Glossary

1st Amendment

part of the Bill of Rights that forbids Congress from making laws infringing on individual’s rights to religion, speech, press, assembly, and petition.

4th Amendment

part of the Bill of Rights that protects individuals from “unreasonable searches and seizures.” That means that the government cannot simply enter someone’s house and search through their belongings without a good reason.

8th Amendment

part of the Bill of Rights that forbids the federal government from inflicting “cruel and unusual punishment,” requiring excessive bail, or imposing excessive fines.

13th Amendment

the amendment to the U.S. Constitution that abolished slavery.

14th Amendment

Section 1 of the 14th Amendment says “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

17th Amendment

ratified in 1913, this amendment allows voters to directly elect their senators. Prior to this amendment senators had been elected by state legislatures.

19th Amendment

the amendment to the U.S. Constitution that grants women the right to vote.

22nd Amendment

an amendment to the Constitution ratified in 1951 which limits the president to two terms or a maximum of 10 years (if the president ascends to the office with less than two years left in the previous president’s term) in office.

23rd Amendment

the amendment to the U.S. Constitution that guarantees voters in the District of Columbia the right to participate in presidential elections by granting DC three electoral votes.

24th Amendment

the amendment to the Constitution that prohibits poll taxes in federal elections.

26th Amendment

the amendment to the Constitution that extended the right to vote in state and federal elections to those 18 or older.

abolitionists

people who favor the abolition, or dismantling, of a certain practice or institution; in United States history, the term is generally used to describe people who favored the abolition of slavery.

absentee ballot

a ballot completed by the voter and mailed or dropped off before election day. States have different rules for absentee ballots.

adjourn

to end something, such as a meeting, with the intention to resume later.

allotment

federal policy of breaking up Indian reservation land into privately, individually owned property.

Amish

members of a strict Mennonite Christian sect, many of whom live a very traditional, modest lifestyle based on their faith and traditions. This includes living and being educated in their own communities, dressing in a particular way, and avoiding the use of certain modern technologies.

amnesty

a pardon given to a group of people, usually to a group of people who have committed a particular crime or offense.

appealed

formally requested that a lower court decision be examined and reconsidered by a higher court.

appropriating

devoting or setting aside money or resources for a particular purpose.

Article 1 of the U.S. Constitution

section of the Constitution that details the qualifications, terms of office, and duties of members of Congress; the powers given and denied to Congress; and the legislative process (how laws are made).

Article 2 of the U.S. Constitution

section of the Constitution that details the qualifications, election, and duties of the president and establishes the president as the head of the executive branch.

Articles of Confederation

the original constitution of the United States. It was passed in 1781 but was replaced by the current U.S. Constitution in 1789.

attorney general

the head of the U.S. Department of Justice.

autonomy

authority to self-govern.

Axis Powers

the side of World War II that included Germany, Japan, and Italy.

boarding schools

a school where students live at the school instead of in their homes while they attend.

birthright citizenship

Established by the 14th Amendment, it is the official legal citizenship status in the U.S. achieved by being born in U.S. territory or born to one or more U.S. parents.

bipartisan

involving the agreement or cooperation of two political parties that usually oppose each other.

block grants

federal funding given to states to achieve an outcome but with few strings attached about how the money must be spent.

bully pulpit

a term coined by President Theodore Roosevelt that means a position of authority from which a person has the opportunity to speak out and be listened to on any matter.

bureaucracy

the government administration; the non-elected people, agencies, and processes that run the day-to-day business of the government.

Bureau of Indian Affairs

a group of advisors to the president made up of the heads of the different departments in the government’s executive branch.

cabinet

a group of advisors to the president made up of the heads of the different departments in the government’s executive branch.

charter of rights

an official statement of citizens’ guaranteed rights.

Citizenship Clause (14th Amendment)

a part of the 14th Amendment that says that anyone born or naturalized in the U.S. is a citizen.

commander-in-chief

officer in supreme command of a country’s armed forces.

commerce

the buying and selling of goods.

Commerce Clause

the part of the Constitution that says Congress has the power to pass laws about the buying and selling of goods and services between the states.

compelling

very important and persuasive.

compulsory

mandatory, without choice.

confederacy

a loose union of sovereign states.

constitutionality

the state of being allowed by or contained in the Constitution.

cooperative federalism

era of federalism (1901-1960) in which the federal government and state governments coordinated efforts.

corporal punishment

physical punishment such as paddling.

