U.S. Government: Foundations and Origins

Foundations and Origins

• The 3/5ths Compromise determined that enslaved people would be counted as three-fifths of a person for purposes of representation and taxation, favoring Southern states.
• The Articles of Confederation served as the first government of the U.S. but had several weaknesses including a lack of a strong central authority, inability to tax, and no national currency.
• Authoritarianism is a form of government characterized by strong central power and limited political freedoms.
• Autocracy is a system of government in which one person possesses unlimited power.
• Bicameral refers to a legislature with two chambers or houses and the U.S. Congress is bicameral, consisting of the House of Representatives and the Senate.
• American democracy is characterized by principles such as popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.
• A Confederacy is a system of government where states retain sovereign power and delegate limited authority to a central government.
• The Constitution is the supreme law of the United States, establishing the framework for the federal government and defining the rights and liberties of the American people.
• The Constitutional Convention was held in 1787 to address the problems with the Articles of Confederation, ultimately resulting in the drafting of the U.S. Constitution.
• A constitutional government is a system of government in which the powers of the government are limited by a constitution.
• The Declaration of Independence, adopted on July 4, 1776, declared that the 13 American colonies were independent of Great Britain, espousing reasons for their separation.
• Democracy is a system of government in which power is vested in the people and exercised by them directly or through elected representatives.
• Divine right is the belief that a ruler's authority comes directly from God.
• Examples of representative democracy in America include elections for officials at the local, state, and federal levels.
• Federalists supported the ratification of the Constitution, advocating for a strong national government, while Anti-Federalists opposed ratification, fearing the power of the national government and advocating for states' rights.
• The Great Compromise, also known as the Connecticut Compromise, created a bicameral legislature with representation in the House based on population and equal representation in the Senate.
• Limited government is the principle that governmental power is restricted by law, usually in a written constitution.
• Magna Carta, signed in 1215 limited the power of the English monarch and established principles such as due process and the rule of law.
• Monarchy is a form of government in which a single person, typically a king or queen, rules by hereditary right.
• Natural rights are rights inherent to all human beings.
• "No taxation without representation" was a primary grievance of American colonists against British rule, protesting taxes imposed without colonial representation in Parliament.
• Oligarchy is a form of government in which a small group of people holds all the power.
• Origins and influences on American democracy stem from philosophers such as John Locke, who advocated for natural rights, and Montesquieu, who promoted the separation of powers.
• Principles of democracy include popular sovereignty, political equality, majority rule, and protection of minority rights.
• The Federalist Papers were a series of essays written by James Madison, Alexander Hamilton, and John Jay to advocate for the ratification of the Constitution by explaining its principles and addressing concerns.
• Ratification is the process of formally approving a treaty, agreement, or constitution, making it officially valid.
• Representative government is a system in which citizens elect representatives to make decisions on their behalf.
• A republic is a system of government in which the people hold sovereign power and elect representatives to exercise that power.
• The role of government is to provide order, protect individual rights, promote the general welfare, and defend the nation against enemies.
• Shay's Rebellion was an uprising of farmers in Massachusetts in 1786-1787, protesting high taxes and debt and highlighting the weaknesses of the Articles of Confederation.
• Social Contract Theory posits that individuals consent to surrender some freedoms to a government in exchange for protection of their remaining rights.
• Sovereignty is the supreme authority of a state to govern itself.
• Types of democracy include direct democracy, where citizens participate directly in decision-making, and representative democracy, where citizens elect representatives to make decisions on their behalf.
• Unicameral refers to a legislature with one chamber or house.
• A unitary system is a system of government in which all power is held by a central authority.
• The Virginia Plan proposed a strong national government with a bicameral legislature based on population, while the New Jersey Plan proposed a unicameral legislature with equal representation for each state.

