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The New Breed of State Legislator
The movement for term limits in the 1990s helped give rise to a new type of State legislator. Newcomers are challenging the traditional
leadership and long-established ways of legislatures in several States, including California, Michigan, Ohio, and Florida. This analysis from
State Legislatures magazine examines these trends.



T      here was a time when new members came to the legislature, were assigned seats in the back row
and made to understand that for a couple of years they should keep quiet and watch. But times have
changed. . . . Kathleen A. Stevens is a perfect example. Elected to the Maine House of Representatives
when she was only 22 years old, she's . . . perfectly comfortable challenging the powers that be and the
way things traditionally have been done.
And because of Maine's term limits, Stevens, who is now 27 and the ranking member of the House
Appropriations Committee, is at the end of her career in the House. . . . According to futurist Ed Barlow,. .
. state legislatures across the land are increasingly caught up in a subtle interplay between the new kind
of lawmaker and the term limits trend, which has both spurred and then suddenly halted their public
careers. . . . "History walks out the door when term-limited members have to leave," Barlow says. "These
are the people who know . . . how government works, why things have been done the way they [have]." .
..
[The new breed] want to get things done in a hurry. In Michigan such a lawmaker is Mark Jansen, elected
to the House only three years a g o. ... "Term limits are good because they give a person like me a chance
to take on a real position of leadership," says Jansen. . . . "There are going to be more and more people
around here who are less interested in saying that we have to do things a certain way just because that's
the way it has always been done. Instead you
Kathleen A. Stevens
are going to see a new generation of people just simply looking for a better way." . . .
The new breed is going to make it harder for legislative leaders to achieve consensus . .. That the newer
members are more likely to go find their own sources of information and background for bill research
also weakens the leadership. "I can get on line and talk to someone in China in a couple of minutes," says
[Tom] Davidson in Maine. "The Internet has . . . given new, mostly younger legislators a powerful tool for
making their own connections." . . .
As the nation's legislatures swim into the new millennium, the new breed of legislators will not only
become more numerous, but prominent as well. . . . "They are going to change the state-houses as we
know them very substantially," says Barlow. "In many ways nothing will be the same as it was before."
Analyzing Primary Sources
1. How does this author describe the "new breed" of State legislators?
2. How has the Internet changed State legislatures, in the author's opinion?
3. How do term limits enable young legislators to rise to leadership positions?
4. Why would term limits make these new legislators impatient with the old ways of governing?
Governing the States      1
In the Courtroom
Section Preview
O BJECTIVES
1. Identify and define the kinds of law applied in State courts.
2. Compare and contrast civil law and criminal law.
3. Describe the jury system.
W HY I T M ATTERS
Five forms of law make up the code of conduct by which our society is governed. One of the most important of these is common
law, which developed through precedent. Law can also be classified as either criminal or civil. Grand juries are sometimes used
to indict in criminal cases; petit juries decide cases in trials. Many States are now de-emphasizing the use of both kinds of juries.
P OLITICAL D ICTIONARY
* common law
* precedent
* criminal law
* felony
* misdemeanor
* civil law
* jury
* information
* bench trial


T     he principal function of the State courts is to decide disputes between private persons and between

private persons and government. In addition, because nearly all of these courts can exercise the power of
judicial review, they act as potent checks on the conduct of all of the other agencies of both State and local
government.
Kinds of Law Applied in State Courts
The law is the code of conduct by which society is governed. 15 It is made up of several different forms
including constitutional law, statutory law, administrative law, common law, and equity. 1. Constitutional
Law. The highest form of law in this country is based on the provisions of the United States Constitution
and the State constitutions and, on judicial interpretations of these documents.
2. Statutory Law. This form of law consists of the statutes (laws) enacted by legislative bodies, including
< Colonial courts, like this one, followed British legal tradition.
the United States Congress, the State legislature, the people (through the initiative or referendum), and
city councils and other local legislative bodies.
3. Administrative Law. This form of law is composed of the rules, orders, and regulations that are issued by
federal, State, or local executive officers, acting under proper constitutional and/or statutory authority.
4. Common Law. The common law makes up a large part of the law of each St^te except Louisiana. 16
Common law is unwritten, judge-made law that has developed over centuries from those generally accepted
ideas of right and wrong that have gained judicial recognition. It covers nearly all aspects of human
conduct. State courts apply common law except when it is in conflict with written law.
The common law originated in England. It grew out of the decisions made by the king's judges on the
basis of local customs. It developed as judges, coming upon situations similar to those found in earlier
cases, applied and
15 In its overall sense, the term law may be defined as the whole body of "rules and principles of conduct which the governing power in a

community recognizes as those which it will enforce or sanction, and according to which it will regulate, limit, or protect the conduct of its
members"; Bouvier's Law Dictionary, 3rd revision, Vol. II.
16 Because of an early French influence, Louisiana's legal system is largely based on French legal concepts, derived from Roman law.

Nevertheless, the common law has worked its way into Louisiana law.
3   Chapter 24 Section 4
reapplied the rulings from those earlier cases. Thus, little by little, the law of these cases became common
throughout England and, in time, throughout the English-speaking world. That is, the common law
developed as judges followed earlier decisions and applied the rule of stare decisis, "let the decision
stand."
American courts generally follow that same rule. A decision, once made, becomes a precedent, or a guide
to be followed in all later, similar cases, unless compelling reasons call for its abandonment and the
setting of a new precedent.
The common law is not a rigidly fixed body of rules controlled in every case by a clear line of precedents
that can be easily found and applied. Judges are regularly called on to interpret and reinterpret the
existing rules in the light of changing times and circumstances.
In other words, most legal disputes in American courts are fought out largely over the application of
precedents. The opposing lawyers try to persuade the court that the precedents support their side of the
case or that the general line of precedents should not, for some reason, be followed.
The importance of the common law in the American legal system cannot be overstated. Statutory law
does override common law, but many statutes are based on the common law. Statutes are, in effect,
common law translated into written law.
5. Equity. This branch of the law supplements common law. It developed in England to provide equity—
"fairness, justice, and right"— when remedies under the common law fell short of that goal.
Over the years, English common law became somewhat rigid. Remedies were available only through
various writs, or orders, issued by the courts. If no writ was issued to the relief sought in a case, the
courts could not act.
Those who were thus barred from the courts—for whom there was no adequate remedy at common
law—appealed to the king for justice. These appeals were usually referred to the chancellor, a member of
the king's council. By the middle of the fourteenth century, a special court of chancery, or equity, was set
up. Over time, a system of rules developed in the chancery court, and equity assumed a permanent place
in the English legal system.
A Some people feel that trial juries should be abolished. Critical Thinking Do you agree, or do you feel that juries are an important part of our
legal system? Explain your answer.
Today, the most important difference between common law and equity is this: The common law is mostly
remedial, while equity is preventative. Thus, the common law applies to or provides a remedy for
matters after they have happened; equity seeks to stop wrongs before they occur.
To illustrate this point, suppose your neighbors plan to add a room to their house. You think that a part
of the planned addition will be on your land and will destroy your rose garden. You can prevent the
construction by getting an injunction, which is a court order prohibiting a specified action by the party
named in the order.
A court is likely to grant the injunction for two reasons: (1 ) the immediacy of the threat to your property,
and (2) the fact that the law can offer no fully satisfactory remedy once your garden has been destroyed.
It is true that money damages might be assessed under common law, but no amount of money can give
back the pride or the pleasure your roses now give you.
The early colonists brought both equity and the common law to America. At first, different courts
administered the two forms of law. In time, though, most States provided for the administration of both
forms by the same courts, and the procedural differences between the two are disappearing.
Criminal and Civil Law
You have probably heard reference to criminal law and civil law. These are two other categories into
which the law is commonly classified.
Governing the States 4
Interpreting Political Cartoons According to this cartoon, what kinds of decisions do juries make? Is that an accurate interpretation of the jury
system?
'He's big, all right, and he's definitely a wolf, but it'll be up to a jury to decide whether or not he's bad."
That portion of the law that defines public wrongs—offenses against the public order—and provides for
their punishment is the criminal law. A criminal case is brought by the State against a person accused of
committing a crime. The State, as the prosecution, is always a party in a criminal case.
Crimes are of two kinds: A felony is the greater crime and may be punished by a heavy fine and/or
imprisonment or even death. A misdemeanor is the lesser offense, punishable by a small fine and/or a short
jail term.
The Civil law relates to human conduct, to disputes between private parties, and to disputes between
private parties and government not covered by criminal law. Civil cases are usually referred to as suits,
or law suits, and often lead to the award of money or a fine. Civil law can involve a wide range of issues,
including divorce and custody disputes, torts (private wrongs against a person or property), and
contracts.
The Jury System
A jury is a body of persons selected according to law who hear evidence and decide questions of fact in a
court case. There are two basic types of juries in the American legal system: (1 ) the grand jury and (2 )
the petit jury.
The major function of the grand jury is to determine whether the evidence against a person charged with
a crime is sufficient to justify a trial. The grand jury is used only in criminal proceedings. The petit jury is
the trial jury, and it is used in both civil and criminal cases.
The Grand Jury
The grand jury has from 6 to 23 persons, depending on the State. Where larger juries are used, generally
at least 12 jurors must agree that an accused person is probably guilty before a formal accusation is made.
Similarly, with smaller juries, an extraordinary majority is needed to indict, or bring the formal charge.
When a grand jury is impaneled, or selected, the judge instructs the jurors to find & true bill of indictment
against any and all persons whom the prosecuting attorney brings to their attention and whom they think
are probably guilty. The judge also instructs them to bring a presentment, or accusation, against any
persons whom they, of their own knowledge, believe have violated the State's criminal laws.
The grand jury meets in secret. Either the judge appoints or the jurors select one of their number to serve
as the foreman or forewoman. The prosecuting attorney presents witnesses and evidence against persons
suspected of crime. The jurors may question those witnesses and may also summon others to testify
against a suspect.
After receiving the evidence and hearing witnesses, the grand jury deliberates alone and in secret. They
then move to the courtroom where their report, including any indictments they may have returned, is
read in their presence.
The grand jury is expensive, cuitibersome, and time-consuming. Therefore, most of the States today
depend more heavily on a much simpler process of accusation: the information.
The Information
An information is a formal charge filed by the prosecutor, without the action of a grand jury. It is now used
for most minor offenses. More than half the States now use it in most of the more serious cases, as well.
The use of an information has much to recommend it. It is far less costly and time-consuming. Also, since
grand juries most often follow the prosecutor's recommendations, many argue that a grand jury is really
unnecessary.
The chief objection to abandoning the grand jury appears to be the fear that some prosecutors may abuse
their powers and be overzealous at the expense of both defendants and justice.
5 Chapter 24 Section 4
The Petit Jury
The petit jury, or trial jury, hears the evidence in a case and decides the disputed facts. In a very few
instances, it may also have the power to interpret and apply the law. That, however, is usually the
function of the judge.
The number of trial jurors may vary. As it developed in England, the jury consisted of "12 men good and
true." Although 12 is still the usual number, a lesser number, often six, now fills jury boxes in several
States. Today, in all the States, women, as well as men, serve on juries.
In over a third of the States, jury verdicts need not be unanimous in civil and minor criminal cases.
Rather, some extraordinary majority is needed. If a jury cannot agree on a verdict (a so-called hung jury),
either another trial with a new jury takes place or the matter is dropped.
Misdemeanor cases and civil proceedings in which only minor sums are involved are often heard without
a jury, in a bench trial, by the judge alone. In several States, even the most serious crimes may be heard
without a jury if the accused, fully informed of his or her rights, waives the right to trial by jury.
Selection of Jurors
Jurors are picked in more or less the same way in most States. Periodically, a county official 17 or special
jury commissioners prepare a list of persons eligible for jury service. Depending on the State, the lists are
drawn from the poll books, the county tax rolls, motor vehicle and drivers license lists, and even public
utility and telephone company billings.
The sheriff serves each person with a court order, a writ of venire facias, meaning "you must come." After
eliminating those who, for good reason, cannot serve, the judge prepares a list of those who can: the
panel of veniremen. Persons under 1 8 and over 70 years of age, illiterates, the ill, and criminals are
commonly excluded. In many States, those in occupations vital to the public interest or for whom jury
service would mean real hardship are often excused, too.
As with the grand jury, the States are moving away from the use of the trial jury. Leading reasons are the
greater time and cost of jury trials. The competence of the average jury and the impulses that may lead it
to a verdict are often questioned, as well. Much criticism of the jury system is directed not so much at the
system itself as at its operation.
Several things should be said in favor of the jury system, however. It has a long and honorable place in
the development of Anglo-American law. Its high purpose is to promote a fair trial, by providing an
impartial body to hear the charges. A jury tends to bring the common sense of the community to bear on
the law and its application. The jury system gives citizens a chance to take part in the administration of
justice, and it fosters a greater confidence in the judicial system.
17lt may be the clerk of the court, the sheriff, the county governing body, or the presiding judge; in New England, it is officers of the town.

Key Terms and Main Ideas
1. Define common law, criminal law, and civil law.
2. What is the difference between a felony and a misdemeanor?
3. Name two kinds of juries, and tell what they do.
4. What does it mean when a judge follows a legal precedent?
Critical Thinking
5. Checking Consistency Most processes of government in this country must be open to public scrutiny, but a grand jury works in
secret, (a) Why do you think this is so? (b) Do you think this secrecy is a good idea? Explain your answer.
6. Identifying Alternatives Describe a situation in which someone might seek an injunction. Then write a brief
argument in favor of granting the injunction and a brief argument against granting this remedy.
Take It to the Net
7. Read about grand juries and how they operate in the American judicial system. Create an outline of the most important facts
about grand juries. Then tell which fact you found most surprising and why. Use the links provided in the Social Studies area at
the following Web site for help in completing this activity, www.phschool.com
Governing the States 6
SKILLS FOR LIFE
Serving on a Jury
mzENsM

S     omeday you may receive a notice ordering you to appear for jury duty. This is a rare opportunity to
observe the U.S. justice system at work. That system relies on the participation of ordinary citizens in the
judicial process.
Potential jurors are selected from voting lists and summoned to appear at court. How long they must
serve varies from place to place. People with certain hardships, such as health, language, or job problems,
may be excused from jury duty.
When you arrive at the courthouse, you might be dismissed without having served at all. Or you might
be chosen to appear for jury selection. In this phase, lawyers for both sides question potential jurors and
select those they think will be favorable to their side. Many people still are rejected at this stage.
If you are chosen for a jury, you and the other jurors will receive instructions prior to the start of trial. The
following steps are adapted from those instructions:
1. Do not be influenced by bias. Your decision should not be affected by any sympathies or dislikes you might
have for either side in the case. How might you avoid biased thinking?
2. Follow the law as it is explained to you. Your job is to determine whether or not someone broke the law,
regardless of whether you approve of the law. Would you find this requirement difficult? Explain.
3. Remember that the defendant is presumed innocent. The government has the burden of proving a defendant
guilty beyond a "reasonable doubt." If it fails to do so, then the verdict must be "not guilty." What does
"reasonable doubt" mean to you?
4. Keep an open mind. Do not form or state any opinion about the case until you have heard all the evidence,
the closing arguments
of the lawyers, and the judge's instructions on the applicable law. Why is it important for jurors to base
their opinions on evidence and testimony alone?
5. During the trial, do not discuss the case.
Do not permit anyone, including fellow jurors, to talk about the case with you or in your presence. Avoid
media coverage of the case once the trial has begun. What is the reason for this rule?
Test for Success
Under "three strikes" laws in several States, a person who commits a third felony can be jailed for 25 years to life. Such laws are
aimed to keep violent, habitual criminals behind bars. But the laws are also being applied to nonviolent crimes, such as stealing
a bicycle. Some juries have resisted convicting people they know are guilty because the possible penalties are so harsh. If you
were a juror on such a case, would you vote to convict? Cdhsider the instructions to jurors given on this page.
3X3706          Chapter 24
The Courts and Their Judges
Section Preview
O BJECTIVES
1 . Explain how State courts are organized and describe the work of each kind of State court.
2. Examine and evaluate the different ways that judges are selected.
W HY I T M ATTERS
State courts hear tens of thousands of cases each year—criminal and civil. Many of those cases involve only minor offenses or
routine disputes. Others involve horrific crimes or quarrels involving millions of dollars.
P OLITICAL D ICTIONARY
* Justice of the Peace
* warrant
* preliminary hearing
* magistrate
* appellate jurisdiction


T     hey deal with everything from traffic tickets to murder, from disputes over nickels and dimes to

settlements involving millions. They are the State courts and the judges who sit in them. In this section,
you will read about the way these courts are organized.
Organization
Each of the State constitutions creates a court system for that State; most of these constitutions leave the
many important details of court organization to the legislature. The following are some of the common
features of those State and local court systems.
Justices of the Peace
Justices of the Peace—JPs—stand on the lowest rung of the State judicial ladder. They preside over what are
commonly called justice courts.
JPs were once found nearly everywhere in the country. They have been gradually disappearing for
several decades now. In their day—in fact, until
well into the 1900s—they served a useful purpose. Travel was difficult, and much of the nation's
population was rural. Through a justice court, people could obtain a hearing for a minor offense quickly.
Time has largely passed JPs by, however. They and their justice courts have been done away with in
many States. However, JPs can still be found in many smaller towns and rural areas.
JPs are usually popularly elected. For the most part, JPs try misdemeanors, which are cases involving
such petty offenses as traffic violations, disturbing the peace, public drunkenness, and the like. They can
almost never settle civil disputes involving more than a few hundred dollars. They do issue certain kinds
of warrants, hold preliminary hearings, and often perform marriages.
► Judge Roy Bean (seated at table, at left) tries an accused horse thief in Langtry, Texas, in 1900. In the West of that time, JP's often were
"the law" in their communities. Critical Thinking How much confidence would you have had in the justice dispensed in this "courtroom"? Why?
The Juvenile Court Caseload, 1960-1997
          1,800,000

          1,600,000



          1,400,000


 CO       1,200,000




 &
 c        1,000,000
 CD
 .ST

 to

          800,000
 1
 "B
 E
 to 600,000
 LU


          400,000



          200,000

1960 1965 1970 1975 1980 1985 1990                   1997
Year      j
SOURCE: Office of Juvenile Justice and Delinquency Prevention Statistical Briefing Book   I
   Interpreting Graphs This graph shows the estimated number of Jmj juvenile court cases nationwide. During which 10 years did the increase
Atfl^,.

in juvenile court cases level off?
A warrant is a court order authorizing, or making legal, some official action. Search warrant and arrest
warrants are the most common. A preliminary hearing is generally the first step in a major criminal
prosecution. There, the judge decides if the evidence is, in fact, enough to hold that person—bind that
person over— for action by the grand jury or the prosecutor.
In some places, JPs are still paid out of the fines they take in. The more and the heavier the fines they
impose, the higher their incomes. This "fee system" can lead to any number of abuses. At the very least, it
raises serious questions about the fairness of the treatment a defendant can expect.18
Magistrates' Courts
Magistrates are the city cousins of JPs. For the most part, magistrates handle those minor civil complaints
and misdemeanor cases that arise in an urban setting. They preside over what are generally called
magistrates' courts or, in some places, police courts. Those courts are much like the justice courts, with
just about the same jurisdiction. Magistrates, like JPs, are usually popularly elected for short terms.
Municipal Courts
Municipal courts were first established in Chicago in 1906. They are now found in most of the nation's
larger cities and in many of its middle-sized and small ones.
The jurisdiction of municipal couijts is city-wide. They can often hear civil cases j involving several
thousands of dollars as well a$ the usual run of misdemeanors. Many municipal courts are organized into
divisions, which heir cases of a given kind—for example, civil, criminal, small claims, traffic, and probate
divisions.
Consider the small claims division, often called the small claims court. Many people cannot afford the
costs of suing for the collection of a small debt. A newspaper carrier, for example, can hardly afford a
lawyer to collect a month's subscription from a customer. The ofyvner of a two-family house may have
the sam£ problem with a tenant's back rent, and many merchants are forced to forget an overdue bill or
sell it to a collection agency.
Small claims courts are designed for just such situations. In these courts, a person can bring a claim for
little or no cost. The proceedings are usually informal, and the judge oft^n handles the matter without
attorneys for either side.
Juvenile Courts
Individuals under 18 years of age are generally not subject to the justice of the courts in which adults are
tried. Minors who are arrested for some offense, or who otherwise come to the attention of the police or
other authorities, may appear in juvenile courts.
The juvenile justice system is designed to address the special needs and problems of young people. This
system generally emphasizes rehabilitation more than punishment. However, under certain
circumstances juvenile
                                                                                                                            "fee splitting"—
18Many insist that the fee system means that "JP" really stands for "judgment for the plaintiff." The practice also encourages

an arrangement in which judges can increase the number of misdemeanors they hear by agreeing to share their fees with those arresting
officers who bring such cases to them. The "speed trap" is probably the best known and most common result of a fee-splitting situation.
10      Chapter 24 Section 5
courts do refer certain offenders to an adult criminal court for trial.
During the 1990s, States responded to growing alarm over serious, violent juvenile crime by revising their
juvenile crime laws. From 1992 through 1995, 40 States and the District of Columbia passed laws making
it easier for juveniles to be tried as adults.
In all but four States (Massachusetts, Nebraska, New Mexico, and New York), juvenile court judges have
the power to assign certain cases involving juveniles to adult courts. In 14 States, cases that meet certain
standards (concerning the age of the defendant, the nature of the offense, or some other factor) must be
tried in adult courts. Thirty-one States now have "once an adult/always an adult" provisions. Under these
provisions, juveniles who have been prosecuted as adults one time are automatically prosecuted as adults
for later offenses.
General Trial Courts
Most of the more important civil and criminal cases heard in the United States are heard in the States'
general trial courts. Every State is divided into a number of judicial districts, or circuits, each generally
covering one or more counties. For each district there is a general trial court, which may be known as a
district, circuit, chancery, county, or superior court, or as a court of common pleas. Most legal actions
brought under State law begin in these courts.
These general trial courts are courts of "first instance." That is, they exercise original jurisdiction over
most of the cases they hear. When cases do come to them on appeal from some lower court, a trial de novo
(a new trial, as though the case had not been heard before) is usually held.
The cases heard in trial courts are tried before a single judge. Most often a petit jury (the trial jury) hears
and decides the facts at issue in a case, and the judge interprets and applies the applicable law. Criminal
cases are presented for trial either by a grand jury or, most often, on motion of the prosecuting attorney.
The trial court is seldom limited as to the kinds of cases it may hear. Although this court's decision on the
facts in a case is usually final, disputes over questions of law may be carried to a higher court.
In the more heavily populated districts of some States, cases involving such matters as the
Interpreting Political Cartoons (a) What does the cartoon suggest about the use of the appeals process in this country? (b) Should those
convicted of a crime be able to appeal their convictions as many times as they wish? Explain your answer.
settlement of estates or the affairs of minors are heard in separate trial courts. These tribunals are often
called surrogate, probate, or orphans' courts. In most States and districts, however, these matters are part
of the regular caseload of the general trial courts.
Intermediate Appellate Courts
All but a few States now have one or more intermediate appellate courts. They are courts of appeal that
stand between the trial courts and the State's supreme court. These appellate courts serve to ease the
burden of the State's high court.
The appellate courts have different names among the States, but they are most often called the court of
appeals.19 Most of their work involves the review of cases decided in the trial courts. That is, these
appeals courts exercise mostly appellate jurisdiction. Their original jurisdiction, where it exists, is limited to a
few specific kinds of cases—election disputes, for example.
In exercising their appellate jurisdiction, these courts do not hold trials. Rather, they hear oral arguments
from attorneys, study the briefs (written arguments) that attorneys submit, and review the record of the
case in the lower court.
19 In New York, the general trial court is called the supreme court; the intermediate appellate court is the appellate division   of the supreme
court; the State's highest court is known as the Court of Appeals.
Governing the States
Crime Rates of Selected Countries
COUNTRY
Offenses Reported to the Police per 100,080 People
                        Total*       Personal                               Property
                                             Murder         Assault         Burglary   Automobile
                                                                                       Theft
             Bangladesh      64              1.9            3.6             4.6        0.6

             Finland         14,799          m              40.0            1,934.9    53.2


+-           Hungary         3,789           4.3            79.3            767.4      51.1



sE                                                          54.1
             Kenya           484             8.4                            76.9       9.7 |


             Jordan          751             2.0            19.1            43.4       28.5

             Kuwait          1,171           \3             46.5            75;9       18.2    ;




•
             Japan           1,490           1.0            14.4            198.1      27.8



             Peru            1,178           9.3            104.3           87.0


                                                                                       22.7    J
M
             Canada          10,351          5.2            769.1           1,326.2    545.9


             Thailand        ; 351           7.7            25.4            9.9        3.3




=            United          5,374           9.0            430.2           1,1041.8   591.2

             States

*Figure for total offenses SOURCE:
reported includes crimes other than those listed in the table. Book of the Year,



^tir^,                            Interpreting Tables This table shows only the crimes reported     ** SI   *| to the police, and then breaks out
only certain kinds of crimes.
(a) Which country has the highest number of reported crimes per 100,000 people? (b) What kinds of crimes are committed most often there?
(c) Which kinds are rare?
Ordinarily, an appellate court does not concern itself with the facts in a case. Rather, its decision turns on
whether the law was correctly interpreted and applied in the court below. Its decision may be reviewed
by the State's high court, but its disposition of a case is usually final.
The State Supreme Court
The State's supreme court is the highest court in its judicial system.20 Its major function is to review the
decisions of lower courts in those cases that are appealed to it.
The size of each State supreme court is fixed by each State constitution. In most States, five or seven
justices sit on the high bench.
In 24 States, the governor appoints the justices, including a chief justice. These justices are selected by the
legislature in 4 States, and by the voters in the other 22.
The State supreme court is the court of last resort in the State's judicial system. It has the final say in all
matters of State law. Remember, however, many cases also raise questions of federal law. So, the United
States Supreme Court may review some State supreme court decisions. But not very many State decisions
actually go to the federal Supreme Court.21 Recall that an appeal from a State's high court will be heard in
the federal Supreme Court only if ( 1 ) a "federal question," meaning some matter of federal law, is
involved in the case and (2) the Supreme Court agrees to hear that appeal.
In short, most State supreme court decisions are final. The oft-heard claim, "I'll fight this case all the way
to the United States Supreme Court," is almost always just so much hot air—or misinformation about the
State judicial system.22
Unified Court Systems
The typical State court system is organized geographically rather than by types of cases. Thus, the general
trial courts are most often organized so that each hears those cases arising within its own district, circuit,
or county, no matter what the subject matter may be.
In these map-based systems, a judge must hear cases in nearly all areas of the law. A backlog of cases can
and often does build up in some courts while judges sit with little to do in others. Moreover, uneven
interpretations and applications of the law may and sometimes do occur from one part of the State to
another.
To overcome these difficulties, a number of States have recently begun to abandon geographical
organization. They have turned, instead, to a
20The State's highest court is known as the Supreme Court in 45 States. But in Maine and Massachusetts it is called the Supreme Judicial

