and does not include ideas about the economy
-Ideological differences among people spark political controversies
-Ideological debates are about foreign relations only
-Money usually represents a source of compromise in ideological differences between people
Ideological differences among people spark political controversies
Which of the following statements about politics and economics is false?
-The national government spends over $1 trillion per year
-When economic self interest is at stake, most people press for programs that serve them.
-Until the Presidency of FDR, America practiced a form of pure capitalism
-Historically, economic and political power in the US have been divided
America has NEVER practiced a pure form of capitalism
Aristotle called politics the "master science" because of what?
it provides a means for people to strive for collective survival and advancement.
The document that set the colonies free from English rule in their eyes and listed their grievances against King George III
Declaration of Independence
The first plan of a national government for the thirteen American states, replaced by the Constitution, where the states retained most of the political power
Articles of Confederation
English philosopher whose ideas about political legitimacy influenced American founders
John Locke
A form of government where there are many loosely formed "states" or "territories" and no powerful national government
Confederation
A revolt by farmers from Mass. in 1786-1787 over the lack of economic relief that led many to believe that a stronger central government was necessary
Shay's Rebellion
The meeting of delegates from five states in Annapolis, Maryland in 1786 to consider a common policy for trade among the American states that resulted in a recommendation for a constitutional convention the following year
Annapolis Convention
The major statute enacted in 1787 that provided for the development and government of the lands west of Pennsylvania
Northwest Ordinance
The first plan of union proposed at the Constitutional Convention in 1787 that called for a strong central government
Virginia Plan
Introduced at the Constitutional Convention in opposition to the Virginia plan and emphasized the dominance of the states
New Jersey Plan
The agreement at the Constitutional Convention in 1787 to accept representation by population in the House and by the states in the Senate.
Great Compromise
A temporary resolution to the controversy over slaves being counted towards population for representation
Three-fifths Compromise
A person who advocated the ratification of the Constitution in 1787 and 1788 and generally favored a strong central government. Also the name of the dominant political party during the presidencies of George Washington and John Adams
Federalist
A person who opposed the ratification of the constitution in 1787 and 1788 and opposed policies associated with a strong central government such as a national bank.
Antifederalist
A series of 85 essays written by Alexander Hamilton, John Jay, and James Madison and published in New York newspapers in 1787 urging ratification of the Constitution.
The Federalist
Amendments to the Constitution that protect the citizens' rights. Added to the Constitution to appease Antifederalists.
Bill of Rights
A government in which people elect representatives to make decisions in their place
republican government
The system of separate institutions sharing some powers that the Constitution mandates for the national governments, its purpose being to keep power divided among the three branches: legislative, executive, and judicial
Checks and Balances
The vertical division of national and state governments
federalism
Allowed avoidance of a direct election of the President (too much democracy), election by Congress (would make the executive subservient to legislature), and election by state legislatures (would make the executive a puppet of state governments)
Electoral College
The ability of the Constitution to change with the times and be interpreted in many ways
Adaptability
The word to describe the shortage of detail and vagueness of the Constitution
brevity
The source of the "implied powers" of the national government as explained in McCulloch v. Maryland
Elastic Clause
Chief Justice of the Supreme Court, appointed by John Adams. He ruled in the case of Marbury v. Madison that the Supreme Court has the power of Judicial Review
John Marshall
One of John Adam's "midnight appointments" that fell through after Thomas Jefferson took over the presidency. He was the plantiff in the landmark 1803 case that established judicial review.
William Marbury
Order by a court to a public official to perform a nondiscretionary or ministerial act
writ of mandamus
Landmark decision by the Supreme Court in 1803 establishing the Supreme Court's power of judicial review
Marbury v. Madison
Authority of a court over cases that begin in the court
Original Jurisdiction
Includes cases a court receives from lower courts
Appellate Jurisdiction
The authority of the court to set aside a legislative act as being in violation of the Constitution
Judicial Review
A challenge to national supremacy, these state documents declared states to be the final authority on the meaning of the Constitution.
Kentucky and Virginia Resolutions
The belief in limiting governmental power by a written charter is called _____?
Constitutionalism
The Declaration of Independence contains a strong belief that government is the creation and servant of the _______?
People
Under the Articles of Confederation, the ________ retained most political power.
States
The __________ solved the problem of how to count slaves for purposes of congressional representation
Three-fifths Compromise
Supporters of the Constitution were called ______?
Federalists
Direct election of the president by the people, Congress, or state legislatures was avoided by the creation of the ________ __________.