The Constitution

• Amendments are changes or additions to the U.S. Constitution.
• Articles are the main divisions of the U.S. Constitution, outlining the structure and powers of the federal government.
• The Bill of Rights consists of the first ten amendments to the Constitution, protecting individual rights and liberties such as freedom of speech, religion, and the press.
• Checks and balances allow each branch of government (Congress, President, Supreme Court) to limit the power of the other two branches.
• A convention is a formal meeting or assembly of representatives or delegates for discussion and action on a particular topic.
• The Elastic Clause, also known as the Necessary and Proper Clause, grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers.
• Enumerated powers are powers specifically granted to the federal government by the Constitution.
• Formal methods of amending the Constitution involve passage by two-thirds of both houses of Congress and ratification by three-fourths of the states, while informal methods involve judicial interpretation, social and cultural change, and technological change.
• Incorporation doctrine is a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
• Judicial Review is the power of the courts to declare laws unconstitutional.
• Jurisdiction is the authority of a court to hear and decide a case.
• Limited government is the principle that governmental power is restricted by law, usually in a written constitution.
• Marbury v. Madison (1803) established the principle of judicial review, giving the Supreme Court the power to declare laws unconstitutional.
• The Necessary and Proper Clause (Elastic Clause) grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers.
• Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (Rule by the People).
• Article I of the Constitution establishes the legislative branch, Article II establishes the executive branch, and Article III establishes the judicial branch.
• Ratified means formally approved, confirming its validity.
• Separation of powers divides governmental power among the legislative, executive, and judicial branches.
• State constitutions are the governing documents of the individual states, outlining the structure and powers of state governments.
• The Supremacy Clause establishes that the Constitution and federal laws are the supreme law of the land, taking precedence over state laws.

Civil Liberties and Civil Rights

• Affirmative action refers to policies designed to address past and present discrimination by providing equal opportunities in employment, education, and contracting.
• Circumstances surrounding lawful arrests include probable cause, warrants, and exceptions such as exigent circumstances and plain view.
• Discrimination is the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, sex, or disability.
• Due Process of Law guarantees fair treatment through the normal judicial system, especially as a citizen's entitlement.
• Eminent domain is the power of the government to take private property for public use, with just compensation to the owner.
• Engel v. Vitale (1962) ruled that mandatory prayer in public schools is unconstitutional, violating the Establishment Clause of the First Amendment.
• The Exclusionary Rule prohibits the use of illegally obtained evidence in a criminal trial.
• Fisher v. University of Texas (2013) upheld the University of Texas's affirmative action policy, but emphasized the need for strict scrutiny in considering race as a factor in admissions.
• The Free Exercise Clause of the First Amendment protects individuals' right to practice their religion freely.
• Gideon v. Wainwright (1963) ruled that the state must provide legal representation to indigent defendants in criminal cases.
• The 14th Amendment is important because it guarantees equal protection under the law and due process to all citizens, prohibiting states from infringing upon individual rights.
• Loving v. Virginia (1967) invalidated laws prohibiting interracial marriage, holding that such laws violated the Equal Protection Clause of the Fourteenth Amendment.
• Mapp v. Ohio (1961) established that illegally obtained evidence cannot be used in a state criminal trial, extending the Exclusionary Rule to the states.
• Miranda v. Arizona (1966) requires law enforcement officials to inform suspects of their rights, including the right to remain silent and the right to an attorney, before interrogation.
• New Jersey v. TLO (1985) established a less strict standard for searches in schools than outside of schools.
• Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, holding that the right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.
• Prior restraint is government censorship of expression before it takes place, which is generally prohibited by the First Amendment.
• Probable cause is a reasonable ground for belief in certain alleged facts, which must be proven to exist for authorities to obtain a warrant.
• Regents of the University of CA v. Bakke (1978) upheld affirmative action but ruled against the use of quotas in college admissions.
• The right to bear arms is protected by the Second Amendment to the U.S. Constitution.
• The Right to Privacy is implied by several amendments in the Bill of Rights, including the Fourth Amendment, and relates to national security issues when government surveillance is involved.
• Roe v. Wade (1973) established a woman's constitutional right to an abortion, based on the right to privacy.
• Santa Fe v. Doe (2000) ruled that student-led prayer at high school football games violates the Establishment Clause of the First Amendment.
• Schenk v. US (1919) established the "clear and present danger" test, limiting free speech during wartime if it presents a clear and present danger to the nation.
• Selective incorporation is the process by which provisions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment, one case at a time.
• Slander is spoken defamation, while libel is written defamation, both involving false statements that harm someone's reputation.
• Speech plus involves actions, such as demonstrations, that combine speech with physical activity and may be subject to greater regulation than pure speech.
• Substantive due process protects individuals from arbitrary or unreasonable governmental actions, even if the procedures used are fair.
• Symbolic speech involves actions that express an opinion, which may be protected under the First Amendment.
• Tinker v. Des Moines (1969) upheld students' right to engage in symbolic speech in schools as long as it does not disrupt the educational environment.
• Texas v. Johnson (1989) ruled that burning the American flag is a protected form of symbolic speech under the First Amendment.
• Unprotected speech includes obscenity, incitement to violence, and defamation, which are not protected by the First Amendment.

