Chapters 1 – 5 Political Issues and American Government

This chapter covers Political Issues and American Government.

direct democracy

Citizens themselves vote on all legislation


government by a small group that is not accountable to the citizens (e.g., military officers or landowners)


Leaders with unlimited power rule for their own benefit


government by a single, nonelected leader (e.g., a king, queen, or dictator)


a system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials.


governments recognize no limits on their authority


governments recognize no limits on their authority, but they are constrained by other institutions, such as business or a church

constitutional governments

limited both in what they can do (substantive limits) and the methods they can employ (procedural limits)


conflict over the leadership, structure, and policies of governments; Who gets what, when and how, the process by which policy decisions are made

representative democracy (republic)

Governments are run by elected officials who represent the interests of their constituents


the pattern of struggles among interests; group politics

functions of the American government

Establishing Justice
Insuring Domestic Tranquility
Providing for the Common Defense
Providing for the Common Defense
Promoting the General Welfare
Securing the Blessings of Liberty


freedom from government control; includes personal freedom and economic freedom

popular sovereignty

ultimate power rests with the citizenry

political culture

commonly shared attitudes, beliefs and core values about how government should operate


sets or systems of beliefs that shape the thinking of individuals and how they view the world

political ideology

coherent set of values about the purpose and scope of governments held by groups and individuals


one who believes that a government is best that governs the least; government should not infringe on individual, personal and economic rights

social conservative

one who believes that traditional moral teaching should be supported and encouraged by the government


one who seeks to change the political, economic and social status quo to foster the development of equality and the well-being of the individuals


a person who takes a relatively centralist or middle of the road view on most political issues


one who believes in limited government interference (Conservative) but also believes in no governmental interference with personal liberties (Liberal)


one who believes in extensive government control of personal and economic liberties


economic theory designed to increase a nation’s wealth through the development of commercial industry and a favorable trade balance

French and Indian war

1756-1763; Part of larger war between England and France; English fought French in the western frontier and Canada to protect the colonists and determine ownership of land between Allegheny Mountains and Mississippi River

Sugar Act 1764

Enforced a previous tax on molasses; Basically a tax on all the goods he British sold to the Colonists (mercantilism)

Stamp Act 1765

Required printed materials to have a stamp on them; Paper Goods

quartering act 1965

Not a direct tax; Colonists had to provide living quarters for British soldiers; At Colonists expense

first steps toward independence

Stamp act, Townshend acts, Boston massacre, committees of correspondence, tea act

Committees of Correspondence

organizations in each colony to keep other colonies aware of what the British were doing

tea act

New British law that sold tea to colonists loyal to the crown cheaper than the tea the boycotting merchants could sell; result=Boston Tea Party

Boston Tea Party

1773; East India Trade Company had monopoly on importing tea and sought to bypass the merchants by selling it directly to the colonists; Goal was to provoke a government clampdown; Closed the Port of Boston and shut down the Massachusetts government

first continental congress

Colonists reaction to the Intolerable Acts
Issue: the extent of British authority over the Colonists
12 Colonies participated, 56 delegates (Georgia did not)
Held from September 5 to October 26, 1774

shot heard round the world

Lexington and Concord, April 19, 1775; 8 Minute Men died; Result: 16,000 British troops laid siege to Boston

second continental congress

May 1775 in Philadelphia; Delegates wanted to give peace another chance; Adopted the Olive Branch Petition on July 5, 1775 asking King to end hostilities
Kings response; Sent 20,000 more troops to stop the rebellion; Delegates formed an army and appointed George Washington as Commander in Chief of the Army

common sense

pamphlet by Thomas Paine; Forceful argument for Independence; Very powerful; Galvanized colonies and public against reconciliation and toward independence

declaration of independence

Philosophical document stating that certain rights were inalienable; Political document explaining that since the king had violated those rights, the colonists had the right to separate; Addressed multiple audiences

articles of confederation

Created a confederation of 13 states; Weak central government; no president, only a legislature; impractical government, giving each state one vote regardless of population, and requiring all 13 to make amendments; Prevented colonies from creating treaties; Lacked an army or navy to protect citizens; No taxing authority; Could make peace with British and appoint officers, coin money, control the post office and negotiate with the Indians