Civil Rights Movement

the struggle for racial equality and justice in the 1950s and 60s in the United States.

civil disobedience

refusing to obey laws, orders, and policies of the government as an act of protest.

civil suit

legal dispute between two or more parties, a lawsuit.

cultural assimilation

the process of becoming fully part of and adopting the customs of a society.

de facto

segregation (setting apart by race) not based in law, but in fact or circumstance.

delegated

gave one’s power to another person.

de jure

segregation (setting apart by race) set by law.

desegregation

the process of ending racial segregation.

devolution

the process of returning authority and duties to states from the federal government causing decentralization.

Devolution Revolution

era of federalism (1970-present) during which some powers once expanded to the federal government were returned to state and local governments.

direct election (to directly elect)

a system of choosing office holders where voters cast ballots directly for the person or political party they want to see elected.

discretion

the freedom to decide what to do in a given scenario.

discrimination (to discriminate)

when someone is treated differently just because of certain characteristics, like their race or gender.

discriminatory

when an unfair distinction is made between different categories of people or things, especially on the grounds of race, national origin, sex, or age.

disenfranchise (to disenfranchise)

to prevent or deprive a person or group of people from having a legal right, particularly the right to vote.

dispossession

the act of taking someone’s land or other property.

double jeopardy

prosecuting someone twice for the same crime.

dual federalism

era of federalism (1789-1901) in which the federal government and state governments exercised almost exclusive authority over their areas of jurisdiction.

Due Process Clause (14th Amendment)

the part of the 14th Amendment that says the states cannot take away someone’s life, liberty, or property without due process of law. “Due process of law” means that the government must follow certain procedures, like a trial. These procedures are different depending on what the government is trying to take away.

due process rights

unenumerated rights arising out of the Due Process clause which prohibits the states from depriving “any person of life, liberty, or property without due process of law” including having fair legal procedures.

Elastic Clause

the part of the Constitution that grants Congress the power to pass laws that are needed to carry out the powers specifically given to them in the Constitution (also known as the Necessary and Proper Clause).

Electoral College

a group of people representing the states of the United States who cast the formal votes for the election of the president and vice president.

endorsement

show of public support or approval for.

Enlightenment

era in the 17th and 18th centuries in Europe sometimes called the "Age of Enlightenment." It also refers to the philosphical movement that took place that emphasized individualism and reason instead of religion.

enumerated powers

the powers of Congress specifically listed in Article 1, Section 8, Clauses 1–17 of the Constitution.

emancipation

the process of freeing someone or being freed from slavery.

Establishment Clause (1st Amendment)

part of the First Amendment that states, “Congress shall make no law respecting an establishment of religion.” This clause forbids the federal government from mandating a national religion.

ethics

the moral principles that shape the way a person or group behaves.

Equal Access Act

passed in 1984, a law that prohibits publicly funded schools from denying students the ability to meet due to the “religious, political, philosophical, or other content of the speech at such meetings.”

Equal Protection Clause (14th Amendment)

the part of the 14th Amendment that guarantees that individuals are treated equally regardless of their race, gender, religion, nationality, or other characteristics.

excluded

denied access to a place, group, privilege, or activity.

exclusionary rule

rule that prohibits the use by the government of illegally obtained evidence in a criminal trial.

executive branch memorandum

an order from the president to an executive agency that is very similar to an executive order but the process for creating one is less formal and has fewer requirements.

executive functions

duties that deal with the day-to-day running of the government as an institution and enforcement of laws.

executive order

orders from the president to agencies of the executive branch that have the force of law but do not need Congressional approval.

executive privilege

the idea that a president can keep certain information private from Congress, the courts, or the public.

Executive Order #10730

an executive order issued by President Dwight D. Eisenhower in 1957 deploying federal troops to Little Rock, Arkansas to enforce the Brown decisions by escorting Black students to school.

expectation of privacy

opinion that a situation or location is private.

expressed power

a power of the president explicitly written out in Article 2 of the Constitution including the power to command the military, meet with foreign ambassadors, make treaties with other countries, and more.

federal

relating to the national government.

federal government

the level of government that controls the United States as a whole rather than just a single state.

federalism/federal system of government

a system of government that divides power between the state governments and the national government.

Federalists

  1. a previous action that serves as a guide for how others should behave in similar situations in the future.
  2. a court decision on a legal question that guides future cases with similar questions.

felon

criminals who have been convicted of serious crimes.

fiscal federalism

the federal (national) government uses grant money to influence state policies.

foster care system

a temporary, government run service that places young people into the care of others to support their safety and well-being.

franchise (the)

sometimes called suffrage or political franchise this word means the right to vote in public political elections.