Federalism

• The 10th Amendment reserves powers not delegated to the federal government to the states or the people.
• Advantages of federalism include accommodating diverse populations, policy experimentation, and increased political participation, while disadvantages include complexities, inefficiencies, and inequalities among states.
• Commerce refers to the buying and selling of goods and services.
• Concurrent powers are powers shared by both the federal and state governments, such as the power to tax and establish courts.
• Delegated powers are powers specifically granted to the federal government by the Constitution.
• Extradition is the legal process by which a state or nation returns a person charged with a crime to the state or country where the crime was committed.
• Expressed (or "enumerated") powers are powers specifically listed in the Constitution as belonging to the federal government.
• Federal grants are financial assistance provided by the federal government to states or local governments for specific purposes.
• Federalism involves the division of powers between a national government and state governments. Cooperative federalism involves cooperation between federal and state governments, dual federalism involves clearly divided powers, and new federalism involves devolution of power from the federal government to the states.
• Implied powers are powers not specifically listed in the Constitution but are necessary for the federal government to carry out its enumerated powers.
• Inherent powers are powers that naturally belong to any sovereign government, such as the power to control immigration and conduct foreign policy.
• Interstate compacts are agreements between states, often requiring congressional approval.
• Mandates are requirements imposed by the federal government on state and local governments, often without funding.
• McCulloch v. Maryland (1819) affirmed the supremacy of the federal government over the states and upheld the constitutionality of the national bank, establishing implied powers of Congress
• The nationalist position favors a strong national government with broad powers, while the states' rights position favors greater autonomy for state governments.
• Preemption is the doctrine under which federal law overrides conflicting state law.
• Reserved powers are powers not delegated to the federal government and not denied to the states, which are reserved for the states or the people.
• Separation of powers divides governmental power among the legislative, executive, and judicial branches.
• FDR and the New Deal increased the role of the federal government in addressing economic and social problems during the Great Depression.
• The states’ rights position supports greater autonomy for state governments.
• United States v. Lopez (1995) limited the power of the federal government under the Commerce Clause, ruling that Congress could not prohibit guns in school zones.