Court; in Maryland and New York, the Court of Appeals; and in West Virginia, the Supreme Court of Appeals. Two States actually have two high
courts. In Oklahoma and in Texas, the Supreme Court is the highest court in civil cases, and a separate Court of Criminal Appeals is the court of
last resort in criminal cases.
21 Many of the cases that have reached the Supreme Court involved the 14th Amendment's Due Process and Equal Protection clauses.
22State law regularly gives its lower courts final jurisdiction over many types of minor cases. That is, review cannot be sought in a higher State

court. In those cases, the lower court is the State's court of last resort. If any review is to be had, it can be only in the United States Supreme
Court. Such reviews are extremely rare.
13       Chapter 24 Section 5
unified court system, one that is organized on a functional, or case-type, basis.
In a completely unified court system, there is technically only one court for the entire State. It is presided
over a chief judge or judicial council. There are a number of levels within the single court, such as
supreme, intermediate appellate, and general trial sections. At each level within each section, divisions
are established to hear cases in certain specialized or heavy-caseload areas of the law—criminal, juvenile,
family relations, and other areas that need special attention.
In such an arrangement, a judge can be assigned to that section or division to which his or her talents and
interests seem best suited. To relieve overcrowded dockets, judges may be moved from one section or
division to another. In short, the unified court system is a modern response to the old common law
adage: "Justice delayed is justice denied."
Selection of Judges
More than 15,000 judges sit in the State trial and appellate courts today. They are most often chosen in
one of three ways: ( 1 ) by popular election, (2 ) by appointment by the governor, or (3 ) by appointment
by the legislature.23
Popular election is by far the most widely used method by which judges are selected. The voters choose
about three fourths of all judges sitting in American courts today. In fact, in 10 States popular election is
the only method by which judges are chosen.24 (The exception is that vacancies caused by deaths or by
midterm resignations are usually filled by appointments made by the governor.) In most of the other
States, at least some judges are also chosen at the polls. About half of all judicial elections are nonpartisan
contests today.
Selection by the legislature is used least often. The legislature now chooses all or at least most judges in
only three States: Connecticut, South Carolina, and Virginia.
The governor appoints nearly a fourth of all State judges today. In three States—Delaware,
Massachusetts, and New Hampshire—the governor names all judges. In several other States, the
governor has the power to appoint all or many judges, but under a Missouri Plan arrangement, as you
will see.
How Should Judges Be Selected?
Most people believe that judges should be independent, that they should "stay out of politics." Whatever
method of selection is used should be designed with that goal in mind.
Nearly all authorities agree that selection by the legislature is the most political of all the
23Some judges are selected by other means in some States. In Ohio, for example, all judges, except those of the Court of Claims, are elected by

the voters; the judges of the Court of Claims are appointed by the Chief Justice of the State Supreme Court. In Alabama, Michigan, Mississippi,
Oregon, Texas, and Washington, all judges are popularly elected except for municipal court judges, who are chosen in accord with city charter
provisions, usually by the city council.
24The 1 0 States are Arkansas, Kentucky, Louisiana, Minnesota, Montana, Nevada, North Dakota, Texas, West Virginia, and Wisconsin.
HARBOR MUNICIPAL COURT JUCGE
▲ California judges are elected and campaign along with others running for office (at left). In Hawaii, Circuit Court judges, such as Judge Riki
May Amano (at right), are appointed by the governor. Critical Thinking (a) What are the pros and cons for each method of selecting judges? (b)
Is one method better than the other for selecting quality judges? Explain your answer.
Governing the States
methods of choice. Few favor it. So, the question really is: Which is better, popular election of judges or
appointment by the governor?
Those who favor popular election generally make the democratic argument. Because judges "say the law,"
interpret and apply it, they should be chosen by and answer directly to the people. Some also argue that
the concept of separation of powers is undercut if the executive (the governor) has the power to name the
members of the judicial branch.
Those who favor appointment by the governor argue that the judicial function should be carried out only
by those who are well qualified. The fact that a person has the support of a political party or is a good
vote-getter does not mean that person has the capacity to be a good judge. Proponents of executive
appointment insist that it is the best way to ensure that those persons who preside in courts will have the
qualities most needed in that role: absolute honesty and integrity, fairness, and the necessary training and
ability in the law.
At best, deciding between these two positions is difficult. The people have often made excellent choices,
and governors have not always made wise and nonpolitical ones. Still, most authorities come down on
the side of gubernatorial appointment, largely because those characteristics that make a good judge and
those that make a good candidate are not often found in the same person.
Popular election is both widely used and widely supported. Moves to abandon it have been strongly
opposed by party organizations. So, most moves to revise the method of judicial selection have kept at
least some element of voter choice.
The Missouri Plan
For more than 75 years now, the American Bar Association (ABA) has sponsored an approach that
combines the election and appointment processes. Because its adoption in Missouri in 1940 involved
much political drama and attracted wide attention, the method is often called the Missouri Plan. Some
form of the Missouri Plan is now in place in just over half of the States.
Missouri's version is still more or less representative of how the plan is implemented in the other States
that use it. The governor appoints the seven justices of the State's supreme court, the 32 judges of the
court of appeals, and all judges who sit in certain of the State's trial courts. The governor must make each
appointment from a panel, or list, of three candidates recommended by a judicial nominating
commission. The commission is made up of a sitting judge, several members of the bar, and private
citizens.
Each judge named by the governor serves until the first general election after he or she has been in office
for at least a year. The judge's name then appears on the ballot—without opposition. The voters decide
whether or not that judge should be kept in office.
If the vote is favorable, the judge then serves a regular term: six years for a trial court judge and 12 years
for one who sits on a higher court in Missouri. Thereafter, the judge may seek further terms in future
retain-reject elections. Should the voters reject a sitting judge, the process begins again.
Key Terms and Main Ideas
1. Compare and contrast Justices of the Peace and magistrates.
2. (a) What is appellate jurisdiction? (b) Which State courts have this jurisdiction?
3. Describe the work of the general trial courts.
4. What is a warrant? Why are warrants important?
Critical Thinking
5. Demonstrating Reasoned Judgment How do you think judges should be selected? Choose one of the methods described in
this section, and "make a case for it" by creating a strong, well-supported argument in its favor.
6. Drawing Inferences What qualities make a good judge? Write job descriptions or "want ads" for two of the following: a
magistrate, a general court judge, an appellate judge.
Take It to the Net
To learn more about your State's highest court, follow the links to your State judicial system and then to the highest court in the
State. Make a chart or table showing how the court is organized and what it does. Use the links provided in the Social Studies
area at the following Web site for help in completing this activity, www.phschool.com
15 Chapter 24 Section 5
F   O   U   N   D   A   T   I   O   N




on the Supreme Court
Can States Restrict Undesirable Imports?
The Commerce Clause (Article 1, Section 8, Clause 3 ) gives Congress the power to regulate interstate trade. Thus States generally cannot
restrict the flow of goods and services from other States. Does this mean that a State cannot prevent the importing of certain items that it
believes will be harmful to its residents' quality of life?
City of Philadelphia v. New Jersey (1 978)
In the early 1970s, the amount of solid and liquid waste in New Jersey was increasing rapidly, and waste
disposal sites in the State were beginning to fill up. The State legislature decided that "the public health,
safety and welfare require that the treatment and disposal within this State of all wastes generated
outside of the State be prohibited." In 1973 it passed a law banning any person from bringing into New
Jersey any solid or liquid waste from outside the State, except garbage to be fed to pigs. The State
Commissioner of Environmental Protection had authority to make specific exceptions to the ban. The
Commissioner issued rules excepting four narrow categories of waste.
The law affected not only the operators of private landfills in New Jersey, but also the cities in other
States that had contracts with those landfills. Several cities and landfill operators sued New Jersey and its
Department of Environmental Protection in State court, where the judge declared the law unconstitu-
tional because it violated the Commerce Clause. On appeal, the State supreme court reversed the ruling
of the lower court. The court declared that the law was constitutional because it had significant health
and environmental objectives and did not discriminate against or place an excessive burden on interstate
commerce. The plaintiffs then appealed to the United States Supreme Court.
Arguments for City of Philadelphia
1. Restricting the importation of waste products is a form of regulation of interstate trade. This is a power
that the Constitution gives to Congress, not the States.
2. The law discriminates against out-of-state waste simply because of its origin. States may not
constitutionally discriminate against articles of commerce produced outside the State.
3. The law makes out-of-state businesses bear the full burden of conserving New Jersey's remaining
landfill space. States may not try to isolate themselves from a problem that is common to many States by
creating a barrier to interstate trade.
Arguments for New Jersey
1. The movement of waste is not "commerce" as that term is used in the Constitution, because waste,
unlike legitimate articles of commerce, cannot be put to effective use.
2. States should have great flexibility in deciding to ban harmful or potentially harmful articles from their
territory.
3. The restriction on waste significantly benefits the State's environment and affects interstate commerce
only minimally, at most.
Decide for Yourself
1. Review the constitutional grounds on which each side based its arguments and the specific arguments each side presented.
2. Debate the opposing viewpoints presented in this case. Which viewpoint do you favor?
3. Predict the impact of the Court's decision on efforts by the individual States and by the Federal Government to improve the
environment. (To read a summary of the Court's decision, turn to the Supreme Court Glossary on page 799.)
Governing the States 16 EX?
Mlww3$
Political Dictionary
popular sovereignty (p. 685) limited government (p. 685) fundamental law (p. 686) initiative (p. 687) statutory law (p. 688)
police power (p. 691) constituent power (p. 692) referendum (p. 693) recall (p. 696) item veto (p. 699)
clemency (p. 699) pardon (p. 699) commutation (p. 699) reprieve (p. 699) parole (p. 699) common law (p. 702) precedent (p.
703) criminal law (p. 704) felony (p. 704) misdemeanor (p. 704)
civil law (p. 704) jury (p. 704) information (p. 704) bench trial (p. 705) Justice of the Peace (p. 707) warrant (p. 708) preliminary
hearing (p. 708) magistrate (p. 708) appellate jurisdiction (p. 709)
Practicing the Vocabulary
Using Words in Context For each of the terms below, write a sentence that shows how it relates to this chapter.
1.    popular sovereignty
2.    reprieve
3.    referendum
4.    item veto
5.    police power
6.    civil law
7.    bench trial
8.    Justice of the Peace
9.    appellate
      jurisdiction
10 warrant
.
Fill in the Blank Choose a term from the list above that best completes each sentence.
11. The power of executive_includes the power to pardon
or parole a convicted criminal. i
12. Laws passed by the legislature are called__.
13. A_is a more serious offense than a i
misdemeanor.
14. A_is the city cousin of a Justice of the Peace.
15. The_is a process by which voters can petition to
propose constitutional amendments and legislation.
16. The basis of much American law is the unwritten, judge-made law called_which developed in England.
Reviewing Main Ideas
Section 1....................................................................
17. What are the two basic principles on which all State constitutions are based?
18. What kinds of provisions are found in all State constitutions?
19. Describe the two basic steps of constitutional change.
20. Name at least two reasons that many State constitutions are in need of reform.
Section 2....................................................................
21. What powers does a State legislature have?
22. How are State legislators chosen?
23. (a) What are the usual steps in the legislative process? (b) Describe the initiative and referendum processes that some States
allow.
Section 3....................................................................
24. List the powers of the governor.
25. In what ways is a governor the chief executive rather than the executive in State government?
26. Name three other executive officers in State government and describe what they do.
Section 4.................................................................
27. Name and describe the four kinds of law applied in the State courts.
28. What is the importance of common law to our judicial system?
29. (a) What are the two kinds of juries? (b) Describe what each kind of jury does.
Section 5....................................................................
30. What are the functions of magistrates' courts, general trial courts, intermediate appellate courts, and State supreme courts?
31. (a) What are the three ways that judges are selected?
(b) Which is the most widely used method? (c) Which two methods does the Missouri Plan combine?
EX3714   Chapter 24
Critical Thinking
32. Applying the Chapter Skill Contact the office of the jury commissioner or similar official in your district, and find out the
kinds of juries on which you are eligible to serve (or will be, when you turn 18). For example, are you eligible to serve on a grand
jury or just a petit, or trial, jury? Can you serve in both civil and criminal matters? Make a list of the courts, the kinds of cases, and
the locations where you would be eligible to serve.
33. Identifying Central Issues Describe how the system of checks and balances works in State government. What limits does
each branch of government place on the other two? Then compare these checks and balances with those in the federal system.
34. Recognizing Ideologies There is a long history in this country of relying on "a jury of one's peers" to decide court cases, (a)
What does that reveal about traditional American beliefs concerning ordinary citizens and government officials? (b) What does
the recent trend away from the jury system reveal about current American attitudes?
35. Checking Consistency The governor is both the chief executive and, in a sense, the chief legislator in State government, (a)
Explain why this is true, (b) Does this arrangement violate the separation of powers? Explain.
Analyzing Political Cartoons
Using your knowledge of American government and this cartoon, answer the questions below.
' We all make mistakes, as Your Honor knows, having been twice reprimanded by the New York State Commission on Judicial Conduct."
36. What does this cartoon suggest about checks and balances in State government?
37. Do you think this cartoonist favors more or less control of the judiciary by other branches of government or by the voters?
Explain your answer.
You Can Make a Difference
If you were talking with visitors about the history of your own State, what could you tell them? What native peoples lived where
you live now? Do you know who the first European or Asian settlers of your area were? Why did they choose to live here? Use
resources from your local historical society and from the State historical society to prepare a display and map of the early history
of your State. If possible, use copies of drawings or photographs of the native peoples and of the settlers and their settlements.
Participation Activities
38. Current Events Watch Find out more about your governor. Research his or her political biography, including qualifications
for the job and campaign positions in the most recent election. Also explore whether your governor is considered a strong one by
finding out how he or she uses the powers of the office and the powers of persuasion and influence. Sum up your findings in a
short essay. You may wish to include the research you did for the Take It to the Net Activity on page 700.
39. Diagraming Activity Using the information in this chapter and additional research, make a diagram of the major steps in
the process of changing a State constitution. Be sure to include both the rewriting or revising of a constitution and the
amendment process.
40. It's Your Turn Your State is considering the Missouri Plan for selecting judges. Take a position for or against the plan, and
write a speech to deliver at a hearing on the subject. State your position clearly, and support it with reasons and facts.
Remember, your audience will be listening to—not reading—your speech. If you are against the plan, be sure to present and
propose an alternative. (Writing a Speech)
Take It to the Net
Chapter 24 Self-Test As a final review activity, take the Chapter 24 Self-Test in the Social Studies area at the Web site listed
below, and receive immediate feedback on your answers.
vvww.phschool.com
Governing the States 19
Local Government and Finance
**In a great city, City Hall must be a beacon to the people's aspirations, not a barrier.
—Los Angeles Mayor Thomas Bradley,
(1973-1993)
As Mayor Bradley knew, city government—"city hall"—is the level of government that most people
look to for help and services. In addition to cities and towns, other local government units, such as
counties and townships, provide various services. To finance public services, both State and: local
governments must raise revenue, mainly through taxes.

I A M I                       C I TV ffl
x***************
iiiiii
♦ City Hall. Miami, Florida
You Can Make a Difference
NO MATTER HOW many services a city provides, communities need volunteers of all ages. In Washington, D.C, a diverse group of young
people work with DC-YAR, part of the organization Youth As Resources, to bridge cultural and racial differences and to support grass-roots
projects for other urban youth. Bsrat Mezghebe and N'erin Brown, both high school juniors, served on the DC-YAR board. There they reviewed
project proposals from other young people, such as a community spring cleanup and a book of children's stories about different cultures.
N'erin was impressed that "so many youth were into helping the community. They're helping to regenerate our generation."
Counties, Towns, and Townships m 71&-723)
* Counties or their equivalents exist in all but two States. Their functions vary depending on region.
*Many people see a need to make county government more efficient.
* Towns and townships are forms of local government that exist in certain parts of the country.
* Special districts provide a wide variety of services, including education, water and sewage, police and fire, and airport and park
services.
Cities and Metropolitan Areas (pp. 725-732)
* Most Americans today live in urban areas.
*The process by which a State establishes a city as a legal body is called incorporation.
* City governments take one of three forms: mayor-council, commission, or council-manager.
* Population shifts from cities to suburbs have left cities with fewer resources. One response has been the creation of metro-
politan districts.


• I* f* ft   "#a ft I* ft   '^^^^^^^^^^J^* ^ P * ^ P ** ^

■
Keep It Current
Items marked with this logo are periodically updated on the Internet. Keep up-to-date with what's in the news. To get current
information on local government and finance, go to www.phschool.com
Providing Important Services (PP. 733-737)
* Under the federal system, States and their local governments have many powers and provide many important services.
* State and local governments provide education, help ensure public welfare and safety, and build and maintain highways.
* State and local governments vary widely in the amount and types of services they provide.
Financing State and Local Government
(pp. 739-744)
*The federal Constitution, the 14th Amendment, and State
constitutions restrict State and local taxing powers. *Most tax experts agree with English economist Adam Smith that
there are four principles of sound taxation. * State and local governments rely on a variety of tax and nontax
sources of revenue. *The State budget is the means by which States plan the control
and use of public money.
21
Counties, Towns, and Townships
\
O BJECTIVES
1. Describe some differences among counties.
2. Examine the governmental structure of counties.
3. Identify the functions of counties.
4. Analyze the need for reform in county government.
5. Examine the governments of towns, townships, and special districts.
W HY I T M ATTERS
Do you live in a county? Or are you one of the 10 percent of Americans who live in an area without county government? Do you
live in a town, township, or special district? If you live within the jurisdiction of any of these local governments, your daily life is
affected by the decisions that these governments make.
P OLITICAL D ICTIONARY
* county
* township
* special district
Washington, D.C, has the Capitol, and your State has its own impressive capitol building. These
structures serve as centers for federal and State governments. In most communities, however, local
government has no grand dome. Government in these places is visible mainly in the form of the day-to-
day services that keep communities going.
In spite of its humble appearance, local government is vitally important in the lives of every American.
As one measure of this fact, recall that of the 87,504 units of government across the nation, 87,453 of these
are local.
Counties
▲ Homer, Alaska, is just one of the nation's 87,453 units of local government. 718
                                                                      Chapter 25 Section 1
A county is a major unit of local government in most States. Like all local governments, it is created by the
State.1 There are 3,043 counties in the United States. No close relationship exists between the size of a
State and the number of counties it has. The number of counties in a given State runs from none in
Connecticut and Rhode Island to as many as 254 in Texas.
In Louisiana, units of government known elsewhere as counties are called parishes. In Alaska, they are
known as boroughs. In addition to Connecticut and Rhode Island, several other places across the country
have no organized county government. Almost 10 percent of the nation's population lives in those areas
today.
The function of counties varies from region to region. Counties serve almost solely as judicial districts in
the New England States. There, towns carry out most of the functions undertaken by counties elsewhere.
In many Mid-Atlantic and Midwestern States, counties are divided into subdivisions called townships. In
these States, counties and townships share the functions of rural local government. In the South and the
1 Recall that whether they are providing services, regulating activities, collecting taxes, or doing anything else, local governments can only act

because the State has established them and has given them power to do so.
Planning Commission
West, counties are the major units of government in rural areas.
In terms of area, San Bernardino County in southern California is the largest in the United States,
covering 20,064 square miles. Kalawao County in Hawaii is the smallest, covering only 1 3 square miles.
Counties within each State can vary widely in area.
Counties also differ greatly in terms of population. More than 9 million people now live in Los Angeles
County, California. At the other end of the scale, Loving County in western Texas has some 150 residents.
Most counties—in fact nearly three fourths of them— serve populations of fewer than 50,000.
Government Structure
The structures of county government differ, often considerably. Even so, a county typically has four
major elements: a governing body, a number of boards or commissions, appointed bureaucrats, and a
variety of elected officials.
The Governing Body
The county's governing body is often called the county board. It is also known as the board of
commissioners, board of supervisors, police jury, fiscal court, county court, and board of chosen
freeholders, among other names.
The members of this governing body are almost always popularly elected. Terms of office run from one
to eight years, but four-year terms are the most common.
Generally, county boards can be grouped into two types: boards of commissioners and boards of
supervisors. The board of commissioners is the smaller and more common type. It is found everywhere in
the South and West, and is also common elsewhere. A board of commisioners most often has three or five
members, but some have seven or more.
The board of supervisors is typically a much larger body. It averages about 15 members, but sometimes
runs to 80 or more. The supervisors are elected from each township in
Typical County Government Structure
▼ elect

£££££££
TtttTTt
County Board
Governing body
Voters
elect ▼
j?County # Governii
^ appoints



Htt tttf f f f i i t !
IIIIIII
Other County Officials Sheriff
District attorney Clerk
School superintendent
Assessor
Treasurer
Auditor
Coroner
Budget Committee
County Agent
Boards and Officials Board of Health, Welfare Commission, Library Board, and others
Interpreting Diagrams A typical county government has a governing body, a number of boards or commissions, appointed bureaucrats, and
elected officials. Why might the fact that the county governing body shares its powers with other elected officials lead to confusion?
the county, as in New York, Nebraska, and Wisconsin. Each supervisor is usually an officer of his or her
township, as well as a member of the countywide governing body.
The State constitution and acts of the State legislature spell out the powers held by county governing
bodies. The powers of these boards are generally both executive and legislative, despite the American
tradition of separation of powers.
County governments' most important legislative powers deal with finance. For example, county boards
levy taxes, appropriate funds, and incur limited debts. They also have a number of lesser legislative
powers, such as passing health and zoning ordinances.
Most county boards also carry out a number of administrative functions. They supervise the county road
program and manage county property, such as the courthouse, jails, hospitals, and parks. County boards
are often responsible for the administration of welfare (cash assistance) programs and the conduct of
elections. They also appoint certain county officers, deputies, and assistants of many kinds, as well as
most other county employees. In addition, they determine the salaries of most county employees.
Local Government and Finance 24
Typical Elected County Officials and Their Duties
 SHERIFF                          Runs county jail; provides police protection in
                                  rural areas; carries out local court orders; often
                                  collects taxes


 CUBTRK                           Registers and records documents such as deeds,
                                  mortgages, birth/death certificates; often runs
                                  county elections; is secretary to county board and
                                  clerk of local courts

 ASSESSOR                         Appraises (sets the value of) taxable property in
                                  the county

 TREASURER                        Keeps county funds; makes payments from these
                                  funds

 AUDITOR                          Keeps financial records; authorizes payments for
                                  county expenses

 DISTRICT                         Conducts criminal investigations; prosecutes
 ATttt tMEY                       criminal cases

 SCHOOL                           Administers public elementary and secondary
                                  schools in the county
 SUPERINTENDENT
 CORONER                          Investigates violent deaths; certifies causes of
                                  deaths not attended by a physician       j
Interpreting Tables Elected county officials include people with a wide range of responsibilities that affect local communities. For example, sur-
veyors like the woman pictured here help map local property accurately. Which of these officials might affect your own daily life?
IB


i. - '   * 1i J
it ^
Other Elements
In addition to the county board, county government includes the following:
Boards and commissions. Various boards and commissions, whose members can be appointed or elected,
have authority over a number of county functions. Members of these boards often serve ex off ici o
(because of their office) on one or more of these other agencies.
Bureaucracy. Counties also employ more than 2 million men and women. They do the day-today work of
each of the nation's 3,043 counties.
Elected officials. A number of officials with countywide jurisdiction are elected separately. Some of these
officers and their principal duties are shown in the table on this page.
Functions of Counties
Because counties are creations of the State, they are responsible for the administration of State laws. They
also administer such county laws as the State's constitution and legislature allow them to make.
Historically, counties have been institutions of rural government. Most counties remain rurally oriented
today. Although there is some difference from State to State, the major functions of counties reflect their
rural character.
The most common functions of counties are to keep the peace and maintain jails and other correctional
facilities; assess property for tax purposes; collect taxes and spend county funds; build and repair roads,
bridges, drains, and other such public works; ankfl maintain schools. Counties record deeds, mortgages,
marriage licenses, and other documents; issue licenses for such things as hunting, fishing, and marriage;
administer elections; care for the poor; and protect the health of the people who live in the county.
Many counties have taken on other functions as they have become more urban.2 Several of these more
heavily populated counties now offer many of the public services and facilities that are usually found in
cities. They do such things as provide water and sewer service; have professionally trained police, fire,
and medical units; and operate airports and mass transit systems. Some also enforce zoning and other
land-use regulations. Many have built and now operate auditoriums, sports stadiums, golf courses, and
other recreational facilities.
The Need for Reform
County organization is often chaotic. In the typical county, no single official can be called the chief
administrator. Rather, authority is divided
2Nearly two thirds of the people in the United States who live in counties live within the boundaries of just 447 of the nation's 3,043 counties.

26      Chapter 25 Section 1
among a number of elected boards and officials, each largely independent of the others. As a result, it is
often impossible to identify who is responsible for the inefficiency, inaction, or worse, in the conduct of
county affairs.
The large number of popularly elected officials adds to the chaos. Faced with the long ballots that typify
county elections, voters are hard pressed to cast the informed votes on which good government depends.
Further, many elected county officials hold jobs that have nothing to do with the making of basic public
policy. These jobs do, however, demand a variety of professional qualifications. Many people therefore
believe that popular election is not the best way to fill those offices.
The size and the number of counties in most States are another source of weakness. Nearly every one of
the counties now in existence was laid out in the days of the horse and the stagecoach. Then, it made
good sense to draw county lines so that no one lived more than a dozen miles or so from the county seat.
Today, however, most counties are geographically ill-suited to the realities of State government.
One way in which many States have attempted to reform county government is through county home
rule. In other words, these States allow some or all of their counties, subject to approval by the local
voters, to decide the details of their own governmental structure. Today, thirty-seven States permit their
counties some degree of home rule. While only a small proportion of counties has taken advantage of this
option, those that have include most of the nation's largest counties.
Another kind of reform seeks to deal with the fragmented authority of counties. It does so by creating the
position of county manager, modeled along the lines of the council-manager form of city government.
(See Section 2 for an explanation of different forms of city government.) Still another approach is county-
city consolidation. In this plan, a major city and the county around it join into a single unit of
government. San Francisco and Denver are examples of such mergers.
Towns and Townships
Towns and townships are other units of local government. They are found in nearly half the States,
throughout the region stretching from New England to the Midwest. 3
The New England Town
In New England, the town is a major unit of local government. Except for a few major cities, each of the
six States in the region is divided into towns. Each town generally includes all of the rural and the urban
areas within its boundaries. The town delivers most of the services that are the responsibility of cities and
counties elsewhere in the country.
The roots of the New England town reach back to colonial times. The Pilgrims landed at Plymouth Rock
in 1620 as an organized congregation. They quickly set up a close-knit community in which their church
and their government were almost one. Other Puritan congregations followed the Pilgrims' pattern.
The desire to be near the church, the real or perceived threat from Native Americans, the severe climate,
and the fact that the land was not suited to large farms or plantations led the settlers to form tight little
communities. Their settlements were soon known as towns, as in England. 4
At least in form, much of town government today is little changed from colonial times. The main feature
is the town meeting, long praised as the ideal vehicle of direct democracy. The town meeting is an
assembly open to all the town's eligible voters. It meets yearly, and sometimes more often, to levy taxes,
make spending and other policy decisions, and elect officers for the next year.
Between town meetings, the board of selectmen/select-women chosen at the annual meeting manages the
town's business. Typically, the board is a three-member body and has responsibilities for such things as
roads, schools, care of the poor, and sanitation. Other officers regularly selected at the annual meeting
include
3The term town is used in some States as the legal designation for smaller urban places; it is also sometimes used as another word for township.

Township is also a federal public lands survey term, used to identify geographic units (often called congressional townships), each having
exactly 36 square miles (36 sections).
4When a clan in England or in Northern Europe settled in a particular place, it usually built a wall around it. In Old English, the word for wall was

tun. In time, the space within the wall became known as the tun, and then the town. As the New England towns grew in number and in
population, it became necessary to survey their boundaries. The small and irregular shapes that resulted were called "townships" (town
shapes). The suffix ship comes from the Old English word scip, meaning "shape."
Local Government and Finance
A The tradition of the town meeting is still alive in many small New England towns. Critical Thinking How does the town meeting reflect the ideal
of direct democracy?
the town clerk, a tax assessor, a tax collector, a constable, road commissioners, and school board
members.
The ideal of direct democracy is still alive in many smaller New England towns. It has given way,
however, to the pressures of time, population, and the complexities of public problems in many larger
towns. There, representative government has largely replaced it. Town officers are often elected before
the yearly gathering. Many of the decisions once made by the assembled voters are now made by the
selectmen and selectwomen. In recent years, several towns have gone to a town manager system for the
day-to-day administration of local affairs.
Townships
Townships are found as units of local government from New York and New Jersey west to North and
South Dakota, Nebraska, and Kansas. In none of those States do townships blanket the State, however.
In New York, New Jersey, and Pennsylvania, townships were formed as areas were settled and the
people needed the services of local government. Consequently, the township maps of those States often
resemble crazy-quilts. From Ohio westward, however, township lines are more regular. They mostly
follow the lines drawn in federal public land surveys. Many are perfect squares.
About half of these States provide for annual township meetings, like those held in New England towns.
Otherwise, the governing body is a three- or five-member board, generally called the board of trustees or
board of supervisors. Its members are elected for two-year or four-year terms, or they serve because they
hold other elected township offices. Township offices often include a supervisor, a clerk, a treasurer, an
assessor, a constable, a justice of the^ peace, and a body of road commissioners.
A municipality (urban political unit) within a township—especially if it is large^rusually exists as a
separate governmental entity. Thus, township functions tend to be rural. They involve such matters as
roads, cemeteries, drainage, and minor law enforcement. In some States, however, the township is also
the basic unit of public school administration.
Many people believe that townships have outlived their usefulness. More than half the States get along
without them, suggesting that they are not indispensable. Manif rural townships have been abolished in
the past few decades. They have fallen victim to declining populations, improvements in transportation,
and a host of other factors.
Some of the more densely populated townships appear to have brighter futures than their country
cousins, however. This seems especially true in the suburban areas around some larger cities. Some
States, such as Pennsylvania, now allow townships to exercise many of the powers and furnish many of
the services once reserved to cities.
Special Districts
There are now tens of thousands of special districts across the country. A special district is
an independent unit created to perform one or more related governmental functions at the local level.
These districts are found in almost mind-boggling variety and in every State. School districts—some
1 3 ,5 0 0 of them—are by far the most widely found examples of special districts. More than 35,000 other
special districts also blanket the country, and their numbers are growing.
Special districts are found most often, but not always, in rural and suburban areas. Many special districts
have been created to provide
28 Chapter 25 Section 1
water, sewage, or electrical service; to furnish fire or police protection; and to build and maintain bridges,
airports, swimming pools, libraries, or parks. Others have been created for such purposes as soil
conservation, housing, public transportation, irrigation, or reforestation. There are even, in many places,
special districts for dog or mosquito control purposes.
A leading reason for the creation of special districts has been the need to provide a particular service in a
wider or a smaller area than that covered by a county or a city. For example, a special district might be
needed to handle the stream pollution in the several counties through which a river flows. On the other
hand, a special district might be set up to provide fire protection in some out-of-the-way locale.
In many cases, special districts have been formed because other local governments could not, or would
not, provide the services desired. Other reasons include sidestepping constitutional limits on the size of a
city's or a county's debt; financing a public service out of users' fees instead of general tax revenue; and
taking advantage of some federal grant program.
The governing body for a special district is generally an elected board. It has the power to lay taxes
(usually on property) or charge fees, as well as the powers to spend and to carry out its function(s).
Key Terms and Main Ideas
1 . What is a county?
2. How does a township differ from a special district?
3. (a) What are two major types of county boards?
(b) List three elected officials commonly found in county government.
4. What factors generally make county government inefficient?
Critical Thinking
5. Identifying Assumptions Consider the idea of the New England town meeting. What does this method of town government
assume about the citizens of the town?
6. Drawing Inferences Review the functions of county and town or township government. List and describe at least three
examples of how these governing bodies affect the day-to-day lives of people in your community.
Take It to the Net
7. Learn about the population, economics, and government of your own county (or a county of your choosing if you live in a region
without counties). Summarize your findings in a table or series of graphs. Use the links provided in the Social Studies area at the
following Web site for help in completing this activity, www.phschool.com
Local Government and Finance 29
on Primary Sources
CLOSE UP
f   0        U          N           D          A          T          1           O          N




Seeing the Regional Future
Urban planner William Fulton is a senior research fellow at Claremont Graduate University Research Institute. I n this selection, he argues that
the future of economic development lies in the growth of large regions, not individual cities and towns.
This three-State area forms a regional economy.