Free Exercise Clause (1st Amendment)

the part of the First Amendment that protects the right to freely exercise one’s religion: “Congress shall make no law … prohibiting the free exercise” of religion.

free speech

freedom of an individual or a community to speak or express opinions and ideas without fear.

Free Speech Clause (1st Amendment)

part of the First Amendment that states, “Congress shall make no law…prohibiting the freedom of speech.”

free press

part of the First Amendment that states, “Congress shall make no law…prohibiting the freedom of speech.”

Full Faith and Credit Clause

found in Article 4 of the Constitution, this clause requires states to recognize some actions of other states: “Full faith and credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

grandfather clause

regulations that waived voting restrictions for descendants of men voting before the Civil War allowing some states to pass restrictions which prevented Black voters from voting but not their white counterparts.

Great Depression

an extended period of severe international economic crisis beginning with the stock market crash of October 1929, which led to significant unemployment, deflation, loss of investment values, bank closures, and more.

Haudenosaunee

a confederation or alliance among six Native American nations who are more commonly known as the Iroquois Confederacy.

immune

protected or exempt from something, such as from facing legal action.

idolatry

the worshipping of idols.

impede

delay or get in the way of.

imperial

of or relating to empire.

impoundment

presidential order to executive agencies directing them not to spend funds that Congress had appropriated for their use.

implied powers

powers that are not specifically listed in the Constitution. Instead, they are permitted by the Necessary and Proper Clause and inferred from other expressly stated powers.

inadmissable

not able to be admitted as evidence in a trial.

Indigenous

people who lived in a place from the earliest times.

incorporation/selective incorporation

the extension of most of the rights guaranteed in the Bill of Rights to the states through the 14th Amendment's Due Process Clause over time through Supreme Court decisions.

Indian Removal Act

a law passed by Congress and signed by President Andrew Jackson in 1830 that empowered Jackson to move Native Americans to land west of the Mississippi River in exchange for their current land, most of which was in the Southeastern United States. Many Native Americans were forcibly removed by the government in what became known as the Trail of Tears.

informal power

powers not listed in the Constitution including inherent powers and other powers presidents have acquired over time, such as the use of executive orders to avoid legislation and the use of the media to further an agenda.

inherent powers

implicit or unwritten presidential powers derived from the phrase in Article 2, Section 1 of the Constitution, which states that “the executive Power shall be vested in a President,” (called the “Vesting Clause”) and Article II, Section 3 which states presidents shall, “take care the laws be faithfully executed” (called the “Take Care Clause”).

insubordination

a refusal to obey orders or authority.

internment camps

places that imprison large groups of people who have not been charged with or found guilty of a crime.

interstate commerce

the buying and selling of goods between states.

intrastate commerce

buying and selling of goods within state borders.

Jehovah’s Witnesses

a branch of Christianity that considers saluting or pledging allegiance to state symbols as sacrilege.

joint resolution

a proposed change to law, often temporary or time-sensitive, which is introduced in identical form and passed simultaneously in the House of Representatives and the Senate.

judicial review

the power of the courts to decide whether a law or decision by the government conflicts with the Constitution.

jurisdiction

the power to make legal decisions.

land held in trust

land that is held by one group for the benefit of another, as part of an agreement between the two parties. In this case, the Department of the Interior gets the title to a land and holds it for the benefit of a tribe or individual tribal members.

literacy test

a test that determines a person’s ability to read and write.

mandate

when a person from another country becomes a citizen of a new country.

Massive Resistance

the campaign waged by southern states to resist desegregation after it was mandated by the Brown v. Board of Education decisions in 1954 and 1955.

minor(s)

a child; a person under the legal age of adulthood, usually 18 or 21.

Miranda warning

warnings that law enforcement officers are required to give to suspects who are in custody and being interrogated. These include the right to counsel, the right to remain silent, and the warning that anything they say may be used against them in court.

naturalized/naturalization

when a person from another country becomes a citizen of a new country.