Political Parties, Voting, and Elections

• Accuracy, transparency, trustworthiness, and impartiality are essential qualities of responsible journalism and news reporting.
• Campaign contributions are donations made to political candidates or parties to support their campaigns.
• Centrists hold moderate political views, falling between the extremes of the political spectrum.
• Citizens United v. Federal Elections Commission (2010) ruled that corporations and unions have the same free speech rights as individuals, allowing them to spend unlimited amounts of money on political advertising.
• Down-ballot voting refers to voting for candidates in lower-level offices on the same ballot.
• A general election is a regular election in which all voters can make a final choice of officeholders.
• Ideology is a set of beliefs about politics and public policy that shapes a person's views on various issues.
• Liberals typically support government intervention in the economy and social issues, while conservatives generally favor limited government intervention and individual responsibility, and moderates hold views between these two extremes.
• Lobbying involves efforts to influence public policy by contacting government officials and providing them with information and arguments.
• Media roles include acting as a watchdog over government, a gatekeeper determining what news is reported, a scorekeeper tracking political successes and failures, and an agenda setter influencing what issues are considered important.
• Minor parties (or "third parties") are political parties other than the two major parties.
• A platform is a set of principles and goals that a political party supports.
• Political Action Committees (PACs) and SuperPACs are organizations that raise and spend money to influence elections and political outcomes, with SuperPACs allowed to raise and spend unlimited amounts of money.
• Political parties are organizations that seek to influence government by electing their members to office.
• The political spectrum is a range of political positions or ideologies, typically ranging from liberal to conservative.
• A primary election is an election held to choose candidates for a general election.
• Public opinion is the attitudes and beliefs held by a population on political issues.
• Minor parties rarely win elections due to factors such as lack of funding, media coverage, and ballot access laws favoring the major parties.
• Shelby County, Alabama v. Holder (2013) struck down key provisions of the Voting Rights Act of 1965, leading to concerns about voter suppression.
• Minor parties can influence elections by raising awareness of issues and influencing the platforms of major parties.
• Special interest groups are organizations that advocate for specific issues or policies.
• Soft money is money raised by political parties for general purposes, not subject to the same regulations as campaign contributions.

Judicial Branch

• Acquittal is a judgment that a person is not guilty of the crime with which the person has been charged.
• The adversarial system is a legal system where two opposing sides present their case to a neutral decision-maker.
• Amicus curiae are "friend of the court" briefs filed by interested parties to provide information and arguments to the court.
• Appellate courts hear appeals from lower courts, while district courts are the trial courts in the federal system.
• Arraignment is a formal reading of criminal charges in the presence of the defendant, to inform them of the charges against them.
• Bush v. Gore (2000) settled a recount dispute in Florida's 2000 presidential election.
• Certiorari (Writ of…, Petition for the…..) is an order by a higher court directing a lower court to send up a case for review.
• Civil law deals with disputes between individuals or organizations, while criminal law deals with offenses against society.
• Civil trial courts hear cases involving disputes between individuals or organizations.
• Common law is a system of law based on precedent and custom.
• Constitutional law is law that involves the interpretation and application of the Constitution.
• Criminal trial courts hear cases involving offenses against society.
• The debate over life terms of Supreme Court Justices centers on whether the potential for long-term influence is preferable to the need for justices to remain accountable to contemporary values.
• Federal courts are the courts of the national government, established under the Constitution.
• A Grand Jury is a group of citizens that decides whether there is sufficient evidence to bring criminal charges against someone.
• Indictment is a formal accusation by a grand jury that there is enough evidence to bring criminal charges.
• Judicial Activism is the philosophy that courts should not be afraid to overturn statutes and precedents when basic human rights are violated, while Judicial Restraint is the philosophy that courts should defer to the other branches of government and should not overturn statutes and precedents unless they are clearly unconstitutional.
• Judicial Review is the power of the courts to declare laws unconstitutional.
• Jurisdiction is the authority of a court to hear and decide a case. Federal jurisdiction involves cases arising under federal law or involving citizens of different states, exclusive jurisdiction is the sole authority to hear a case, original jurisdiction is the authority to hear a case for the first time, and appellate jurisdiction is the authority to review cases already decided by lower courts.
• Length of term for Supreme Court Justices is life, demographic information and history of court includes factors such as race, gender, education, and prior experience.
• Mapp v. Ohio (1961) established that illegally obtained evidence cannot be used in a state criminal trial, extending the Exclusionary Rule to the states.
• Mistrial is a trial terminated before a verdict is reached, typically due to procedural error or misconduct.
• Nomination and Confirmation of Supreme Court Justices involves appointment by the President and confirmation by the Senate.
• Opinions are written explanations of the court's decision. Majority opinions represent the views of the majority of justices, dissenting opinions express the views of justices who disagree with the majority, and concurring opinions agree with the majority but offer different reasoning.
• “Originalism” interprets the Constitution based on its original meaning, while a “Living Constitution” approach interprets the Constitution in light of contemporary values and circumstances.
• Plea bargain is an agreement where a defendant pleads guilty to a lesser charge in exchange for a more lenient sentence.
• Precedent is a legal principle or rule established in a prior court decision that serves as a guide for future cases.
• The Rule of 4 is a Supreme Court practice where at least four justices must agree to hear a case before it is granted certiorari.
• The Rule of Law is the principle that all people are subject to and accountable to the law, and that the law is fairly applied and enforced.
• Stare decisis is the legal principle of following precedent in deciding similar cases.
• A statute is a written law passed by a legislative body.
• The Supreme Court is the highest court in the federal judiciary, with final authority to interpret the Constitution.
• A verdict is the decision reached by a jury or a judge in a trial.
• Juries are typically composed of citizens selected from the community. Failure to appear for jury duty can result in penalties.
• A Writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