N        ot long ago, I sat down to lunch with all of the planning directors and economic development
specialists in Redding, California. . . . The Redding area has suffered from sluggish economic growth in
recent years, and for close to two hours these local officials took turns telling me about the troubles their
community faced and the "assets" they had to work with in confronting them. . . . "And, of course, we
have a state university with a good reputation," one of the planning directors said. "That's a great help."
All the others nodded in agreement.
. . . I had spent the better part of two days touring Redding, and I had seen no educational institution
more substantial than a community college. "Where?" I asked. "What university?" And then they
explained. The school they were referring to was the California State University campus in Chico . . . 75
miles away.
It had never occurred to me before that a college in one city might be part of the economic foundation of
another city. But in fact, it makes perfect sense. As a smaller town located in a rural area, Redding will
probably never have all the big-ticket items a city needs if it is going to compete effectively in the modern
economy. But it's not really Redding that's competing. It's the whole northern part of the Sacramento
Valley: Redding, Chico and a whole string of other towns that are interrelated economically. We live in
the age of the region, not the age of the city. . . . If regions are the new building blocks of the world
economy—if it is the region that matters, not the nation or the city or the state—then it is the region that
should also be the locus of economic development policy. . . .
You have to swallow a lot of pride in order to think this way and understand what role your community
might really play in creating a strong regional economy. After all, this nation is filled vyith Chicos that
don't want to associate with Redding, and Seattles that want nothing to do with Boise. And going against
that territorial instinct can sound like political suicide to a lot of local officials. But any successful business
owner will tell you that if you want to get rich, you can't be too haughty [overly proud] about what your
product is or the customers you sell it to. The future belongs to the politicians who understand that Chico
is a part of Redding and Seattle is a part of Boise—and all these combinations are part of regional
economies that will be rich at home only to the extent that they can sell successfully to the rest of the
world.
Analyzing Primary Sources
1. What did Fulton realize during his meeting with Redding city officials, and how did he arrive at this point of view?
2. What does Fulton mean when he says, "Chico is a part of Redding and Seattle is a part of Boise"?
3. Why might political leaders have trouble accepting the approach to economic development that Fulton suggests?
O BJECTIVES
1. Examine reasons for America's shift from a rural to an urban society.
2. Explain the process of incorporation and the function of city charters.
3. Contrast the major forms of city government.
4. Evaluate the need for city planning and list some municipal functions.
5. Outline the challenges that face suburbs and metropolitan areas.
W HY IT MATTERS
Today, some 80 percent of the nation's population live in cities and their surrounding suburbs. The larger the urban population,
the more extensive the need for services, efficient and responsive government, and creative solutions to problems.
P OLITICAL D ICTIONARY
* incorporation
* charter
* mayor-council government
* strong-mayor government
* weak-mayor government
* commission government
* council-manager government
* zoning
* metropolitan area
f e are fast becoming a nation of city dwellers. Where once our population was small, mostly rural, and
agricultural, it is now large, mostly urban, and dominated by technology, manufacturing, and service
industries. In 1790, a mere 5 percent of the population lived in the nation's few cities. Today, America's
cities and their surrounding communities are home to 4 of every 5 persons. 5
America's Rural-Urban Shift
When the first census was taken in 1790, only 3,929,214 people were living in the United States. Of these,
only 201,655 people—5.1 percent —lived in the nation's few cities. Philadelphia was then the largest city,
with a population of 42,000; 33,000 people lived in New York and 18,000 in Boston.
Nine years before the first census, James Watt had patented his double-acting steam engine, making
large-scale manufacturing possible. Robert Fulton patented his steamboat in 1809, and George
Stephenson his locomotive in 1829. These inventions made possible the transportation
depending on local custom and State law, municipalities may be known as cities, towns, boroughs, or villages. The use and meaning of these
terms vary among the States. The larger municipalities are known everywhere as cities, and the usual practice is to use that title only for those
communities with a significant population.
of raw materials to factories and, in turn, the wide distribution of manufactured goods.
Almost overnight, home manufacturing gave way to industrial factories, and populations began to
concentrate in the new industrial and transportation centers. Cities began to grow rapidly.
At the same time, the invention of several mechanical farm implements reduced the labor needed on
farms. Fewer people grew more food, and the surplus farm population began to move to the cities. By
1860, the nation's population had increased more than sevenfold. The urban population had multiplied
thirty times. By 1900, nearly two fifths of Americans lived in urban areas. By 1920, more than half of the
population were urban dwellers.
Today, more than 210 million people—more than 75 percent of the population—live in the nation's cities
and their surrounding suburbs. For local governments, that change has had dramatic consequences.
A The Riverwalk in San Antonio, Texas, is an excellent example of urban renewal and city planning.
Local Government and Finance          31
T HE   CITY
OF
SAN FRANCISCO.
A If you compare this 1878 print (top) with the recent photograph (bottom) of San Francisco, California, you can clearly see the city's growth.
Critical Thinking What is the impact of the growth of the nation's cities on local governments?
the State, and are subject to a variety of limitations imposed by the State.
The process by which a State establishes a city as a legal body is called incorporation.6 Each State sets out in
its constitution, or by statute, the conditions and the procedures under which a community may become
an incorporated municipality. Typically, a State requires that a minimum number of persons live in a|
given area before incorporation can take place. !
The fact that cities are incorporated highlights an important difference between city and county
government. Cities are created largely at the request of their residents because residents want certain
public services. Counties, on the other hand, exist largely to serve the administrative needs of the State.
Cities do act as agents of the State, of course—for example, in law enforcement and public health. But the
principal reason for the existence of a city is the convenience of those who live in it.
The charter is the city's basic lawj, its constitution. Its contents may vary from <f[ity to city, but commonly
the charter names the city, describes its boundaries, and declares it to be a municipal corporation. As a
municipal corporation, a city has the right to sue and be sued in the courts, to have a corporate seal, to
make contracts, and to acquire, own, manage, and dispose of property. ;|
Generally, the charter also sets oiiit the other powers vested in the city and outlines its form of
government. It provides how and for what terms its officers are to be chosen, outlines their duties, and
deals with finances and other matters.
When large numbers of people live close to one another, there is much more strain on local governments.
They must provide water, police and fire protection, sewers, waste removal, traffic regulation, public
health facilities, schools, and recreation. The larger the population, the more extensive—and expensive—
these services become.
Incorporation and Charters
Since each of the 50 State governments is unitary in form, each State has complete authority over all the
units of local government within its borders. All of these units, including cities, were created by the State,
received their powers from
Forms of City Government
Although variations can and do exist, each city has one of three basic forms of government. These are (1)
a mayor-council, (2) a commission, or (3) a council-manager form of government.
The Mayor-Council Form
The mayor-council government is the oldest and still the most widely used type of city government. It features
an elected mayor as the chief executive and an elected council as its legislative body.
frThe term incorporation comes from Latin in (into) corpus (body).
32
Chapter 25 Section 2
W elect
Strong Mayor Model


iRRIflln
Mayor
Chief Executive
Voters
appoints

x±x±xxx
Iffflfl
Department Heads
Administrators of agencies such as public safety, public works, finance, education
lect^
elect


••••••
Council
Legislative body
Weak Mayor Model
Mayor
Chief Executive
Council
Legislative body
Department Heads
Administrators of agencies such as public safety, public works, finance, education
Interpreting Diagrams This diagram compares and contrasts the two basic forms of mayor-council governments, (a) What are the major
differences between the two forms of city government? (b) Which is the better system for a large city? Explain your answer.
The council. The council is usually unicameral and typically has five, seven, or nine members. Some larger
cities have more. New York City has the largest council, with 51 members. Members of the council are
popularly elected. Terms of office vary from one to six years. Four-year terms are the most common.
A move to nonpartisan city government began in the early 1900s. Its champions believed that (1) political
parties were a major source for corruption in city government, and (2) partisan contests at the State and
national levels have little to do with municipal problems and local issues. Today, less than one third of all
cities still run their elections on a partisan basis.
The mayor. Generally, the voters elect the mayor. In some places, however, the council chooses one of its
members to serve as mayor. The mayor presides at council meetings, usually may vote only to break a tie,
and may recommend—and usually may veto—ordinances. In most cities, the council can override the
veto.
Mayor-council governments are often described as either the strong-mayor type or the weak-mayor type,
depending on the powers given to the mayor. This classification is useful for purposes of description. It
blurs the importance of informal power in city politics, however.
In a strong-mayor government, the mayor heads the city's administration, usually has the power to hire and
fire employees, and prepares the budget. Typically, the mayor is able to exercise strong leadership in
making city policy and running the city's affairs.
In a weak-mayor government, the mayor has much less formal power. Executive duties are shared with other
elected officials, such as the clerk, treasurer, city engineer, police chief, and council members. Powers of
appointment, removal, and budget are shared with the council or exercised by that body alone. The
mayor seldom has veto power.
Most mayor-council cities operate under the weak-mayor rather than the strong-mayor plan. The strong-
mayor form is generally found in larger cities.
The success of the mayor-council form depends in very large measure on the power, ability, and
influence of the mayor. In weak-mayor cities, responsibility for action or inaction is hard to assign. The
strong-mayor plan helps to solve the problems of leadership and responsibility.
Local Government and Finance
34
Still, the mayor-council form has the following three large defects:
1. It depends heavily on the capacities of the mayor.
2. A major dispute between the mayor and the council can stall the workings of city government.
3. It is quite complicated and so is often little understood by the average citizen.
The Commission Form
The commission government is simple in structure. Three to nine, but usually five, commissioners are
popularly elected. Together, they form the city council, pass ordinances, and control the purse strings.
Individually, they head the different departments of city government: police, fire, public works, finance,
parks, and so on. Thus, both legislative and executive powers are centered in one body.
The commission form was born in Galveston, Texas, in 1901. A tidal surge had swept the island city the
year before, killing 7,000 people and laying much of the city to waste. The old mayor-council regime was
unable to cope with the emergency. The Texas legislature gave Galveston a new charter, providing for
five commissioners to make and enforce the law in the stricken city. Intended to be temporary, the
arrangement proved so effective that it soon spread to other Texas cities and then elsewhere in the
country.
Commission Form of Government

tiiIt
Mayor Public Works Finance Public Safety Education Commissioners individually serve as department heads or as mayor.
Interpreting Diagrams The commission form of government is one of trie most uncomplicated systems for a city. Does a system of checks and
balances exist in this form of government?
Depending on the city, either the voters or the commissioners themselves choose a commissioner to serve
as the mayor. Like the other commissioners, the mayor heads one of the city's departments. He or she also
presides at council meetings and represents the city at ceremonies. The mayor generally has no more
authority than the other commissioners and rarely has veto power.
The simplicity of the commission form, and especially its short ballot, won the jkrpport of municipal
reformers in the first few decades of the twentieth century. However, experience pointed up serious
defects, and its popularity fell off rapidly. Only a few American cities have a commission form of
government today.
The commission form has three chief defects:
1. The lack of a single chief executive (or, the presence of several chiefs among equals) makes it difficult to
assign responsibility. This can also mean that the city has no effective political leadership.
2. A built-in tendency toward "empire building" often surfaces. Each commissioner tries to draw as much
of the city's money and influence as possible to his or her own department.
3. A lack of coordination plagues the topmost levels of policymaking and administration. Each
commissioner is likely to equate the city-wide public good with the particular interests and functions of
his or her department.
The Council-Manager Form
The council-manager government is a modification of the mayor-council form. Its main features are (1) a strong
council of usually five or seven members elected at-large on a nonpartisan ballot; (2) a weak mayor
chosen by the voters; and (3) a manager, the city's chief administrative officer, named by the council.
The form first appeared in Ukiah, California. In 1904, that city's council appointed an "executive officer"
to direct the work of city government. In 1908, a similar step in Staunton, Virginia, attracted the attention
of municipal reformers, who then pushed for the adoption of council-manager government throughout
the country. The first charter expressly providing for the council-manager form was granted to the city of
Sumter, South Carolina, in 1912.
The council is the city's policymaking body. The manager carries out the policies the council
Chapter 25 Section 2
makes. He or she is directly responsible to that body for the efficient administration of the city. The
manager serves at the council's pleasure and may be dismissed at any time and for any reason.
Today, most city managers are professionally trained career administrators. As chief administrator, the
manager directs the work of all city departments and has the power to hire and fire all city employees.
The manager also prepares the budget for council consideration and controls the spending of the funds
the council appropriates.
The council-manager plan has the backing of nearly every expert on municipal affairs, and its use has
spread widely. It is now found in more than 8,000 communities, including most of those cities with
populations between 25,000 and 250,000.
The council-manager plan has three major advantages over other forms of city government. First, it is
simple in form. Second, it is clear who has the responsibility for policy, on the one hand, and for its
application, on the other. Third, it relies on highly trained experts who are skilled in modern techniques
of budgeting, planning, computerization, and other administrative tools.
In theory, the nonpolitical manager carries out the policies enacted by the council. Yet in practice the
sharp distinction between policymaking and policy-application seldom exists. The manager is very often
the chief source for new ideas and fresh approaches to the city's problems. On the other hand, the city
council often finds it politically useful to share the responsibility with the "expendable" city manager.
Some critics of council-manager government hold tiiat it is undemocratic because the chief executive is
not elected. Others say that it does not offer strong political leadership. This is a particular shortcoming,
they argue, in larger cities, where the population is often quite diverse and has competing interests.
Support for this view can be seen in the fact that only four cities with over half a million residents have a
council-manager form of government: Dallas and San Antonio, Texas; San Diego, California; and
Phoenix, Arizona.
Council-Manager Form of Government
City Planning
With few exceptions, most American cities developed haphazardly, without a plan, and with no eye to
the future. The results of this
Council
Policymaking body
Mayor
City Manager
Chief Administrator; hires and fires city employees, prepares budget, controls spending
appoints
Department Heads
Administrators of agencies such as public safety, public works, finance, and education
Interpreting Diagrams In the council-manager form of government, a professional manager sees that necessary services are performed for city
residents. What are the advantages of the council-manager system over the other forms of city government?
shortsightedness can be seen in what is often called the core area or the inner city. These are the older and
usually overcrowded central sections of larger cities.
Industrial plants were placed anywhere their owners chose to build them. Rail lines were run through the
heart of the community. Towering buildings shut out the sunlight from the narrow streets below. Main
roads were laid out too close together and sometimes too far apart. Schools, police and fire stations, and
other public buildings were squeezed onto cheap land or put where the political organization could make
a profit. Examples are endless.
Planning Growth
Fortunately, many cities have seen the need to create order out of their random growth. Most have
established some sort of planning agency. This agency usually consists of a planning commission,
supported by a trained professional staff.
A number of factors have prompted this step. The need to correct past mistakes has often been a
compelling reason, of course. Then, too, many cities have recognized both the advantages that can result,
and the pitfalls that can be avoided, through well-planned and orderly development.
Local Government and Finance
37
*iT T T T   XZ.
A Pierre-Charles L'Enfant laid out a plan for Washington, D.C. (above) before a single building was erected. His plan included wide streets run-
ning parallel east to west and large areas reserved for public buildings. Critical Thinking Examine the photo of Washington, D.C. today (right).
How is L'Enfant's plan still in evidence?
Importantly, the Federal Government has spurred cities on. Most federal grant and loan programs
require that cities that seek aid must first have a master plan as a guide to future growth.
City Zoning
The practice of dividing a city into a number of districts, or zones, and regulating the uses to which
property in each of them may be put is called zoning. Generally, a zoning ordinance places each parcel of
land in the city into one of three zones: residential, commercial, or industrial.
Each of these zones is then divided into sub-zones. For example, each of several residential zones may be
broken down into several areas. One may be just for single-family residences. Another may allow both
one-family and two-family dwellings. In still another, apartment houses and other multifamily units may
be allowed.
Most zoning ordinances also prescribe limits on the height and area of buildings, determine how much of
a lot may be occupied by a structure, and set out several other such restrictions on land use. They often
have "setback" requirements, which state that structures must be placed at least a certain distance from
the street and from other property lines.
Zoning is really a phase of city planning, and an important means for ensuring orderly growth. Zoning
still meets opposition from many who object to this interference with their right to use their property as
they choose. Even so, nearly every city of any size in the United States is zoned today. The city of
Houston, where zoning was turned down twice by popular vote, remained the only major exception until
the early 1990s. At that point, the city council finally decided to adopt zoning.
Zoning ordinances must be reasonable. Remember that the 14th Amendment prohibits any State, and
thus its cities, from depriving any person of life, liberty, or property without due process of law. Each of
the 50 State constitutions contains a similar provision.
Clearly, zoning does deprive a person of the right to use his or her property for certain purposes. Thus, if
an area is zoned only for single-family dwellings, you cannot build an apartment house or a service
station on your property in that zone. Zoning can also reduce the value of a particular piece of property.
A choice corner lot, for example, may be much more valuable with a drive-in restaurant on the property
than a house.7
While zoning may at times deprive a person of liberty or property, the key question always is this: Does it
do so without due process? That is, does it do so unreasonably?
Nonconforming uses in existence before a zoning ordinance is passed are almost always allowed to continue. Most ordinances give the city
council the right to grant exceptions, called variances, in cases where property owners might suffer undue hardships.
Chapter 25 Section 2
The question of reasonableness is one for the courts to decide. The Supreme Court first upheld zoning as
a proper use of police power in Euclid v. Amber Realty Co., 1926, a case involving an ordinance enacted by
the city council of Euclid, Ohio.
4lL

Municipal Functions
The services a city provides day in and day out are so extensive that it is almost impossible to catalog
them. Most larger cities, and many smaller ones, issue annual reports on the city's condition. These are
often book-length publications.
Consider just a few of the many things that most or all cities do. They provide police and fire protection.
They build and maintain streets, sidewalks, bridges, street lights, parks and playgrounds, swimming
pools, golf courses, libraries, hospitals, schools, correctional institutions, daycare centers, airports, public
markets, parking facilities, auditoriums, and sports arenas. They furnish public health and sanitation
services, such as sewers and wastewater treatment, garbage collection and disposal, and disease pre-
vention and eradication programs.
Cities operate water, gas, light, and transportation systems. They regulate traffic, building codes,
pollution, and public utilities. Many cities also build and manage public housing projects, provide
summer youth camps, build and operate docks and other harbor facilities, and maintain tourist
attractions.
Suburbs and Metropolitan Areas
The growth of urban areas has raised many problems for city dwellers. Urban growth also affects
residents of nearby suburbs.
The Suburban Boom
About half of all Americans live in suburbs today. The nation's suburbs began to grow rapidly in the
years immediately after World War II, and then on through the 1950s and 1960s. The suburban
A Fire protection is one of the most essential city services. Critical Thinking Why are such services as police and fire protection the function of
local rather than National Government?
growth rate slowed somewhat in the 1970s, but it rebounded in the 1980s and 1990s, especially around
the Sunbelt cities of the South and West.
This dramatic population shift stemmed from Americans' desire for more room, cheaper land, greater
privacy, and less smoke, dirt, noise, and congestion. People also sought less crime, newer and better
schools, safer streets and playing conditions, lower taxes, and higher social status. The car and the
freeway turned millions of rooted city dwellers into mobile suburbanites.
Businesses followed customers to the suburbs, often clustering in shopping centers or malls. Many
industries moved from the central city in search of cheaper land, lower taxes, and a more stable labor
supply. Industries also sought an escape from city building codes, health inspectors, and other regula-
tions. These developments stimulated growth.
This "suburbanitis," as some call it, has added to city-dwellers' woes. As high-income families have
moved out, they have taken their civic, financial, and social resources with them. They have left behind
center cities with high percentages of older people, low-income families, and minorities. Inevitably, both
the need for and the stress on city services have multiplied.
Metropolitan Areas
Suburbanites face their share of problems, too, including the need for water supplies, sewage disposal,
police and fire protection, transportation, and traffic control. Duplication of such functions by city and
suburb or by city and county can be wasteful, even dangerous. More than one fire has raged while
neighboring fire departments quibbled over who was responsible for fighting it.
Attempts to meet the needs of metropolitan areas—cities and the areas around them—have taken several
forms. Over the years, annexation has been the standard means. Outlying areas have simply been
brought within a city's boundaries. Many suburbanites resist annexation,
Local Government and Finance
Interpreting Political Cartoons (a) What is meant by the State of Alabama becoming a suburb of the city of Atlanta, Georgia? (b) What does the
cartoon suggest about urban sprawl?
however. Cities, too, have often been hesitant to take on the burdens involved.
Another approach has been to create special districts designed to meet the problems of heavily populated
urban areas. Their boundaries frequently cut across county and city lines to include an entire
metropolitan area. They often are called metropolitan districts.
These metropolitan districts are generally set up for a single purpose—for example, parks, as in the
Cleveland Metropolitan Park
Development District. In some cases, however, these districts can also handle a number of functions.
In Oregon, a regional agency known as Metro manages several activities in an area that includes
Portland, the State's largest city, and 23 other municipalities. Within this region, Metro is responsible for
land-use and transportation planning, solid-waste disposal programs, and the operation of the Oregon
Convention Center, the Oregon Zoo, Portland's Center for the Performing Arts, and other facilities.
Yet another approach to the challenges facing metropolitan areas is increasing the authority of counties.
Among local governments around the country, counties are generally the largest in area and are most
likely to include those places demanding new and increased services. Dade County, Florida, has
undertaken the nation's most ambitious approach to metropolitan problems. In 1957, Dade (uounty
voters approved the first home-rule charter designed "to create a metropolitan government." Under it, a
countywide metropolitan government (Metro) is responsible for areawide functions. These include fire
and police protection; an integrated water, sewer, and drainage system; zoning; and expressway
construction. Miami and the other 26 cities within the county continue to perform their strictly local
functions and services.
Key Terms and Main Ideas
1. What is the purpose of the incorporation process?
2. What kinds of provisions might you find in a city charter?
3. What are the key differences between a strong-mayor government and a weak-mayor government?
4. List at least five functions of municipal governments.
Critical Thinking
5. Making Comparisons Create a chart comparing the advantages and disadvantages of these types of city government: (a) the
mayor-council form; (b) the commission form; (c) the council-manager form.
Determining Cause and Effect Trace the history of American population shifts, first to the cities and then to the suburbs. Include
economic and social reasons for the trends.
Take It to the Net
7. Read about the effect of urbanization on water supply and quality. Then create a flowchart that shows (1) why urbanization
affects water supply and quality, (2) how urbanization affects water supply and quality, and (3) how communities can meet these
challenges. Use the links provided in the Social Studies area at the following Web site for help in completing this activity.
www.phschool.com

***
40      Chapter 25 Section 2
Providing Important Services
O BJECTIVES
1. Explain why State governments have a major role in providing important services.
2. Identify the types of services that States and local governments provide.
3. Analyze why the amount and types of services available to citizens vary greatly from State to State.
W HY I T M ATTERS
People are often unaware of the vast array of services provided by State and local governments. The cost of these services has
become a huge burden to many States, which struggle to keep up with the expenses of growing populations.
P OLITICAL D ICTIONARY
★ Medicaid
* welfare
★ entitlement
* urbanization

S    tate governments, you may by now have noticed, are quite similar in form to the Federal
Government. For example, each has three branches of government, all but one have bicameral
legislatures, each has its own constitution, and so on. Given these similarities, it is easy to overlook the
many unique features and functions of your own State government, and the many services it provides to
its citizens.
State Government's Role
Over the course of this book, you have read many times about the key role of the States in the American
federal system. Recall that there was a widespread distrust among the Framers of a strong, central
government. As a result, they created a system in which the States held many important powers. The
Constitution reserves to the States all those powers not expressly delegated to Congress and not
specifically denied to the States.
These reserved powers are broad—in fact, they are too numerous to list here. In addition, the exercise of
these powers varies greatly from one State to the next. Again, that fact reflects the conscious aim of the
Framers and the federal system they created.
Along with the powers reserved to the States come some important responsibilities. Like the Federal
Government, State governments generally aim to fulfill the lofty purposes set forward in the Preamble to
the Constitution; that is, they seek to "establish Justice, ensure domestic Tranquility, provide for the
common defense, promote the general Welfare, and secure the Blessings of Liberty. . . . "
State and Local Services
States provide services to their citizens in two ways: (1) directly, through State agencies and programs,
and (2) through the local governments they establish. State and their local units provide many services to
those who live within their borders. The services they provide fall into a number of broad categories.
< Indiana University, Bloomington States play a major role in funding public higher education. The Indiana University system is no exception.
Local Government and Finance 41 ESQ
State and Local Spending*
   Interpreting JkTj Graphs This graph shows major categories of State and local spending. Included are State parks, as shown above.
Atfl-^

What do these categories suggest about the role of SUite and local spending in Americans' daily lives?
Education Public Welfare Highways
Public Safety
Sanitation and Sewage

Housing and ^ Community Development    pi
Parks and Recreation Natural Resources
100 150 200 250 300 Spending (*ln billions of dollars)
SOURCE: Statistical Abstract of the United States
Education
The education of the State's residents is one of the most important responsibilities that the States have
assumed. It is also the most expensive entry in every State budget, representing more than one third of all
State expenditures.
The cost of providing education has risen sharply in recent decades and continues to increase year to
year. These rising costs, plus demands by voters for improved schools, have led State and local
governments to increase their educational funding. Public schools now spend over 40 percent more on
each pupil than they did in 1980.
Primary and secondary public education is largely the responsibility of local governments. Local taxes,
especially property taxes, provide much of the funding for schools.
Of course, States do provide some financial assistance to their local governments for education. Aid levels
vary widely from State to State. Some States contribute well over half the cost of primary and secondary
education. Others provide only a fraction of the cost.
In addition, States set guidelines in order to maintain high quality in the schools. For example, State laws
establish teacher qualifications, curricula, quality standards for educational materials, and the length of
the school year.
State interest and involvement in such matters have intensified in recent years. Most States have
established "curriculum frameworks" or "content standards" outlining the material that must be covered
in core subjects. Most States have a Statewide testing program in one or more subjects.
At the college and university levels, the States likewise play a major role. States understand that for
businesses to succeed in the State, a ready supply of highly trained college graduates is key. Such a labor
pool is also! necessary to attract new businesses.
Every State also has a public higher education system. Some are extensive, including several universities,
technical schools, and community colleges. California's higher education system is the nation's largest.
The University of California alone has 9 campuses, and California State University has 23. In addition, the
State has an extensive system of community colleges, which offer two-year programs.
Education at State universities and colleges is generally much less expensive than at private institutions.
On average, tuition at four-year public colleges and universities is about one fifth that of private four-year
schools. Nevertheless, many State universities, such as the University of California at Berkeley and the
University of Michigan at Ann Arbor, are ranked among the world's finest schools.
Public Welfare
States take an active role in promoting the health and welfare of their citizens. States pursue this goal by a
variety of means.
1. Vublic health. Most States fund ambitious public health programs. States operate public hospitals and
offer direct care to millions of citizens. They immunize children against dangerous childhood diseases,
such as measles and mumps. With the Federal Government, the
42 Chapter 25 Section 3
States administer such programs as Medicaid,
which provides medical insurance to low-income families.
Recent soaring costs in the health-care industry have placed a great strain on many States' budgets. Many
governors, State legislators, mayors, and other public officials are among the leading advocates of reform
of the nation's health-care system.
2. Cash assistance. Another major area in which States contribute to the well-being of their citizens is cash
assistance to the poor, commonly called welfare. States are now taking a leading role in this area.
Between 1936 and 1996, the Federal Government provided cash assistance to needy families through the
Aid to Families with Dependent Children (AFDC) program. 8 AFDC was an entitlement program, which
means that anyone who met the eligibility requirements was entitled to receive benefits.
The Federal Government and the States shared the costs of providing AFDC benefits. These costs rose
dramatically as the number of AFDC recipients skyrocketed from 1.7 percent of the nation's population in
1960 to 4.1 percent in 1970, 4.7 percent in 1980, and an all-time high of 5.5 percent in 1993 and 1994.
Critics of AFDC pointed to its soaring costs and expanding caseloads as signs of serious problems with
the program. They also saw the lack of a limit on the number of months a person could receive AFDC
benefits as a serious omission. Because of these issues, critics argued that the program encouraged people
to depend on government assistance rather than become self-supporting.
In 1996, Congress responded to these concerns by passing the Personal Responsibility and Work
Opportunity Reconciliation Act. This act replaced AFDC with a new and strikingly different program,
Temporary Assistance to Needy Families (TANF).
Unlike AFDC, TANF is a block grant: The Federal Government gives States a fixed amount of money
each year, regardless of whether the number of TANF recipients rises or falls. States are then free to use
the federal grant, plus the State
funds that they are obliged to contribute, to design and implement their own welfare programs.
TANF limits recipients to a total of five years of assistance during the course of their lifetime (some States
have imposed even shorter time limits). It also requires recipients to work or participate in some form of
vocational training or community service.
The number of people on welfare had begun to decline before creation of the TANF program. It has
plunged since then, falling 46 percent between 1996 and 1999. Many of those who
CLOSE TJP
F   O   U   N   D    A   T   I   O   N



Student Poll
In a recent poll, students were asked their opinion on the following question: The table below lists different ways that people might get
involved in their community and government. How much interest do you have in each activity—a great deal, a fair amount, only some, or not mat
much?
Not
Sure
A Great             A Fair               Only       Not That
Deal of             Amount of            Some       Much
Interest            Interest             Interest   Interest
36%                 27%                  24%        13%


41%                 19%                  15%        22%



27%                 30%                  20%        13%
21%           23%            23%          33%




17%           19%            21%          42%




7%            15%            26%          52%



3% 1%
8AFDC was authorized by Title IV of the Social Security Act of 1935. Until 1962, the program was named Aid to Dependent Children, as the

1935 act was aimed simply at needy dependent children.
charitable causes Voting in elections
Following the news on public policy issues in the newspaper, on television or on the radio
Getting involved in public interest groups, such as World Wildlife Fund or Habitat for Humanity
Writing to elected officials to express your views
Volunteering for a political campaign
Analyzing Data In which types of involvement in their community and government are students most interested? Conducting Polls In your
own school, conduct a poll asking students which types of involvement in their community and government most interest them. How do your
results compare to the results shown in this table?
Local Government and Finance 44
{irk-
i
Issuing Permits
A Promoting Public Welfare State and local governments work to ensure citizens' health and welfare in a variety of ways. These include issuing
construction permits (left), inspecting restaurant kitchens (center), and licensing health-care practitioners (right).
remain on welfare must overcome a number of barriers, such as physical or mental disabilities, in order
to obtain and hold jobs. Now that States have the primary responsibility for welfare, it is their task to find
ways to help these families.
3. Other efforts. States do much more to promote their citizens' health and welfare. They enforce
antipollution laws to protect the environment; they inspect factories and other workplaces to protect
worker safety; they license health-care practitioners to ensure quality care. The list of public welfare
services goes on and on.
Public Safety
One of the oldest law enforcement groups, the legendary Texas Rangers, was established in 1835. Today,
a variety of police forces, from the local sheriff to academy-trained State police, operate in every State to
preserve law and order.
A State's police are perhaps the most visible group, since they patrol the State's roads and highways. State
law-enforcement forces perform other vital services as well. They may function as the primary police
force in rural communities. They investigate crimes. They provide centralized files for fingerprints and
other information. They also provide training and many other services in support of local law-
enforcement agencies.
Each State has its own corrections system for those convicted of committing State crimes. States operate
prisons, penitentiaries, and other facilities, including those for juvenile offenders.
Operating these corrections systems is a growing burden for States. During the 1990s, the number of
persons held in State prisons increased by more than 70 percent. In three States—Texas, Idaho, and West
Virginia—prison populations more than doubled. Today more thah 2 million people are incarcerated,
more than half of them in State prisons. Two causes'of booming prison populations are (1) increases in
the number of people sentenced for violent crimes and (2) the increasing length of the average prison
sentence.
The result is prison overcrowding. Twenty-two State corrections systems are operating at 100 percent or
more of their capacity! California prisons hold nearly twice their capacity.
Another result is rising State corrections spending, which more than doubled between 1985 and 1996.
States now spend more than $25 billion each year to build, staff, and maintain prisons and to house
prisoners. Yet while prison spending grows, it is worth noting that State and local governments still
spend ten times as much on education as on corrections.
In an effort to expand their prison capacity more affordably, many States have hired private contractors
to operate some of their prisons. More than 5 percent of all State prisoners are held in private facilities.
Highways
Building and maintaining roads and highways is an enormous job. It regularly ranks among the most
expensive items in State budgets.
45 Chapter 25 Section 3
Again, the Federal Government is a partner with the States in funding highways. The most impressive
example is the interstate highway system, a network of high-speed roadways that spans the length and
breadth of the continental United States. Construction of the system began with the 1956 Federal-Aid
Highway Act and continues to this day.
The Interstate Highway System, officially called the Dwight D. Eisenhower System of Interstate and
Defense Highways, is now 99 percent finished. When complete, it will total some 45,000 miles. The
Federal Government has paid roughly 90 percent of its cost.
Wliile the Interstate system is a magnificent achievement, it constitutes only a tiny fraction of the nation's
4 million miles of roads. Many roadways are built with State, not federal, funds. States maintain the
roads, as well.
State and local governments must also look after the physical safety of drivers on the roads. Besides
patrolling the roads, State and local governments set speed limits. States license drivers to ensure their
competence. Many States require periodic safety inspections of vehicles.
Other Services
As noted earlier, the many services that the States provide to their citizens are too numerous to be listed
here. No less important, however, are functions such as setting aside public lands for conservation and
recreation; regulating businesses and the commerce they conduct within the State; and protecting
consumers from a variety of dangers and inconveniences.
Variations in Services
State and local governments vary greatly in the amount and types of services they offer their citizens. The
discrepancies among regions stem from several causes.
For example, State budgets vary according to the degree of urbanization—or presence of urban areas—in
each State. Technically, urbanization refers to the percentage of the population of a State living in cities of
more than 250,000 people or in suburbs of cities with more than 50,000.
The budgets of highly urbanized States, such as California and New Jersey, reflect the special challenges
of governing urban areas— such as the expense of managing complicated roads and traffic. More rural
States, such as Vermont and West Virginia, have smaller budgets that accommodate their individual
needs, including support for farmers.
Another factor that affects State and local budgets is physical geography. A State's energy supplies,
agricultural resources, and proximity to transportation networks and major markets all help shape its
economy and budget.