Electoral College
The __________ authorizes Congress to pass laws allowing it to carry into execution its expressed powers.
Necessary and Proper Clause (Elastic Clause)
John Marshall could not help William Marbury get his judicial appointment because the writ of mandamus he requested was not part of the Court's _________ _________.
Original Jurisdiction
The British Constitution can be changed by an act of Parliament (TRUE OR FALSE)
TRUE
Virtual unanimity existed in the colonies in favor of declaring independence in 1776 (TRUE OR FALSE)
FALSE
The Articles of Confederation provided for no separate executive and no national courts (TRUE OR FALSE)
TRUE
One of the few successes of Congress under the Articles was the Northwest Ordinance (TRUE OR FALSE)
TRUE
Under the original Constitution, a majority of Americans were denied representation and participation (TRUE OR FALSE)
TRUE
As written, the Constitution facilitates the creation of political parties and interest groups, called factions (TRUE OR FALSE)
True
The Constitution of the United States is longer than most state constitutions (True or False)
False
All of the following are constitutional functions except ______.
-providing an outline for the organization of government
-establishing a formal economic system for the nation
-granting power to governmental institutions
-serving as a symbol of the nation
Establishing a formal economic system for the nation
Prior to the American Revolution, British leaders in London __________.
attempted to bring the colonies under more direct control.
What are the major themes of the Declaration of Independence?
-Humankind shares an equality
-The rights that all people intrinsically posses constitute a higher law binding government
-Governments are bound by their laws
What was a main provision of the Articles of Confederation?
It guaranteed equal representation for the states.
One of the major deficiencies of the Articles was __________.
the absence of sufficient power in the central government.
The 1786 Annapolis Convention was originally promoted as a means of _________.
improving commercial relations among the states.
One of the few successes of the Articles was ________.
Northwest Ordinance
The framers of the Constitution _________.
were among the most talented and intellectual people of the day.
In order for the new Constitution to go into effect entirely, it had to be approved by ________.
Popularly elected conventions in nine states.
Why did the Antifederalists oppose the Constitution?
-It was conceived in an illegal way
-It seemed designed to promote a commercial empire
-It failed to include a bill of rights
The constitutional arrangement where power is divided and shared horizontally is called ________.
Checks and Balances
The Constitution requires that amendments be __________?
approved by three-fourths of the states.
In Marbury v. Madison, Chief Justice John Marshall ruled what?
A writ of mandamus was an improper constitutional remedy.
What was the significance of Marbury v. Madison?
The Court claimed authority to decide what the Constitution means.
The Kentucky and Virginia Resolutions of 1798 ____________.
claimed for the states the final authority to interpret the Constitution.
Judicial review ________.
was favorably argued in the Federalist Papers.
How many states have to ratify an amendment to the Constitution before it becomes law?
3/4
This "spells out what is valued and what is not, what must be maintained, and what must be changed."
Political Ideologies
An organization that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture
Think Tank
An ideology that regards the individual as a rational being capable of overcoming obstacles to a better world and supports changes in the political and economic status quo
Liberalism
English philosopher who was the basis of classic liberalism, and believed in the natural goodness of human beings. Developed the Contract Theory
John Locke
Theory holding that the state gains its legitimacy from the consent of the governed and is formed primarily to protect the rights of individuals to life, liberty, and property.
Contract Theory of the State
A view, dating from the nineteenth century, that government should play a minimal role in society and should permit maximum economic freedom for the individual.
Classic Liberalism
Called for further democratization of government through a secret ballot, direct election of Senators, and voter initiatives and referenda. Formed in the 1880s
Populism
An urban reform movement of the late nineteenth and early twentieth centuries that called for direct primaries, restrictions on corporations, and improved public services. It was influential in the administrations of Teddy Roosevelt and Woodrow Wilson.
Progressivism
A plan put into effect by FDR that expanded the "Welfare State." It included unemployment benefits, pensions, and guaranteed prices for farmers.
New Deal
Under Lyndon B. Johnson, this era saw the coming of civil rights laws, Medicare and Medicaid, and funds for impoverished public schools.
Great Society
Proposals for partnership in economic decision-making among government officials, labor unions, and public interest groups
Industrial policy
The best known pressure group for contemporary liberalism. Founded in 1947
Americans for Democratic Action
The leader of the "neoliberal" movement. He was the editor of the Washington Monthly.