Shay’s rebellion

angry farmers; while off fighting their farms are being taken by the gov because they haven’t been paying while away at war so they decide to burn down the court houses; gets out of control quick and the central gov doesn’t have enough power to put down the rebellion

constitutional convention 1787

13 states invited to fix the article of confederation; Rhode Island does not attend; decide to write the US Constitution instead of fixing the articles; secret; chairman=George Washington; Philadelphia

great compromise

Virginia plan-representation based on population; favors large states (big state plan)
new jersey plan-all states get equal representation (small state plan)
Connecticut plan-equal representation in Senate (2 per state) and representation based on population in the House

3/5 compromise

1790; count all free people and 3/5 of the salves’ vote

US constitution

Came from the people – “We the People”
Purpose – “in order to form a more perfect Union”
Goals: ‘establish justice, Insure domestic Tranquility, Provide for the common defenses,Promote the general Welfare, and Secure the Blessings of Liberty to ourselves and our Posterity; Formally created new government

goals of the constitution

A central government strong enough to promote commerce and protect property against infringement by the states; Prevent “excessive democracy”; Emphasize ideas that would generate public support; Restrain the federal government from impinging on liberties and property rights


makes laws


enforces laws


interprets laws

checks and balances

affects appointments; Judicial review; congressional control over judiciary: jurisdiction, impeachment-house, removal-senate


Separates power between States and National Government; A system in which the national government shares power with lower levels of government

article 1

Legislative Branch (article)

article 2

executive branch (article)

article 3

judicial branch (article)

article 4

deals with states (article)

article 5

formally amending the constitution (article)

article 6

supremacy clause (article)

article 7

ratification process (article)

legislative branch

Most powerful branch of new government
Two chambers: House and Senate (Bicameral)
Sets the qualifications and terms for both legislative offices
Sets up system of apportionment with census every 10 years
Each has different powers
Each is accountable to a different constituency
Different term lengths (2 yrs. House, 6 yrs. Senate)
Share some powers with the other branches

executive branch

U.S. President
President has the authority to execute the laws of the United States
Sets Term of office at four (4) years
Explains the Electoral College
Lists the qualifications of U.S. President
Provides way to replace the President
Gives Powers of the President (limited)
Requires a State of the Union Address

powers and duties of the president

Commander in Chief of the Armed Forces; Authority to make treaties (must be approved by Senate)
Appointment Power; Ambassadors; Other Public; Ministers; Consuls; Judges of the Supreme Court; All other officers of the United States

judicial branch

Establishes a Supreme Court and determines its jurisdiction
Congress was given the power to create other lower courts
Federal Courts can hear cases arising out of national law
Supreme Court Judges
Appointed by the President
Confirmed by the Senate
Serve for life


federalists vs. antifederalists
federalists: supported new constitution; argument-its either the new constitution or it’s chaos
antifederalists: did not want the new constitution; arguments- 1. didn’t have the power to do what they did so don’t reward them 2. central gov has too much power 3. no bill of rights 4. article 2-executive branch=king

bill of rights

Limits the National government by making the National government guarantee; rights of the people

Marbury vs. Madison

issue of judicial review

unitary system

dominated by the central or national government, in which lower levels of government have little independent power

supremacy clause

when there is a conflict between federal and state law, federal law prevails

police powers

A given state has the ability to develop and enforce criminal codes, administer health and safety rules, and regulate marriage and divorce laws