Section H) Assessment t
Key Terms and Main Ideas
1. What is typically the most expensive item in States' budgets?
2. (a) Name three main categories of services that State and local governments provide, (b) For each category, describe a
specific program or service.
3. For whom does the Medicaid program provide benefits?
4. How does urbanization affect State spending?
Critical Thinking
5. Drawing Inferences Why do you think many States lobbied the Federal Government to give them block grants that they could
use to create and manage their own welfare programs?
6. Predicting Consequences Turn to the bar graph on State and Local Spending, on page 734. Choose two categories
and suggest a way to reduce rising costs in each category. What might be the results of such reductions? 7. Expessing Problems
Clearly What challenges do State and local governments face in providing for public welfare and safety? How are governments
meeting these challenges?
8. Find out what services your State and local government provide for your community. Then create a flyer that explains some of
these services to newcomers. Use the links provided in the Social Studies area at the following Web site for help in completing
this activity. www.phschool.com
Local Government and Finance 46
SKILLS FOR LIFE
Filing a Consumer Complaint
O        ne of the functions of American government is to protect consumers. If you believe you're the
victim of a money scam, an unsafe product, shoddy repair work, false advertising, or a warranty that was
not honored, you can file a consumer complaint. The box below lists federal and private sources of
consumer help. For State help, try the attorney general's office. To file a complaint, follow these steps:
1. Keep all records of transactions. Get estimates in writing. If a company representative gives you promises
over the telephone, ask for them in writing. Get the name of the representative you're speaking with, the
time of the call, and take notes from the conversation. What kinds of paper work should you save?
2. If you do not get satisfaction, file a complaint.
Many disagreements can be worked out between you and the individual or company involved. But if that
doesn't work, determine what government
Help for Consumers
^ns^a^froduct Safe^^mmis^on The ®SG is an<
unsafe consumer products and has me authority to ban the sale of them. CPSC responds to consumer complaints.
http://www.cpsc.gov
Consumer Information Center The CIC, cased in Pueblo, Colorado, is perhaps the best-known source of federal consumer
information. The CIC publishes a free catalog of more than 200 free and low-cost publications.
http://www.pueblo.gsa.gov/backgrnd.htm ConsumerWorld This is a nonprofit Web site with links to federal, State, local, and
private consumer resources. Read about the latest money scams, file a complaint, learn about your consumer rights, find the
wholesale price of a car, or look up product reviews. http://www.consumerworld.org
agency handles your type of problem and file your complaint in writing. Using these letter-writing tips,
write a sample first sentence of a complaint letter:
• Include specific facts, such as the date and place of your purchase and a serial or model number. If you
are complaining about a service you received, describe the service and who performed it.
• Include copies of all relevant documents.
• Your tone should be firm, but polite—not angry, sarcastic, or threatening. The person reading your
letter probably was not responsible for your problem, but may be helpful in fixing it.
3. File the complaint promptly. Some complaints must be made within a certain amount of time, so don't delay.
What should you do if you get no response?
Test for Success
Write a fictional letter to a State consumer protection agency to complain about a defective product you bought. Briefly describe problems you
had in getting the manufacturer to fix or replace the product.

[***
47      Chapter 25
Financing State and Local Government
Section Preview I
O BJECTIVES
1. Describe the major Federal and State limits on raising revenue,
2. List the four principles of sound taxation.
3. Identify major tax and nontax sources of State and local revenue.
4. Explain the State budget process.
W HY IT M ATTERS
You pay State and local taxes—indeed, you cannot avoid them. Like most of us, you probably find them to be at least
inconvenient, but they are also quite necessary—and, by and large, a bargain.
POLITICAL D ICTIONARY
★ sales tax
★ regressive tax
★ income tax
★ progressive tax
★ property tax
★ assessment
★ inheritance tax
★ estate tax
★ budget


Y     ou know by now that government is an expensive proposition, and it is becoming more so from year

to year. Altogether, the 50 States and their thousands of local governments now take in and spend well
over 1 trillion dollars a year. How do they get all that money, and how do they decide what to spend it
on?
Limits on Raising Revenue
The States now take in nearly $500 billion in taxes. Local governments collect more than $300 billion. State
and local governments also receive about $500 billion from a number of nontax sources.
The power to tax is one of the major powers reserved to the States in the Federal system. In a strictly legal
sense, then, their taxing power is limited only by the restrictions imposed by the federal Constitution and
those imposed by a State's own fundamental law.9
Federal Limitations
The Federal Constitution does place some restrictions on the taxing abilities of the State and their local
governments. Although few in number, those limits have a major impact on the States and their local
governments.
1. Interstate and Foreign Commerce. The Constitution denies the States the power to "lay any Imposts or
Duties on Imports or Exports" and "any Duty of Tonnage."10 In effect, the States are prohibited from
taxing interstate and foreign commerce. The Supreme Court has often held that because the Constitution
gives Congress the power to regulate that trade, the States are generally forbidden to do so.
2. The Federal Government and Its Agencies. The Supreme Court's decision in McCulloch v. Maryland, 1819,
bars States from taxing the
9Remember, a State's power to tax is also limited by any number of practical considerations, such as economic and political factors. 10Article I,

Section 10, Clauses 2 and 3.
A Property taxes, including those on houses such as these, are a major source of local revenue.
Local Government and Finance
Federal Government or any of its agencies or functions. They are forbidden to do so because, as Chief
Justice Marshall put it in McCulloch: "The power to tax involves the power to destroy." (See page 95.)
3. Fourteenth Amendment Limitations The Due Process and Equal Protection clauses place limits on the
power to tax at the State and local levels. Essentially, the Due Process Clause requires that taxes (1) be
imposed and administered fairly, (2) be not so heavy as to actually confiscate property, and (3) be
imposed only for public purposes.
The Equal Protection Clause forbids the making of unreasonable classifications for the purpose of
taxation. The clause thus forbids tax classifications made on the basis of race, religion, nationality,
political party membership, or any other factors that are deemed to be unreasonable.
Most tax laws involve some form of classification, however. An income tax is applied only to the class of
persons who have income. Likewise, a cigarette tax is collected only from those who buy cigarettes, a
property tax only from those who own property and so on. The Equal Protection Clause does not prevent
these and similar classifications, because they are reasonable ones.
State Limitations
Each State's constitution limits the taxing powers of that State. State constitutions also limit the
▲ In 1978, a successful California ballot measure known as Proposition 13 touched off a series of State and local initiatives to limit property
taxes. Here a family shows their support for that measure (left). At the same time, teachers rallied to express their concern about tax cuts (right).
Critical Thinking (a) Why might teachers be concerned about tax cuts? (b) What other groups might have similar concerns?
taxing powers of their local governments, often in great detail.
Most State constitutions create tax exemptions for religious and other nonprofit groups. State codes often
set maximum rates for levies, such as State sales taxes or local property taxes. Some States prohibit certain
taxes, such as a general sales or personal income taxes.
Since local governments have no independent powers, the only taxes they may impose are those that the
State allows them to levy. States have been reluctant in the matter. Even local units with home-rule
charters are closely restricted on what and how they can tax.
The Principles of Sound Taxation
Any tax, if taken by itself, can be shown to be unfair. If a government's total revenues were to come from
one tax—say, a sales, an income, or a property tax—its tax system would be very unfair. Some people
would bear a rnuch greater burden than others, and some would bear little or none. Each tax should thus
be defensible as part of a tax system.
In his classic 1776 book The Wealth o f Nations, English economist Adam Smith laid out four principles of
a sound tax system, which most tax experts still cite today:
P R I M A R Y

Sources
^1. The subjects o f every state ought to contribute towards the support o f the government as nearly as possible, in
proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the
protection o f the state.
2. The tax which each individual is bound to pay ought to be certain, and not arbitrary.
3. Every tax ought to be levied at the time, or in the manner, in which it is most likely to be convenient for the
contributor to pay it.
4 . Every tax ought to be so contrived as to take out and to keep out o f the pockets o f the people as little as possible
over and above what it brings into the public treasury.
99
Shaping a tax system that meets these standards of equality, certainty, convenience, and economy is just
about impossible. Still, that goal should be pursued.
49 Chapter 25 Section 4
Sources of Revenue
Beyond the limits noted, a State can levy taxes as it chooses. The legislature decides what taxes the State
will levy, and at what rates. It also decides what taxes localities can levy. 11
The Sales Tax
The sales tax is the most productive source of State income today. It accounts for about one third of all tax
monies the States collect each year.
A sales tax is a tax placed on the sale of various commodities; the purchaser pays it. It may be either
general or selective in form. A general sales tax is one applied to the sale of most commodities. A selective
sales tax is one placed only on the sale of certain commodities, such as cigarettes, liquor, or gasoline.
Today, 45 States levy a general sales tax.12 The rates range from 3 percent in Colorado to as much as 7
percent in Mississippi and Rhode Island. All States now levy a selective sales tax on gasoline, alcoholic
beverages, insurance policies, and cigarettes. Most States also impose other selective sales taxes. City and
county governments also levy sales taxes in some States.
Sales taxes are widely used for two major reasons: They are easy to collect, and they are dependable
revenue producers. Yet a sales tax is a regressive tax—that is, it is not levied according to a person's ability
to pay. Everyone in a certain State who buys, say, a hammer, has to pay the same amount of sales tax on
it. Therefore, to a poor person who buys the hammer, the tax is a heavier burden than it is to a wealthy
person who buys it. Critics of regressive taxes say that States should not raise so much of their revenue
from citizens least able to pay.
The latest controversy over sales taxes involves the Internet. The last few years have seen explosive
growth in sales made over the Web. Yet States are prohibited from collecting the sales taxes on most
Internet purchases. That is because products made in one State are sold online to customers across the
country. And the Supreme Court has ruled13 that companies cannot be forced to collect a sales tax on
goods they ship into another State, unless the company has a physical presence in that other State. (That
applies to mail-order as well as Internet sales.)
State and Local Revenue"
Sales Tax Federal Government Insurance Trust Revenue t Property Tax Individual Income Tax Corporate Income Tax
50     100 150 200 Revenue (in billions of dollars)
250
fMoney for such benefits as employee retirement and unemployment compensation that is held in interest-paying trust funds

SOURCE: Statistical Abstract of the United States

                                                                         M
Interpreting Graphs This graph shows the major sources of **J State and local revenue. Are the types of taxes shown on the graph the fairest
ways for States and local governments to pay for services? Explain your answer.
As more people shop via the Internet rather than at traditional "brick-and-mortar" stores, States complain
that the drain on sales tax revenues could force them to compensate by reducing services or raising other
taxes. However, proponents of making Internet sales permanently tax-free contend that doing so would
encourage economic growth. Among the advantages would be freeing online retailers from the complex
task of tracking the multitudes of different taxes imposed by State and local governments.
The Income Tax
The income tax, which is levied on the income of individuals and/or corporations, yields almost one third
of State tax revenues today. Forty-three States levy an individual income tax; forty-six have some form of
corporate income tax.14
11A State constitution sometimes grants certain taxing powers directly to local governments, but this is not common.
12Alaska, Delaware, Montana, New Hampshire, and Oregon have no general sales tax, but each imposes selective sales taxes.
13National Bellas    Hess v. Illinois, 1967, and Quill Corp. v. North Dakota, 1992.
14Nevada, Texas, Washington, and Wyoming levy neither type of income tax. Alaska, Florida, and South Dakota impose only the corporate tax.

Local Government and Finance                   50
The individual income tax is usually a progressive tax—that is, the higher your income, the more tax you
pay. Income tax rates vary among the States, from 1 or 2 percent on lower incomes in most States to 10
percent or more on the highest incomes in a few States. Taxpayers receive various exemptions and
deductions in calculating their taxable income.
Corporate income tax rates are usually a uniform, fixed percentage of income. Only a few States set the
rates on a graduated, or progressive, basis.
The progressive income tax is held by many to be the fairest—or the least unfair—form of taxation,
because it can be geared to a person's ability to pay. If the rates are too high, however, the tax can
discourage individual enterprise.
The Property Tax
A property tax is a levy on (1) real property, such as land, buildings, and improvements that go with the
property if sold; or (2) personal property, either tangible or intangible. Tangible personal property is
movable wealth that is visible and the value of which can be easily assessed, such as computers, cars, and
books. Intangible personal property includes stocks, bonds, mortgages and bank accounts. The property
tax is the chief source of local governments' income today, making up roughly three fourths of their tax
receipts.
The process of determining the value of the property to be taxed is known as assessment.
Interpreting Political Cartoons You might have heard the expression, "Prices have gone through the roof." What point is the cartoon making
about property taxes?
"It was just a sapling when we moved in."
An elected county, township, or city assessor usually carries out the task.
In places where personal property is taxed, the assessment is made each year. Real property is usually
assessed less often, commonly every second or fourth year. The assessor is supposed to visit the property
and examine it to determine its value. In reality, the assessment is often made simply on the basis of the
previous year's figures, which were arrived at in the same way.
Property is usually assessed at less than its true market value. Most property owners seem better satisfied
if the assessment is set at, say, one-half of its real value. Thus, a house assessed at $80,000 may actually be
worth $160,000. If the tax rate is set at 2 percent, the tax will be $1,600. In reality, this result is the same as
a 1 percent tax on the $160,000 house.
Supporters of the property tax argue that because government protects property and often enhances its
value, a tax on property can properly be required to support the government. Critics note that the
property tax lis not truly progressive. Although the amount of real property one owns may have been a
fair measure of one's wealth in earlier times, it is not today. (You might inherit a valuable home, for
instance, but not be wealthy enough to pay the property tax on it.) Second, it is all but impossible to
assess all taxable property on a fair and equal basis.
Inheritance or Estate Taxes
Every State has some form of inheritance or estate tax, sometimes called the "death tax." An inheritance tax
is levied on the beneficiary's (heir's) share of an estate. An estate tax is one levied directly on the full estate
itself.
Business Taxes
A variety of business taxes, in addition to the corporate income tax, are important sources of revenue in
most States. More than half the States impose severance taxes, levies on the removal of natural resources
such as timber, oil, minerals, and fish from the land or water.
Every State has various license taxes that permit people to engage in a certain businesses, occupations, or
activities. For example, all States require that corporations be licensed to do business in the State. Certain
kinds of businesses—chain stores, amusement parks, taverns,
51 Chapter 25 Section 4
Voices on Government
and transportation lines—must have an additional operating license. Most States require the licensing of
doctors, lawyers, dentists, morticians, barbers, hairdressers, plumbers, engineers, electricians, and others.
Many States have levies known as documentary and stock transfer taxes. These are charges made on the
recording, registering, and transfer of such documents as mortgages, deeds, and securities. Some States
also impose capital stock taxes, which are levied on the total assessed value of the shares of stock issued
by a business.
Other Taxes
State and local governments impose a number of other taxes. Payroll taxes produce huge sums for the
States. Money generated by these taxes is held in trust funds for social welfare programs, such as
unemployment, accident insurance, and retirement benefits. More than half the States levy amusement
taxes on admission to theaters, sports events, circuses, and the like. All States levy license taxes for
nonbusiness purposes: motor vehicles and drivers, hunting, fishing, and marriages.
Nontax Sources
State and local governments now take in some $500 billion a year from a wide range of nontax sources.
Nearly half of that huge amount comes in grants from the Federal Government each year.
The States and many of their local governments also make money from a number of publicly operated
business enterprises. Toll bridges and toll roads are popular in the East. Several States, notably
Washington, are in the ferry business. North Dakota markets a flour sold under the brand name Dakota-
Maid and is in the commercial banking business. California operates a short railway line in San Francisco.
Eighteen States are in the liquor business, selling alcohol in State-operated stores.15 For years, Washington
and Oregon jointly owned a distillery in Kentucky and sold its product in their outlets.
15Those states are Alabama, Idaho, Iowa, Maine, Michigan, Mississippi, Montana, New Hampshire, North Carolina, Ohio, Oregon,

Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming. North Carolina's stores are operated by the counties; Wyoming's
liquor monopoly operates only at the wholesale level.
16States that do not have lotteries are Alabama, Alaska, Arkansas, Hawaii, Mississippi, Nevada, North Carolina, North Dakota, Oklahoma,

South Carolina, Tennessee, Utah, and Wyoming.
Frank Chong's experiences in government administration and in education have allowed him to observe how the two can work
together. Chong is Dean of Student Affairs at City College of San Francisco and was elected to the San Francisco School Board in
1998. As he campaigned for that post, Chong spoke about planning schools for the new millennium.
MMy hope is to mobilize all partners who care about children—parents, teachers, municipal government, educators,
and advocates—to create strong neighborhood support systems so that children are nurtured and given
opportunities to support their maximum development. This is the time to make plans, especially as demographic
shifts across San Francisco force us to rethink the best use o f our public resources. ^
Evaluating the Quotation
Chong mentions changes in population as one factor in planning San Francisco's schools. How do demographic changes affect the schools in a
community?
Many cities own and operate their water, electric power, and bus transportation systems. Some cities
operate farmers' markets; rent space in their office buildings, warehouses, and housing projects; and
operate dams and wharves. Receipts from such businesses support the local governments that own them.
Other nontax sources include court fines, sales and lease of public lands, and interest from loans, invest-
ments, and late tax payments.
Several States have relaxed their once-strict antigambling laws, hoping to attract dollars, jobs, and
tourists. State-run lotteries now bring in some $12 billion a year for 38 States and the District of
Columbia.16
Borrowing
State and local governments often must borrow money for unusually large undertakings, such as public
buildings, bridges, and highways, that
Local Government and Finance
52
cannot be paid for out of current income. That borrowing is often done by issuing bonds, much as the
Federal Government does. Generally, State and local bonds are easy to market because the interest from
them is not taxed.
In the past, many State and local governments have defaulted on their debts. Thus, most State
constitutions now place detailed limits on the power to borrow. States' debts now exceed $450 billion, and
local governments owe more than $700 billion.
The Budget Process
A budget is a financial plan for the use of public money, personnel, and property. It is also a political
document, a statement of public policy. In its budget, the State sets its priorities and decides who gets
what and how much.
Until the 1920s, State budgets were the result of haphazard and uncoordinated steps centered in the
legislature. Thus, various State agencies appeared regularly before legislative appropriations committees,
each seeking its own funding, often in bitter competition with one another. Their chances of success
depended far less on need or merit than on their political muscle. When the legislature adjourned, no one
had any real idea of how much it had appropriated or for what.
State budgets are very different today. They remain highly charged political documents, but they are by-
and-large the products of an orderly, planned process.
Forty-seven States17 have now adopted the executive budget, which gives the governor two vital powers:
(1) to prepare the State budget, and (2) to administer the funds the legislature appropriates. In most
States, the governor has the help of a budget agency, appointed by and answering to the governor.
The following typical budget process at State and local levels is similar to the federal process:
1. Each agency prepares estimates pf its needs and expenditures for the upcoming fiscal period.
2. Those estimates are reviewed b^ an executive budget agency.
3. The revised estimates and supporting information are brought together in a budget for the governor to
present to the legislature.
4. The budget is considered part by part, funds are appropriated, and any necessary revenue measures
are passed by the legislature.
5. The governor supervises the execution of the budget—the actual spending—approved by the
legislature.
6. The execution of the budget is given an independent check, or postaudit.
17ln the three other States— Mississippi, South Carolina, and Texas—responsibility for the preparation of the budget is shared by the governor

and the legislature.

Assessment
Key Terms and Main Ideas
1. Explain whether the following taxes are either regressive or progressive: (a) sales tax; (b) income tax.
2. What limits does the Federal Government put on States' ability to tax?
3. What is the difference between an inheritance tax and an estate tax?
4. In what ways do States tax businesses?
Critical Thinking
5. Determining Relevance (a) Restate in your own words Adam Smith's four principles of sound taxation, (b) What do you think
makes each of them important?
Identifying Alternatives (a) What might be the advantages and disadvantages of raising revenue through a State-run lottery? (b) a
State-run business? (c) property taxes?
Take It to the Net
Find out how your State gets its revenue. Then create a table that compares your State's revenue sources with those from at least
one other State in a different region of the country. How do revenue sources differ among these States? What might be the
reasons for these differences? Use the links provided in the Social Studies area at the following Web site for help in completing
this activity. www.phschool.com
J
53 Chapter 26 Section 4
CLOSE UP
F   O   U   N   D   A   T   I   O   N




Supreme Court
Must Local Government Follow the "One
Person, One Vote" Rule?
As the Supreme Court ruled in Baker v. Carr (1962), State legislatures must be apportioned according to population so that each person's
vote has roughly equal weight Should this principle apply to local government as well?
Board of Estimate of City of New York v. Moms (1989)
New York City's Board of Estimate manages all city property, sets salaries of city employees, grants all
city contracts, and shares authority with the City Council over the city budget. The Board has eight
members: the mayor, comptroller, and president of the city council (chosen by citywide election), and the
presidents of New York's five boroughs (chosen by borough election). The three citywide members each
have two votes on the Board, while the borough representatives have one.
Morris and others who lived and voted in Brooklyn, the most populous borough, filed suit in 1981. They
argued that the vote of each person in the less-populous boroughs counted more than each vote in
Brooklyn, because all boroughs had equal representation on the Board despite great differences in
population.
A federal district court dismissed the case, concluding that the Board was a "nonelective, nonlegislative
body." Therefore, past Supreme Court decisions regarding apportionment did not apply to the Board. A
court of appeals reversed that decision. It concluded that the Board really is an elective body, and ordered
the district court to decide whether the Board's selection process met the "one person, one vote" standard.
The district court ruled that it did not meet this standard, the court of appeals agreed with that ruling,
and the City appealed to the Supreme Court.
Arguments for the Board of Estimate
1. The Board is a unique political body with non-legislative powers. Thus it should not have to
meet the "one person, one vote" standard that legislatures must meet.
2. The Board has proven itself effective in the past and should not be disturbed. It is essential to the
governing of New York City.
3. The fact that boroughs of unequal population have equal representation on the Board is not critical,
because the three citywide members have double votes and can outvote the five borough members. Thus
citywide interests predominate on the Board.
Arguments for Morris
1. In order for all citizens to have fair and effective representation in government, all votes must carry
approximately equal weight. The Board's structure is inconsistent with this principle.
2. The principle of "one person, one vote" applies to local governments as well as to State legislatures. The
Board is sufficiently legislative in its powers and must follow this principle.
3. The at-large members do not always vote together, so their majority is only theoretical.
Decide for Yourself
1. Review the constitutional grounds on which each side based its arguments and the specific arguments each side presented.
2. Debate the opposing viewpoints presented in this case. Which viewpoint do you favor?
3. Predict the impact of the Court's decision on local elections and local politics. (To read a summary of the Court's decision,
turn to the Supreme Court Glossary on page 799.)
Local Government and
54
Political Dictionary
county (p. 718) township (p. 718) special district (p. 722) incorporation (p. 726) charter (p. 726)
mayor-council government (p. 726) strong-mayor government (p. 727) weak-mayor government (p. 727) commission
government (p. 728)
council-manager government (p. 728)
zoning (p. 730)
metropolitan area (p. 731)
Medicaid (p. 735)
welfare (p. 735)
entitlement (p. 735)
urbanization (p. 737)
sales tax (p. 741)
regressive tax (p. 741)
income tax (p. 741) progressive tax (p. 742) property tax (p. 742) assessment (p. 742) inheritance tax (p. 742) estate tax (p.
742) budget (p. 744)
Practicing the Vocabulary
Matching Choose a term from the list above that best matches each description.
1. The major unit of local government in most States except Rhode Island and Connecticut
2. A form of city government consisting of three to nine popularly elected commissioners who form a city council
3. A form of city government in which the mayor heads the city administration, prepares the budget, and generally exercises
strong leadership
4. A tax on individual and corporate income
5. A tax that is based on a person's ability to pay
Reviewing Main Ideas
Section 1..................................................................
13. What are the major forms of local government in the United States?
14. In what ways does the function of counties vary from region to region?
15. What are the most common types of special districts?
16. What is the purpose of the New England town meeting?
Section 2.................................................................
17. What are the basic forms of city government?
18. Briefly describe how most cities in the United States developed.
19. Describe the impact of "suburbanitis."
20. What problems are metropolitan districts designed to solve?
Section 3..................................................................
21. Briefly describe the major categories of services that States and local governments provide to their citizens.
Using Words in Context For each of the terms below, write a sentence that shows how it relates to this chapter.
6. incorporation i
7. charter I
8. entitlement
9. special district
10. estate tax i
11. metropolitan area
12. zoning
22. Why was Aid to Families with Dependent Children replaced by the Temporary Assistance to Needy Families program?
23. Why do the amount and types of government services vary from State to State?
24. (a) In what ways do States try to ensure the public safety of their citizens? (b) What challenges do States face in ensuring
public safety?
Section 4....................................................................
25. What are the general limits of State and local governments to tax?
26. List the major categories of taxes that exist at the State and local level.
27. What are the major sources of nontax revenue available to the States?
28. How has the process of drafting a State budget improved since the 1920s?
SXX3 746   Chapter 25
Critical Thinking Skills
29. Applying the Chapter Skill A local jewelry store insists on charging you for fixing your watch, although it is still under
warranty. Write a brief consumer complaint letter to a State agency. Describe the documents you have copied and attached to
support your claim.
30. Predicting Consequences The decision by Houston voters to reject zoning until the early 1990s had noticeable results, (a)
What do you think those results were? (b) What effects might a lack of zoning have on homeowners?
31. Understanding Point of View Some school districts face an uphill battle for funding in communities with a large elderly
population. Why? Explain the points of view that might be involved in such a situation.
32. Formulating Questions Create a list of questions that you would ask your city or town's mayor or other local official to find
out more about local government in your community.
Analyzing Political Cartoons
Using your knowledge of American government and this cartoon, answer the questions below.
"Asfor me, I believe in no taxation, with or without representation."

You Can Make a Difference
What volunteer opportunities does your community have for high school-age youth? Use the telephone book or the Internet to
check on organizations or events such as Youth As Resources, City Year, local food banks, National Youth Service Day, or
Students Against Destructive Decisions. With your classmates, assemble a directory of volunteer opportunities and make it
available in local high schools.
Participation Activities
35. Current Events Watch Find a news report on a proposal to improve the amount or type of funding for schools. Analyze the
proposal: What impact would it have on State and local governments and on school administrators? Would you support or
oppose the proposal?
36. Chart Activity Research the type and organization of your local government. What are the key positions in the government,
and what are their functions? Who has the most power, or is it shared? Summarize your findings in a chart or diagram like the
ones in Section 2.
37. it's Your Turn You have just become a budget analyst for a State or local government. Review the graphs on pages 734 and
741. They reflect both the expense of various services and the services people think are most valuable. Choose one of the charts,
and write a speech explaining how you would seek to change the percentage of funds allocated to certain categories to reflect
your or your community's values. (Writing a Speech)

3 Take It to the Net
Chapter 25 Self-Test As a final review activity, take the Chapter 25 Self-Test in the Social Studies area at the Web site listed
below, and receive immediate feedback on your answers.
www.phschool.com
33. Describe the situation depicted in the cartoon.
34. What would be the impact on government and the services it provides if there were no taxes?
Local Government and Finance 57
f t
III   I
7\
Reference Section
Databank...................................... ...750
The United States: A Statistical Profile............750
Political Map of the United States................752
Presidents of the United States ...................754
Political Map of the World ......................756
Outline of the Constitution .....................758
The Constitution of the United States .......______760
Historical Documents...........................780
The Code of Hammurabi........................780
Madison's N o t e s : Debate of June 6
_^ on the Virginia Plan .........................781
The F e d e r a l i s t No. 10 ...........................783
T h e F e d e r a l i s t No. 51........ ..................785
^ The F e d e r a l i s t No. 78........................., .787
Anti-Federalist Responses...................... .790
The Articles of Confederation................... .793
The Gettysburg Address.........................797
The Emancipation Proclamation.................798
Supreme Court Glossary ........................799
Glossary.........................................807
^ Spanish Glossary.........................--------815
Index............................................826
Acknowledgments.............-----..............841
Stop the Presses............................... .843
Reference Section
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Databank
The United States: A Statistical Profile
Population
                                    ..................... (in thousands)              Land Area     %Land       Population
                                    ........                                                        Federally
State            Capital            2000*              1990                % Change   in Sq. Mi.    Owned       per Sq. Mi.
United States    Washington, D.C.   281,422            248,710             13.2       3,536,278     28.8        79.6
Alabama          Montgomery         4,447              4,041               10.1       50,750        3.4         87.6
Alaska           Juneau             627                550                 14.0       570,374       67.9        1.1
Arizona          Phoenix            5,131              3,665               40.0       113,642       45.6        45.2
Arkansas         Little Rock        2,673              2,351               13.7       52,075        10.2        51.3
California       Sacramento         33,872             29,760              13.8       155,973       44.9        217.2
Colorado         Denver             4,301              3,294               30.6       103,729       36.4        41.5
Connecticut      Hartford           3,406              3,287               3.6        4,845         0.5         703.0
Delaware         Dover              784                666                 17.6       1,955         2.1         401.0
Florida          Tallahassee        15,982             12,938              23.5       53,937        8.3         296.3
Georgia          Atlanta            8,186              6,478               26.4       57,919        5.6         141.3
Hawaii           Honolulu           1,212              1,108               9.3        6,423         14.7        188.7
Idaho            Boise              1,294              1,007               28.5       82,751        62.5        15.6
Illinois         Springfield        12,419             11,431              8.6        55,593        1.8         223.4
Indiana          Indianapolis       6,080              5,544               9.7        35,870        2.2         169.5
Iowa             Des Moines         2,926              2,777               5.4        55,875        0.7         52.4
Kansas           Topeka             2,688              2,478               8.5        81,823        1.3         32.9
Kentucky         Frankfort          4,042              3,685               9.7        39,732        4.8         101.7
Louisiana        Baton Rouge        4,469              4,220               5.9        43,566        4.5         ! 102.6
Maine            Augusta            1,275              1,228               3.8        30,865        1.0         41.3
Maryland         Annapolis          5,296              4,781               10.8       9,775         3.2         541.8
Massachusetts    Boston             6,349              6,016               5.5        7,838         1.6         810.0
Michigan         Lansing            9,938              9,295               6.9        56,809        11.2        174.9
Minnesota        St. Paul           4,919              4,375               12.4       79,617        8.7         61.8
Mississippi      Jackson            2,845              2,573               10.5       46,914        5.9         60.6
Missouri         Jefferson City     5,595              5,117               9.3        68,898        4.8         81.2
Montana          Helena             902                799                 12.9       145,556       28.0        6.2
Nebraska         Lincoln            1,711              1,578               8.4        76,878        1.5         22.3
Nevada           Carson City        1,998              1,202               66.3       109,806       83.1        18.2
New Hampshire    Concord            1,236              1,109               11.4       8,969         13.2
                                                                                                                i     137.8
New Jersey       Trenton            8,414              7,730               8.9        7,419         3.4         : 1,134.1
New Mexico       Santa Fe           1,819              1,515               20.1       121,364       34.2        15.0
New York         Albany             18,976             17,990              5.5        47,224        0.4         401.8
North Carolina   Raleigh            8,049              6,629               21.4       48,718        8.0         165.2
North Dakota     Bismarck           642                639                 0.5        68,994        4.2         9.3
Ohio             Columbus           11,353             10,847              4.7        40,953        1.5         277.2
Oklahoma         Oklahoma City      3,451              3,146               9.7        68,679        2.9         50.2
Oregon           Salem              3,421              2,842               20.4       i   96,002    52.6        35.6
Pennsylvania     Harrisburg         12,281             11,882              3.4        44,820        2.4         274.0
Rhode Island     Providence         1,048              1,003               4.5        1,045         0.6         1,002.9
South Carolina   Columbia           4,012              3,487               15.1       30,111        6.1         133.2
South Dakota     Pierre             755                696                 8.5        75,896        5.6         9.9
Tennessee        Nashville          5,689              4,877               16.7       41,219        6.1         138.0
Texas            Austin             20,852             16,987              22.8       261,914       1.7         79.6
Utah             Salt Lake City     2,233              1,723               29.6       82,168        64.5        27.2
Vermont          Montpelier         609                563                 8.2        9,249         6.3         65.8
Virginia         Richmond           7,079              6,187               14.4       I    39,598   9.0         178.8
Washington       Olympia            5,894              4,867               21.1       66,581        28.5
                                                                                                                Ii
                                                                                                        88.5
WestVirgina                    Charleston                    1,808   1,793   0.8    j   24,087   7.6    75.1
Wisconsin                      Madison                       5,364   4,892   9.6    54,314       5.6    98.8
Wyoming                        Cheyenne                      494     454     8.9    97,105       49.9   5.1
Washington, D.C.                                             572     607     -5.7   61           23.4   9,377.0
* April 1,2000 (Census 2000)
Sources: Bureau of the Census, Federal Election Commission
62       Databank
Population (in thousands)
Popular Vote, 2000 Presidential Election
                    %        African       Hispanict   Foreign   Al Gore             George W. Bush

