Glossary
A
Administrative law Rules,
regulations, and laws relating to the authority and procedures of
administrative agencies.
Amendment The
addition to or the deletion of a clause to a constitution or law.
Amicus curiae brief also called a friend of the court
brief An action filed with the permission of the court which provides
additional arguments to those presented by parties immediately involved with
the case.
Annapolis convention
A convention called in August 1786 which delegates from five states attended to
originally consider trade and navigational problems. It was at this convention
that the call was made to Congress and the states for what became the
Constitutional Convention.
Anti-Federalists Persons
opposed to the 1787 Philadelphia Constitution and to a more nationally
centralized government.
Appellate jurisdiction
Authority to review lower court decisions and administrative tribunals.
Articles of Confederation
Drafted in 1777, ratified in 1781, this was the first constitution of the newly
independent United States. It was replaced in 1789 with the present
Constitution.
Autocracy
Government in which all power is held by one person.
B
Bad tendency doctrine Interpretation
of the First amendment that allows legislatures to make laws banning speeches
that may have a tendency to cause people to engage in illegal activities.
Bicameralism
Government use of a two-house legislature.
Bicameral legislature
Format used by the U.S. Congress and forty-nine of the states that employs a two-house
legislative system.
Bill of Attainer Legislation
used to punish named individuals or easily identifiable groups.
Binding Arbitration When
the law dictates that the stalemated dispute between management and labor be
resolved by an impartial third-party whose decision must be accepted as
compulsory by all parties.
Bipartisanship Policy
that makes it appear that there is cooperation and unison between the major
political parties.
Block Grant Funds
granted by one level of government to another for broad programs such as health
care or law enforcement.
Bureaucrat Government
official; usually appointed rather than elected.
C
Categorical formula grant Funds
granted by one level of government to another for specific programs, under
specific circumstances.
Caucus Meeting
of party members to choose party officials and candidates for public office and
to decide policy questions.
Checks and balances
In order for the government to run effectively, all three branches must work
together and share equally in the power so that no one branch dominates the
others and the business of government in efficiently run.
Civil law The
legal code that regulates the conduct between private individuals. Under this
system, the government acts as negotiator of disputes among individuals and
businesses.
Class action suit Lawsuits
brought by a person or a group of people on their own behalf as well as on the
behalf of all persons in a similar situation. Class action suits are often
brought against the auto industry and their outcome often mandate the
replacement, at no cost, of car parts found to be defective or unsafe to all
cars of the same make and model.
Clear and present danger doctrine This
interpretation of the First amendment does not allow laws that directly or
indirectly restrict freedom of speech to be utilized unless the particular
speech or writing presents a clear and present danger that it's presentation
will lead to acts that the government defines as illegal.
Cloture Method
used to end filibusters in particular and debates in general in the U.S.
Senate.
Coattail effect The
electoral success or failure that one candidate has impacts the success or
failure of other candidates in the same party.
Commerce clause The
Constitutional clause giving Congress the power to regulate business activities
that involve more than one state. This clause also prohibits states from
disrupting the business activities of other states or nations.
Comparable worth Notion
advocated by those who believe that jobs traditionally held by women-nursing,
childcare, secretarial, teaching-have been systematically held down in wage.
These jobs are traditionally held by women because of pervasive stereotyping
and discrimination while the higher paying jobs, such as plumbers and janitors
are held by men. The idea that jobs should be paid at the same rate if they
require comparable skills and contributions made to society.
Concurrent powers Powers given to both the states and the national
government by the Constitution.
Concurring opinion An
opinion offered by a Supreme Court justice which agrees with the decision of
the majority but for different reasons than those of the majority.
Confederation Government
created when nation-states agreed to create a new government and allowed it
certain powers. The power to regulate the conduct of individuals is not allowed
in this form of government.
Conference committee
Committee appointed by each the House and the Senate to adjust differences on
bills. Once out of committee, the bill must be accepted or rejected as it
stands and may not be amended.