10th amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

reserved powers

powers that are not specifically delegated to the national government or denied to the states, are derived from the Tenth Amendment

concurrent powers

The states and the federal government also share certain powers

Powers denied to the national government

-Congress cannot favor one state over another in regulating commerce
-Congress cannot tax goods exported from one state to another state
-National Government cannot grant titles of nobility
-Employees of government cannot accept salaries or gifts from foreign nations

Powers denied to the state and national governments

-Cannot take arbitrary actions affecting constitutional rights and liberties
-Cannot pass a bill of attainder, a law declaring an act illegal without a judicial trial
-Cannot pass ex post facto laws, a law that punishes you for doing something before it is a criminal act

full faith and credit clause

Article IV, Section 1; states give this to each other’s “public acts, records, and judicial proceedings


agreements between states to deal with issues that cross state lines, such as environmental concerns and transportation systems

home rule

a guarantee of noninterference in various areas of local affairs

McCulloch v. Maryland

case that greatly expands power of the National Government

Gibbons v. Ogden

case that deals with Interstate Commerce

Barron v. Baltimore

case that deals with limiting the bill of rights

dual federalism

a constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others

Chief Justice Roger B. Taney

emphasizes the authority of states to make laws; Creates Dual Federalism-separate but equal state and national governments; Layered cake symbolism

16 amendment

income tax (amendment)

new deal

Franklin Roosevelt; role of the federal government increased; In 1937, the U.S. Supreme Court issued a series of decisions that expanded the federal government’s power under the commerce clause to protect the rights of workers, extend low-interest credit to farmers and small businesses, and restrict the activities of corporations with dealings in the stock market

cooperative federalism

model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities


funds provided by the federal government to a state or local government for a specific purpose

formula grants

grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

Morton Grodzins’s cake analogy

Dual federalism as layer cake; Cooperative federalism as marble cake

regulated federalism

With increased funding, the federal government demanded higher standards and stricter uses for funds, allocated federal funds by a specific purpose of specific formula


occurs when state or local actions do not agree with national requirements

unfunded mandates

rules forcing states to spend their own money to comply with federal law


transferring responsibility from the federal government to state or local governments

new federalism

Efforts by presidents Richard Nixon and Ronald Reagan to devolve many policies back to the states

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

general revenue sharing

process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula

programmatic requests

Formally known as earmarks; Federal funds designated for special projects within a state or congressional district that direct specific exemptions from taxes or mandated fees

judicial federalism

Supreme Court:
-Umpire is settling federalism disputes
-Position had been to expand National Government power
Rehnquist Court:
-Dominated by Conservatives
-U.S. vs. Lopez
Roberts Court:
-Early cases have been to favor the national government, somewhat
-Still too early to decide Roberts Court position

redistributive programs

economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor

political efficacy

ability to influence government an politics


informed and active membership in a political community

political equality

all citizens are the same in the eyes of the law

indigenous people

origin is unclear; were not a homogenous group; may have been as many as 100 million; decimated by early European settlers

majority rule

government can only legitimately operate if 50% or more of its people support its principles


large emphasis on the individual; have certain unalienable rights


ruled by one ruler; king

American dream

belief in the idea of happy life, being successful and making a better life for your children

indirect democracy

people vote for representatives who work on their behalf


government in which the interests of the people are represented by more educated or wealthier citizens who were responsible to those who elected them


landed in Massachusetts by mistake in 1620; came for religious reasons; strict code of authority and obedience; stressed importance of individualism


government by the few in the service of the many

religious tolerance

when people allow other people to think about god(s) in ways that they do not think are true; tolerate any and all religions


the form or system of rule by which a state, community, etc., is governed


the character of an individual viewed as a member of society; behavior in terms of the duties, obligations, and functions of a citizen

natural law

doctrine that society should be governed by certain ethical principles that are part of nature and understood by reason

popular consent

government must draw its power from the people; john locke

public policy

the principles, often unwritten, on which social laws are based

social contract

an implicit agreement among the members of a society to cooperate for social benefits


a centralized government system in which lower levels of government have little power independent of the national government