State              Urban     American      Origin      Born      (Democrat)   %     (Republican)      %       (Green)     |%
United States      80.1      34,862        31,337      7.9       50,996,039   48.38 50,456,141        47.87   2,882,807   !
                                                                                                                          2.73
Alabama            70.1      1,139         45          1.1       692,611      42     941,173          56      18,323      !1
Alaska             41.5      24            25          4.5       79,004       28     167,398          59      28,747
                                                                                                                          i 10
Arizona            87.8      176           1,084       7.6       685,341      45     781,652          51      45,645
                                                                                                                          I3
Arkansas           48.6      41.1          54          1.1       422,768      46     472,940          51      13,421      i1
California         96.7      2,487         10,460      21.7      5,861,203    53     4,567,429        42      418,707     I4
Colorado           84.0      176           604         4.3       738,227      42     883,748          51      91,434
                                                                                                                          I5
Connecticut        95.6      309           279         8.5       816,015      56     561,094          38      64,452
                                                                                                                          I4
Delaware           81.6      149           28          3.3       180,068      55     137,288          42      8,307       !3
Florida            93.0      2,333         2,334       12.9      2,912,253    49     2,912,790        49      97,488      i2
Georgia            68.9      2,236         240         2.7       1,116,230    43     1,419,720        55      13,273      i1
Hawaii             73.1      34            95          14.7      205,286      56     137,845          37      21,623
                                                                                                                          I6
Idaho              38.3                    93          2.9       138,637      28     336,937          67      12,292      I2
Illinois           84.5      1,854         1,276       8.3       2,589,026    55     2,019,421        43      103,759     i2
Indiana            71.7      498           154         1.7       901,980      41     1,245,836        57      18,531      i1
Iowa               44.6      58            62          1.6       638,517      49     634,373          48      29,374      !2
Kansas             56.4      157           148         2.5       399,276      37     622,332          58      36,086
                                                                                                                          I3
Kentucky           48.3      288           35          0.9       638,898      41     872,492          57      23,192      i2
Louisiana          75.2      1,415         119         2.1       792,344      45     927,871          53      20,473      i1
Maine              35.8      6             9           3.0       319,951      49     286,616          44      37,127      !6
Maryland           92.7      1,454         199         6.6       1,144,008    57     813,827          40      53,768      !3
Massachusetts      96.1      405           391         9.5       1,616,487    60     878,502          33      173,564     I6
Michigan           82.6      1,415         276         3.8       2,170,418    51     1,953,139        46      84,165
                                                                                                                          I2
Minnesota          70.1      149           93          2.6       1,168,266    48     1,109,659        46      126,696     !5
Mississippi        35.9      1,010         24          0.8       404,614      41     572,844          58      8,122       !1
Missouri           68.0      617           91          1.6       1,111,138    47     1,189,924        50      38,515      i2
Montana            33.4      3             16          1.7       137,126      33     240,178          58      24,437
                                                                                                                          I6
Nebraska           51.8      68            77          1.8       231,780      33     433,862          62      24,540      !4
Nevada             86.1      140           304         8.7       279,978      46     301,575          50      15,008
                                                                                                                          I2
New Hampshire      60.2      9             20          3.7       266,348      47     273,559          48      22,188      !4
New Jersey         100.0     1,197         1,027       12.5      1,788,850    56     1,284,173        40      94,554
                                                                                                                          f3
New Mexico         57.0      46            708         5.3       286,783      48     286,417          48      21,251      !4
New York           91.9      3,222         2,661       15.9      4,107,697    60     2,403,374        35      244,030
                                                                                                                          I4
North Carolina     67.1      1,686         176         1.7       1,257,692    43     1,631,163        56
                                                                                                                          I0
North Dakota       43.1      4             7           1.5       95,284       33     174,852          61      9,486       I3
Ohio               81.0      1,304         185         2.4       2,183,628    46     2,350,363        50      117,799     !3
Oklahoma           60.5      262           137         2.1       474,276      38     744,337          60                  !0
Oregon             72.7      62            213         4.9       720,342      47     713,577          47      77,357      !5
Pennsylvania       84.5      1,170         326         3.1       2,485,967    51     2,281,127        46      103,392     i2
Rhode Island       93.8      50            69          9.5       249,508      61     130,555          32      25,052
                                                                                                                          I6
South Carolina     70.0      1,157         54          1.4       566,039      41     786,892          57      20,279      i1
South Dakota       34.0      5             9           1.1       118,804      38     190,700          60
                                                                                                                          I0
Tennessee          67.8      913           67          1.2       981,720      47     1,061,949        51      19,781      i1
Texas              84.5      2,470         6,045       9.0       2,433,746    38     3,799,639        59      137,994     !2
Utah               76.7      19            151         3.4       203,053      26     515,096          67      35,850      !5
Vermont                 27.9        3              5     3.1   149,022     51   119,775     41   20,374    i7
Virginia                78.1        1,385          266   5.0   1,217,290   44   1,437,490   52   59,398    !2
Washington              82.9        204            377   6.6   1,247,652   50   1,108,864   45   103,002
                                                                                                           I4
West Virgina            41.9        56             10    0.9   295,497     46   336,475     52   10,680
                                                                                                           I2
Wisconsin               67.8        293            140   2.5   1,242,987   48   1,237,279   48   94,070    !4
Wyoming                 29.6        4              29    1.7   60,481      28   147,947     68   4,625
                                                                                                           I2
Washington, D.C. 100.0              319            38    9.7   171,923     85   18,073      9    10,576
                                                                                                           I5
t Persons of Hispanic origin may be of any race.

Databank        64
Political Map of the United States
h6b°E
PACIFIC OCEAN
Databank
t
Presidents of the United States
George Washington
Abraham Lincoln
Theodore Roosevelt
a State of residence when elected; if born in another State, that State in parentheses.
D Democratic-Republican
c Johnson, a War Democrat, was elected Vice-President on the coalition Union Party ticket.
d Resigned October 10,1973.
e Nominated by Nixon, confirmed by Congress on December 6,1973.
f Nominated by Ford, confirmed by Congress on December 19,1974.




    George Washington (1732-1799)                                  Federalist                Virginia             1789
    ; John Adams (1735-1826)                                       Federalist                Massachusetts        1797
    Thomas Jefferson (1743-1826)                                   Dem-Repb                  Virginia             1801
    James Madison (1751-1836)                                      Dem-Rep                   Virginia r           1809
    James Monroe (1758-1831)                                       Dem-Rep                   Virginia             1817
    John Q. Adams (1767-1848)                                      Dem-Rep                   Massachusetts !      1825
    Andrew Jackson (1767-1845)                                     Democrat                  Tennessee (SC)       1829
    Martin Van Buren (1782-1862)                                   Democrat                  New York             1837
    William H. Harrison (1773-1841)                                Whig                      Ohio (VA)            1841
    ! John Tyler (1790-1862)                                       Democrat                  Virginia             1841
    1 James K. Polk (1795-1849)                                    Democrat                  Tennessee (NC)       1845
    Zachary Taylor (1784-1850)                                     Whig                      Louisiana (VA)       1849
    Millard Fillmore (1800-1874)                                   Whig                      New York             1850
    Franklin Pierce (1804-1869)                                    Democrat                  New Hampshire        1853
    James Buchanan (1791-1868)                                     Democrat                  Pennsylvania         1857
    Abraham Lincoln (1809-1865)                                    Republican                Illinois (KY)        1861
    i Andrew Johnson (1808-1875)                                   Democrat0                 Tennessee (NC) j     1865
    \ Ulysses S. Grant (1822-1885)                                 Republican                Illinois (OH)        1869
    Rutherford B. Hayes (1822-1893)                                Republican                Ohio                 1877
    James A. Garfield (1831 -1881)                                 Republican                Ohio                 1881
    Chester A. Arthur (1829-1896)                                  Republican                New York (VT)        1881
    Graver Cleveland (1837-1908)                                   Democrat                  New York (NJ)        1885
    Benjamin Harrison (1833-1901)                                  Republican                Indiana (OH)         1889
    : Graver Cleveland (1837-1908)                                 Democrat                  New York (NJ)        1893
    William McKinley (1843-1901)                                   Republican                Ohio                 1897
    Theodore Roosevelt (1858-1919)                                 Republican                New York             1901
    William H. Taft (1857-1930)                                    Republican                Ohio                 1909
    Woodrow Wilson (1856-1924)                                     Democrat                  New Jersey (VA)      1913
    Warren G. Harding (1865-1923)                                  Republican                Ohio                 1921
    Calvin Coolidge (1872-1933)                                    Republican                Massachusetts (VT)   1923
    Herbert Hoover (1874-1964)                                     Republican                California (IA)      1929
    Franklin Roosevelt (1882-1945)                                 Democrat                  New York             1933
    Harry S Truman (1884-1972)                                     Democrat                  Missouri             1945
Dwight D. Eisenhower (1890-1969)   Republican   New York (TX) ,   1953
John F. Kennedy (1917-1963)        Democrat     Massachusetts     1961
Lyndon B. Johnson (1908-1973)      Democrat     Texas       \     1963
Richard M. Nixon (1913-1994)       Republican   New York (CA)     1969
Gerald R. Ford (1913- )            Republican   Michigan (NE)     1974
James E. Carter (1924- )           Democrat     Georgia           1977
Ronald W. Reagan (1911- )          Republican   California (IL)   1981
George H.W. Bush (1924- )          Republican   Texas (MA)        1989
William J. Clinton (1946- )        Democrat     Arkansas          1993
j George W. Bush (1946- )          Republican   Texas             2001
68    Databank
A©E       ON' f TAKING :
RELIGION
Episcopalian Unitarian
Episcopalian
Episcopalian
Unitarian
Presbyterian
Dutch Reformed
Episcopalian
Episcopalian
Presbyterian
Episcopalian
Unitarian
Episcopalian
Presbyterian
Methodist
Methodist
Disciples of Christ
Episcopalian
Presbyterian
Presbyterian
Presbyterian
Methodist
Dutch Reformed
Unitarian
Presbyterian
Baptist
Congregationalist
Quaker
Episcopalian
Baptist
Presbyterian
Roman Catholic
Disciples of Christ
Quaker
Episcopalian
Baptist
Episcopalian
Episcopalian
Baptist
Episcopalian
ANCESTRY
English
English
tile\sh
English
Scottish
English
Scots-Irish
Dutch
English
English
Scots-Irish
English
English
English
Scots-Irish
English
English
English-Scottish
Scottish
English
Scots-Irish
English-Irish
English
English-Irish
Scots-Irish
Dutch
English
Scots-Irish
English-Scottish-lrish English
Swiss-German Dutch
English-Scottish-Irish
Swiss-German
Irish
English
Scots-Irish
English
English-Scottish-Irish
English-Scottish-Irish
English
English
English
VICE 0*?ESIDENT(S)
John Adams Thomas Jefferson Aaron Burr/George Clinton George Clinton/Elbridge Gerry Daniel D. Tompkins John C.Calhoun
John C. Calhoun/Martin Van Buren Richard M. Johnson John Tyler none
George M. Dallas Millard Fillmore none
William R. King
John C. Breckinridge
Hannibal Hamlin/Andrew Johnson
none
Schuyler Colfax/Henry Wilson William A. Wheeler Chester A. Arthur none
Thomas A. Hendricks
Levi P. Morton
Adlai E. Stevenson
Garret A. Hobart/Theodore Roosevelt
Charles W. Fairbanks
James S. Sherman
Thomas R. Marshall
Calvin Coolidge
Charles G. Dawes
Charles Curtis
John N. Garner/Henry A. Wallace/Harry S Truman
Alben W. Barkley
Richard M. Nixon
Lyndon B. Johnson
Hubert H. Humphrey
Spiro T. Agnewd/Gerald R. Forde
Nelson A. Rockefeller*
Walter F. Mondale
George H. W. Bush
J. Danforth Quayle
Albert Gore, Jr.
Richard B. Cheney
Woodrow Wilson
Franklin Roosevelt
Ronald Reagan
Databank 71
Political Map of the World
■ 80'N
ARCTIC OCEAN
mo w
TOGO   Viijl^i'iV
72         Databank
20   E 40   E
•s^T"-—
SVALBARDD (Nor.)
^M^,             80   E 1.00T                        120'E            140       E       160   E
NORTHERN^ w-kp ,       ,,,«, ,\ MARIANA   IS^U.S.)           L   (U    b    '       '
Databank
73
An Outline of the
Constitution of the
United States
u TheAmerican Constitution i s the most wonderful Work ever struck off at a
given time b y the brain and purpose of man. y*
—William E. Gladstone
Preamble
ARTICLE I       LEGISLATIVE DEPARTMENT
Section 1.      Legislative Power, the Congress

Section 2.      House of Representatives
Section 3.      Senate
Section 4.      Elections and Meetings
Section 5.      Legislative Proceedings
Section 6.      Compensation, Immunities,
                and Disabilities of Members
Section 7.      Revenue Bills; President's Veto
Section 8.      Powers of Congress
Section 9.      Powers Denied to Congress
Section 10.     Powers Denied to the States

ARTICLE H       EXECUTIVE DEPARTMENT
Section 1.      Executive Power; The President; Term;
                Election; Qualifications;
                Compensation; Oath of Office
Section 2.      President's Powers and Duties
Section 3.      President's Powers and Duties
Section 4.      Impeachment

ARTICLE ffl     JUDICIAL DEPARTMENT
Section 1.      Judicial Power; Courts; Terms of Office

Section 2.      Jurisdiction
Section 3.        Treason
ARTICLE IV          RELATIONS AMONG THE
                    STATES
Section 1.          Full Faith and Credit

Section 2.          Privileges and Immunities of Citizens
Section 3.          New States, Territories i
Section 4.          Protection Afforded to States by
                    the Nation

ARTICLE V           PROVISIONS FOR AMENDMENT

ARTICLE VI          PUBLIC DEBTS; SUPREMACY
                    OF
                    NATIONAL LAW; OATH
Section 1.          Validity of Debts

Section 2.          Supremacy of National Law
Section 3.          Oaths of Office

ARTICLE W           RATIFICATION OF
                    CONSTITUTION
AMENDMENTS


1st Amendment       Freedom of Religion, Speech, Press,
                    Assembly, and Petition
2nd Amendment       Right to Keep, Bear Arms
3rd Amendment       Lodging Troops in Private Homes
4th Amendment       Search, Seizures, ProperiWarrants
5 th Amendment      Criminal Proceedings, Due Process,
                    Eminent Domain
75
Outline of the Constitution
AMENDMENTS
AMENDMENTS
6th Amendment 7th Amendment 8th Amendment 9th Amendment 10th Amendment 11th Amendment
12th Amendment
13th Amendment Section 1.
Section 2. 14th Amendment Section 1.
Section 2.
Section 3.
Section 4.
Section 5. 15 th Amendment
Section 1.
Section 2. 16th Amendment 17th Amendment
Section 1.
Section 2.
Section 3.
18th Amendment
Section 1.
Section 2.
Section 3. 19th Amendment
Section 1.
Section 2.
Criminal Proceedings
Jury Trials in Civil Cases
Bail; Cruel, Unusual Punishment
Unenumerated Rights
Powers Reserved to the States
Suits Against the States
Election of President and Vice President
Slavery and Involuntary Servitude
Slavery and Involuntary Servitude Prohibited
Power of Congress
Rights of Citizens
Citizenship; Privileges and
Immunities; Due Process; Equal Protection
Apportionment of Representation
Disqualification of Officers
Public Debt
Powers of Congress
Right to Vote—Race, Color, Servitude
Suffrage Not to Be Abridged
Power of Congress
Income Tax
Popular Election of Senators
Popular Election of Senators
Senate Vacancies
Inapplicable to Senators Previously Chosen
Prohibition of Intoxicating Liquors Intoxicating Liquors Prohibited Concurrent Power to Enforce Time Limit on Ratification Equal
Suffrage—Sex Suffrage Not to Be Abridged Power of Congress
20th Amendment
Section 1.
Section 2. Section 3.
Section 4.
Section 5. Section 6. 21st Amendment Section 1. Section 2.
Section 3. 22nd Amendment
Section 1.
Section 2. 23rd Amendment
Section 1. Section 2. 24th Amendment
Section 1. Section 2. 25 th Amendment
Section 1.
Section 2.
Section 3. 26th Amendment
Section 1.
Section 2. 27th Amendment
Commencement of Terms; Sessions of Congress; Death or Disqualification of President-Elect
Terms of President, Vice President, members of Congress
Sessions of Congress
Death or Disqualification of President-Elect
Congress to Provide for Certain Successors
Effective Date
Time Limit on Ratification
Repeal of 18th Amendment
Repeal of Prohibition
Transportation, Importation of Intoxicating Liquors
Time Limit on Ratification
Presidential Tenure
Restriction on Number of Terms
Time Limit on Ratification
Inclusion of District of Columbia in Presidential Election Systems
Presidential Electors for District
Power of Congress
Right to Vote in Federal Elections-Tax Payment
Suffrage Not to Be Abridged
Power of Congress
Presidential Succession; Vice Presidential Vacancy; Presidential Inability
Presidential Succession
Vice Presidential Vacancy
Presidential Inability
Right to Vote—Age
Suffrage Not to Be Abridged
Power of Congress
Congressional Pay
Outline of the Constitution 77
The Preamble states the broad purposes the Constitution is intended to serve—to establish a government that provides for greater cooperation
among the States, ensures justice and peace, provides for defense against foreign enemies, promotes the general well-being of the people, and
secures liberty now and in the future. The phrase WethePeopleemphasizes the twin concepts of popular sovereignty and of representative
government.
LEGISLATIVE DEPARTMENT Section 1. Legislative power; Congress
Congress, the nation's lawmaking body, is bicameral in form; that is, it is composed of two houses: the Senate and the House of
Representatives. The Framers of the Constitution purposely separated the lawmaking power from the power to enforce the laws (Article II, the
Executive Branch) and the power to interpret them {Article III, the Judicial Branch). This system of separation of powers is supplemented by a
system of checks and balances; that is, in several provisions the Constitution gives to each of the three branches various powers with which it
may restrain the actions of the other two branches.
Section 2. House of Representatives
Clause 1. Election Electors means voters. Members of the House of Representatives are elected every two years. Each State must permit the
same persons to vote for United States representatives as it permits to vote for the members of the larger house of its own legislature. The 17th
Amendment (1913) extends this requirement to the qualification of voters for United States senators.
Clause 2. Qualifications A member of the House of Representatives must be at least 25 years old, an American citizen for seven years, and a
resident of the State he or she represents. In addition, political custom requires that a representative also reside in the district from which he or
she is elected'.
Clause 3. Apportionment The number of representatives each State is entitled to is based on its population, which is counted every 10 years in
the census. Congress reapportions the seats among the States after each census. In the Reapportionment Act of 1929, Congress fixed the
permanent size of the House at 435 members with each State having at least one representative. Today there is one House seat for
approximately every 650,000 persons in the population.
The words "three-fifths of all other persons" referred to slaves and reflected the Three-Fifths Compromise reached by the Framers at
Philadelphia in 1787; the phrase was made obsolete, was in effect repealed, by the 13th Amendment in 1865.
78
Clause 4. Vacancies The executive authority refers to the governor of a State. If a member leaves office or dies before the expiration of his or her
term, the governor is to call a special election to fill the vacancy.
United States Constitution

United States Constitution
PREAMBLE
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this Constitution for the United States of America.
Article I. Section 1.
All legislative Powers herein granted shall be ivested in a Congress of the United States, which shall consist of a Senate and
House of Representatives.
Section 2. |,
1. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States,
and the Electors in each State phall have the Qualifications requisite for Electors of the most numerous Branch of the State
Legislature. i
2. No Person shall be a Representative who shall not have attained to the age of twenty-five Years, and been seven Years a
Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. j
i,
3. Representatives and direct Taxes * shall be apportioned among the several States which may be included! within this Union,
according to their respective Numbers, which shall be
determined by adding to the whole Number of free Person including those bound to Service for a Term of Years and excluding
Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within fJfiree Years after the first
Meeting of the Congress of the United States, and within every subsequent term of ten Years, In such Manner as they shall by
Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least
one Representative; and, until such enumeration shall be made, the State of New Hampshire shall be entitled to choose thre(e,
Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
*The black lines indicate portions of the Consfkitksn altered by subsequent amendments to the document.
United States Constitution
liTiriWM M witttiiii'twiiyiiiiiiiiiiwiyiiiiiiiwiiiiimii 111
           II



5. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3.
1. The Senate of the United States shall be composed of two Senators from each State chosen by the Legislature thereof for six
Years; and each Senator shall have one Vote.
2. Immediately after they shall be assembled in Consequences of the first Election, they shall be divided, as equally as may be,
into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year; of the second
Class, at the Expiration of the fourth Year; and of the third Class, at the Expiration of the sixth Year; so that one-third may be
chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill
such Vacancies.
3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
4. The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally
divided.
5. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when
he shall exercise the Office of President of the United States.
6. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted
without the Concurrence of two thirds of the Members present.
7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust, or Profit under the United States: but the Party convicted shall nevertheless be liable and
subject to Indictment, Trial, Judgment and Punishment, according to Law.
Clause 5. Officers; impeachment The House elects a Speaker, customarily chosen from the majority party in the House. Impeachment means
accusation. The House has the exclusive power to impeach, or accuse, civil officers; the Senate (Article I, Section 3, Clause 6) has the exclusive
power to try those impeached by the House.
Section 3. Senate
Clause 1. Composition, election, term Each State has two senators. Each serves for six years and has one vote. Originally, senators were not
elected directly by the people, but by each State's legislature. The 17th Amendment, added in 1913, provides for the popular election of
senators.
Clause 2. Classification The senators elected in 1788 were divided into three groups so that the Senate could become a "continuing body."
One-third of the Senate's seats are up for election every two years.
The 17th Amendment provides that a Senate vacancy is to be filled at a special election called by the governor; State law may also permit the
governor to appoint a successor to serve until that election is held.
Clause 3. Qualifications A senator must be at least 30 years old, a citizen for at least nine years, and a resident of the State from which elected.
Clause 4. Presiding officer The Vice President presides over the Senate, but may vote only to break a tie.
Clause 5. Other officers The Senate chooses its own officers, including a president pro tempore to preside when the Vice President is not there.
Clause 6. Impeachment trials The Senate conducts the trials of those officials impeached by the House. The Vice President presides unless the
President is on trial, in which case the Chief Justice of the United States does so. A conviction requires the votes of two-thirds of the senators
present.
No President has ever been convicted. In 1868 the House voted eleven articles of impeachment against President Andrew Johnson, but the
Senate fell one vote short of convicting him. In 1974 President Richard M. Nixon resigned the presidency in the face of almost certain
impeachment by the House. The House brought two articles of impeachment against President Bill Clinton in late 1998. Neither charge was
supported by even a simple majority vote in the Senate, on February 12,1999.
Clause 7. Penalty on conviction The punishment of an official convicted in an impeachment case has always been removal from office. The
Senate can also bar a convicted person from ever holding any federal office, but it is not required to do so. A convicted person can also be tried
and punished in a regular court for any crime involved in the impeachment case.
United States Constitution
79
United States Constitution
80
Section 4. Elections and Meetings
Clause 1. Election In 1842 Congress required that representatives be elected from districts within each State with more than one seat in the
House. The districts in each State are drawn by that State's legislature. Seven States now have only one seat in the House: Alaska, Delaware,
Montana, North Dakota, South Dakota, Vermont, and Wyoming. The 1842 law also directed that representatives be elected in each State on
the same day: the Tuesday after the first Monday in November of every even-numbered year. In 1914 Congress also set that same date for the
election of senators.
Clause 2. Sessions Congress must meet at least once a year. The 20th Amendment (1933) changed the opening date to January 3.
Section 5. Legislative Proceedings
Clause 1. Admission of members; quorum In 1969 the Supreme Court held that the House cannot exclude any member-elect who satisfies the
qualifications set out in Article I, Section 2, Clause 2.
A majority in the House (218 members) or Senate (51) constitutes a quorum. In practice, both houses often proceed with less than a quorum
present. However, any member may raise a point of order (demand a "quorum call"). If a roll call then reveals less than a majority of the
members present, that chamber must either adjourn or the sergeant at arms must be ordered to round up absent members.
Clause 2. Rules Each house has adopted detailed rules to guide its proceedings. Each house may discipline members for unacceptable
conduct; expulsion requires a two-thirds vote.
Clause 3. Record Each house must keep and publish a record of its meetings. The Congressional Record is published for every day that either house
of Congress is in session, and provides a written record of all that is said and done on the floor of each house each session.
Clause 4. Adjournment Once in session, neither house may suspend (recess) its work for more than three days without the approval of the other
house. Both houses must always meet in the same location.
Section 6. Compensation, Immunities, and Disabilities of Members
Clause 1. Salaries; immunities Each house sets its members' salaries, paid by the United States; the 27th Amendment (1992) modified this
pay-setting power. This provision establishes "legislative immunity." The purpose of this immunity is to allow members to speak and debate
freely in Congress itself. Treason is strictly defined in Article III, Section 3. A felony is any serious crime. A breach of the peace is any indictable
offense less than treason or a felony; this exemption from arrest is of little real importance today.
Clause 2. Restrictions on office holding No sitting member of either house may be appointed to an office in the executive or in the judicial
branch if that position was created or its salary was increased during that member's current elected term. The second
Section 4.
1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by law make or alter such Regulations, except as to the Places of choosing
Senators.
2. The Congress shall assemble at least once in ejjery Year, and such Meeting shall be on the first Monday in December, unless
they shall by Law appoint a different DayJ
Section 5.
1. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under $uch Penalties, as each House may provide. i
2. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the
Concurrence of two thirds, expel a Member.
3. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in
their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of
one fifth of those Present, be entered on the Journal. !
4. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor
to any other Place than that in which the two Houses shall be sitting.
Section 6.
1; The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of
the Treasury of the United States. They shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from
Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for
any Speech or Debate in either House, they shall not be questioned in any other Place.
2. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the
Authority of the United States, which shall have been created, or the Emoluments whereof shall have
United Slates Constitution
United States Constitution
been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House
during his Continuance in Office.
Section 7.
1. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with
amendments as on other Bills.
2. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented
to the President of the United States: If he approve, he shall sign it, but if not he shall return it, with his Objections to that
House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If
after such Reconsideration two thirds of the House shall agree to pass the Bill, it shall be sent, together with the Objections, to
the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President
within ten Days (Sunday excepted) after it shall have been presented to him, the Same shall be a law, in like Manner as if he
had signed it, unless the Congress by their Adjournment, prevent its Return, in which Case it shall not be a Law.
3. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary
(except on a question of adjournment) shall be presented to the President of the United States; and before the Same shall take
Effect, shall be approved by him, or, being disapproved by him, shall be repassed by two thirds of the Senate and House of
Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8.
The Congress shall have Power
1. To lay and collect Taxes, Duties, Imposts and Excises to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises, shall be uniform throughout the United States;
2. To borrow Money on the credit of the United States;
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
part of this clause—forbidding any person serving in either the executive or the judicial branch from also serving in Congress— reinforces the
principle of separation of powers.
Section 7. Revenue Bills, President's Veto
Clause 1. Revenue bills All bills that raise money must originate in the House. However, the Senate has the power to amend any revenue bill sent
to it from the lower house.
Clause 2. Enactment of laws; veto Once both houses have passed a bill, it must be sent to the President. The President may (1) sign the bill, thus
making it law; (2) veto the bill, whereupon it must be returned to the house in which it originated; or (3) allow the bill to become law without
signature, by not acting upon it within 10 days of its receipt from Congress, not counting Sundays. The President has a fourth option at the end
of a congressional session; If he does not act on a measure within 10 days, and Congress adjourns during that period, the bill dies; the "pocket
veto" has been applied to it. A presidential veto may be overridden by a two-thirds vote in each house.
Clause 3. Other measures This clause refers to joint resolutions, measures Congress often passes to deal with unusual, temporary, or
ceremonial matters. A joint resolution passed by Congress and signed by the President has the force of law, just as a bill does. As a matter of
custom, a joint resolution proposing an amendment to the Constitution is not submitted to the President for signature or veto. Concurrent and
simple resolutions do not have the force of law and, therefore, are not submitted to the President.
Section 8. Powers of Congress
Clause 1. The 18 separate clauses in this section set out 27 of the many expressed powers the Constitution grants to Congress. In this clause
Congress is given the power to levy and provide for the collection of various kinds of taxes, in order to finance the operations of the government.
All federal taxes must be levied at the same rates throughout the country.
Clause 2. Congress has power to borrow money to help finance the government. Federal borrowing is most often done through the sale of bonds
on which interest is paid. The Constitution does not limit the amount the government may ! borrow.
Clause 3. This clause, the Commerce Clause, gives Congress the power to regulate both foreign and interstate trade. Much of what Congress
does, it does on the basis of its commerce power.
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Clause 4. Congress has the exclusive power to determine how aliens may become citizens of the United States. Congress may also pass laws
relating to bankruptcy.
Clause 5. Congress has the power to establish and require the use of uniform gauges of time, distance, weight, volume, area, and the like.
Clause 6. Congress has the power to make it a federal crime to falsify the coins, paper money, bonds, stamps, and the like of the United States.
Clause 7. Congress has the power to provide for and regulate the transportation and delivery of mail; "post offices" are those buildings and
other places where mail is deposited for dispatch; "post roads" include all routes over or upon which mail is carried.
Clause 8. Congress has the power to provide for copyrights and patents. A copyright gives an author or composer the exclusive right to control
the reproduction, publication, and sale of literary, musical, or other creative work. A patent gives a person the exclusive right to control the
manufacture or sale of his or her invention,
Clause 9. Congress has the power to create the lower federal courts, all of the several federal courts that function beneath the Supreme Court.
Clause 10. Congress has the power to prohibit, as a federal crime: (1) certain acts committed outside the territorial jurisdiction of the United
States, and (2) the commission within the United States of any wrong against any nation with which we are at peace.
Clause 11. Only Congress can declare war. However, the President, as commander in chief of the armed forces (Article II, Section 2, Clause 1),
can make war without such a formal declaration. Letters of marque and reprisal are commissions authorizing private persons to outfit vessels
(privateers) to capture and destroy enemy ships in time of war; they were forbidden in international law by the Declaration of Paris of 1856, and
the United States has honored the ban since the Civil War.
Clauses 12 and 13. Congress has the power to provide for and maintain the nation's armed forces. It established the air force as an
independent element of the armed forces in 1947, an exercise of its inherent powers in foreign relations and national defense. The two-year
limit on spending for the army insures civilian control of the military.
Clause 14. Today these rules are set out in a lengthy, oft-amended law, the Uniform Code of Military Justice, passed by Congress in 1950.
Clauses 15 and 16. In the National Defense Act of 1916, Congress made each State's militia (volunteer army) a part of the National Guard.
Today, Congress and the States cooperate in its maintenance. Ordinarily, each State's National Guard is under the command of that State's
governor; but Congress has given the President the power to call any or all of those units into federal service when necessary.
Clause 17. In 1791 Congress accepted land grants from Maryland and Virginia and established the District of Columbia for the nation's capital.
Assuming Virginia's grant would never be needed, Congress returned it in 1846. Today, the elected government of the District's 69 square
miles operates under
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United
States;
5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United Stattes;
7. To establish Post Offices and post Roads;
8. To promote the Progress of Science and useful Arts, by securing, for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
9. To constitute Tribunals inferior to the supreme Court;
10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of nations;                 i
11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12. To raise and support Armies; but no Appropriation of Money to that Use shall be for a longer Te|rm than two Years;
13. To provide and maintain a Navy;
14. To make Rules for the Government and Regulation of the land and naval Forces;
15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
16. To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in
the Service of the United States, reserving to the States respectively the Appointment of ithe Officers, and the Authority of
training the Militia according to the discipline prescribed by Congress;
17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and
to.exercise like
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Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of
Forts, Magazines, Arsenals, Dockyards and other needful Buildings;—And
18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other
Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9.
1. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such
Importation, not exceeding ten dollars for each Person.
2. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public
safety may require it.
3. No Bill of Attainder or ex post facto Law shall be passed.
4. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration hereinbefore directed to
be taken.
5. No Tax or Duty shall be laid on Articles exported from any State.
6. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor
shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another.
7. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement
and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
8. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them,
shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any
King, Prince, or foreign State.
Section 10.
1. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills
of Credit; make any Thing but
the authority of Congress. Congress also has the power to acquire other lands from the States for various federal purposes.
Clause 18. This is the Necessary and Proper Clause, also often called the Elastic Clause. It is the constitutional basis for the many and far-
reaching implied powers of the Federal Government.
Section 9. Powers Denied to Congress
Clause/I. The phrase "such persons" referred to slaves. This provision was part of the Commerce Compromise, one of the bargains struck in
the writing of the Constitution. Congress outlawed the slave trade in 1808.
Clause 2. A writ of habeas corpus, the "great writ of liberty," is a court order directing a sheriff, warden, or other public officer, or a private
person, who is detaining another to "produce the body" of the one being held in order that the legality of the detention may be determined by
the court.
Clause 3. A bill of attainder is a legislative act that inflicts punishment without a judicial trial. See Article I, Section 10, and Article III, Section
3, Clause 2. An ex post facto law is any criminal law that operates retroactively to the disadvantage of the accused. See Article I, Section 10.
Clause 4. A capitation tax is literally a "head tax," a tax levied on each person in the population. A direct tax is one paid directly to the
government by the taxpayer—for example, an income or a property tax; an indirect tax is one paid to another private party who then pays it to the
government—for example, a sales tax. This provision was modified by the 16th Amendment (1913), giving Congress the power to levy "taxes on
incomes, from whatever source derived."
Clause 5. This provision was a part of the Commerce Compromise made by the Framers in 1787. Congress has the power to tax imported
goods, however.
Clause 6. All ports within the United States must be treated alike by Congress as it exercises its taxing and commerce powers. Congress cannot
tax goods sent by water from one State to another, nor may it give the ports of one State any legal advantage over those of another.
Clause 7. This clause gives Congress its vastly important "power of the purse," a major check on presidential power. Federal money can be
spent only in those amounts and for those purposes expressly authorized by an act of Congress. All federal income and spending must be
accounted for, regularly and publicly.
Clause 8. This provision, preventing the establishment of a nobility, reflects the principle that "all men are created equal." It was also intended
to discourage foreign attempts to bribe or otherwise corrupt officers of the government.
Section 10. Powers Denied to the States
Clause 1. The States are not sovereign governments and so [■ cannot make agreements or otherwise negotiate with foreign i states; the power
to conduct foreign relations is an exclusive
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power of the National Government. The power to coin money is also an exclusive power of the National Government. Several powers forbidden
to the National Government are here also forbidden to the States.
Clause 2. This provision relates to foreign, not interstate, commerce. Only Congress, not the States, can tax imports; and the States are, like
Congress, forbidden the power to tax exports.
Clause 3. A duty of tonnage is a tax laid on ships according to their cargo capacity. Each State has a constitutional right to provide for and
maintain a militia; but no State may keep a standing army or navy. The several restrictions here prevent the States from assuming powers that
the Constitution elsewhere grants to the National Government.
EXECUTIVE DEPARTMENT
Section 1. President and Vice President
Clause 1. Executive power, term This clause gives to the President the very broad "executive power," the power to enforce the laws and
otherwise administer the public policies of the United States. It also sets the length of the presidential (and vice-presidential) term of office; see
the 22nd Amendment (1951), w,hich places a limit on presidential (but not vice-presidential) tenure.
Clause 2. Electoral college This clause establishes the "electoral college," although the Constitution does not use that term. It is a body of
presidential electors chosen in each State, and it selects the President and Vice President every four years. The number of electors chosen in
each State equals the number of senators and representatives that State has in Congress.
Clause 3. Election of President and Vice President This clause was replaced by the 12th Amendment in 1804.
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gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
2. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executinjg its inspection Laws; and the net Produce of all Duties atad Imposts, laid by any State on
Imports or Exports, shall bej for the Use of the Treasury of the United States; and ill isuch Laws shall be subject to the Revision
and Control of the Congress. |i j .■
3. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Cbmpact with another State, or with a foreign Power, or engage in War, unless actually invaded, or
in such imminent Danger as will not admit of delay.
Article II Section 1.
1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term
of four Years, and, together with the Vice President, chosen for the same Term, be elected as follows:
2. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative,
or Person holding an Office! of Trust or Profit, under the United States, shall be appointed an Elector.
3. The Electors shall moot in their respective States, and vote by Ballot for two Persons, of whom one \ at least shall not bo an
Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of
Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United Statosy
directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of
Representatives, open all the Certificates, and the Votes shall then be count od. The Person having the greatest Number of \
Votes shall be the President, if such Number be a majority of the whole Number of Electors appointed; and if there be more
than one who have such Majority, and tiavo an equal Number of Voto3, then, the House of , Representatives shall
immediately choose by jfeailot one of them for President; and if no Person have a Majority1, then from the five highest on the
List the SAI 4 House shall in like Manner choose the President. But in choosing the President^ the Votes shall bo taken-by
Statoa, the Representatives from each State having- &m& Vtyfoj a quo rum for this Purpose shall consist of &• Member or
Members from two thirds of the States, and $ Majority of
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all the States shall be necessary to a Qfaoicc. In every Case, after the Choice of the President, the Poison having the greatest
Number of Votes of the Electors shall bo the Vice President. But if there should remain two or more who have equal Votes, the
Senate shall choose from'them by Ballot the Vice President.
4. The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day
shall be the same throughout the United States.
5. No Person except a natural born Citizen, or a Citizen of the United States,, at the time of the Adoption of this Constitution,
shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the
Age of thirty-five Years, and been fourteen Years a Resident within the United States.
6. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and
Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of
Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as
President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
7. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor
diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other
Emolument from the United States, or any of them.
8. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States."
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Section 2.
1. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several
States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer
in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have
Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers
Clause 4. Date Congress has set the date for the choosing of electors as the Tuesday after the first Monday in November every fourth year, and
for the casting of electoral votes as the Monday after the second Wednesday in December of that year.
Clause 5. Qualifications The President must have been born a citizen of the United States, be at least 35 years old, and have been, a resident of
the United States for at least 14 years.
Clause 6. Vacancy This clause was modified by the 25th Amendment (1967), which provides expressly for the succession of the Vice President,
for the filling of a vacancy in the Vice Presidency, and for the determination of presidential inability.
Clause 7. Compensation The President now receives a salary of $400,000 and a taxable expense account of $50,000 a year. Those amounts
cannot be changed during a presidential term; thus, Congress cannot usejhe President's compensation as a bargaining tool to influence
executive decisions. The phrase "any other emolument" means, in effect, any valuable gift; it does not mean that the President cannot be
provided with such benefits of office as the White House, extensive staff assistance, and much else.
Clause 8. Oath of office The chief justice of the United States regularly administers this oath or affirmation, but any judicial officer may do so.
Thus, Calvin Coolidge was sworn into office in 1923 by his father, a justice of the peace in Vermont.
Section 2. President's Powers and Duties
Clause 1. Military, civil powers The President, a civilian, heads the nation's armed forces, a key element in the Constitution's insistence on
civilian control of the military. The President's power to "require the opinion, in writing" provides the constitutional basis for the cabinet. The
President's power ■to grant reprieves and pardons, the power of clemency, extends only to federal cases.
Clause 2. Treaties, appointments The President has the sole power to make treaties; to become effective, a treaty must be approved by a two-
thirds vote in the Senate. In practice, the President can also make executive agreements with foreign governments; these pacts, which are
frequently made and
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usually deal with routine matters, do not require Senate consent. The President appoints the principal officers of the executive branch and all
federal judges; the "inferior officers" are those who hold lesser posts.
Clause 3. Recess appointments When the Senate is not in session, appointments that require Senate consent can be made by the President on
a temporary basis, as "recess appointments."
Section 3. President's Powers and Duties
The President delivers a State of the Union Message to Congress soon after that body convenes each year. That message is delivered to the
nation's lawmakers and, importantly, to the American people, as well. It is shortly followed by the proposed federal budget and an economic
report; and the President may send special messages to Congress at any time. In all of these communications, Congress is urged to take those
actions the Chief Executive finds to be in the national interest. The President also has the power: to call special sessions of Congress; to adjourn
Congress if its two houses cannot agree for that purpose; to receive the diplomatic representatives of other governments; to insure the proper
execution of all federal laws; and to empower federal officers to hold their posts and perform their duties.
Section 4. Impeachment
The Constitution outlines the impeachment process in Article I, Section 2, Clause 5 and in Section 3, Clauses 6 and 7.
JUDICIAL DEPARTMENT Section 1. Courts, Terms of Office
The judicial power conferred here is the power of federal courts to hear and decide cases, disputes between the government and individuals
and between private persons (parties). The Constitution creates only the Supreme Court of the United States; it gives to Congress the power to
establish other, lower federal courts (Article I, Section 8, Clause 9) and to fix the size of the Supreme Court. The words "during good behavior"
mean, in effect, for life.
Section 2. Jurisdiction
Clause 1. Cases to be heard This clause sets out the jurisdiction of the federal courts; that is, it identifies those cases that may be tried in those
courts. The federal courts can hear and decide—have jurisdiction over—a case depending on either the subject matter or the parties involved in
that case. The jurisdiction of the federal courts in cases involving States was substantially restricted by the 11th Amendment in 1795.
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and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such
inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
3. The President shall have Power to fill up ill Vacancies that may happen during the Recess of the Sejsate, by granting
Commissions which shall expire at the End of their next Session. j.
Section 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration
such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either
of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such
Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be
faithfully executed, and shall Commission all the Officers of the United States.
Section 4.
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III
Section 1. i
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during
good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during
their Continuance in Office.
Section 2.
1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United
States, and Treaties made, or which shall be made, under their Authority;— to all Cases affecting Ambassadors, other public
ministers, and Consuls;— to all Cases of Admiralty and maritime Jurisdiction;— to Controversies to which the United States
shall be a Party;— to Controversies between two or mbre States;— between a State and Citizens of another. Statjipj— between
Citizens of different States;— between Citizens of the same State claiming Lands under Grants of different States, and between
a State;, or the Citizens thereof, and foreign States, Citizens^ or Subjects.
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2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the
supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
3. The trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the
said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as
the Congress may by Law have directed.
Section 3.
1. Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving
them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt
Act, or on Confession in open Court.
2. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person attainted.
Article TVSection 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And
the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the
Effect thereof.
Section 2.
1. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
2. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from justice, and be found in another
State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State
having Jurisdiction of the Crime.
3. No person held to Service or Labor in one State, under the Laws thereof, escaping into another.; shall, in Consequence of
any heft* or Regulation therein, be discharged from Service or Labor, but shall bo delivered up on Claim of the Party to
whom iiuch Service or Labor may be duo.
Clause 2. Supreme Court jurisdiction Original jurisdiction refers to the power of a court to hear a case in the first instance, not on appeal from a
lower court. Appellate jurisdiction refers to a court's power to hear a case on appeal from a lower court, from the court in which the case was
originally tried. This clause gives the Supreme Court both original and appellate jurisdiction. However, nearly all of the cases the High Court
hears are brought to it on appeal from the lower federal, courts and the highest State courts.
Clause 3. Jury trial in criminal cases A person accused of a federal crime is guaranteed the right to trial by jury in a federal court in the State
where the crime was committed; see the 5th and 6th amendments. The right to trial by jury in serious criminal cases in the State courts is
guaranteed by the 6th and 14th amendments.
Section 3. Treason
Clause 1. Definition Treason is the only crime defined in the Constitution. The Framers intended the very specific definition here to prevent the
loose use of the charge of treason—for example, against persons who criticize the government. Treason can be committed only in time of war
and only by a citizen or a resident alien.
Clause 2. Punishment Congress has provided that the punishment that a federal court may impose on a convicted traitor may range from a
minimum of five years in prison and/or a $10,000 fine to a maximum of death; no person convicted of treason has ever been executed by the
United States. No legal punishment can be imposed on the family or descendants of a convicted traitor. Congress has also made it a crime for
any person (in either peace or wartime) to commit espionage or sabotage, to attempt to overthrow the government by force, or to conspire to do
any of these things.
RELATIONS AMONG STATES Section 1. Full Faith and Credit
Each State must recognize the validity of the laws, public records, and court decisions of every other State.
Section 2. Privileges and Immunities of Citizens
Clause 1. Residents of other States In effect, this clause means that no State may discriminate against the residents of other States; that is, a
State's laws cannot draw unreasonable distinctions between its own residents and those of any of the other States. See Section 1 of the 14th
Amendment. Clause 2. Extradition The process of returning a fugitive to another State is known as "interstate rendition" or, more commonly,
"extradition." Usually, that process works routinely; some extradition requests are contested however—especially in cases with racial or
political overtones. A governor may refuse to extradite a fugitive; but the federal courts can compel an unwilling governor to obey this
constitutional command.
Clause 3. Fugitive slaves This clause was nullified by the 13th Amendment, which abolished slavery in 1865.
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Section 3. New States; Territories
Clause 1. New States Only Congress can admit new States to the Union. A new State may not be created by taking territory from an existing
State without the consent of that State's legislature. Congress has admitted 37 States since the original 13 formed the Union. Five States—
Vermont, Kentucky, Tennessee, Maine, and West Virginia—were created from parts of existing States. Texas was an independent republic before
admission. California was admitted after being ceded to the United States by Mexico. Each of the other 30 States entered the Union only after a
period of time as an organized territory of the United States.
Clause 2, Territory, property Congress has the power to make laws concerning the territories, other public lands, and all other property of the
United States.
Section 4. Protection Afforded to States by the Nation
The Constitution does not define "a republican form of government," but the phrase is generally understood to mean a representative
government. The Federal Government must also defend each State against attacks from outside its border and, at the request of a State's
legislature or its governor, aid its efforts to put down internal disorders.
PROVISIONS FOR AMENDMENT
This section provides for the methods by which formal changes can be made in the Constitution. An amendment may be proposed in one of two
ways: by a two-thirds vote in each house of Congress, or by a national convention called by Congress at the request of two-thirds of the State
legislatures. A proposed amendment may be ratified in one of two ways: by three-fourths of the State legislatures, or by three-fourths of the
States in conventions called for that purpose. Congress has the power to determine the method by which a proposed amendment may be
ratified. The amendment process cannot be used to deny any State its equal representation in the United States Senate. To this point, 27
amendments have been adopted. To date, all of the amendments except the 21st Amendment were proposed by Congress and ratified by the
State legislatures. Only the 21st Amendment was ratified by the convention method.
NATIONAL DEBTS, SUPREMACY OF NATIONAL LAW, OATH Section 1. Validity of Debts
Congress had borrowed large sums of money during the Revolution and later during the Critical Period of the 1780s. This provision, a pledge
that the new government would honor those debts, did much to create confidence in that government.
Section 2. Supremacy of National Law
This section sets out the Supremacy Clause, a specific declaration of the supremacy of federal law over any and all forms of State law. No State,
including its local governments, may make or enforce any law that conflicts with any provision in the Constitution, an act of Congress, a treaty,
or an order, rule, or regulation properly issued by the President or his subordinates in the executive branch.
Section 3. ,    ,"^
1. New States may be admitted by the Congress into this; Union; but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the
Consent of the Legislatures of the States concerned as well as of the Congress. ;
2. The Congress shall have Power to dispose (Of and make all needful Rules and Regulations respecting the; Territory or other
Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the
United States, or of any particular State.
Section 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them
against Invasion; and on Application of the Legislature, or of the Executive (when the} Legislature cannot be convened) against
domestic Violence.
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments,
which, in either Case, shall be valid to all Intents and Purposes, as Part of thi^ Constitution, when ratified by the Legislatures!of
three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of
Provided to the Year
Ratification may be proposed by the Congress that no Amendment which may be made prior
One thousand eight hundred and eight shall im any Manner affect the first and fourth Clauses in the Ninth section of the first
Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article VI Section 1.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confederation.

Section 2. |l
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be the supreme Law of the Land; afrd the Judges in every State
shall be bound thereby, anything in the constitution or Laws of any State to the Contrary notwithstanding.
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Section 3.
The Senators and Representatives before mentioned, and the Members of the several State legislatures, and all executive and
judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United
States.
Article VII
The ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the
States so ratifying the same.
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord
one thousand seven hundred and Eighty-seven and of the Independence of the United States of America the twelfth. In witness
whereof We have hereunto subscribed our Names.
Attest: William Jackson,
SECRETARY George Washington,
PRESIDENT AND
DEPUTY FROM
VIRGINIA NEW HAMPSHIRE
John Langdon
Nicholas Gilman MASSACHUSETTS
Nathaniel Gorham
Rufus King CONNECTICUT
William Samuel Johnson
Roger Sherman
NEW YORK Alexander Hamilton
NEW JERSEY William Livingston David Brearley William Paterson Jonathan Dayton
PENNSYLVANIA Benjamin Franklin Thomas Mifflin Robert Morris George Clymer Thomas Fitzsimons Jared Ingersoll James
Wilson Gouverneur Morris
Section 3. Oaths of Office
This provision reinforces the Supremacy Clause; all public officers, at every level in the United States, owe their first allegiance to the
Constitution of the United States. No religious qualification can be imposed as a condition for holding any public office.
RATIFICATION OF CONSTITUTION
The proposed Constitution was signed by George Washington and 37 of his fellow Framers on September 17,1787. (George Read of Delaware
signed for himself and also for his absent colleague, John Dickinson.)
DELAWARE
George Read
Gunning Bedford, Jr.
John Dickinson
Richard Bassett
Jacob Broom MARYLAND
James McHenry
Dan of St. Thomas Jennifer
Daniel Carroll VIRGINIA
John Blair
James Madison, Jr.
NORTH CAROLINA William Blount Richard Dobbs Spaight Hugh Williamson
SOUTH CAROLINA John Rutledge Charles Cotesworth
Pinckney Charles Pinckney Pierce Butler
GEORGIA William Few Abraham Baldwin
AMENDMENTS
1st Amendment.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the
freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress
of grievances.
The first 10 amendments, the Bill of Rights, were each proposed by Congress on September 25,1789, and ratified by the necessary three-
fourths of the States on December 15,1791. These amendments were originally intended to restrict the National Government—not the States.
However, the Supreme Court has several times held that most of their provisions also apply to the States, through the 14th Amendment's Due
Process Clause.
1st Amendment. Freedom of Religion, Speech, Press, Assembly, and Petition
The 1 st Amendment sets out five basic liberties: The guarantee' of freedom of religion is both a protection of religious thought and practice and
a command of separation of church and state. The guarantees of freedom of speech and press assure to all persons a right to speak, publish,
and otherwise express their views. The guarantees of the rights of assembly and petition protect the right to join with others in public meetings,
political parties, interest groups, and other associations to discuss public affairs and influence public policy. None of these rights is guaranteed
in absolute terms, however; like all other civil rights guarantees, each of them may be exercised only with regard to the rights of all other
persons.
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2nd Amendment. Bearing Arms
Each State has the right to maintain a militia, an armed force for its own protection—today, the National Guard. The National Government and
the States can and do regulate the private possession and use of firearms.
3rd Amendment. Quartering of Troops
This amendment was intended to prevent what had been common British practice in the colonial period; see the Declaration of Independence.
This provision is of virtually no importance today.
4th Amendment. Searches and Seizures
The basic rule laid down by the 4th Amendment is this: Police officers have no general right to search for or seize evidence or seize (arrest)
persons. Except in particular circumstances, they must have a proper warrant (a court order) obtained with probable cause (on reasonable
grounds). This guarantee is reinforced by the exclusionary rule, developed by the Supreme Court: Evidence gained as the result of an unlawful
search or seizure cannot be used at the court trial of the person from whom it was seized.
5th Amendment. Criminal Proceedings; Due Process; Eminent Domain
A person can be tried for a serious federal crime only if he or she has been indicted (charged, accused of that crime) by a grand jury. No one may
be subjected to double jeopardy—that is, tried twice for the same crime. All persons are protected against self-incrimination; no person can be
legally compelled to answer any question in any governmental proceeding if that answer could lead to that person's prosecution. The 5th
Amendment's Due Process Clause prohibits unfair, arbitrary actions by the Federal Government; a like prohibition is set out against the States
in the 14th Amendment. Government may take private property for a legitimate public purpose; but when it exercises that power of eminent
domain, it must pay a fair price for the property seized.
6th Amendment. Criminal Proceedings
A person accused of crime has the right to be tried in court without undue delay and by an impartial jury; see Article III, Section 2, Clause 3. The
defendant must be informed of the charge upon which he or she is to be tried, has the right to cross-examine hostile witnesses, and has the
right to require the testimony of favorable witnesses. The defendant also has the right to be represented by an attorney at every stage in the
criminal process.
7th Amendment. Civil Trials
This amendment applies only to civil cases heard in federal courts. A civil case does not involve criminal matters; it is a dispute between private
parties or between the government and a private party. The right to trial by jury is guaranteed in any civil case in a federal court if the amount of
money involved in that case exceeds $20 (most cases today involve a much larger sum); that right may be waived (relinquished, put aside) if
both parties agree to a bench trial (a trial by a judge, without a jury).
8th Amendment. Punishment for Crimes
Bail is the sum of money that a person accused of crime may be required to post (deposit with the court) as a guarantee that he or she will
appear in court at the proper time. The amount of bail required and/or a fine imposed as punishment must
2nd Amendment.
A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not
be infringed.
3rd Amendment. i.
No Soldier shall, in time of peace be quartet ed in any house, without the consent of the Owner, nor, in time of war, but in a
manner to be prescribed by la\)e,
4th Amendment.
The right of the people to be secure in their Ipersons, houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.

5th Amendment.           i
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War, or public danger;
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
6th Amendment.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
7th Amendment.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the
common law. ;
8th Amendment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
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9th Amendment.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
11th Amendment.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted
against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
bear a reasonable relationship to the seriousness of the crime involved in the case. The prohibition of cruel and unusual punishment forbids any
punishment judged to be too harsh, too severe for the crime for which it is imposed.
9th Amendment. Unenumerated Rights
The fact that the Constitution sets out many civil rights guarantees, expressly provides for many protections against government, does not mean
that there are not other rights also held by the people.
10th Amendment. Powers Reserved to the States
This amendment identifies the area of power that may be exercised by the States. All of those powers the Constitution does not grant to the
National Government, and at the same time does not forbid to the States, belong to each of the States, or to the people of each State.
11th Amendment. Suits Against States
Proposed by Congress March 4,1794; ratified February 7, 1795, but official announcement of the ratification was delayed until January
8,1798. This amendment repealed part of Article III, Section 2, Clause 1. No State may be sued in a federal court by a resident of another State
or of a foreign country; the Supreme Court has long held that this provision also means that a State cannot be sued in a federal court by a
foreign country or, more importantly, even by one of its own residents.
12th Amendment.
The Electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall
not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President,
and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and
transmit sealed to the seat of the government of the United States, directed to the President of the Senate;— The President of the
Senate shall, in the presence of the Senate and the House of Representatives, open all the certificates and the votes shall then be
counted;— the person having the greatest Number of votes for President shall be the President, if such number be a majority of
the whole number of Electors appointed; and if no person have such a majority, then, from the persons having the highest
numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately,
by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State
having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority
of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the
right of choice "shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as
President, as in case of death or other constitutional disability of the President. The person having the greatest number of votes
as Vice President, shall be the
12th Amendment. Election of President and Vice President
Proposed by Congress December 9,1803; ratified June 15, 1804. This amendment replaced Article II, Section 1, Clause 3. Originally, each
elector cast two ballots, each for a different person for President. The person with the largest number of electoral votes, provided that number
was a majority of the electors, was to become President; the person with the second highest number was to become Vice President. This
arrangement produced an electoral vote tie between Thomas Jefferson and Aaron Burr in 1800; the House finally chose Jefferson as President
in 1801. The 12th Amendment separated the balloting for President and Vice President; each elector now casts one ballot for someone as
President and a second ballot for another person as Vice President. Note that the 20th Amendment changed the date set here (March 4) to
January 20, and that the 23rd Amendment (1961) provides for electors from the District of Columbia. This amendment also provides that the
Vice President must meet the same qualifications as those set out for the President in Article II, Section 1, Clause 5.
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13th Amendment. Slavery and Involuntary Servitude
Proposed by Congress January 31,1865; ratified December 6, 1865. This amendment forbids slavery in the United States and in any area under
its control. It also forbids other forms of forced labor, except punishments for crime; but some forms of compulsory service are not prohibited—
for example, service on juries or in the armed forces. Section 2 gives to Congress the power to carry out the provisions of Section 1 of this
amendment.
14th Amendment. Rights of Citizens
Proposed by Congress June 13,1866; ratified July 9,1868. Section 1 defines citizenship. It provides for the acquisition of United States
citizenship by birth or by naturalization. Citizenship at birth is determined according to the principle of jus soli— "the law of the soil," where born;
naturalization is the legal process by which one acquires a new citizenship at some time after birth. Under certain circumstances, citizenship
can also be gained at birth abroad, according to the principle of jus sanguinis—"the law of the blood," to whom born. This section also contains two
major civil rights provisions: the Due Process Clause forbids a State (and its local governments) to act in any unfair or arbitrary way; the Equal
Protection Clause forbids a State (and its local governments) to discriminate against, draw unreasonable distinctions between, persons.
Most of the rights set out against the National Government in the first eight amendments have been extended against the States (and their local
governments) through Supreme Court decisions involving the 14th Amendment's Due Process Clause.
The first sentence here replaced Article I, Section 2, Clause 3, the Three-Fifths Compromise provision. Essentially, all persons in the United
States are counted in each decennial census, the basis for the distribution of House seats. The balance of this section has never been enforced
and is generally thought to be obsolete.
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Vice President, if such number be a majority of the whole number of Electors appointed, and if no person haHre a ' majority,
then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall
consist of two thirds of the whole number of Senators, a majority of the whole number shall be necessary to a choice. But no

person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.                 j:
13 th Amendment.            j
Section 1. Neither slavery nor involuntary servitude* except as a punishment for crime whereof trie party shall have been duly
convicted, shall exist within the United States, or any place subject to their jurisdictilbn.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
14th Amendment. i;
Section 1. 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.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of
electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of
a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years
of age and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole
number of njiale citizens twenty-one years of age in such State.
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Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any
office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of
any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United
States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United
States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and
void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
15th Amendment.
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State
on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
16th Amendment.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or enumeration.
17th Amendment.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years;
and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most
numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make
temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part
of the Constitution.
This section limited the President's power to pardon those persons who had led the Confederacy during the Civil War. Congress finally removed
this disability in 1898.