Connecticut Compromise The
original delegates of the Constitutional Convention agreed to give each state
two senators regardless of population to compromise for the House of
Representative's method of picking numbers of representatives according to
population density. The compromise was made at the demand of the less populous
states for agreeing to the new Constitution.
Conservatism Political
belief that favors state and local government over the Federal government
involvement in private lives and businesses.
Conspiracy Collaboration
between two or more people to engage in illegal activity or in an activity that
is lawful by itself but not when orchestrated by a particular group, under particular
circumstances.
Constitution
Rules and procedures of those who govern as outlined by agreement to allow for
effective government.
Constitutional convention
The Philadelphia convention of 1857 that determined the Constitution of the
United States which was ratified by nine states and adopted in 1788.
Constitutional government
Governments that follow a code of ethics that apply to those who govern and
enforce that code when need be.
Constitutional law The
Supreme Court interprets the meanings of the Constitution of the United States
through its opinions. Laws are focused around these interpretations and people
and government behave according to these laws.
Containment The
foreign policy strategy employed by the Truman Administration and to some
extent by all of the presidential administrations after World War II which was
aimed at preventing the emerging powers of Europe and the Middle East from
falling under Soviet control.
Curtiss-Wright case The
1936 Supreme Court case which upheld the sovereignty of the National Government
in foreign affairs and declared the President to be its prime agent.
D
De facto segregation racial
segregation that results from sources other than government practices.
Defendant In
any court action, the individual or group defending itself against charges
brought either by another person or by the legal authorities.
De jure segregation see
Jim Crow laws Racial segregation that results from government policies and
practices.
Delegate Legislators,
as the delegates of the people whom they represent, representing the views of
their constituents rather than views that they hold personally.
Demagogue Charismatic
leaders who appeal to the prejudices and emotions of the masses to retain their
power.
Democracy
Direct or indirect government
by the people where there are frequent free elections. Deregulation Hands-off
approach that calls for less interference via rules and regulations by government.
Detente Policy
aimed at reducing the tension between nations.
Deterrence U.S.
defense policy to prevent nuclear attack by being able to survive a first
attack by an adversary and respond with a massive counter attack that would
inflict costly damage. The idea is that an initial attack would not be
forthcoming because of fear of retaliation. Thus, an ever increasing arsenal of
weapons on all sides.
Direct primary Election
in which voters who are members of the party choose who will be nominated for
the party's nominees in the general election.
Discharge petition Petition
signed by a majority of the members of the House of Representatives which
forces a bill from Committee onto the House floor for consideration.
Domino Theory Theory
that assumes that if some key nations fall under Communist control, other
nations will subsequently fall.
Double jeopardy Practice
forbidden by the Constitution in which a person is tried for the same trial by
the same government.
Dual Federalism Idea
that state and national governments, each granted certain rights and powers by
the Constitution, are equal partners with the Supreme Court arbitrating
conflicts between the two.
Due process clauses Clauses
in the fifth and fourteenth amendments that guarantee individuals that neither
the state or national governments can deprive individuals of life, liberty or
property without due process of law.
E
Electoral College This
formality gathers the states electors together and counts their votes as cast
to formally represent their parties choice for president and vice president.
Eminent domain The
Constitution makes allowances for the government to take private property for
public use, but just compensation must be made to the individual citizen.
Equal protection
clause A constitutional restraint imposed
by the fifth and fourteenth amendments on the power of government to
discriminate on the grounds of race, national origin or sex.
Equal Rights Amendment
(ERA) Proposed Constitutional amendment by
the Congress of 1972 designed to give women equal protection under the law.
Ratified by only thirty-five states, just three short of the number needed,
time ran out and the amendment failed in June, 1982.
Equal-time requirement Requirement
by Congress and the Federal Communications Commission that requires television
and radio licensees to give opposing candidates for public office equal amounts
of free air time.
Equity Remedy
used by the courts when suits for money do not provide justice.