privileges and immunities clause

provision, from article 4, section 2, of the constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges

concurrent powers

authority possessed by both state and national governments (power to levy taxes)

categorical grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by the law

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent


a system of gov in which states retain sovereign authority except for the powers expressly delegated to the national gov

bill of attainder

a law that declares a person guilty of a crime without a trial

dual federalism

the system of gov that prevailed in the US from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments

expressed powers

specific powers granted by the constitution to congress and to the president

commerce clause

delegates to congress the power “to regulate commerce with foreign nations, and among the several states and with the indian tribes”; this clause was interpreted by the supreme court in favor of national power over the economy

regulated federalism

a form of federalism in which congress imposes legislation on states and localities, requiring them to meet national standards

ex post facto

laws that declare an action to be illegal after it has been committed

implied powers

powers that are not specifically expressed in the constitution but are seen as necessary to allow presidents to exercise their expressed powers

states’ rights

the principle that the states should oppose the increasing authority of the national government; this principle was most popular in the period before the civil war

civil liberties

areas of personal freedom constitutionally protected from government interference

Allgeyer v. Louisiana

Due process of 5th amendment same as due process in the 14th amendment
States had to prove laws were a valid exercise of state power
Needed to prove their laws regulated – health, welfare and public morals

Gitlow v. New York

Gitlow was a Socialist
Printed a manifesto to urge workers to overthrow the government
This was in violation of a New York sedition law
Gitlow was convicted of violating the New York sedition law
If guilty attack the law
Ruling of the U.S. Supreme Court was that Freedom of Speech and Freedom of Press applied to the states due to the 5th and 14th
Doctrine of Incorporation was created with 1st amendment applied to the states

Palko v. Connecticut

the Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated into the Fourteenth Amendment as a restriction on the powers of the states.
Palko basically left states where they were before the 14th Amendment
However, Supreme Court has made most of the rights of the Bill of Rights applicable to the states especially since 1961
Done through Selective Incorporation

Lemon test

1971, Lemon v. Kurtzman created a three prong test for church and state issue
Activity must have a legitimate secular purpose
Activity must neither advance nor inhibit religion
Activity can not foster excessive government entanglement with religion

the alien and sedition acts

1798, federalist law banning criticism of federalists dominated national government; law expired under Jefferson administration and Jefferson pardoned all convicted under this law

Free Exercise Clause

Can believe and practice religion of one’s choice
Can hold no religious beliefs without consequence
As long as it does not harm others in the name of religion (or lack thereof), it is protected.
Trend appears to be that governmental interests can outweigh free exercise rights especially if religious beliefs are
Held by a minority of people
Unpopular or “suspicious”
However, cannot unfairly target one religion

symbolic speech

symbols or signs as a means of expression; 1st case o recognize this was Stromberg v. California in 1931; protected speech


a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is malicious, scandalous, and defamatory

habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention; article 1

grand jury

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence

double jeopardy

cannot be tried twice for the same crime in the same jurisdiction

exclusionary rule

bars the use of illegally seized evidence in a trial; weeks v. US 1914 established this rule

impartial jury

Cannot exclude Hispanics with a Hispanic defendant
Cannot exclude all African Americans from jury
Cannot exclude prospective jurors based on sex

bill of attainder

a law that declares a person guilty of a crime without trial

clear and present danger test

test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

speech plus

speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the 1st amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order


and oral statement made in reckless disregard of the truth that is considered damaging to the victim because it is malicious, scandalous, and defamatory.

prior restraint

an effort by governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in US, the courts forbid prior restraint except under the most extraordinary circumstances

due process of law

the right of every individual against arbitrary action by national or state governments