Legislative Branch

• Apportionment is the distribution of seats in the House of Representatives among the states based on population.
• Bicameral legislature contains two chambers, typically a House of Representatives and a Senate.
• A closed rule sets strict time limits on debates and forbids amendments from the floor, except those sponsored by the committee reporting the bill, whereas an open rule permits amendments from the floor.
• Cloture is a procedure used in the Senate to limit debate on a bill and bring it to a vote, requiring the vote of 60 senators to invoke.
• Committees consider bills, conduct hearings, and recommend legislation to the full chamber and bills are proposed laws under consideration by a legislature.
• Congress checks and balances the President through powers such as impeachment, oversight, and the power to override vetoes.
• Congressional Districts are geographic areas within a state from which a representative is elected to the House of Representatives.
• The Connecticut (Great) Compromise created a bicameral legislature with representation in the House based on population and equal representation in the Senate.
• Constitutional requirements for Senate include being at least 30 years old, a citizen for at least 9 years, and a resident of the state, and for the House of Representatives include being at least 25 years old, a citizen for at least 7 years, and a resident of the state.
• A filibuster is a tactic used in the Senate to delay or block a vote on a bill by extending debate.
• Gerrymandering is the drawing of congressional district boundaries to favor one political party or group over another.
• How a bill becomes a law involves introduction in either the House or Senate, committee review, floor debate and vote, and presidential approval or veto.
• Important positions in the Senate include the President Pro Tempore, Majority Leader, and Minority Leader, while in the House include the Speaker of the House, Majority Leader, and Minority Leader.
• Impeachment is the process of charging a government official with misconduct, initiated in the House and tried in the Senate.
• Impoundment, as an example of a Presidential check on the legislative branch, refers to the President's refusal to spend money appropriated by Congress.
• Interstate commerce refers to the buying, selling, or moving of goods from one state to another.
• A junket is a trip taken by members of Congress, often at public expense, to gather information related to their legislative duties.
• The Necessary and Proper Clause/Elastic Clause grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers.
• Perjury is the act of lying under oath in a court of law or other official proceeding.
• Quorum is the minimum number of members of a legislative body needed to be present for the body to conduct business.
• Reapportionment reallocates seats in the House of Representatives among the states based on population changes after each census.
• Redistricting is the redrawing of congressional district boundaries within a state, typically done by the state legislature.
• Responsibilities of Congress include legislating, representing constituents, overseeing the executive branch, and declaring war.
• Riders are amendments added to a bill that are not directly related to the bill's purpose.
• Senators serve 6-year terms with no term limits, while members of the House of Representatives serve 2-year terms with no term limits.
• The State of the Union Address is an annual speech delivered by the President to a joint session of Congress, reporting on the condition of the nation and outlining legislative priorities.
• Subpoena is a legal order compelling a person to appear in court or provide testimony or documents.
• Revenue bills deal with taxation, appropriation bills allocate funds, authorization bills establish government programs, private bills benefit specific individuals or entities, and public bills apply to the general public.
• Standing committees are permanent committees with specific jurisdiction, select committees are temporary committees created for a specific purpose, conference committees reconcile differences between House and Senate versions of a bill, and joint committees include members from both the House and Senate.
• Unicameral legislature contains one chamber.
• The upper house is the Senate, and the lower house is the House of Representatives.
• Vetoes are the President's power to reject a bill passed by Congress.
• The length of terms differ to balance responsiveness to the public (House) with stability and experience (Senate).
• Legislation can be recommended by members of Congress, the President, interest groups, and constituents.