Establishment clause First
and fourteenth amendment clauses that forbids the government to make laws about
any established religion. The Supreme Court further interpreted this clause to
forbid government to support any or all religions.
Ethnocentrism The
belief held by most people in most societies that their own group is superior
to others.
Excise tax Tax
imposed on the consumer of particular items such as cigarettes, liquor and
gasoline.
Executive agreement An
international agreement that carries the weight of a treaty made by the
president that does not need the approval of Congress.
Executive office of
the President The Reorganization act of 1939
established a group of offices to help the president carry out his tasks. These
staff agencies change as the needs of government change.
Executive privilege Claim
made by presidents that justify the withholding of certain information from the
public, the courts and even Congress in the interest of national security.
Questioned by the United States v. Nixon case, the Supreme Court
ruled that while presidents do have this privilege, its extent is subject to
judicial review.
Ex post facto law "After-the-fact"
law not allowed by the Constitution that would punish criminals for an act not
illegal at the time of its commission.
Extradition Legal
process whereby a criminal caught in one state is surrendered to another state.
F
Fairness Doctrine Doctrine that imposes
on television and radio, licensees the opportunity for differing viewpoints to
be presented.
Federal Reserve System Created
by Congress in 1913 to ensure regulated currency and amount of credit available
and to establish banking practices.
Federalism Governmental
arrangement that allows for two levels of government, one at a central level
and the other at each of the state levels both of which have jurisdiction over
individuals.
The Federalist Written by
Hamilton, Jay and Madison during the debate over ratification of the
Constitution, this series of essays favored its adoption.
Filibuster A lengthy speech
given by a member of the US Senate that impedes the introduction of a
controversial matter by stalling until time runs out.
Full faith and credit clause Clause
in the Constitution that requires that each state recognizes civil judgments
made in other states.
Gerrymandering The practice of
drawing or redrawing the boundaries of a voting district in such a way as to
prevent the opposition from establishing a majority of votes.
Grand jury Twelve to
twenty-three people who sit in private at a hearing where the government
presents evidence. The grand jury then decides whether the evidence warrants an
individual to stand trial.
Gross national product (GNP) The
total monetary value of all goods and services given in any one year in the
nation.
Habeas corpus Court orders
that require jailers to show just cause for holding an individual.
Hatch Act Federal statute
that disallows federal employees from certain political actions and protects
them from being fired on partisan grounds.
Ideology A set of political
attitudes and beliefs about the role of government, power and the role of the
individual in society.
Ideologue Person with a
stable and fixed ideology.
Immunity Exemption from prosecution
given to a witness as a result of testimony given in return.
Implied Powers Constitutional
powers given to Congress to do whatever is necessary to carry out expressed
powers.
Impoundment Presidential
act refusing to allow an agency to spend funds authorized by Congress.
Inflation Rise in the
cost of goods purchased. Same as the decline of monetary value.
Inherent powers Powers attributed
to the national government that deal with foreign relations. Supreme Court ruled that
these powers do not need to be granted by the Constitution, rather they
naturally grow out of the nature of governments and their relationship with
other governments.
Initiative petition Petition by a
group of voters to create a new law. May be submitted either directly to the
people or to the legislature first, and if refused, to the voters.
Interest groups Collection of
people sharing a common interest or concern willing to interact with other
groups to meet their demands.
Interstate compacts Agreements
among states usually approved by Congress.
Isolationism 1930's
attitude that the US should stay out of everyone's business, especially
militarily, and look after its own self-interest.
Item veto Power granted to
state executives that allows them to veto part of a bill without having to veto
it all. Presidents do not have this power.
Jim Crow laws Laws requiring
that public facilities and accommodations, public and private, be segregated by
race.
Joint committee Intended to speed
up legislative processes, these committees are formed by members consisting of
both the House and the Senate.
Judicial activism As opposed to
judicial restraint which asks for a conservative interpretation of the
Constitution, judicial activism asks that judges interpret the Constitution to
reflect current trends and the desires and values of current people.