Miranda rule

the requirement, articulated by the supreme court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

eminent domain

the right of the government to take private property for public use

right to privacy

the right to be left alone, which has been interpreted by the supreme court to entail individual access to birth control and abortions

civil rights

individual rights; bill of attainder, habeas corpus, ex post facto; obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens


right to vote

amicus curiae belief

“friend of the court” individuals or groups who are not parties to a lawsuit but who seek to assist the supreme court in reaching a decision by presenting additional beliefs

Jim crow laws

laws enacted by southern states following reconstruction that discriminated against African Americans

equal protection clause

14th amendment; guaranteeing citizens the equal protection of the laws; this clause has been the basis for the civil rights of African americans, women, and other groups


use of any unreasonable and unjust criterion of exclusion

strict scrutiny

a test used by the supreme court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

affirmative action

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities


a practice of referring a proposed law passed by a legislature to the vote of the electorate for approval or rejection

separate but equal

doctrine that public accommodations could be segregated by race but still be considered equal

intermediate scrutiny

a test used by the supreme court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

black codes

laws denying rights to free slaves


Brown v. Board of Education II (1955)
Ordered segregated schools to be dis-mantled ASAP
Federal Court given duty of enforcement
Southern school districts mostly rejected
Central High School in Little Rock, Arkansas
Gov. Faubus had called National Guard to stop African-Americans from enrolling
Federal Courts ordered Arkansas to admit minority students
President Eisenhower sent Federal troops to Little Rock
Little Rock nine were admitted to Central High School

federalist papers

a series of essays written by alexander Hamilton, James Madison, and john jay supporting ratification of the constitution

electoral college

the electors from each state who meet after the popular election to cast ballots for president and vice president

separation of powers

the division of governmental power among several institutions that must cooperate in decision making

elastic clause

article 1, section 8 (necessary and proper clause) enumerates the powers of congress and provides congress with the authority to make all laws necessary and proper to carry them out

delegated powers

constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first

necessary and proper clause

article 1, section 8; provides congress with the authority to make all laws necessary and proper to carry out its expressed powers

inherent powers clause

powers constituted to the president that are not expressed in the constitution but are inferred from it


a legislative body having two branches (house and senate)

limited government

a principle of constitutional government; a government whose powers are defined and limited by a constitution


oppressive government that employs cruel and unjust use of power and authority


the dominant social system in medieval Europe, in which the nobility held lands from the Crown in exchange for military service, and vassals were in turn tenants of the nobles, while the peasants (villeins or serfs) were obliged to live on their lord’s land and give him homage, labor, and a share of the produce, notionally in exchange for military protection.

divine right

The doctrine that kings and queens have a God-given right to rule and that rebellion against them is a sin

intolerable acts (colonists)/ coercive acts (British)

1774; the American Patriots’ name for a series of punitive laws passed by the British Parliament in 1774 after the Boston Tea party. They were meant to punish the Massachusetts colonists for their defiance in throwing a large tea shipment into Boston harbor; coercive acts; total blockade of boston harbor until paid for tea; denied people of boston many necessary food items


withdraw from commercial or social relations with (a country, organization, or person) as a punishment or protest

declaration of rights and resolves

First Continental Congress (also known as the Declaration of Colonial Rights, or the Declaration of Rights), was a statement adopted by the First Continental Congress on October 14, 1774, in response to the Intolerable Acts passed by the British Parliament

enumerated powers clause

list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authority of Congress.; Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights; the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

national census

the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population; every 10 years

committee of unfinished business

proposed that a presidential term be for 4 years and they could serve for more than one term

compulsory tithing

income tax paid to the church


the action of extraditing a person accused or convicted of a crime


the act of cancelling something; south Carolina claimed states have the rights to declare federal law void


Works Progress Administration (renamed in 1939 as the Work Projects Administration); the largest and most ambitious American New Deal agency, employing millions of unemployed people (mostly unskilled men) to carry out public works projects, including the construction of public buildings and roads.