Charles Peters
A pragmatic form of liberalism that emphasizes such beliefs as the promotion of wealth rather than its redistribution and the reform of military practices rather than the simple reduction of military spending.
Neoliberalism
A defense of the political and economic status quo against the forces of change, holding that established customs, laws, and traditions should guide society
Conservatism
He is the basis for the conservative belief system. He wrote "Reflections on the Revolution in France."
Edmund Burke
The second president of the US who was America's voice for conservatism. He distrusted unchecked democratic rule.
John Adams
French for "leave things alone." The view that government should not interfere in the workings of the economy. Free market economics.
Laissez Faire Economics
An English social scientist who, along with William Graham Sumner, helped develop the theory of economic individualism called Social Darwinism.
Herbert Spencer
An American sociologist who, along with Herbert Spencer, helped develop the theory of economic individualism called Social Darwinism
William Graham Sumner
A set of ideas applying Charles Darwin's theory of biological evolution to society and holding that social relationships occur within a struggle for survival in which only the fittest survive
Social Darwinism
Conservatism in the early 21st Century popularized by President George W. Bush. They believe in big government, but unlike liberals they use it to restore older American values and social systems.
Millennial Conservatism
A belief associated with many former liberal intellectuals that contemporary liberalism has transformed the modest New Deal welfare state into an intrusive paternalistic state
neoconservatism
Called for public ownership of basic industries, banks, agricultural enterprises, and communications systems; wage and price controls; redistribution of wealth to achieve true economic equality; expanded welfare programs
Democratic Socialism
An American union leader, one of the founding members of the Industrial Workers of the World (IWW or the Wobblies), and several times the candidate of the Socialist Party of America for President of the United States
Eugene V. Debs
A democratic socialist and social-democratic organization in the United States and the U.S. affiliate of the Socialist International
Democratic Socialists of America
Called for minimal government, protection of property rights and freedom of individuals, no governmental regulation of the economy, non-interventionist foreign policies, and drastic reduction in defense spending.
Libertarianism
Classic Liberals believed that the government that governed _________ governed ________.
Least;best
Progressives supported government programs to ease the problems of __________.
industrialization
___________ direct their attention not to the expansion of government services but to their effective delivery.
neoliberals
As America industrialized, conservatives embraced ________ economics, an economic system free of government control.
Laissez Faire
Contemporary conservatism remains at its core a defense of economic individualism against the growth of the _________ _________.
welfare state
_________ argue that a properly constructed welfare state strengthens citizens' loyalty to the capitalist system.
Neoconservatives
Democratic socialists believe that a genuinely democratic society must produce equality of __________.
Economics
Libertarianism holds that the essential role of government should be only the protection of ____________.
Property rights and the freedom of individuals.
Both Liberals and Conservatives accept most of the economic reforms of the New Deal. (TRUE OR FALSE)
False (Conservatives were wildly against the New Deal.)
Populists and progressives advocated economic reforms that would strengthen the government's role. (True or False)
True
Contemporary liberals believe that a strong central government is necessary to reduce economic inequalities and enhance personal morality (True or False)
True
Neoliberals have repudiated the New Deal and the Great Society legacies while emphasizing the promotion of wealth. (True or False)
False, Neoliberals do not repudiate the New Deal or the Great Society.
Edmund Burke believed that inequality among men meant that a ruling class of ability and property must control government. (True or False)
True
Early American conservatives believed that only men who owned property should be allowed to vote. (True or False)
True
Contemporary Conservatism remains essentially an ideology of the wealthy upper class. (True or False)
False. (secretly true)
Libertarians would support the repeal of laws forbidding prostitution, pornography, and gambling. (True or False)
True.
What what is political ideology concerned?
-proper functions of government
-issues of liberty and equality
-distribution of goods and services
Radical ideologies such as democratic socialism and libertarianism _______.
challenge much of the existing social and political order.
According to John Locke's contract theory of the state, which of the following is true?
-All men and women are allowed a voice in government
-The state gains legitimacy from the consent of the governed
-A ruling class of ability and property must control the government
-The experience of past generations is the most reliable guide to good government
The state gains legitimacy from the consent of the governed.
Classic liberals such as Thomas Jefferson and Andrew Jackson believed __________.
that liberty was the absence of government interference with the rights of citizens
Which of the following classic liberal beliefs did populism and progressivism oppose?