i
Section 4 also dealt with matters directly related to the Civil War. It reaffirmed the public debt of the United States; but it invalidated,
prohibited payment of, any debt contracted by the Confederate States and also prohibited any compensation of former slave owners.
15th Amendment. Right to Vote-Race, Color, Servitude
Proposed by Congress February 26,1869; ratified February 3, 1870. The phrase "previous condition of servitude" refers to slavery. Note that
this amendment does not guarantee the right to vote to African Americans, or to anyone else. Instead, it forbids the States from discriminating
against any person on the grounds of his "race, color, or previous condition of servitude" in the setting of suffrage qualifications.
16th Amendment. Income Tax
Proposed by Congress July 12,1909; ratified February 3, 1913. This amendment modified two provisions in Article I, Section 2, Clause 3, and
Section 9, Clause 4. It gives to Congress the power to levy an income tax, a direct tax, without regard to the populations of any of the States.
17th Amendment. Popular Election of Senators
Proposed by Congress May 13,1912; ratified April 8,1913. This amendment repealed those portions of Article I, Section 3, Clauses 1 and 2
relating to the election of senators. Senators are now elected by the voters in each State. If a vacancy occurs, the governor of the State involved
must call an election to fill the seat; the governor may appoint a senator to serve until the next election, if the State's legislature has authorized
that step.
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18th Amendment. Prohibition of Intoxicating Liquors
Proposed by Congress December 18,1917; ratified January 16,1919. This amendment outlawed the making, selling, transporting, importing,
or exporting of alcoholic beverages in the United States. It was repealed in its entirety by the 21st Amendment in 1933.
19th Amendment. Equal Suffrage—Sex
Proposed by Congress June 4,1919; ratified August 18, 1920. No person can be denied the right to vote in any election in the United States on
account of his or her sex.
20th Amendment. Commencement of Terms; Sessions of Congress; Death or Disqualification of
President-Elect
Proposed by Congress March 2,1932; ratified January 23, 1933. The provisions of Sections 1 and 2 relating to Congress modified Article I,
Section 4, Clause 2, and those provisions relating to the President, the 12th Amendment. The date on which the President and Vice President
now take office was moved from March 4 to January 20. Similarly, the members of Congress now begin their terms on January 3. The 20th
Amendment is sometimes called the "Lame Duck Amendment" because it shortened the period of time a member of Congress who was
defeated for reelection (a "lame duck") remains in office.
This section deals with certain possibilities that were not covered by the presidential selection provisions of either Article II or the 12th
Amendment. To this point, none of these situations has occurred. Note that there is neither a President-elect nor a Vice President-elect until the
electoral votes have been counted by Congress, or, if the electoral college cannot decide the matter, the House has chosen a President or the
Senate has chosen a Vice President.
Congress has not in fact ever passed such a law. See Section 2 of the 25th Amendment, regarding a vacancy in the vice presidency; that
provision could some day have an impact here.
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18th Amendment.
Section 1. After one year from the ratification}of this article the manufacture, sale, or transportation! of intoxi eating liquors
within, the importation thereof into, or the exportation thereof from the United States and all torrito ry subject to the
jurisdiction thereof for beverage purpos cs is hereby prohibited.
Section 2. The Congress and the several States i shall have
concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unlpss it shall
have been ratified as an amendment to the Constitution
by the legislatures of the several States, as provided in the Constitution, within seven yoar3 of the date of! the sub mission hereof
to the States by Congress.
19th Amendment.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account
of sex. i
Congress shall have power to enforce this article by appropriate legislation.
20th Amendment.
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of
Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this
article had not been ratified; and the terms of their successors shall then begin. j
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Section 2. The Congress shall assemble at lea$t once in every year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day. i
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his
term, or if the President-elect shall have failed to qualify, then the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President
elect shall have qualified, declaring who shall then act as President, or the manner in which one who is;to act shall be selected,
and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of
Representatives may choose a President whenever the right of choice shall have devolved upon them 1, and for the case of the
death of any of the persons from whom
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the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the
legislatures of three fourths of the several States within seven years from the date of its submission.
21st Amendment.
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use
therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by
conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to
the States by the Congress.
22nd Amendment.
Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term to which some other person was elected President shall be
elected to the office of the President more than once. But this Article shall not apply to any person holding the office of
President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of
President, or acting as President, during the term within which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the
legislatures of three fourths of the several states within seven years from the date of its submission to the States by the
Congress.
23rd Amendment.
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress
may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to
which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in
addition to those appointed by the States, they shall be considered, for the purposes of
Section 5 set the date on which this amendment came into force.
Section 6 placed a time limit on the ratification process; note that a similar provision was written into the 18th, 21st, and 22nd amendments.
21 st Amendment. Repeal of 18th Amendment
Proposed by Congress February 20,1933; ratified December 5,1933. This amendment repealed all of the 18th Amendment. Section 2 modifies
the scope of the Federal Government's commerce power set out in Article I, Section 8, Clause 3; it gives to each State the power to regulate the
transportation or importation and the distribution or use of intoxicating liquors in ways that would be unconstitutional in the case of any other
commodity. The 21st Amendment is the only amendment Congress has thus far submitted to the States for ratification by conventions.
22nd Amendment. Presidential Tenure
Proposed by Congress March 24,1947; ratified February 27, 1951. This amendment modified Article II, Section I, Clause 1. It stipulates that no
President may serve more than two elected terms. But a President who has succeeded to the office beyond the midpoint in a term to which
another President was originally elected may serve for more than eight years. In any case, however, a President may not serve more than 10
years. Prior to Franklin Roosevelt, who was elected to four terms, no President had served more than two full terms in office.
23rd Amendment. Presidential Electors for the District of Columbia
Proposed by Congress June 16,1960; ratified March 29,1961. This amendment modified Article II, Section I, Clause 2 and the 12th
Amendment. It included the voters of the District of Columbia in the presidential electorate; and provides that the District is to have the same
number of electors as the least populous State—three electors—but no more than that number.
United States Constitution

98:   aQS
United States Constitution
the election of President and Vice President, to|H$ electors appointed by a State; and they shall meet in {she District and
perform such duties as provided by the twelfth kiticle of amendment. i ;• ' •
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
24th Amendment. Right to Vote in Federal Elections—Tax Payment
Proposed by Congress September 14,1962; ratified January 23,1964. This amendment outlawed the payment of any tax as a condition for
taking part in the nomination or election of any federal officeholder.
25th Amendment. Presidential Succession, Vice Presidential Vacancy, Presidential Inability
Proposed by Congress July 6,1965; ratified February 10,1967. Section 1 revised the imprecise provision on presidential succession in Article II,
Section 1, Clause 6. It wrote into the Constitution the precedent set by Vice President John Tyler, who became President on the death of William
Henry Harrison in 1841.
Section 2 provides for the filling of a vacancy in the office of Vice President. Prior to its adoption, the office had been vacant on 16 occasions
and had remained unfilled for the remainder of each term involved. When Spiro Agnew resigned the office in 1973, President Nixon selected
Gerald Ford in accord with this provision; and, when President Nixon resigned in 1974, Gerald Ford became President and then chose Nelson
Rockefeller as Vice President.
This section created a procedure for determining if a President is so incapacitated that he cannot perform the powers and duties of his office.
24th Amendment.
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the
United States or ajiy State by reason of failure to pay any poll tax or othei tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
25th Amendment.
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice! President shall become
President. i
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominjate a Vice President who
shall take office upon confirnjiiation by a majority vote of both Houses of Congress, i
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits
to them a written declaration to the contrary, such powers and duties! shall be discharged by the Vice President as Acting
President.
United States Constitution
1
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may
by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and duties of his office.
Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the
Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-
one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to
discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President;
otherwise, the President shall resume the powers and duties of his office.
26th Amendment.
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or
abridged by the United States or by any State on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.
27th Amendment.
No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of
Representatives shall have intervened.
Section 4 deals with the circumstance in which a President will not be able to determine the fact of incapacity. To this point, Congress has not
established the "such other body" referred to here. This section contains the only typographical error in the Constitution; in its second
paragraph, the word "department" should in fact read "departments."
I
1
I
26th Amendment. Right to Vote—Age
Proposed by Congress March 23,1971; ratified July 1,1971. This amendment provides that the minimum age for voting in any election in the
United States cannot be more than 18 years. (A State may set a minimum voting age of less than 18, however.)
27th Amendment. Congressional Pay
Proposed by Congress September 25,1789; ratified May 7, 1992. This amendment modified Article I, Section 6, Clause 1. It limits Congress's
power to fix the salaries of its members— by delaying the effectiveness of any increase in that pay until after the next regular congressional
election.
United States Constitution
100
Historical Documents
The Code of Hammurabi
The Code of Hammurabi, believed to date before 1750 B.C., is a series o f laws decreed by Hammurabi, the ruler o f the
city o f Babylon when that ancient city was at the peak o f its power. Inscribed on stone columns over seven feet
high, these laws were intended to inform the people o f what they could and could not do. They were written down
and codified so that judges and administrators would have a uniform set o f rules to follow in deciding disputes and
imposing penalties for crimes. The Code consists o f 280 sections that deal with such matters as land tenure, property
rights, trade and commerce, family relations, and the administration o f justice. Selected sections o f the Code are
excerpted below:
^ If a man practice (robbery) and be captured, that man shall be put to death. . . .
If a man has come forward in a lawsuit for the witnessing of false things, and has not proved the thing that he said, if that lawsuit is a capital
case, that man shall be put to death. If he came forward for witnessing about corn or silver, he shall bear the penalty (which applies to) that
case.
^ If a man has concealed in his house a lost slave or slave-girl belonging to the Palace or to a subject, and has not brought him (or her) out at
the proclamation of the Crier, the owner of the house shall be put to death.
^ If a fire has broken out in a man's house, and a man who has gone to extinguish it has cast his eye on the property of the owner of the house
and has taken the property of the owner of the house, that man shall be thrown into the fire.
^ If a man is subject to a debt bearing interest, and Adad (the Weather-god) has saturated his field or a high flood has carried (its crop) away, or
because of lack of water he has not produced corn in that field, in that year he shall not return any corn to (his) creditor. He shall . . . not pay
interest for that year.
^ If a man has donated field, orchard or house to his favourite heir and has written a sealed document for him (confirming this), after the father
has gone to his doom, when the brothers share he (the favorite heir) shall take the gift that his father gave him, and apart from that they shall
share equally in the property of the paternal estate.
^ If an artisan has taken a child for bringing up, and has taught him his manual skill, (the child) shall not be (re)claimed. If he has not taught
him his manual skill, that pupil may return to his father's house.
^ If a man aid a male or female slave . . . to escape from the city gates, he shall be put to death. . . .
^ If a man be in debt and sell his wife, son, or daughter, or bind them over to service, for three years they shall work in the house of the
purchaser or master; in the fourth year they shall be given their freedom. . . .
^ If a builder has made a house for a man but has not made his work strong, so that the house he made falls down and causes the death of the
owner of the house, that builder shall be put to death. If it causes the death of the son of the owner of the house, they shall kill the son of the
builder.
^ If a man would put away [divorce] his wife who has not borne him children, he shall give her rnoney to the amount of her marriage settlement
and he shall make good to her the dowry which she brought from her father's house and then he may put her away.
^ If a son has struck his father, they shall cut off his hand.
^ If a man has destroyed the eye of a man of the "gentleman" class, they shall destroy his eye. If he has broken a gentleman's bone, they shall
break his bone. If he has destroyed the eye of a commoner or broken a bone of a commoner, he shall pay one mina (about $300) of silver. If he
has destroyed the eye of a gentleman's slave, he shall pay half the slave's price.
^ If a gentleman's slave strikes the cheek of a man of the "gentleman" class, they shall cut off (the slave's) ear.
^ If a gentleman strikes a gentleman in a free fight and inflicts an injury on him, that man shall swear "I did not strike him deliberately," and he
shall pay the surgeon.
101       Historical Documents
Madison's Notes: Debate of June 6 on
the Virginia Plan
James Madison's Notes enable readers today to gain a glimpse of the debates that took place behind closed doors at the
Constitutional Convention held in Philadelphia in the summer of 1787. Excerpted here are portions of Madison's Notes on the
debate of June 6 on the Virginia Plan's call for a bicameral (two house) legislature.
MR. PINCKNEY [S.C.], according to previous notice and rule obtained, moved "that the first branch of the national legislature be elected
by the state legislatures, and not by the people," contending that the people were less fit judges in such a case, and that the legislatures would
be less likely to promote the adoption of the new government if they were to be excluded from all share in it.
MR. RUTLEDGE [S.C.] seconded the motion.
MR. GERRY [MASS.]: Much depends on the mode of election. In England the people will probably lose their liberty from the smallness of
the proportion having a right of suffrage. Our danger arises from the opposite extreme; hence in Massachusetts the worst men get into the
legislature. Several members of that body had lately been convicted of infamous crimes. Men of indigence, ignorance, and baseness spare no
pains, however dirty, to carry their point against men who are superior to the artifices practised. He was not disposed to run into extremes. He
was as much principled as ever against aristocracy and monarchy. It was necessary, on the one hand, that the people should appoint one
branch of the government in order to inspire them with the necessary confidence. . . . His idea was that the people should nominate certain
persons in certain districts, out of whom the state legislatures should make the appointment.
MR. WILSON [PA.]: He wished for vigor in the government, but he wished that vigorous authority to flow immediately from the legitimate
source of all authority. The government ought to possess not only, first, the force but, second, the mind or sense of the people at large. The
legislature ought to be the most exact transcript of the whole society. Representation is made necessary only because it is impossible for the
people to act collectively. . . .
MR. SHERMAN [CONN.]: If it were in view to abolish the state governments, the elections ought to be by the people. If the state
governments are to be continued, it is necessary, in order to preserve harmony between the national and state governments, that the elections
to the former should be made by the latter. The right of participating in the national government would be sufficiently secured to the people by
their election of the state legislatures. The objects of the Union, he thought, were few: (1) defense against foreign danger; (2) against internal
disputes and a resort to force; (3) treaties with foreign nations; (4) regulating foreign commerce and drawing revenue from it. These, and
perhaps a few lesser objects, alone rendered a confederation of the states necessary. All other matters, civil and criminal, would be much
better in the hands of the states. . . .
COLONEL MASON [VA.]: Under the existing Confederacy, Congress represent the states, not the people of the states; their acts operate
on the states, not on the individuals. The case will be changed in the new plan of government. The people will be represented; they ought
therefore to choose the representatives. The requisites in actual representation are that the representatives should sympathize with their
constituents, should think as they think and feel as they feel, and that, for these purposes, [they] should even be residents among them. Much,
he said, had been alleged against democratic elections. He admitted that much might be said; but it was to be considered that no government
was free from imperfections and evils and that improper elections, in many instances, were inseparable from republican governments. . . .
MR. MADISON [VA.] considered an election of one branch, at least, of the legislature by the people immediately as a clear principle of
free government, and that this mode, under proper regulations, had the additional advantage of securing better representatives as well as of
avoiding too great an agency of the state governments in the general one. He differed from the member from Connecticut (Mr. Sherman) in
thinking the objects mentioned to be all the principal ones that required a national government. Those were certainly important and necessary
objects; but he combined with them the necessity of providing more effectually for the security of private rights and the steady dispensation of
justice.
Interferences with these were evils which had more, perhaps, than anything else produced this Convention. Was it to be supposed that
republican liberty could long exist under the abuses of it practised in some of the states? . . .
All civilized societies would be divided into different sects, factions, and interests, as they happened to consist of rich and poor, debtors and
creditors, the landed, the manufacturing, the commercial interests, the inhabitants of this district or that district, the followers of this political
leader or that political leader, the disciples of this religious sect or that religious sect. In all cases where a majority are united by a common
interest or passion, the rights of the minority are in danger. What motives are to restrain them? . . .
Conscience, the only remaining tie, is known to be inadequate in individuals; in large numbers, little is to be expected from it. . . .
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What has been the source of those unjust laws complained of among ourselves? Has it not been the real
or supposed interest of the major number? Debtors have defrauded their creditors. The landed interest
has borne hard on the mercantile interest. The holders of one species of property have thrown a
disproportion of taxes on the holders of another species.
The lesson we are to draw from the whole is that where a majority are united by a common sentiment,
and have an opportunity, the rights of the minor party become insecure. In a republican government the
majority, if united, have always an opportunity. . . .
MR. DICKINSON [DEL.] considered it as essential that one branch of the legislature should be drawn
immediately from the people and as expedient that the other should be chosen by the legislatures of the
states. This combination of the state governments with the national government was as politic as it was
unavoidable. In the formation of the Senate, we ought to carry it through such a refining process as will
assimilate it as near as may be to the House of Lords in England. He repeated his warm eulogiums on
the British constitution. He was for a strong national government but for leaving the states a
considerable agency in the system. The objection against making the former dependent on the latter
might be obviated by giving to the Senate an authority permanent and irrevocable for three, five, or
seven years. Being thus independent, they will speak and decide with becoming freedom.
MR. READ [DEL.]: Too much attachment is betrayed to the state governments. We must look beyond
their continuance. A national government must soon of necessity swallow all of them up. They will
soon be reduced to the mere office of electing the national Senate. He was against patching up the old
federal system; he hoped the idea would be dismissed. It would be like putting new cloth on an old
garment. The Confederation was founded on temporary principles. It cannot last; it cannot be amended.
If we do not establish a good government on new principles, we must either go to ruin or have the work
to do over again. . . .
MR. PIERCE [GA.] was for an election by the people as to the first branch and by the states as to the
second branch, by which means the citizens of the states would be represented both individually and
collectively.
GENERAL PINCKNEY wished to have a good national government and at the same time to leave a
considerable share of power in the states. An election of either branch by the people, scattered as they
are in many states, particularly in South Carolina, was totally impracticable. He differed from
gentlemen who thought that a choice by the people would be a better guard against bad measures than
by the legislatures. . . .
The state legislatures also, he said, would be more jealous and more ready to thwart the national
government if excluded from a participation in it. The idea of abolishing these legislatures would never
go down.
MR. WILSON would not have spoken again but for what had fallen from Mr. Read; namely, that the idea
of preserving the state governments ought to be abandoned. He saw no incompatibility between; the
national and state governments, provided the latter were restrained to certain local purposes; nor any
probability of their being devoured by the former. . . .
On the question for electing the first branch by the state legislatures as moved by Mr. Pinckney, it was
negatived.
103 Historical Documents
The Federalist No. 10 (James Madison)
One of the 29 essays believed to have been written by James Madison, the tenth of The Federalist papers presents Madison's
observations on dealing with the "mischiefs of faction" and the advantages of a republican (representative) form of government
over that of a pure democracy. This essay was first published on November 23, 1787.
4 mong the numerous advantages promised by a well-L\ constructed Union, none deserves to be more accurately JL developed
than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much
alarmed for their character and fate as when he contemplates their propensity to this dangerous vice. He will not fail, therefore,
to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. The
instability, injustice, and confusion introduced into the public councils have, in truth, been the mortal diseases under which
popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the
adversaries to liberty derive their most specious declamations.
The valuable improvements made by the American constitutions on the popular models, both ancient and modern, cannot
certainly be too much admired; but it would be an unwarrantable partiality to contend that they have as effectually obviated the
danger on this side, as was wished and expected. Complaints are everywhere heard from our most considerate and virtuous
citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too
unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not
according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing
majority. However anxiously we may wish that these complaints had no foundation, the evidence of known facts will not
permit us to deny that they are in some degree true.
It will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been
erroneously charged on the operation of our governments; but it will be found, at the same time, that other causes will not alone
account for many of our heaviest misfortunes; and, particularly, for that prevailing and increasing distrust of public
engagements, and alarm for private rights, which are echoed from one end of the continent to the other. These must be chiefly,
if not wholly, effects of the unsteadiness and injustice with which a factious spirit has tainted our public administrations.
By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and
actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and
aggregate interests of the community.
There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.
There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its
existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.
It could never be more truly said than of the first remedy that it was worse than the disease. Liberty is to faction what air is to
fire, an ailment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political
life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it
imparts to fire its destructive agency.
The second expedient is as impracticable as the first would be unwise. As long as the reason of man continues fallible, and he is
at liberty to exercise it, different opinions will be formed. As long as the connection subsists between his reason and his self-
love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the
latter will attach themselves. The diversity in the faculties of men, from which the rights of property originate, is not less an
insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the
protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property
immediately results; and from the influence of these on the sentiments and views of the respective proprietors ensues a division
of the society into different interests and parties.
The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of
activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning
government, and many other points, as well of speculation as of practice; an attachment of different leaders ambitiously
contending for preeminence and power; or to persons of other descriptions whose fortunes have been interesting to the human
passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more
disposed to vex and oppress each other than to cooperate for their common good. So strong is this propensity of mankind to fall
into mutual animosities that, where no substantial occasion presents itself, the most frivolous and fanciful distinctions have
been sufficient to kindle their unfriendly passions and excite their most violent conflicts. But the most common and durable
source of factions has been the various and unequal distribution of property.
Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors and
those who are debtors fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a
moneyed interest, with many lesser interests, grow up of necessity in civilized nations and divide them into different classes,
actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task o^
modern legislation and involves the spirit of party and faction in the necessary and ordinary operations of the government.
Historical Documents     783 1333
No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment and, not improbably,
corrupt his integrity. With equal, nay, with greater reason, a body of men are unfit to be both judges and parties at the same
time; yet what are many of the most important acts of legislation but so many judicial determinations, not indeed concerning
the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of
legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a
question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between
them. Yet the parties are, and must be, themselves the judges; and the most numerous party or, in other words, the most
powerful faction must be expected to prevail.
Shall domestic manufactures be encouraged, and in what degree, by restrictions on foreign manufactures? [These] are questions
which would be differently decided by the landed and the manufacturing classes, and probably by neither with a sole regard to
justice and the public good. The apportionment of taxes on the various descriptions of property is an act which seems to require
the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a
predominant party to trample on the rules of justice. Every shilling with which they overburden the inferior number is a
shilling saved to their own pockets.
It is in vain to say that enlightened statesmen will be able to adjust these clashing interests and render them all subservient to
the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such an adjustment be made at
all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one
party may find in disregarding the rights of another or the good of the whole. The inference to which we are brought is that the
causes of faction cannot be removed and that relief is only to be sought in the means of controlling its effects.
If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat
its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and
mask its violence under the forms of the Constitution. When a majority is included in a faction, the form of popular
government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of
other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve
the spirit and the form of popular government, is then the great object to which our inquiries are directed. Let me add that it is
the great desideratum by which this form of government can be rescued from the opprobrium under which it has so long
labored and be recommended to the esteem and adoption of mankind.
By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a
majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be rendered, by
their number and local situation, unable to concert and carry into effect schemes of oppression. If the impulse and the
opportunity be suffered to coincide, we well know that neither moral nor religious motives can be relied on as an adequate
control. They are not found to be such on the injustice and violence of individuals and lose their efficacy in proportion to the
number combined together, that is, in proportion as their efficacy becomes needful.
From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small
number of citizens who assemble and administer the government in person, can admit of no cure for the mischiefs of faction. A
common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result
from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious
individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found
incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been
violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that
by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and
assimilated in their possessions, their opinions, and their passions.
A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect and
promises the cure for which we are seeking. Let us examine the points in which it varied from pure democracy, and we shall
comprehend both the nature of the cure and the efficacy which it must derive from the Union.
The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter,
to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over
which the latter may be extended.
The effect of the first difference is, on the one hand, to refine and enlarge the public views by passing them through the
medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism
and love of justice will be least likely to sacrifice it to temporary or partial considerations. Under such a regulation, it may well
happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than
if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of
factious tempers, of local prejudices, or of sinister designs may, by intrigue, by corruption, or by other means, first obtain the
suffrages, and then betray the interests of the people. The question resulting is, whether small or extensive republics are more
favorable to the election of proper guardians of the public weal; and it is clearly decided in favor of the latter by two obvious
considerations:
In the first place, it is to be remarked that, however small the republic may be, the representatives must be raised to a certain
number, in order to guard against the cabals of a few; and that, however large it may be, they must be limited to a certain
number, in order to guard against the confusion of a multitude. Hence, the number of representatives in the two cases not being
in proportion to that of the two constituents, and being proportionally greater in the small republic, it follows that, if the
proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and
consequently a greater probability of a fit choice.
105
Historical Documents
In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it
will be more difficult for unworthy candidates to practice with success the vicious arts by which elections are too often carried;
and the suffrages of the people being more free, will be more likely to center in men who possess the most attractive merit and
the most diffusive and established character.
It must be confessed that in this, as in most other cases, there is a mean, on both sides of which inconveniences will be found to
lie. By enlarging too much the number of electors, you render the representative too little acquainted with all their local
circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these and too little fit to
comprehend and pursue great and national objects. The federal Constitution forms a happy combination in this respect: the
great and aggregate interests being referred to the national, the local and particular to the state legislatures.
The other point of difference is the greater number of citizens and extent of territory which may be brought within the compass
of republican than of democratic government; and it is this circumstance principally which renders factious combinations less to
be dreaded in the former than in the latter. The smaller the society, the fewer probably will be the distinct parties and interests
composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and
the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the
more easily will they concert and execute their plans of oppression. Extend the sphere and you take in a greater variety of
parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of
other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength and to
act in unison with each other. Besides other impediments, it may be remarked that, where there is a consciousness of unjust or
dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence is
necessary.
Hence, it clearly appears that the same advantage which a republic has over a democracy, in controlling the effects of factions, is
enjoyed by a large over a small republic—is enjoyed by the Union over the States composing it. Does the advantage consist in
the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices
and to schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these
requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of any
one party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties comprised
within the Union increase this security? Does it, in fine, consist in the greater obstacles opposed to the concert and
accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most
palpable advantage.
The influence of factious leaders may kindle a flame within their particular States but will be unable to spread a general
conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but
the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A
rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project
will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady
is more likely to taint a particular county or district than an entire State.
In the extent, and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to
republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in
cherishing the spirit and supporting the character of Federalists.


The Federalist NO. 51 (James Madison)
T     o what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the

several departments as laid down in the Constitution? The only answer that can be given is that as all these exterior provisions
are found to be inadequate the defect must be supplied, by so contriving the interior structure of the government as that its
several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. Without pre-
suming to undertake a full development of this important idea, I will hazard a few general observations which may perhaps
place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government
planned by the convention.
In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain
extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will
of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the
appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments
for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the
people, through channels having no communication whatever with one another. Perhaps such a plan of constructing the several
departments would be less difficult in practice than it may in contemplation appear. Some difficulties, however, and some
additional expense would attend the execution of it. Some deviations, therefore, from the principle must be admitted. In the
constitution of the judiciary department in particular, it might be inexpedient to insist rigorously on the principle; first, because
peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice
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which best secures these qualifications; secondly, because the permanent tenure by which the appointments are held in that
department must soon destroy all sense of dependence on the authority conferring them.
It is equally evident that the members of each department should be as little dependent as possible on those of the others for
the emoluments annexed to their offices. Were the executive magistrate, or the judges, not independent of the legislature in this
particular, their independence in every other would be merely nominal.
But the great security against a gradual concentration of the several powers in the same department consists in giving to those
who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.
The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be
made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a
reflection on human nature that such devices should be necessary to control the abuses of government. But what is government
itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were
to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to
be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed;
and in the next place, oblige it to control itself. A dependence on the people is, no doubt, the primary control on the govern-
ment; but experience has taught mankind the necessity of auxiliary precautions.
This policy of supplying, by opposite and rival interests, the defect of better motives might be traced through the whole system
of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power; where
the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other—that the
private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requi-
site in the distribution of the supreme powers of the State.
But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative
authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and
to render them, by different modes of election, and different principles of action, as little connected with each other as the
nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard
against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should
be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. An absolute negative
on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But
perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite
firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be
supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by
which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights
of its own department?
If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a
criterion to the several State constitutions, and to the federal Constitution, it will be found that if the latter does not perfectly
correspond with them, the former are infinitely less able to bear such a test.
There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a
very interesting point of view.
First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government;
and the usurpations are guarded against by a division of the government into distinct and separate departments. In the
compound republic of America, the power surrendered by the people is first divided between two distinct governments, and
then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the
rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.
Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one
part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a
majority be united by a common interest, the rights of the minority will be insecure. There are but two methods of providing
against this evil: The one by creating a will in the community independent of the majority—that is, of the society itself; the
other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a
majority of the whole very improbable, if not impracticable. The first method prevails in all governments possessing an
hereditary or self appointed authority. This, at best, is but a precarious security; because a power independent of the society
may as well espouse the unjust views pf the major as the rightful interests of the minor party, arid may possibly be turned
against both parties. The second method will be exemplified in the federal republic of the United States. Whilst all authority in
it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes
of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the
majority. In a free government the security for civil rights must be the same as that for religious rights. It consists in the one case
in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases will depend on
the number of interests and sects; and this may be presumed to depend on the extent of country and number of people
comprehended under the same government. This view of the subject must particularly recommend a proper federal system to
all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the
Union may be formed into more circumscribed Confederacies, or States, oppressive combinations of a majority will be
facilitated: the best security, under the republican forms, for the rights of every class of citizens, will be diminished; and
consequently, the stability and independence of some member of the government, the only other security, must be
proportionally increased. Justice is the end of government.
107      Historical Documents
It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under
the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature,
where the weaker individual is not secured against the violence of the stronger: And as, in the latter state, even the stronger individuals are
prompted by the uncertainty of their condition to submit to a government which may protect the weak as well as themselves. So, in the former
state, will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties,
the weaker as well as the more powerful. It can be little doubted that if the State of Rhode Island was separated from the Confederacy and left
to itself, the insecurity of rights under the popular form of government within such narrow limits would be displayed by such reiterated
oppressions of factious majorities that some power altogether independent of the people would soon be called for by the voice of the very
factions whose misrule had proved the necessity of it. In the extended republic of the United States, and among the great variety of interests,
parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those
of justice and the general good; whilst there being thus less danger to a minor from the will of the major party, there must be less pretext, also,
to provide for the security of the former, by introducing into the government a will not dependent on the latter; or, in other words, a will
independent of the society itself. It is no less certain that it is important, notwithstanding the contrary opinions which have been entertained,
that the larger the society, provided it lie within a practicable sphere, the more duly capable it will be of self-government. And happily for the
republican cause, the practicable sphere may be carried to a very great extent by a judicious modification and mixture of the federal
principle.


