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Andray McWilliams American Government Study Guide Chapter 1 American Dream an American ideal of a happy, success life, which

h often includes wealth, a house, a better life for ones children and for some, the ability to grow to be president Conservative one who believes that a government is best that governs least and that big government should not infringe economic rights Democracy a system of government that gives power to the people, whether directly or through elected representatives Direct Democracy A system of government in which members of the polity meet to discuss all policy decision and then agree to abide by majority rule Government the formal vehicle through which policies are made affairs of state are conducted Indirect Democracy a system of government that gives citizens the opportunity to vote their behalf Liberal one who favors governmental involvement in the economy and in the provision of social services and who takes an activist role in protecting the rights of women, the elderly, minorities, and the environment? Libertarian one who believes in limited government and no government interference in personal liberties? Majority rul\] e the central premise of democracy in which only policies that collectively garner the support of a majority voters will be made into law Mayflower Compact Document written by the Pilgrims while at sea enumerating the scope of their government and its expectations of citizens Moderate a person who takes a relatively centrist or middle-of-the-road views on most political issues Monarchy a form of government in which power is vested in hereditary kings and queens who govern in the interests of all Natural Law a doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood Oligarchy a form of government in which the right to participate is conditioned on the possession of wealth, social status, military position, or achievement.

Personal Liberty a key characteristic of U.S. democracy initially meaning freedom from governmental interference, today it includes demands for freedom to engage in a variety of practices without government interference or discrimination

policy decisions are made Popular consent the principle that government must draw their powers from the consent of the governed Popular Sovereignty the notion that the ultimate authority in society rests with the people Republic A government rooted in the consent of the governed; a representative or indirect democracy Social Conservative one who believes that traditional moral teaching should be supported and furthered by the government Social Contract an agreement between the people and their government signifying their consent to be governed Social Contract Theory the belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; espoused by Thomas Hobbes and John Locke and influential in the written of the Declaration of Independence Totalitarianism a form of government in which power resides in a leader who rules according to selfinterest and with-out regard for individual rights and liberties Chapter 2 Anti-Federalists those who favored strong state government and weak national government; opposed the ratification of the U.S. Constitution Articles of Confederation Bill of Rights the first ten amendments to the U.S. Constitution, which largely guarantee specifc rights and liberties Checks and balances a constitutionally mandated structure that gives each of the three branches of government of government some degree of oversight and control over the actions of the others Committees of Correspondence Organizations in each of the American colonies created to keep colonist abreast of developments with the British; served as powerful molders of public opinion against the British Constitution a document establishing the structure, functions, and limitations of a government

Declaration of Independence document drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain Enumerated power seventeen specific powers granted to Congress under Article I, section 8, of the Constitution Federal system system of government where the national government and state government share power and derive all authority from the people The Federalist Papers a series of eighty-five political essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the U.S. Constitution Federalists those who favored a stronger national government supported the proposed U.S. Constitution; later became the first U.S. political party First Continental Congress meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty-six delegates (from every colony except Georgia) adopted a resolution in opposition to the Coercive Acts Full Faith and Credit Clause section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state Great Compromise the final decision of the Constitution Convention to create a two-house legislature with the lower powers elected by the people and with powers divided between the two houses. It also made national law supreme Implied Powers powers derived from the enumerated powers and the necessary and proper clause . these powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated power Mercantilism an economic theory designed to increase a nations wealth through the development of commercial industry and a favorable balance of trade Necessary and proper clause the final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws necessary and proper to carry out the enumerated powers specified in the constitution; also called the elastic clause New Jersey Plan a frame work for the Constitution proposed by a group of small states. Its key points were a one-house legislature with one vote for each state, a Congress with the ability to raise revenue, and a Supreme Court with members appointed life Second Continental Congress meeting that convened in Philadelphia on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief

Separation of powers a way of dividing power of government among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensures by the constitution Stamp Act Congress meeting of representatives of nine of the thirteen colonies held in New York City in 1765, during which representatives drafted a document to send to the king listing how their rights had been violated Supremacy Clause Portion of Article VI of the U.S. Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government Three-Fifths Compromise agreement reached at the Constitutional Convention stipulating that each slave was to be count as three-fifths of a person for purposes of determining population for representation in the U.S. House of Representatives Virginia Plan the first general plan for the constitution offered in Philadelphia. Its key points were a bicameral legislature, and an executive and a judiciary chosen by the national legislature Chapter 6 Apportionment the process of allotting congressional seats to each state following the decennial census according to their proportion of the population Bicameral legislature a two-house legislature Bill a proposed law Cloture mechanism requiring sixty senators to vote to cut off debate Conference committee special joint committee created to reconcile difference in bills passed by the House and Senate Congressional Budget Act act that established the congressional budget process by laying out a plan for congressional action on the annual budget resolution, appropriations, reconciliation, and any other revenue bills Congressional Review a process whereby Congress can nullify agency regulations by a joint resolution of legislative disapproval Delegate role played by an elected representative who votes the way his or her constituents would want him or her to regardless of her or her own opinions Discharge Petition Earmark Funds that appropriations or congressional bill designates for specific projects within a state or congressional district

Filibuster a formal way of halting senate action on a bill by means of long speeches or unlimited debate Gerrymandering the drawing of congressional districts to produce a particular electoral outcome without regard to the shape of the district Hold a tactic by which a senator asks to be informed before a particular bill or nomination is brought to the floor. This request signals leadership that a member may have objections to the bill (or nomination) and should be consulted before further section is taken Impeachment the power delegated to the House of Representative in the Constitution to charge the president, vice president, or other civil officers including federal judges, with Treason, Bribery,, or other high crimes and misdemeanors Incumbency already holding office Joint Committee standing committee that includes members from both houses of Congress; set up to conduct investigations or special studies Logrolling Vote trading; voting to support a colleagues bill in return for a promise of future support Majority Leader the head of the party controlling the most seats in the House of Representative or the Senate; is second in authority to the Senate is regarded as its most powerful member Majority Party the political party in each house of Congress with the most members Markup a session in which committee members offer changes to before it goes to the floor Minority Leader the head of the party with the second highest number of elected representative in the House of Representatives or the Senate Minority Party the political party in each of Congress with the second most members Party Caucus or Conference a formal gathering of all party members Pocket Veto If Congress adjourns during the ten days the president has to consider a bill passed by both houses of Congress, the bill is considered vetoed without the presidents signature Politico role played by an elected representative who acts as trustee or as a delegate, depending on the issue Pork legislation that allows representatives to bring money and jobs to their districts in the form of public works programs, military bases, or other programs President pro tempore the official chair of the Senate; usually the most senior member of the majority party

Reconciliation a procedure that allows consideration of controversial issues affecting the budget by limiting debate to twenty hours; thereby ending threat of a filibuster Redistricting the process of redrawing congressional districts to reflect increases or decreases in seats allotted to the states, as well as population shifts within a state Select (or special) committee Senatorial courtesy a process by which presidents, when selecting district court judges, defer to the senators in whose state the vacancy occurs Seniority time of continuous service on a committee Speaker of the House the only officer of the House of Representative specifically mentioned to the Constitution the chambers most powerful position; traditionally a member of the majority party Standing committee Committee to which proposed bills are referred; continues from one Congress to the next Trustee role played by an elected representative who listens to constituents opinions and then uses his or her best judgment to make a final decision Veto formal constitutional authority of the president to reject bills passed by both houses of the legislative body, thus preventing the bill from becoming law without further congressional activity War Powers Act passed by Congress in 1973; the president is limited in the deployment of troops overseas to a sixty-day period in peacetime (which can be extended for an extra thirty days to permit withdrawal) unless Congress explicitly gives its approval for a longer period Whip party leader who keeps close contact with all members of his or her party; takes vote counts on key legislation, prepares summaries of bills, and acts as a communication link within a party