-A ruling class of ability and property should run government
-The railroads, telegraph, and basic industries should be nationalized
-The role of government should be limited
-Government should be further democratized by extending the franchise
The role of government should be limited
New Deal contemporary liberalism ________.
is based on the belief that the government should provide basic material guarantees for every individual.
In the areas of national security and personal morality, liberals __________.
are likely to oppose military intervention as the main approach to foreign policy.
Neoliberals __________.
favor policies that call for greater government and business cooperation.
What did Edmund Burke believe?
Society grew slowly and with purpose.
Which of the following is true of John Adams?
-He agreed with Burke's association of property rights with a landed aristocracy
-He supported Jefferson's notion of the natural goodness of humankind.
-He believed that laws and government are needed to promote public virtue, and curb private greed
-He called for universal manhood suffrage
He believed that laws and government are needed to promote public virtue and curb private greed.
According to William Graham Sumner, with what two chief things does government have to deal?
the property of men and the honor of women.
Which of the following statements about contemporary conservatives is false?
-They defend economic individualism against the growth of the welfare state.
-They believe that the state must promote virtue and social responsibility.
-They challenge the idea of quotas and other affirmative action policies.
-They oppose the use of the popular referendum and other means of direct democracy
They oppose the use of popular referendum and other means of direct democracy.
Neoconservatives ___________.
stress policies that lower taxes on large incomes.
Democratic Socialists believe in ___________.
-a limit on individual wealth and property
-equality of results
-extensive governmental regulation of the economy
What do contemporary American Socialists favor?
public ownership characterized by government owned and controlled businesses and factories
To what can the intellectual roots of libertarianism be traced?
classic liberalism
A system of government in which both the national and state governments share power within the same political system
Federalism
A loose association of states in which dominant political power lies with the member states and not with the central government.
confederation
A system of government in which principal power lies at the level of a national or central government rather than at the level of some smaller unit (a state or province) within the political system.
unitary system
Institution established by Congress for electing the president and vice president.
Electoral College
Legal authority that the people in the states granted to the national government for certain purposes by ratifying the Constitution. They are either expressed or implied.
Delegated Powers
Powers specifically enumerated in the Constitution as belonging to the national government.
Express Powers
Powers of national government that are not specifically cited in the Constitution.
Implied Powers
A formal agreement between states designed to solve a problem facing more than one state when such an agreement is necessary because political problems are not limited by geographic boundaries
interstate compact
Supreme Court case in 1819 that established the constitutionality of a national bank and solidified national power by confirming that the federal government can exercise implied powers to carry out legitimate and otherwise constitutional ends
McCulloch v. Maryland
Powers not specifically prohibited to the states and are not given to the national government by the Constitution.
Reserved Powers
Amendment ratified in 1791 that reserves to the states powers not prohibited to them and not delegated to the national government by the Constitution.
Tenth Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
First Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed
Second Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law
Third Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Fourth Amendment
No person shall be subject to self incrimination, and has the right to refuse to testify against theirself.
Fifth Amendment
The right to a speedy and public trial. The right to counsel, and the right to witnesses
Sixth Amendment
The right to a trial by a jury of your peers.
Seventh Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Eighth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
Ninth Amendment
A legal status in which local governments, especially large cities, can determine for themselves within broad parameters their own powers and functions without interference from the state government
home rule
A form of government at the local level that mirrors the executive-legislative structure at the national level.
Mayor-council form
A form of government at the local level where an elected group exercises legislative powers and hires someone to perform executive and administrative duties.
council-manager form
A form of government at the local level where power is diffused between many executives in charge of many different departments.
Commission
A model of federalism in which national and state governments are separate and independent from each other, with each level exercising its own powers in its own jurisdiction
dual federalism
A model of federalism that features intertwining relationships and shared areas of responsibility between the national and state and local governments
cooperative (or marble cake) federalism
Acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. Included in the Fifth and Fourteenth amendments
Due Process Clause
Provides that no state shall deny to any person within its jurisdiction the equal protection of the laws. Fourteenth amendment.
Equal Protection Clause
Amendment to the Constitution, ratified in 1913, that gave Congress the power to tax incomes and thereby massively increase the potential revenue available to the national government
Sixteenth Amendment
Transfers of cash from the national to state and/or local governments for some specific purpose, usually with the accompanying requirement that state and local governments match the national money with some funds of their own.
categorical grant-in-aid
Transfers of cash from the national to state and /or local governments in which state and local officials are allowed discretion in spending the money within some broad policy area, such as community development or social services.
Block Grant
A view of federalism that posits an expanded role for state and local governments and holds that state and local governments should be entrusted with greater responsibilities.