Judicial restraint The Constitution
should be interpreted in the context of wording and intent meant by the authors
of the document and changes should be made via the formal amendment process.
Judicial review Supreme Court
case Marbury v. Madison defines the authority of judges to decide
on the validity of actions taken by executive officials according to the judges
interpretation of the Constitution.
Ku-Klux-Klan Organization
of white supremists characterized by white flowing robes and hoods espousing
inferiority and hatred of blacks, ethnic groups and various religious factions.
Lame duck Elected
official serving out a term of office after being defeated for reelection
before the inauguration of the successor.
Legislative veto Declared
unconstitutional in 1983, provisional law that allowed Congress or a committee
of Congress to reject by majority vote an act or regulation of an agency of the
national government.
Libel Written defamation
of another person.
Liberalism Philosophical
approach that favors governmental action to achieve equal opportunity and
equality for all.
Libertarianism Philosophical
approach that favors a free-market economic policy and non-interventional
foreign policy along with a general limited role approach to government in
general.
Lobby Seen as
part of a citizens right to petition the government, lobbying involves
activities aimed at influencing government officials to enact desired policies.
Lobbyist Person who acts for an
organized group aimed at influencing decision making of public officials.
Maintaining election An election
that runs in a similar pattern as the last election maintaining partisan
support.
Majority floor leader The majority
floor leader helps frame party policy and keeps the membership in line,
determines the agenda and has strong influence in committee selection. This
legislative position is held by an important party member selected in caucus or
conference.
Massachusetts ballot Method of
voting in which all candidates are listed under the office for which they are
running. Also called office group ballot or office block ballot.
McCulloch v. Maryland Celebrated 1819 Supreme Court decision that
established the doctrine of National supremacy and established the principal
that the implied powers of the national government be generously interpreted.
Medicaid A state and national
government project that pays as much as 80% of medical costs for those who do
not qualify for the national medicare program. This financial assistance
ensures that impoverished individuals whose medical expenses exceed social
security and pension benefits have medical assistance available to them.
Military-industrial complex Alliance
between top industry and top military personnel who protect their common
interests in arms production and use.
Minority floor leader Elected
spokesperson for the minority party who acts as party leader in the House and
the Senate.
Misdemeanor Criminal
offense punishable by fine and/or imprisonment of usually less than one year.
Missouri Plan System of
selecting judges whereby the governor makes an appointment and then after one
year the electorate votes whether to retain or reject. After the initial term,
the judge comes up for reelection if she wishes to serve again.
National Security Council Planning
committee including the president, vice president, secretary of defense,
secretary of state and the chair of the joint chiefs of staff which confers on
matters of national security.
National supremacy Constitutional
doctrine that advocates that when a conflict between national, federal and
local governments occur, the national government actions take priority.
Necessary and proper clause The
clause in the Constitution that sets forth the implied powers of Congress. This
clause grants Congress not only the enumerated powers, but also grant Congress
the authority to make any new and additional laws needed in order to carry out
those enumerated powers.
New Jersey Plan Presented by
Paterson of New Jersey, this plan advocated modification of the Articles of
Confederation and provided for strong states rights rather than a new
Constitution and strong national government.
Nixon Doctrine 1970's policy
suggested by President Nixon that would have the United States come to the
defense of allies and friendly nations only if they would do most of the main
fighting themselves.
Nonproliferation Treaty An
international agreement that pledges that nations possessing nuclear devices
not distribute that technology to those nations that do not posses nuclear
devices.
Obscenity Defined by
legislation or judicial interpretation as material presented in a patently
offensive way that appeals to prurient interest in sex lacking serious
literary, artistic, scientific or political interest.
Office group ballot Also
called Massachusetts ballot or office-block ballot, this is a method of voting
in which all candidates are listed under the office for which they are running.
Office of Management and Budget (OMB) Agency
that serves as clearinghouse for budgeting requests and management
improvements.