Executive Branch

• Amnesty is an official pardon for a group of people who have violated a law or policy.
• Bureaucracy is the administrative structure of the executive branch, consisting of departments, agencies, and offices that carry out government policies.
• The Cabinet is a body of high-ranking state officials, typically consisting of the top leaders of the executive branch/ departments, such as the Secretary of State or the Secretary of Defense, who advise the President on policy issues.
• Characteristics of most Presidents include prior political experience, leadership skills, communication abilities, and a strong understanding of public policy.
• The Commander in Chief is the President's role as supreme commander of the armed forces.
• Communication between the President and the people is facilitated through speeches, press conferences, social media, and other means.
• Constitutional Qualifications for President include being a natural-born citizen, at least 35 years old, and a resident of the U.S. for at least 14 years and their powers including negotiating treaties, appointing officials, and commanding the armed forces.
• Diplomatic recognition is the formal acknowledgment of a foreign government as legitimate.
• Electing the President involves a process that includes primary elections, general elections, and the Electoral College.
• The Electoral College is a body of electors chosen by each state to elect the President and Vice President. The number of votes each state has in the Electoral College is equal to its total number of senators and representatives in Congress. A tie in the Electoral College would be decided by the House of Representatives. It exists to provide a buffer between the population and the selection of a President, and the number of votes needed to win is 270.
• An executive agreement is an international agreement made by the President that does not require Senate ratification.
• The Executive Branch at work involves implementing and enforcing laws, managing the federal bureaucracy, and conducting foreign policy.
• The Executive Office of the President consists of agencies and advisors that assist the President in carrying out their duties.
• An executive order is a directive issued by the President that has the force of law.
• Executive Power’s source of authority comes from Article II of the Constitution, which vests executive power in the President.
• Executive privilege is the President's right to withhold information from Congress and the courts, generally regarding national security.
• A general election is a regular election in which all voters can make a final choice of officeholders.
• Ideas for Electoral College reform include the National Popular Vote Interstate Compact and proportional allocation of electors.
• Impeachment is how the process works beginning in the House of Representatives.
• Length of terms for President is 4 years, number of terms is limited to two, and the history behind it stems from concerns about executive power.
• A midterm election is a congressional election that takes place in the middle of a President's term.
• A pardon is the President's power to forgive someone for a federal crime.
• Political patronage is the practice of granting government jobs and contracts to political supporters and friends.
• The President's role in the national budget process involves submitting a budget proposal to Congress and overseeing the implementation of the budget.
• Presidential appointments involve filling positions in the executive branch and federal judiciary, subject to Senate confirmation, and President’s appoint cabinet secretaries, agency heads, ambassadors, and federal judges.
• Presidential qualifications include being a natural-born citizen, at least 35 years old, and a resident of the U.S. for at least 14 years.
• Presidential succession determines who becomes President if the President dies, resigns, or is removed from office, typically the Vice President.
• A primary election is an election held to choose candidates for a general election.
• Roles of the President include serving as Commander in Chief, Chief Diplomat, Chief Executive, and Head of State.
• The State of the Union address is an annual speech delivered by the President to a joint session of Congress, reporting on the condition of the nation and outlining legislative priorities.
• Treaties are formal agreements between nations that must be ratified by the Senate.
• The Vice Presidential responsibilities are to succeed the President if they are unable to serve, and to preside over the Senate.
• Vice Presidential terms have the same limitations as Presidential terms, with a maximum of two terms.
• Veto power is the President's power to reject a bill passed by Congress.
• The White House Office consists of the President's closest advisors and staff, providing support and counsel.