New Federalism
Federalism is the product and symbol of the continuing ideological struggle between the values of ___________ and ___________.
unity and diversity
The 50 American states are themselves _________ governments because the principal power within each state lies with the state government.
unitary
__________ powers are specifically enumerated in the Constitution as belonging to Congress.
Express
The Supreme Court case of __________ v. ___________ interpreted the elastic clause as allowing expansive power to the national government.
McCulloch v. Maryland
The power to administer public education is an example of a _____________ power.
Reserved
A model of federalism that views national and state governments as separate and independent of each other
dual federalism
The single most important characteristic of contemporary federalism has become cooperative _____________ ______________.
fiscal relationships
The most predominant form of national aid to the states takes the form of ___________.
categorical grant-in-aid
The federal system is a compromise between an overly strong central government and a league of states. (true or false)
True
A major fault of the Articles was the absence of a central foreign and military policy. (True or False)
True
States act in some measure as administrative units to carry out national social welfare programs. (True or False)
True
McCulloch v. Maryland established the right of the states to determine what is necessary and proper to carry out public policies. (True or False)
False
Among the powers reserved for the states is the responsibility for preventing and prosecuting criminal activities. (True or False)
True
Studies have shown that citizen interest in the affairs of local government is almost nonexistent. (True or False)
False
Through a process of cooperative agreements, the states have the power to regulate interstate commerce. (True or False)
False
The government in France is a _________.
unitary system
In creating a federal system, what was the most important consideration of the framers of the Constitution in the move to a national government?
-economic policy
-foreign policy
-military policy
What does the Quebec province in Canada illustrate?
political conflict in a federal system.
The states play a crucial role in all of the following except __________.
regulating interstate commerce
The number of electoral votes for each state is equal to the number of ____________.
its members in the House and Senate combined.
The rights of the reserved powers are guaranteed in the ____________.
Tenth Amendment
According to the text, what is the most visible and pervasive role of the state?
education
Home Rule ___________.
gave local governments the power, within limits, to determine their own powers and functions.
When local law enforcement authorities call on the FBI to help them solve a crime, the kind of federalism illustrated is _________.
marble cake federalism
The ability of the national government to forbid sponsored prayers in public schools stems from the Supreme Court's interpretation of the ___________.
due process clause
Political conflicts between national and state and local governments derive from ______.
-scarce resources
-the search for the balance between state and national power
-the social and economic differences between the states
Legally enforceable freedoms to act or not to act and to be free from unwarranted official intrusion into one's life.
Civil liberties
Ratified in 1868, the amendment altered the nature of the Union by placing significant restraints on state governments.
Fourteenth Amendment
To absorb; the Supreme court did this to the Bill of Rights with the Fourteenth amendment.
Incorporation
The part of the Bill of Rights containing protections for political and religious expression.
First Amendment
Guideline devised by the Supreme Court in Schenck v. United States to determine when speech could be suppressed under the first amendment.
Clear and present danger test
Passed in 1798, this made it a crime to publish "false, scandalous, and malicious" statements about government officials. Expired in 1801
Sedition Act
A test which permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity.
Bad tendency test
The Court's current test for First Amendment restrictions that asks whether a speech or act attempts to or is likely to incite lawless action
Incitement test
Official Censorship before something is said or published, or censorship that halts publication already underway; usually judged unconstitutional today under the First Amendment.
prior restraint
A United States federal statute enacted June 29, 1940, that set criminal penalties for advocating the overthrow of the U.S. government and required all non-citizen adult residents to register with the government.
Smith Act
As applied by the Supreme Court in the case of Miller v. California, some pornographic portrayals of sexual acts not protected by the First Amendment.
obscenity
Defamation of a person's character or reputation, not protected by the First Amendment
Libel
A speech or act that centers on action or performance to communicate a point rather than on words
symbolic speech
Provision of the 1st Amendment guaranteeing religious freedom.
free exercise clause
Provision of the 1st Amendment that bars government support of religion
establishment clause
A standard announced in Lemon v. Kurtzman to determine when a statute violates the establishment clause (the law must have a secular purpose and a neutral effect and must avoid excessive entanglement between church and state.
Lemon test
A landmark United States Supreme Court case that ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools
Engel v. Vitale
The concept that a defendant's factual guilt be established in accordance with the laws and the Constitution before criminal penalties can be applied.
legal guilt
The framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal (a judgment of not guilty) or by the imposition of a term of punishment pursuant to a conviction for the crime
Criminal Procedure
A concept in criminal procedure that places the burden of proving guilt in the government.