Oligarchy Form of
government where control lies within a small group of people based on wealth or
power.
Oligopoly Occurs when a
small group of business dominate an industry.
Ombudsman Governmental
official or office that handles complaints made against the government or its
officials.
Override An action of Congress
attempting to override a presidential veto of congressional legislation. Veto
overrides are rare, succeeding only 3% of the time, as a two thirds vote in
both the Senate and the House are required.
Oversight Process of monitoring and evaluating how a
program has been carried out.
Party column ballot Also called
the Indiana ballot, this method of voting lists all candidates under their
party designations allowing for easy casting of votes for only one party.
Party convention Held on
county, state and national levels, these conventions decide on policy matters
and sometimes select party candidates for public office.
Party primary Election
open only to members of the party where nominees for office are presented and
the candidate to run for the party for a particular office is chosen.
Party realignment Seeking
to maintain its competitiveness, a party sometimes makes fundamental changes in
economic, social and other electoral foundations.
Patronage Procedure whereby
government jobs are given to supporters of the winning party.
Petit jury Ordinary jury
convened in criminal or civil trials. Not the grand jury.
Plaintiff Party
initiating court action seeking legal remedies for injuries received.
Plea bargaining Negotiations
between the prosecutor and the defense attorney whereby the defendant will
plead guilty to a lesser crime.
Pocket veto After the
legislative body adjourns, if the president or governor does not sign a bill,
rather "puts the bill in his/her pocket", the bill dies and does not
become law.
Political Action Committee (PAC) Major
agencies through which congressional campaigns are financed, these groups are
the political arm of well organized special interest groups.
Political machine Political
"boss" along with supporting ward and precinct workers who provide
various services to constituents between elections and then call in these
favors when it is time to reelect their candidate.
Political socialization Process
whereby we develop our political attitudes, values and behaviors usually
started before we go to school and continuing throughout our lifetime.
Poll tax Payment required to vote.
Some states formerly required a poll tax, but it is now outlawed.
Populists Political party
of the 1880's and 1890's based in the rural South, Southwest and Midwest that
waged reformist actions against banks, railroads and other establishments.
Populist issues influenced the Democratic party and the progressive movements
after 1892.
Preferred position doctrine Interpretation
of the first amendment that disallows any law to be made that limits expression
unless the government can convince the courts that the law is necessary to
prevent serious injury to the public welfare.
Presidential primary Statewide
primary in which members of a party choose delegates to go the national party
convention and the nominee who will be the party's candidate running for
president.
President pro tempore In the absence of
the vice president, this official serves as the president of the Senate. Chosen
from the members of the U.S. Senate, he is usually the senior member of the
majority party.
Prior restraint Order made
prior to the delivery of a speech, publishing of a book or newspaper or the
release of a motion picture until certain conditions have been met.
Progressive tax Tax that imposes
higher tax payments on those who are more wealthy.
Project grant Government
funds earmarked for specific purposes based on merits.
Public defender Officer of the
court whose job it is to provide free legal services to those who are accused
of crimes and are unable to afford an attorney.
Public opinion Views and
attitudes held by people on significant issues.
Public policy Intentions
and actions practiced by the government on all issues.
Quasilegislative and quasijudicial Words
coined by the Supreme Court to permit noncourt and nonlegislative bodies to
decide disputes and make rules. Decisions are subject to court review and rules
must be within general guidelines established by the legislature.
Random sampling A
representative selection picked at random to sample public opinion.
Realigning election Election in
which existing party loyalties change.
Reapportionment Redrawing the legislative district
lines to acknowledge the existing population distributions.
Recall After a certain number
of voters petition to have an elected official removed from office, this
election is held where all voters have their say in the matter.
Referendum Submission
for approval to the general voters of measures passed by the legislature.
Regressive tax Taxes imposed
most heavily on those least able to afford them.