Necessary and Proper Clause

the part of the Constitution that grants Congress the power to pass laws that are needed to carry out the powers specifically given to them in the Constitution (also known as the Elastic Clause).

nonsectarian

not belonging to or related to any particular religious group.

land titles

proof of property ownership.

legitimate interest

compelling and necessary reason.

liability

responsibility for costs for damages caused.

line-item veto

power of many state governors to reject specific provisions in a bill or budget but still sign the remaining document in to law.

original jurisdiction

A court’s authority to hear a case for the first time (as opposed to hearing the case during a later appeal). For example, in cases involving disputes between states, ambassadors, and other public ministers and consults, the Supreme Court has original jurisdiction. 

overruled

reversed; canceled; overturned.

pardon

to forgive someone for an offense, error, or crime.

partisanship

a strong attachment to one particular political party or faction.

peremptory challenges

part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate on the basis of race.

plural executive

more than one president.

pocket veto

procedure set out in Article I, Section 7, Clause 2 of the Constitution stating that if Congress sends legislation to the president for signature but adjourns within 10 days, the president can ignore the bill, and it will not become law.

poll tax

a tax of a fixed amount of money that people must pay in order to vote.

polling place

a buiding where voting takes place during an election.

precinct

the smallest unit into which voters are grouped for the purpose of voting and/or party organizaing.

presidential immunity

the protection of the president from many, but not all, lawsuits and perhaps arrest and prosecution for some criminal charges arising from completing the president’s official duties while in office.

prior restraint

government restriction of press before publication.

preliminary hearings

court procedures that take place before a trial in which a judge or other official decides if there is probable cause and enough evidence to require a trial.

Privileges and Immunities Clause (14th Amendment)

a part of the 14th Amendment that prevents a state from treating citizens of other states unfairly.

prosecution

the bringing of criminal charges and procedures against a person by the government.

probable cause

facts that allow a reasonable person to believe evidence of a crime will be found in that location.

prosecutor

a person who works for the government who starts and carries out legal criminal proceedings.

Protestant

a member of one of the major divisions of the Christian church; Methodists, Baptists, and Lutherans are all Protestants.

public speech

speech heard by a wide audience.

racial segregation

the action or state of setting people of different races apart from one another.

ratification (to ratify)

formal confirmation of an official document giving it full legal effect. For amendments to the U.S. Consititution, ratification requires approval of 3/4 of state legislatures or 3/4 of conventions called in each state.

a search by an official with the proper authority or procedure.

reasonable suspicion

belief based on at least a reasonable conclusion using evidence; more than just a hunch but less than probable cause.

Reconstruction

(1865 – 1877) was a turbulent era following the Civil War during which Congress passed laws to bring the southern states back into the Union.

repatriation

returning something to its place of origin.

representative government

a system where people vote to elect leaders to represent their interests and concerns.

reprieve

to cancel or postpone a punishment, especially a death sentence.

republic

a state in which the power is held by the people through their elected representatives.

reservations

areas of land reserved for a tribe, usually as a part of a treaty between the tribe and the U.S. government.

revenue

money the government collects from taxes and other sources.

secession

the act of withdrawing from a position, organization, institution, or government.

self-incrimination

saying or doing something that shows oneself might be guilty of a crime.

segregation

the policy or practice of separating people of different races, classes, or ethnic groups, as in schools, housing, and public or commercial facilities, especially as a form of discrimination.

separation of powers

division of powers among the legislative, executive, and judicial branches of government to prevent any one branch from having too much power.

"slave" patrols

government sponsored force given authority to detain enslaved people who had run away from their enslavers and to control other acts of resistance by enslaved people, often violently.

sovereignty

supreme power over an area or people; the right to govern.

subpoena

official order that requires a person to give testimony in a proceeding, often to testify in court.

suffrage

the right to vote in political elections.

Supremacy Clause

the part of the Constitution that says that the Constitution and federal law are the supreme law of the land and superior to state law.

symbolic speech

non-verbal actions that convey a message (e.g., burning the flag, sit-ins, and wearing political buttons).

termination

a policy established in 1953 that called for an end to federal services and reservations and the termination of tribes as separate government entities.

Title IV

provision of the Civil Rights Act of 1964 establishing that discrimination in schools on the basis of race, color, religion, sex, or national origin violates federal law.

Title IX

provision of the Education Amendments of 1972 that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

treaty

a formal agreement between two or more countries or nations.

tribal affiliation

an association with federally recognized Indian tribes or bands.

unconstitutional

not allowed by or contained in the Constitution. If a law is unconstitutional, it will be struck down, meaning it is no longer a law.

a search by an official without the proper authority or procedure.

veto

the act of rejecting a decision, such as when a President rejects a law passed by Congress.

voir dire

from the French phrase meaning "to speak the truth." It is the screening process in which opposing laywers question prospective jurors to ensure as favorable or as fair a jury as possible.

wards

a person who is under the control of someone else.

warrant

a court order issued by a judge or magistrate, giving the police the power to search a person or a place for items related to a crime.

writ

a written order issued by a court, commanding a person to perform or stop performing a specific act.

writ of habeas corpus

a rule requiring a person under arrest to be brought into court so the government can show that they were arrested lawfully.