Presumption of innocence
Laws that make an act a crime after it was committed or increase the punishment for a crime already committed; Prohibited by the Constitution
Ex Post Facto laws
A law that punishes an individual and bypasses the procedural safeguards of the legal process; Prohibited by the constitution.
bill of attainder
Amendment that prohibits unreasonable searches and seizures of persons and property.
Fourth Amendment
Official authorization for government action.
Warrant
A standard used in determining when police can conduct arrests and searches.
Probable Cause
Criminal intent
mens rea
Rule developed in the case Mapp v. Ohio that prevents the state from bringing evidence against a defendant when that evidence was obtained illegally.
exclusionary rule
Denies the government authority to coerce confessions from suspects or to require suspects to testify at their own trials
Fifth Amendment
Requirements announced in Miranda v. Arizona to protect a suspect during a police interrogation.
Miranda rights
A deal with the prosecutor to obtain fewer or lesser charges or a lighter sentence.
plea bargain
Amendment assuring the right to counsel
Sixth Amendment
A criminal proceeding in which the defendant is on trial for his or her life.
capital case
Less serious criminal offense, usually punishable by not more than one year in jail.
Misdemeanor
A serious criminal offense, usually punishable by more than one year in prison.
Felony
Amendment that prohibits cruel and unusual punishment and is often at issue in death penalty cases.
Eight Amendment
Prohibited by the Eight amendment; at issue in capital cases.
Cruel and Unusual punishment
Lawyers who work for the government and defend people who cannot afford counsel. They often have heavy workloads which leads to many plea bargains.
Public Defenders
Amendment that cautions that the people possess rights not specified in the Constitution.
Ninth Amendment
Supreme Court case establishing a constitutional right to abortion.
Roe v. Wade
Supreme Court case establishing that states could impose certain restrictions on abortions performed in public facilities.
Webster v. Reproductive Health Services
Individual rights that encompass participation; citizens rights under the law to take part in society on an equal footing with others.
Civil Rights
A standard that calls for government to remove barriers of discrimination, such as segregation laws or racially exclusive hiring practices that have existed in the past.
equality of opportunity
A standard, beyond equality of opportunity, which requires policies, such as redistribution of income and other resources, that seek to reduce or eliminate the effects of past discrimination
equality of condition
A standard, beyond equality of condition, which requires policies such as affirmative action or comparable worth, that places some people on an equal footing with others.
equality of result
The first of the Civil War amendments, adopted in 1865, that banned slavery throughout the United States
Thirteenth Amendment
The Supreme Court case that established the "separate but equal" doctrine.
Plessy v. Ferguson
The standard announced by the Supreme Court in Plessy v. Ferguson in 1896 that allowed racially separate facilities on trains and other public services as long as the facilities were equal.
Separate but equal doctrine
Democratic party rules in the 1900s that only allowed white men to vote in primary elections
White Primaries
An organization founded to improve the social, economic, and political conditions of African Americans.
NAACP
A division of the NAACP that had the responsibility of pressing for the desegregation of public places in the courtrooms.
Legal Defense Fund
Landmark Supreme Court decision that overturned the separate but equal doctrine of Plessy v. Ferguson and began an end to racial segregation in public schools
Brown v. Board of Education of Topeka
Comprehensive legislation to end racial segregation in access to public accommodations and in employment in the public and private sectors.
Civil Rights Act of 1964
The first massive federal appropriation for local school systems. To keep the money, schools had to expedite their integration processes.
Elementary and Secondary Education Act of 1965
Programs or facilities that are racially segregated by private choice or private discrimination, not because of law or public policy
de facto segregation
Programs or facilities that are racially segregated because of law or public policy
de jure segregation
Positive steps taken by public or private institutions to overcome the remaining effects of racial or sexual bias. They attempt to achieve equality of result.
Affirmative Action
Supreme Court case that invalidated the use of a racial quota for medical school admissions at the Davis campus of the University of California, but said that race can still be taken into account.
Regents of the University of California v. Bakke
Major legislation designed to overcome racial barriers to voting, primarily in the southern states, which was extended again in 2006 for twenty-five years.
Voting Rights Act of 1965
Amendment ratified in 1920 that prohibits limitations on voting based on sex.
Nineteenth Amendment
Formed in 1966, this group sought equal rights for women.