comity clause

article 4, section 2; (also known as the Privileges and Immunities Clause), which ensures that “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

court packing plan

a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court


a country, state, or territory ruled by a king or queen

great society

a domestic program in the administration of President Lyndon B. Johnson that instituted federally sponsored social welfare programs

progressive federalism

Movement that gives state officials significant leeway in acting on issues normally considered national in scope
Supported by Obama Administration
Allows states to be laboratories for the whole country
However, states are going in different directions

doctrine of incorporation

Barron v. Baltimore – Bill of Rights NOT apply to states
14th Amendment passed in 1868
Allgeyer v. Louisiana
Due process of 5th amendment same as due process in the 14th amendment
States had to prove laws were a valid exercise of state power
Needed to prove their laws regulated – health, welfare and public morals
States passed sedition laws restricting freedom of speech

selective incorporation

Palko v. Connecticut (1937): the Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated into the Fourteenth Amendment as a restriction on the powers of the states.
Palko basically left states where they were before the 14th Amendment
However, Supreme Court has made most of the rights of the Bill of Rights applicable to the states especially since 1961
Done through Selective Incorporation
Process of making most of the Bill of Rights apply to the states
Done through a series of court cases
Those rights that do not apply to the states
Quartering of soldiers, 3rd amendment
Grand jury indictment, 5th amendment
Jury Trial, 7th amendment
Rest of Bill of Rights applies to the states

Doctrine of reverse incorporation

Since Due Process is same in 5th and 14th Amendments
14th requires Equal Protection of the Law by States
States cannot give Due Process without Equal Protection
So the National Government in giving Due Process must also give Equal Protection
Therefore, 14th Amendment means no government entity not just no State even though State is capitalized
Therefore, both State and National governments must give Equal Protection of the Laws

reserve powers clause

found in the 10th Amendment, established that any power not specifically delegated to the national government reverts to the states

establishment clause

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress

espionage act of 1917

a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I; 2,000 plus American convicted under this law; schneck v. US

self incrimination

the act of exposing oneself (generally, by making a statement) “to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof.

fruit of the poisonous tree doctrine

an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial


1920-1933; the legal act of prohibiting the manufacture, storage in barrels, bottles, transportation and sale of alcohol including alcoholic beverages. The term can also apply to periods in the histories of countries during which the prohibition of alcohol was enforced.


the action or state of setting someone or something apart from other people or things or being set apart

political gerrymandering

a practice that attempts to establish a political advantage for a particular party or group by manipulating district boundaries to create partisan advantaged districts


Equal Employment Opportunity Commission; The agency that is responsible for enforcing federal laws regarding discrimination against a job applicant or an employee in the United States

sexual discrimination

discrimination in employment and opportunity against a person (typically a woman) on grounds of sex

de facto discrimination

discrimination that was not segregation by law (de jure). Jim Crow Laws, which were enacted in the 1870s, brought legal racial segregation against black Americans residing in the American South

de jure discrimination

enforced by law, while de facto segregation occurs when widespread individual preferences, sometimes backed up with private pressure, lead to separation

title IX

is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity


a form of affirmative action, bus children to schools where they could get a better education

Massachusetts general court

the state legislature of the Commonwealth of Massachusetts. The name “General Court” is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases

chaotic period

1781-1789; congress rarely could get requisite numbers of states, nine to even convene to do any business; congress had no power to tax so they could not pay the war debt; Congress was basically ineffective – rarely met and when did rarely did much
No Executive Branch
No National Judicial Branch
States were stabbing each other in the back with foreign negotiations
A state could entered into a treaty with a foreign nation hurting another state
Pennsylvania and Virginia actually went to war over western lands

minority protection

majority rules but laws still protect the minority; normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities; and also the collective rights accorded to minority groups. Minority rights may also apply simply to individual rights of anyone who is not part of a majority decision

personal equality

personal liberty- government provides this according to the 14 amendment; the state of being equal, especially in status, rights, and opportunities

judicial review

the doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution (Chapter 2 question 47)