Representative democracy Also
called a Republic The form of government where power is derived directly or
indirectly from the people. Those elected to govern are responsible for their
actions to the people who have given them their power. In this form of
government, people elect representatives who make the rules as opposed to
making rules themselves as occurs in a direct democracy.
Revenue sharing Program that allows for federal funds
to be used by state and local governments to be spent at the discretion of the
receiving governments.
Runoff election Election held
when neither candidate receives a required number of votes.
Safe seat Electoral office
in which the candidate or the party is so strong that reelection is taken for
granted.
Sales tax Tax charged on
sales transactions.
Salience Significance of an issue or
an event.
SALT Strategic Arms Limitations Treaty Agreement
made between the US and the Soviets limiting both offensive and defensive
weapons.
Sampling error The degree to
which a sample is distorted and does not perfectly represent the entire
population.
Sedition Attempt to overthrow the
government by force or violence.
Seditious Descriptive word
for a speech made to advocate forcefully overthrowing the government. The
Supreme Court has ruled that Congress can outlaw seditious speech but that
proof of specific urgings to commit violence were advocated by the speech
giver.
Senate majority leader Elected
leader of the majority party in the U.S. Senate. This is the most influential
person, the chief power broker and the setter of the agenda.
Senatorial courtesy U.S. Senate
custom of referring the names of prospective appointees to senators from the
states where these appointees reside and withdrawing the names of any
prospective appointees that these senators deem objectionable.
Separation of powers Constitutional
division of power between the judicial, legislative and executive branches. The
judicial branch interprets laws, the legislative branch makes laws and the
executive branch applies the laws.
Shays's Rebellion Led by
Daniel Shays in 1786-87 this rebellion in rural Massachusetts pro- tested the
foreclosing of mortgages. It resulted in support for a stronger national government.
Shield law Law establishing
the right under certain circumstances of reporters and other media people to
refuse to reveal sources of information.
Socialism Philosophical
approach to government that allows for public ownership of businesses.
Speaker Selected by the majority
party, elected by the entire House, this is the presiding officer of the House
of Representatives.
Stare decisis The rule of
precedence commonly held as binding; when a judge must decide on a case where
the same question is presented as had been previously decided.
Statutory law Law enacted
by legislature.
Subpoena A court order that demands the
presence of an individual or certain materials before a judicial agency.
Suburbs Residential communities
that surround an existing city.
Sunset process Legislative
review of programs after a set number of years to determine whether the program
is still viable or has outlived its usefulness.
Sunshine law Law requiring
public agencies to operate in public except under certain circum- stances.
Tariff Taxes levied on
imports to help protect a nations own industries from international competition
or simply to raise revenues by taxing products from abroad rather than raising
taxes internally.
Third world Those
nations that are rather poor and non-industrialized but are seeking to
modernize and compete in the world market.
Three-Fifths Compromise An
agreement between the north and the south at the Constitutional Convention in
1787 to count only three-fifths of the slave population in determining the
number of representatives sent to the House of representatives.
Ticket splitting Practice of
some voters who vote for the candidate rather than the party that the candidate
represents. This means that a particular voter might vote for a candidate in a
one office who is a democrat while at the same time voting for another
candidate in a different office that is a republican.
Treason No person can be convicted of this
crime unless he confesses in an open courtroom to the crime or two witness
testify that they personally witnessed actions specified as treasonous. Only
levying war against the U.S., adjuring to its enemies, or giving aid and
comfort to its enemies constitute crimes of treason.
Truman Doctrine 1947 doctrine sponsored
by Harry Truman aimed at halting the spread of communism in southeastern
Europe. This plan called for the financial support of all free people in the
world who wanted to resist outside forces of repression.
Trustee This view of a
legislator holds that when elected, an officer of the people represents
independent views for the general welfare of the people and that the legislator
need not vote as their constituents demand, rather as general welfare dictates.
Unicameral legislature One house
legislature. The state of Nebraska and almost all cities use this system.
Unitary system Form of
government where power is concentrated in the form a national government.