National Organization for Women. (NOW)
A bill passed by Congress in 1963 that commanded "equal pay for equal work."
Equal Pay Act
An employment policy, designed to overcome the economic inequalities of sexual discrimination, that mandates persons holding jobs of equal responsibility and skill to be paid the same.
comparable worth
A law passed in 1986 that requires employers to verify the American citizenship or legal status of all job applicants and provides stiff penalties for employers who hire illegal aliens
Immigration Reform and Control Act of 1986
A law passed in 1990 that bans discrimination in employment and in places of public accommodation for disabled persons.
Americans with Disabilities Act
The purpose of protecting ___________ ____________ is to place certain practices beyond government's reach.
Civil Liberties/rights
The Fourteenth Amendment laid the groundwork to make the Bill of Rights applicable to the __________.
states
Of the possible restrictions on speech today, the Supreme Court is least likely to approve a _________ ________.
prior restraint
A sit-in is an example of ___________ speech.
symbolic
The _____________ clause keeps government from becoming the tool of one religious group over another.
establishment
The __________ __________ denies government the use of evidence gained as a result of violation of the suspect's rights
exclusionary rule
A deal with a prosecutor to obtain a lighter sentence in exchange for a guilty plea is called a __________ __________.
plea bargain
The landmark case that recognized abortion as part of the constitutionally protected right to privacy was _________ v. _____________.
Roe v. Wade
Affirmative Action programs are often aimed at achieving equality of ___________.
Result
"Unofficial" segregation is often called ___________ segregation.
de facto
_____________ _____________ in wage scales would mandate equal pay for jobs of equal value.
Comparable Worth
An unintended consequence of the Immigration Reform and Control Act has been discrimination against persons of __________ and __________ descent.
Latino and Asian
The language of the 14th amendment clearly states that the Bill of Rights is applicable to the states. (TRUE OR FALSE)
False
For the most part, the Supreme Court considers obscenity as unprotected speech. (True or False)
True
The Court has ruled that libel is specifically protected by the First Amendment. (True or False)
False
The establishment clause forbids the creation of an official state religion.
True
When action based on religious belief runs counter to criminal law, the latter prevails. (True or False)
True
A police officer must always present a warrant before any search is made. (True or False)
False
Indigent people have no constitutional right to have state-appointed counsel in civil cases. (True or False)
True
The Supreme Court has required the states to formulate uniform policies toward capital punishment. (True or False)
False
Roe v. Wade prohibited virtually all restrictions on a woman's right to have an abortion during her first trimester of pregnancy. (True or False)
True
Civil rights refers exclusively to one's specific constitutional rights. (True or False)
False
The separate but equal doctrine was struck down by the Supreme Court in Plessy v. Ferguson. (True or False)
False
Shortly after the Supreme Court case of Brown v. Board of Education of Topeka schools in the south were desegregated. (True or False)
False
Public opinion pols have shown overwhelming popular support for affirmative action programs. (True or False)
False
The Voting Rights Act of 1965 requires that any change in a locale's electoral system must be first cleared by the US attorney general or the US District Court for the District of Columbia. (True or False)
True
Very few American Indians still live in reservations. (True or False)
False
Much of what government and private citizens have done in recent decades has been driven by an intolerance of inequality. (True or False)
True
The Fourteenth Amendment _____________.
is directed to the state governments.
Which of the following statements does not reflect an important objective of free expression?
-It is necessary to the political process set up by the Constitution.
-It contributes to social and political stability.
-It allows the dominant wisdom of the day to be challenged.
-It aids self-development
It contributes to social and political stability
Regarding the issue of obscenity, the Supreme Court has __________.
regarded it as unprotected speech.
What is an example of symbolic speech?
a sit-in
Using the Lemon test, the Supreme Court has approved aid to sectarian schools in the form of ___________.
state tax credits for tuition
The Supreme Court has approved all of the following except ____________.
-paying a state legislature's chaplain out of public funds.
-letting the Amish take their children out of school after the eighth grade.
-the formation of a religious club at a public high school
-letting members of the American Indian Church ingest peyote as part of a religious ritual
Letting members of the American Indian Church ingest peyote as a part of a religious ritual.
Mens Rea refers to what?
criminal intent
The exclusionary rule ___________.
denies the government the use of evidence gained as a result of violation of the suspect's rights.
Miranda rights do not include the right to __________.
refuse a search if not presented with a warrant.
The right to counsel is guaranteed in all cases except ____________.