Chapter 7 Cabinet the formal body of presidential advisers who head the fifteen executive departments. Presidents often add others to this body of formal addvisers Executive Agreement formal international agreements entered into by the president that do not require the advice and consent of the U.S. Senate Executive Office of the President (EOP) a mini-bureaucracy created in 1939 to help the president oversee the executive branch bureaucracy Executive Order rule or regulation issued by the president that has the effect of law. All executive orders must be published in the Federal Register

Executive Privilege an implied presidential power that allows the president to refuse to disclose information regarding confidential conversions or the judiciary Impeachment the power delegated to the House of Representatives in the Constitution to charge the president, vice president, or other civil officers, including federal judges, with Treason, Bribery; or other high Crimes and Misdemeanors. This is the first step in the government officials from office. Inherent Powers powers that belong to the president because they can be inferred from the constitution New Deal the name given to the program of Relief, Recovery, Reform begun by President Franklin in 1933 to bring the United States out of the Great Depression Office of Management and Budget (OMB) the office that prepares the presidents annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecast, and conducts detailed analyses of proposed bills and agency rules Pardon executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime Twenty-Fifth Amendment adopted in 1967 to establish procedures for filling vacancies in the office of president and vice president as well as providing for procedures to deal with the disability of a president Twenty-Second Amendment adopted in 1951; prevents a president from serving more than two terms, or more than ten years if he came to office via the death, resignation, or impeachment of his predecessor. U.S. v. Nixon Supreme Court ruling on power of the president, holding that there is no absolute constitutional executive privilege allowing a president to refuse to comply with a court order to produce information needed in a criminal trial Veto Power the formal, constitutional authority of the president to reject bills passed by both houses of Congress, thus preventing them from becoming law without further congressional action War Powers Act passed by Congress in 1973; the president is limited in the deployment of troops overseas to a sixty-day period in peacetime (which can be extended for an extra thirty days to permit withdrawal) unless Congress explicitly gives its approval for a longer period

Chapter 9 Amicus Curiae friend of the court ; amici may file briefs or even appear to argue their interests orally before the court Appellate Court court that generally reviews only findings of law made by lower courts

Appellate Jurisdiction the power vested in particular courts to review and/or revise the decision of a lower court Brief a document containing the legal written arguments in a case filed with a court by a party prior to hearing or trial Civil Law codes of behavior related to the conduct and relationships between individuals or groups Constitutional Courts federal courts specifically created the U.S. Constitution or by Congress pursuant to its authority in Article III Criminal Law codes of behavior related to the protection of property and individual safety Judicial Activism a philosophy of judicial decision making that posits judges should use their power broadly to further justice Judicial Implementation how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit Judicial Restraint a philosophy of judicial decision making that posits court should allow the decision of other branches of government to stand, even when they offend a judges own principles Judicial Review power of the courts to review acts of other branches of government and the states Judiciary Act of 1789 Legislative act that established the basic three-tiered structure of the federal court system Jurisdiction authority vested in a particular court to hear and decide the issues in a particular case Legislative Courts courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims Marbury v. Madison case in which the Supreme Court first asserted power of judicial review by finding the congressional statute extending the courts originals jurisdiction was unconstitutional Original Jurisdiction the jurisdiction of courts that hear a case first, usually in a trial; these courts to review and/or revise the decision of a lower court Precedent a prior judicial decision that serves as rule for settling subsequent cases of a similar nature Rule of Four at least four justices of the Supreme court must vote to consider a case before it can be heard Senatorial Courtesy process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs0 Solicitor General the fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court

Stare Decisis in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases Strict constructionist an approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the framers Trial Court court of original jurisdiction where cases begin Writ of Certiorari a request for the Supreme Court to order up the records from a lower court to review the case

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