Civil cases
What does the Ninth Amendment do?
It suggests that people have certain rights that are not specifically stated in the Constitution.
What did Webster v. Reproductive Health Services do?
It made it clear that states could place restrictions on abortions.
"If life is like a marathon, the government may have to carry some runners to the finish line if they are to get there at all," reflects the idea of what?
equality of result
To get around the 15th Amendment, Southern legislatures often turned to discriminatory devices such as ____________.
-poll taxes
-the grandfather clause
-the white primary
Early attempts to undermine racial segregation took the form of __________.
lawsuits to challenge the constitutionality of discrimination.
Quick implementation of the Brown decision was hampered by ___________.
-opposition by federal judges in the South
-opposition by local school boards
-fear of hostile reaction by the local white community
According to the Supreme Court, when is segregation between school districts unconstitutional?
There is evidence that school boards have caused the segregation between districts.
The Voting Rights Act of 1965 has had the effect of ___________.
-creating federal review of changes in voting procedures in some states
-dramatically increasing African American voter registration in the South
-preventing efforts to dilute minority voting power in the South.
Sexual bias in employment and promotion practices was outlawed by ________.
Title VII of the 1964 Civil Rights Act
Comparable Worth ___________.
would mandate equal pay for jobs of equal value
Which of the following is untrue about Native Americans?
-They compose less than 1 percent of the population
-They suffer high rates of poverty and unemployment
-They live primarily in large urban areas
-They did not become American citizens until 1924
They live primarily in large urban areas.
The nation's fastest growing minority group consists of ____________.
Latinos
The Immigration Reform and Control Act of 1986 ____________.
extended legal resident status to illegal aliens who arrived before January 1, 1982
requires employers to verify the citizenship or legal status of all job applicants
resulted in discrimination against Latinos and Asians
What does the Americans with Disabilities Act of 1990 do?
It bans discrimination in employment and places of public accommodation.
What are the three components of Classic Liberalism?
Economic, Moral, and Political
Whose ideas were the basis for classic liberalism?
Adam Smith (Wealth of Nations, 1776)
What did Andrew Carnegie say about property rights?
Government should take wealth and property after an individual dies, and take no taxes.
What were John Locke's three liberties that became a part of classic liberalism?
Personal, civil, and social liberties.
What was included in John Locke's personal liberties?
-individual rights
-right to talk and think
-right to worship
-sanctuary (freedom from arbitrary arrest and seizure.)
What was included in John Locke's civil liberties?
-freedom of speech in public and in the press
-right to assemble
What was included in John Locke's Social liberties?
-positions in society cannot be inherited
-money and wealth not inherited
What was the economic component of classic liberalism?
Laissez faire economics; market competition is key to success.
The strategy suggested by New Federalism for limiting the tenure of politicians is called what?
term limits
What are the advantages of federalism?
-local cultures can be respected
-balance of power
-practical aspects of being a nation
-different ways to lobby
-laboratories of innovation
A politician who is less worried about his constituents' views and more interested in what he deems best is an example of what type of representation?
Trustee Model
Describe Burke's "organic theory of society"
The community is more important than the individual
Burke's idea that the most educated class should rule a society is known as?
Elitism
Which ideology favors more governmental intervention in the economy, modern liberals or modern conservatives?
Modern Liberals
What refers to the federal system in which the federal and state levels of government regularly influence and interact with one another?
marble cake or cooperative federalism
Name at least one of Thomas H. Green's positive freedoms.
-Right to live at an adequate level
-Right of assembly
-No monopolies or cartels
The Burkean idea that movement between classes should actually be discouraged is called what?
Low social mobility
The idea of increasing federal funding in one category only if the funding in another category is decreased is known as what?
Budget neutrality
Which constitutional amendment gives reserved powers to the states?
10th Amendment
Federal funding within general categories that are not subject to specific stipulations are what?
Block Grants
Which economic theory holds that the market should be unregulated, and that the strongest will survive?
Social Darwinism
Freedom of censorship is an example of what kind of Lockean idea?
Freedom of speech
The right to worship is an example of what kind of Lockean idea?
Personal liberty
What problems spurred Thomas H. Green to create modern liberalism?
-shrinking middle class
-Decreasing social mobility
-emergence of child labor
-company towns
-emergence of monopolies and cartels
Which contemporary ideology favors less governmental intervention in both the economy and matters of personal morals?
Libertarianism
A blueprint of government is contained within what type of document?