The Federalist NO. 78 (Alexander Hamilton)
W           e proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing
Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the
considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being
relative to the manner of constituting it, and to its extent. To these points, therefore, our observations shall be confined.
The manner of constituting it seems to embrace these several objects: 1st. The mode of appointing the judges. 2nd. The tenure by which they
are to hold their places. 3rd. The partition of the judiciary authority between different courts and their relations to each other.
First. As to the mode of appointing the judges: this is the same with that of appointing the officers of the Union in general and has been so
fully discussed in the two last numbers that nothing can be said here which would not be useless repetition.
Second. As to the tenure by which the judges are to hold their places: this chiefly concerns their duration in office, the provisions for their
support, the precautions for their responsibility.
According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good
behavior, which is conformable to the most approved of the State constitutions, and among the rest, to that of this State. Its propriety having
been drawn into question by the adversaries of that plan is no light symptom of the rage for objection which disorders their imaginations and
judgments. The standard of good behavior for the continuance in office of the judicial magistracy is certainly one of the most valuable of the
modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a
no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in
any government to secure a steady, upright, and impartial administration of the laws.
Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each
other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will
be least in a capacity to annoy or injure them. The executive not only dispenses the honors but holds the sword of the community. The legisla-
ture not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on
the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take
no active resolution whatever. It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the
aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It proves incontestably that the judiciary is beyond comparison the
weakest of the
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108
three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to
defend itself against their attacks. It equally proves that though individual oppression may now and then proceed from the courts of justice, the
general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the
legislature and the executive. For I agree that "there is no liberty if the power of judging be not separated from the legislative and executive
powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have everything to fear from
its union with either of the other departments; that as all the effects of such a union must ensue from a dependence of the former on the latter,
notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being
overpowered, awed, or influenced by its coordinate branches; and that as nothing can contribute so much to its firmness and independence as
permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure,
as the citadel of the public justice and the public security.
The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one
which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post
facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose
duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or
privileges would amount to nothing.
Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an
imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare
the acts of another void must necessarily be superior to the one whose acts may be declared void. As this doctrine is of great importance in all
the American constitutions, a brief discussion of the grounds on which it rests cannot be unacceptable.
There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission
under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that
the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people
themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.
If it be said that the legislative body are themselves the constitutional judges of their own powers and that the construction they put upon them
is conclusive upon the other departments, it may be answered that this cannot be the natural presumption where it is not to be collected from
any particular provisions in the Constitution. It is not otherwise to be supposed that the Constitution could intend to enable the representatives
of the people to substitute their will to that of their constituents. It is far more rational to suppose that the courts were designed to be an
intermediate body between the people and the legislature in order, among other things, to keep the latter within the limits assigned to their
authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the
judges as, a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding
from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and
validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to
the intention of their agents.
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the
people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared
in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the
fundamental laws rather than by those which are not fundamental.
This exercise of judicial discretion in determining between two contradictory laws is exemplified in a familiar instance. It not uncommonly
happens that there are two statutes existing at one time, clashing in whole or in part with each other and neither of them containing any
repealing clause or expression. In such a case, it is the province of the courts to liquidate and fix their meaning and operation. So far as they
can, by any fair construction, be reconciled to each other, reason and law conspire to dictate that this should be done; where this is
impracticable, it becomes a matter of necessity to give effect to one in exclusion of the other. The rule which has obtained in the courts for
determining their relative validity is that the last in order of time shall be preferred to the first. But this is a mere rule of construction, not derived
from any positive law but from the nature and reason of the thing. It is a rule not enjoined upon the courts by legislative provision but adopted
by themselves, as consonant to truth and propriety, for the direction of their conduct as interpreters of the law. They thought it reasonable that
between the interfering acts of an equal authority that which was the last indication of its will should have the preference.
But in regard to the interfering acts of a superior and subordinate authority of an original and derivative power, the nature and reason of the
thing indicate the converse of that rule as proper to be followed. They teach us that the prior act of a superior ought to be preferred to the
subsequent act of an inferior and subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will
be the duty of the judicial tribunals to adhere to the latter and disregard the former.
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It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own
pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two
contradictory statutes; or it might as well happen in every adjudication upon any single statute. The
courts must declare the sense of the law; and if they should be disposed to exercise will instead of
judgment, the consequence would equally be the substitution of their pleasure to that of the legislative
body. The observation, if it prove anything, would prove that there ought to be no judges distinct from
that body.
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against
legislative encroachments, this consideration will afford a strong argument for the permanent tenure of
judicial offices, since nothing will contribute so much as this to that independent spirit in the judges
which must be essential to the faithful performance of so arduous a duty.
This independence of the judges is equally requisite to guard the Constitution and the rights of
individuals from the effects of those ill humors which the arts of designing men, or the influence of
particular conjunctures, sometimes disseminate among the people themselves, and which, though they
speedily give place to better information, and more deliberate reflection, have a tendency, in the
meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor
party in the community. Though I trust the friends of the proposed Constitution will never concur with
its enemies in questioning that fundamental principle of Republican government which admits the
right of the people to alter or abolish the established Constitution whenever they find it inconsistent
with their happiness; yet it is not to be inferred from this principle that the representatives of the
people, whenever a momentary inclination happens to lay hold of a majority of their constituents
incompatible with the provisions in the existing Constitution would, on that account, be justifiable in a
violation of those provisions; or that the courts would be under a greater obligation to connive at
infractions in this shape than when they had proceeded wholly from the cabals of the representative
body. Until the people have, by some solemn and authoritative act, annulled or changed the established
form, it is binding upon themselves collectively, as well as individually; and no presumption, or even
knowledge of their sentiments, can warrant their representatives in a departure from it prior to such an
act. But it is easy to see that it would require an uncommon portion of fortitude in the judges to do their
duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by
the major voice of the community.
But it is not with a view to infractions of the Constitution only that the independence of the judges may
be an essential safeguard against the effects of occasional ill humors in the society. These sometimes
extend no farther than to the injury of the private rights of particular classes of citizens, by unjust and
partial laws. Here also the firmness of the judicial magistracy is of vast importance in mitigating the
severity and confining the operation of such laws. It not only serves to moderate the immediate
mischiefs of those which may have been passed but it operates as a check upon the legislative body in
passing them; who, perceiving that obstacles to the success of iniquitous intention are to be expected
from the scruples of the courts, are in a manner compelled, by the very motives of the injustice they
mediate, to qualify their attempts. This is a circumstance calculated to have more influence upon the
character of our governments than but few may be aware of. The benefits of the integrity and
moderation of the judiciary have already been felt in more States than one; and though they may have
displeased those whose sinister expectations they may have disappointed, they must have commanded
the esteem and applause of all the virtuous and disinterested. Considerate men of every description
ought to prize whatever will tend to beget or fortify that temper in the courts; as no man can be sure that
he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today. And every
man must now feel that the inevitable tendency of such a spirit is to sap the foundations of public and
private confidence and to introduce in its stead universal distrust and distress.
That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we
perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold
their offices by a temporary commission. Periodical appointments, however regulated, or by
whomsoever made, would, in some way or other, be fatal to their necessary independence. If the power
of making them was committed either to the executive or legislature there would be danger of an
improper complaisance to the branch which possessed it; if to both, there would be an unwillingness to
hazard the displeasure of either; if to the people, or to persons chosen by them for the special purpose,
there would be too great a disposition to consult popularity to justify a reliance that nothing would be
consulted but the Constitution and the laws.
There is yet a further and a weighty reason for the permanency of the judicial offices which is deducible
from the nature of the qualifications they require. It has been frequently remarked with great propriety
that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages
of a free government. To avoid an arbitrary discretion in the courts, it is indispensable that they should
be bound down by strict rules and precedents which serve to define and point out their duty in every
particular case that comes before them; and it will readily be conceived from the variety of controversies
which grow out of the folly and wickedness of mankind that the records of those precedents must
unavoidably swell to a very considerable bulk and must demand long and laborious study to acquire a
competent knowledge of them. Hence it is that there can be but few men in the society who will have
sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions
for the ordinary depravity of human nature, the number must be still smaller of those who unite the
requisite integrity with
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the requisite knowledge. These considerations apprise us that the government can have no great option between fit characters;
and that a temporary duration in office which would naturally discourage such characters from quitting a lucrative line of
practice to accept a seat on the bench would have a tendency to throw the administration of justice into hands less able and less
well qualified to conduct it with utility and dignity. In the present circumstances of this country and in those in which it is
likely to be for a long time to come, the disadvantages on this score would be greater than they may at first sight appear; but it
must be confessed that they are far inferior to those which present themselves under the other aspects of the subject.
Upon the whole, there can be no room to doubt that the convention acted wisely in copying from the models of those
constitutions which have established good behavior as the tenure of their judicial offices, in point of duration; and that so far
from being blamable on this account, their plan would have been inexcusably defective if it had wanted this important feature
of good government. The experience of Great Britain affords an illustrious comment on the excellence of the institution.


Anti-Federalist Responses
Arguments Against the Adoption of Die Constitution
When the Constitutional Convention of 1787 produced the new Constitution, many thoughtful, patriotic people from all over the
country opposed its adoption. These Anti-Federalists, as they were known, had a number of objections to the Constitution. Five of
their most significant objections were these: (1) The new Constitution was a document written by and for the primary benefit of a
wealthy and powerful aristocracy. (2) The Constitution lacked a bill of rights. (3) The Constitutional Convention was not
authorized to do anything but amend the Articles of Confederation; therefore, the Constitution was an illegal document. (4) States
would be wholly subordinate to the new National Government and lose their sovereignty. (5) The powers given to the new United
States Government were so extensive as to lead inevitably to tyranny and despotism. The following documents provide a sampling
of Anti-Federalist arguments.
Richard Henry Lee
Lee from Virginia wrote the best-known Anti-Federalist essays of the time, "Letters from the Federal Farmer to the Republican."
These excerpts are from these letters written in October 1787.
The present moment discovers a new face in our affairs. Our object has been all along to reform our federal system and to
strengthen our governments—to establish peace, order, and justice in the community—but a new object now presents. The plan
of government now proposed is evidently calculated totally to change, in time, our condition as a people. Instead of being
thirteen republics under a federal head, it is clearly designed to make us one consolidated government. . . . This consolidation of
the states has been the object of several men in this country for some time past. Whether such a change can ever be effected, in
any manner; whether it can be effected without convulsions and civil wars; whether such a change will not totally destroy the
liberties of this country, time only can determine. . . .
The Confederation was formed when great confidence was placed in the voluntary exertions of individuals and of the
respective states; and the framers of it, to guard against usurpation, so limited and checked the powers that, in many respects,
they are inadequate to the exigencies of the
Union. We find, therefore, members of Congress urging alterations in the federal system almost as soon as it was adopted.. . .
We expected too much from the return of peace, and, of course, we have been disappointed. Our governments have been new
and unsettled; and several legislature, [by their actions] . . . have given just cause of uneasiness. . . .
The conduct of several legislatures touching paper-money and tender laws has prepared many honest men for changes in
government, which otherwise they would not have thought of—when by the evils, on the one hand, and by the secret
instigations of artful men, on the other, the minds of men were become sufficiently uneasy, a bold step was taken, which is
usually followed by a revolution or a civil war. A general convention for mere commercial purposes was moved for—the
authors of this measure saw that the people's attention was turned solely to the amendment of the federal system; and that, had
the idea of a total change been started, probably no state would have appointed members to the Convention. The idea of
destroying, ultimately, the state government and forming one consolidated system could not have been admitted. A convention,
therefore, merely for vesting in Congress power to regulate trade was proposed. . . .
The plan proposed appears to be partly federal, but principally, however, calculated ultimately to make the states one
consolidated government.
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The first interesting question therefore suggested is how far the states can be consolidated into one entire government on free
principles. In considering this question, extensive objects are to be taken into view, and important changes in the forms of
government to be carefully attended to in all their consequences. The happiness of the people at large must be the great object
with every honest statesman, and he will direct every movement to this point. If we are so situated as a people as not to be able
to enjoy equal happiness and advantages under one government, the consolidation of the states cannot be admitted.
There are certain unalienable and fundamental rights, which in forming the social compact ought to be explicitly ascertained
and fixed. A free and enlightened people, in forming this compact, will not resign all their rights to those who govern, and they
will fix limits [a bill of rights] to their legislators and rulers, which will soon be plainly seen by those who are governed, as well
as by those who govern; and the latter will know they cannot be passed unperceived by the former and without giving a general
alarm. These rights should be made the basis of every constitution; and if a people be so situated, or have such different
opinions, that they cannot agree in ascertaining and fixing them, it is a very strong argument against their attempting to form
one entire society, to live under one system of laws only.
It may also be worthy our examination how far the provision for amending this plan, when it shall be adopted, is of any
importance. No measures can be taken toward amendments unless two-thirds of the Congress, or two-thirds of the legislature of
the several states, shall agree. While power is in the hands of the people, or democratic part of the community, more especially
as at present, it is easy, according to the general course of human affairs, for the few influential men in the community to obtain
conventions, alterations in government, and to persuade the common people that they may change for the better, and to get from
them a part of the power. But when power is once transferred from the many to the few, all changes become extremely difficult;
the government in this case being beneficial to the few, they will be exceedingly artful and adroit in preventing any measures
which may lead to a change; and nothing will produce it but great exertions and severe struggles on the part of the common
people. Every man of reflection must see that the change now proposed is a transfer of power from the many to the few, and the
probability is the artful and ever active aristocracy will prevent all peaceful measures for changes, unless when they shall
discover some favorable moment to increase their own influence.
It is true there may be danger in delay; but there is danger in adopting the system in its present form. And I see the danger in
either case will arise principally from the conduct and views of two very unprincipled parties in the United States—two fires,
between which the honest and substantial people have long found themselves situated. One party is composed of little
insurgents, men in debt, who want no law and who want a share of the property of others—these are called levelers, Shayites,
etc. The other party is composed of a few but more dangerous men, with their servile dependents; these avariciously grasp at all
power and property. You may discover in all the actions of these men an evident dislike to free and equal government, and they
will go systematically to work to change, essentially, the forms of government in this country—these are called aristocrats. . . .
. . . The fact is, these aristocrats support and hasten the adoption of the proposed Constitution merely because they think it is a
stepping-stone to their favorite object. I think I am well-founded in this idea; I think the general politics of these men support
it, as well as the common observation among them that the proffered plan is the best that can be got at present; it will do for a
few years, and lead to something better. . . .
Luther Martin
Martin, the leading Anti-Federalist from Maryland, attended the Constitutional Convention as a delegate. In this excerpt from a
speech before the Maryland State legislature on November 29, 1787, he defends his decision to leave the Convention before its work
was finished.
It was the states as states, by their representatives in Congress, that formed the Articles of Confederation; it was the states as
states, by their legislatures, who ratified those Articles; and it was there established and provided that the states as states (that
is, by their legislatures) should agree to any alterations that should hereafter be proposed in the federal government, before they
should be binding; and any alterations agreed to in any other manner cannot release the states from the obligation they are
under to each other by virtue of the original Articles of Confederation. The people of the different states never made any
objection to the manner in which the Articles of Confederation were formed or ratified, or to the mode by which alterations
were to be made in that government—with the rights of their respective states they wished not to interfere. Nor do I believe the
people, in their individual capacity, would ever have expected or desired to have been appealed to on the present occasion, in
violation of the rights of their respective states, if the favorers of the proposed Constitution, imagining they had a better chance
of forcing it to be adopted by a hasty appeal to the people at large (who could not be so good judges of the dangerous
consequence), had not insisted upon this mode . . . .
It was also my opinion that, upon principles of sound policy, the agreement or disagreement to the proposed system ought to
have been by the state legislatures; in which case, let the event have been what it would, there would have been but little
prospect of the public peace being disturbed thereby; whereas the attempt to force down this system, although Congress and the
respective state legislatures should disapprove, by appealing to the people and to procure its establishment in a manner totally
unconstitutional, has a tendency to set the state governments and their subjects at variance with each other, to lessen the
obligations of government, to weaken the bands of society, to introduce anarchy and confusion, and to light the torch of discord
and civil war throughout this continent. All these considerations weighed with me most forcibly against giving my assent to the
mode by which it is resolved that this system is to be ratified, and were urged by me in opposition to the measure.
Historical Documents     113 LEJ
. . . [A] great portion of that time which ought to have been devoted calmly and impartially to consider what alterations in our
federal government would be most likely to procure and preserve the happiness of the Union was employed in a violent
struggle on the one side to obtain all power and dominion in their own hands, and on the other to prevent it; and that the
aggrandizement of particular states, and particular individuals, appears to have been much more the subject sought after than
the welfare of our country . . . .
When I took my seat in the Convention, I found them attempting to bring forward a system which, I was sure, never had
entered into the contemplation of those I had the honor to represent, and which, upon the fullest consideration, I considered not
only injurious to the interest and rights of this state but also incompatible with the political happiness and freedom of the states
in general. From that time until my business compelled me to leave the Convention, I gave it every possible opposition, in every
stage of its progression. I opposed the system there with the same explicit frankness with which I have here given you a history
of our proceedings, an account of my own conduct, which in a particular manner I consider you as having a right to know. While
there, I endeavored to act as became a freeman and the delegate of a free state. Should my conduct obtain the approbation of
those who appointed me, I will not deny it would afford me satisfaction; but to me that approbation was at most no more than a
secondary consideration—my first was to deserve it. Left to myself to act according to the best of my discretion, my conduct
should have been the same had I been even sure your censure would have been my only reward, since I hold it sacredly my
duty to dash the cup of poison, if possible, from the hand of a state or an individual, however anxious the one or the other might
be to swallow it. . . .
William Findley, Robert Whitehill, and John Smilie
Findley, Whitehill, and Smilie—who were delegates to the Pennsylvania State convention—believed that they and other opponents
o f the Constitution were prevented from expressing their views because o f the political maneuver-ings o f the Federalists. This
excerpt is from "The Address and Reasons o f Dissent o f the Minority o f the Convention o f the State o f Pennsylvania to their
Constituents," which the three men published in the Pennsylvania Packet and Daily Advertiser on December 1 8 , 1787.
The Continental Convention met in the city of Philadelphia at the time appointed. It was composed of some men of excellent
character; of others who were more remarkable for their ambition and cunning than their patriotism; and of some who had been
opponents to the independence of the United States. The delegates from Pennsylvania were, six of them, uniform and decided
opponents to the constitution of the commonwealth [the Articles of Confederation]. The convention sat upward of four months.
The doors were kept shut, and the members brought under the most solemn engagements of secrecy. Some of those who
opposed their going so far beyond their powers, retired, hopeless, from the convention; others had the firmness to refuse
signing the plan altogether; and many who did sign it, did it not as a system they wholly approved but as the best that could be
then obtained; and notwithstanding the time spent on this subject, it is agreed on all hands to be a work of haste and
accommodation. . . .
Our objections are comprised under three general heads of dissent, viz.:
We dissent, first, because it is the opinion of the most celebrated writers on government, and confirmed by uniform experience,
that a very extensive territory cannot be governed on the principles of freedom otherwise than by a confederation of republics,
possessing all the powers of internal government but united in the management of their general and foreign concerns. . . .
We dissent, secondly, because the powers vested in Congress by this Constitution must necessarily annihilate and absorb the
legislative, executive, and judicial powers of the several states, and produce from their ruins one consolidated government,
which from the nature of things will be an iron-handed despotism, as nothing short of the supremacy of despotic sway could
connect and govern these United States under one government.
As the truth of this position is of such decisive importance, it ought to be fully investigated, and if it is founded, to be clearly
ascertained; for, should it be demonstrated that the powers vested by this Constitution in Congress will have such an effect as
necessarily to produce one consolidated government, the question then will| be reduced to this short issue, viz.: whether
satiated with the blessings of liberty, whether repenting of the folly of so recently asserting their unalienable rights against
foreign despots at the expense of so much blood and treasure, and such painful and arduous struggles, the people of America
are now willing to resign every privilege of freemen, and submit to the dominion of an absolute government that will embrace
all America in one chain of despotism; or whether they will, with virtuous indignation, spurn at the shackles prepared for them,
and confirm their liberties by a conduct becoming freemen. . . .
We dissent, thirdly, because if it were [practicable to govern so extensive a territory as these ! United States include, on the plan
of a consolidated government, consistent with the principles of liberty and the happiness of the people, yet the construction of
this Constitution is not calculated to attain the object; for independent of the nature of the case, it would of itself necessarily
produce a despotism, and that not by the usual gradations but with the celerity that has hitherto only attended revolutions
effected by the sword.
To establish the truth of this position, a cursory investigation of the principles and form of this Constitution will suffice.
The first consideration that this review suggests is the omission of a Bill of Rights ascertaining and fundamentally establishing
those unalienable and personal rights of men, without the full, free, and secure enjoyment of which there can be no liberty, and
over which it is not necessary for a good government to have the control— the principal of which are the rights of conscience,
personal liberty by the clear and unequivocal establishment of the writ of habeas corpus, jury trial in criminal and civil cases,
by an impartial jury of the vicinage or county, with the common law proceedings for the safety of the accused in criminal
prosecutions; and the liberty of the press, that scourge of tyrants, and the grand bulwark of every other liberty and privilege.
The stipulations heretofore made in favor of them in the state constitutions are entirely superseded by this Constitution. . . .
114      Historical Documents
Articles of Confederation
In force   from March 1, 1781 to March 4, 1789


T      o all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting. Whereas the
Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand
Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and
perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia in the Words following, viz. "Articles of
Confederation and perpetual Union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.
[ART. I.] The Stile of this confederacy shall be "The United States of America."
[ART. II.] Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this
confederation expressly delegated to the United States, in Congress assembled.
[ART. III.] The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their
Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon
them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
[ART. IV.] The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free
inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and immunities
of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall
enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof
respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other
state of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the
united states, or either of them.
If any Person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of
the united states, he shall upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the
state having jurisdiction of his offence.
Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every
other state.
[ART. V.] For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such
manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved
to each state, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year.
No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a
delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the
united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.
Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.
In determining questions in the united states, in Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of
congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on
congress, except for treason, felony, or breach of the peace.
[ART. VI.] No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or
enter into any conference, agreement, or alliance or treaty with any King, prince or state; nor shall any person holding any office of profit or trust
under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign
state; nor shall the united states in congress assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in
congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress
assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed
Historical Documents        115
necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be
kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled,
shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a
well regulated and disciplined militia, sufficiently armed and accounted, and shall provide and constantly have ready for use,
in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually
invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such
state and the danger is so imminent as not to admit of a delay, till the united states in congress assembled can be consulted: nor
shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration
of war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against
which war has been so declared, and under such regulations as shall be established by the united states in congress assembled,
unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the
danger shall continue, or until the united states in congress assembled shall determine otherwise.
[ART. VTJ.] When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall
be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state
shall direct, and all vacancies shall be filled up by the state which first made the appointment.
[ART. VIII.] All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and
allowed by the united states in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the
several states, in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and
the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled,
shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and
direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled.
[ART. IX.] The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace
and war, except in the cases mentioned in the sixth article—of sending and receiving ambassadors—entering into treaties and
alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be
restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the
exportation or importation of any species of goods or commodities whatsoever—of establishing rules for deciding in all cases,
what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the
united states shall be divided or appropriated—of granting letters of marque and reprisal in times of peace— appointing courts
for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally
appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.
The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or
that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which
authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent [of
any] state in controversy with another shall present a petition to congress stating the matter in question and praying for a
hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in
controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint
by joint Consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they
cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party
shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number
not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and
the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine
the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either
party shall neglect to attend at the day appointed, without shewing reasons, which congress shall judge sufficient, or being
present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of
congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in
the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of
such court, or to appear to defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment,
which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case
transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided that every
commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior
court of the state, where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the
best of his judgment, without favour, affection or hope of reward;" provided also that no state shall be deprived of territory for
the benefit of the united states.
116      Historical Documents
All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may
respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to
have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally
determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between
different states.
The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck
by their own authority, or by that of the respective states—fixing the standard of weights and measures throughout the united states—regulating
the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its
own limits be not infringed or violated—establishing and regulating post-offices from one state to another, throughout all the united states, and
exacting such postage on the papers passing thro' the same as may be requisite to defray the expences of the said office—appointing all
officers of the land forces, in the service of the united states, excepting regimental officers—appointing all the officers of the naval forces, and
commissioning all officers whatever in the service of the united states—making rules for the government and regulation of the said land and
naval forces, and directing their operations.
The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated "A
Committee of the States," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be
necessary for managing the general affairs of the united states under their direction—to appoint one of their number to preside, provided that
no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of Money
to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expences—to borrow money, or
emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or
emitted—to build and equip a navy—to agree upon the number of land forces, and to make requisitions from each state for its quota, in
proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall
appoint the regimental officers, raise the men and clothe, arm and equip them in a soldier like manner, at the expence of the united states, and
the officers and men so clothed, armed and equipped shall march to the place appointed, and within the time agreed on by the united states in
congress assembled. But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state
should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the
quota thereof, such extra number shall be raised, officered, clothed, armed and equipped in the same manner as the quota of such state,
unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise,
officer, clothe, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed
and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.
The united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into
any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and
welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor
agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in
chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day
be determined, unless by the votes of a majority of the united states in congress assembled.
The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no
period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except
such parts thereof relating to treaties, alliances or military operations as in their judgment require secrecy; and the yeas and nays of the
delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any
of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the
legislatures of the several states.
[ART. X.] The committee of the states, or any nine of them, shall be authorised to execute, in the recess of congress, such of the powers of
congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with;
provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in
the congress of the united states assembled is requisite.
[ART. XL] Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all
the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
[ART. XII.] All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of congress, before the assembling of
the united states, in pursuance of the present confederation, shall be
Historical Documents       117
deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith
are hereby solemnly pledged.
[ART. XIII.] Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this
confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be
perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united
states, and be afterwards confirmed by the legislatures of every state.
And whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to
approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know ye that we the undersigned delegates, by
virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents,
fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters
and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the
determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that
the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. In Witness
whereof we have hereunto set our hands in Congress. Done at Philadelphia in the state of Pennsylvania the ninth Day of July in the Year of our
Lord one Thousand seven Hundred and Seventy-eight, and in the third year of the independence of America.
JOSIAH BARTLETT
JOHN WENTWORTH Junr August 8th 1778 On the part & behalf of the State of New Hampshire
JOHN HANCOCK
SAMUEL ADAMS
ELBRIDGE GERRY
FRANCIS DANA
JAMES LOVELL
SAMUEL HOLTEN
On the part and behalf of
the State of Massachusetts Bay
WILLIAM ELLERY
HENRY MARCHANT
JOHN COLLINS
On the part and behalf
of the State of Rhode Island
and Providence Plantations
ROGER SHERMAN
SAMUEL HUNTINGTON
OLIVER WOLCOTT
TITUS HOSMER
ANDREW ADAMS
On the part and behalf of
the State of Connecticut
JAS DUANE FRAS LEWIS WM DUER. Gouv MORRIS
On the Part and Behalf of the State of New York
JNO WITHERSPOON NATHL SCUDDER On the Part and in Behalf of the State of New Jersey. Novr 26, 1778.—
ROBT MORRIS DANIEL ROBERDEAU JONA BAYARD SMITH. WILLIAM CLINGAN JOSEPH REED 22d July
1778 On the part and behalf of the State of Pennsylvania
THO M:KEAN Feby 12 1779 JOHN DICKINSON May 5th 1779 NICHOLAS VAN DYKE, On the part & behalf of the State of
Delaware
JOHN HANSON March 1 1781 DANIEL CARROLL d° On the part and behalf of the State of Maryland
RICHARD HENRY LEE JOHN BANISTER THOMAS ADAMS
JN° HARVIE
FRANCIS LIGHTFOOT LEE On the Part and Behalf of the State of Virginia
JOHN PENN
July 21st 1778
CORNS HARNETT
JN° WILLIAMS
On the part and Behalf
of the State of N° Carolina
HENRY LAURENS WILLIAM HENRY DRAYTON JN° MATHEWS RICHD HUTSON. THOS HEYWARD Junr On
the part & behalf of the State of South Carolina
JN° WALTON
24th July 1778
EDWD TELFAIR.
EDWD LANGWORTHY
On the part and behalf of
the State of Georgia
119       Historical Documents
Gettysburg Address
Abraham Lincoln delivered the following address on November 19, 1863, at the dedication o f the National
Cemetery in Gettysburg, Pennsylvania, site o f a major Civil War battle. The eloquent speech, which took only two
minutes to deliver, soon became one o f the world's most-quoted orations.


F   our score and seven years ago our fathers brought forth on this continent, a new nation, conceived in
Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great
civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We
are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final
resting place for those who here gave their lives that that nation might live. It is altogether fitting and
proper that we should do this.
But, in a larger sense, we can not dedicate—we can not consecrate—we can not hallow—this ground. The
brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or
detract. The world will little note, nor long remember what we say here, but it can never forget what they
did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought
here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining
before us—that from these honored dead we take increased devotion to that cause for which they gave
the last full measure of devotion—that we here highly resolve that these dead shall not have died in
vain—that this nation, under God, shall have a new birth of freedom—and that government of the
people, by the people, for the people, shall not perish from the earth.
797
■




The Emancipation Proclamation
Issued by President Abraham Lincoln onJanuary 1,1863

W          hereas on the 22d day of September, A.D. 1862, a proclamation was issued by the President of the United

States, containing, among other things, the following, to wit:
"That on the 1st day of January, A.D. 1863, all persons held as slaves within any State or designated part of a State
the people whereof shall then be in rebellion against the United States shall be then, thenceforward, and forever free;
and the Executive Government of the United States, including the military and naval authority thereof, will recognize
and maintain the freedom of such persons and will do no act or acts to repress such persons, or any of them, in any
efforts they may make for their actual freedom.
"That the executive will on the 1st day of January aforesaid, by proclamation, designate the States and parts of
States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the
fact that any State or the people thereof shall on that day be in good faith represented in the Congress of the United
States by members chosen thereto at elections wherein a majority of the qualified voters of such States shall have
participated shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State
and the people thereof are not then in rebellion against the United States."
Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as
Commander-in-Chief of the Army and Navy of the United States in time of actual armed rebellion against the authority
and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on
this 1st day of January, A.D. 1863, and in accordance with my purpose so to do, publicly proclaimed for the full period
of one hundred days from the first day above mentioned, order and designate as the States and parts of States
wherein the people thereof, respectively, are this day in rebellion against the United States the following, to wit:
Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St.
James, Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New
Orleans), Mississippi,
Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated
as West Virginia, and also the counties of Berkeley, Accomac, Northhampton, Elizabeth City, York, Princess Anne,
and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are for the present left
precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within
said designated States and parts of States are, and henceforward shall be, free; and that the Executive Government
of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of
said persons.
And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-
defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.
And I further declare and make known that such persons of suitable condition will be received into the armed service
of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said
service.
And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I
invoke the considerate judgment of mankind and the gracious favor of Almighty j pod.
Over the course of the Civil War, nearly 180,000 African Americans wore the Union uniform.
122     Historical Documents
Supreme Court
Glossary
Agostiniv. Felton (1997)
Decision: The Court decided that it was appropriate to reconsider Aguilar v. Felton as subsequent cases had undermined several
of the assumptions, for example that public employees placed at parochial schools would "inevitably inculcate religion," upon
which the decision was based. The Court then found that New York City's Title I Program did not violate any of the criteria
used "to evaluate whether government aid has the effect of advancing religion: it does not result in governmental
indoctrination; define its recipients by reference to religion; or create an excessive entanglement." As a result, the Court
concluded that "a federally funded program providing supplemental, remedial instruction to disadvantaged children on a
neutral basis is not invalid under the Establishment Clause when such instruction is given on the premises of sectarian schools
by government employees pursuant to a program containing safeguards" against excessive entanglement between government
and religion.
Baker v. Carr (1962)
Decision: The Supreme Court held that the federal courts do have jurisdiction and authority to review the constitutionality of a
State's electoral apportionment. The voters are entitled to a trial on their allegation that the Tennessee apportionment violated
the United States Constitution by diluting their votes and denying them equal protection of the law. The federal courts may
impose remedies if the voters can show that their votes do not count for substantially the same amount as votes of others in the
State.
Bethel School District #403 v. Fraser (1986)
(1st Amendment, freedom of speech) A high school student gave a sexually suggestive political speech at a high school
assembly to elect student officers. The school administration strongly disciplined the student, Fraser, who argued that school
rules unfairly limited his freedom of political speech. Fraser's view was upheld in State court. Washington appealed to the
Supreme Court, which found that "it does not follow. . . that simply because the use of an offensive form of expression may not
be prohibited to adults making what the speaker considers a political point, the same latitude must be permitted to children in a
public school."
Board of Estimate of City of New York v. Morris (1989)
Decision: The reapportionment requirement of "one-person, one-vote" applies to the Board of Estimate. The Board has sufficient
legislative functions that its composition must fairly represent city voters on an approximately equal basis. The fact that some
members are elected citywide is one factor to be considered in evaluating the fairness of the electoral structure, but it is not
determinative. The City's expressed interests—that the Board be effective and that it accommodate natural and political
boundaries as well as local interests—does not justify the size of the deviation from the "one-person, one-vote" ideal. The City
could structure the Board in other ways that would further these interests while minimizing the discrimination in voting power.
Bob Jones University v. United States (1983)
(14th Amendment in conflict with 1st Amendment) Bob Jones University, a private school, denied admission to applicants in an
interracial marriage or who "espouse" interracial marriage or dating. The Internal Revenue Service then denied tax exempt
status to the school because of racial discrimination. The university appealed, claiming their policy was based on the Bible. The
Court upheld the IRS ruling, stating that " . . . Government has a fundamental overriding interest in eradicating racial
discrimination in education."
Brown v. Board of Education of ftp*** (1954)
(14th Amendment, Equal Protection Clause) Probably no twentieth century Supreme Court decision so deeply stirred and
changed life in the United States as Brown. A 10-year-old Topeka girl, Linda Brown, was not permitted to attend her
neighborhood school because she was an African American. The Court heard arguments about whether segregation itself was a
violation of the Equal Protection Clause and found that it was, commenting that "in the field of public education the doctrine of
'separate but equal' has no place. . . . Segregation is a denial of the equal protection of the laws." The decision overturned Plessy
v. Ferguson, 1896.
City of Philadelphia v. New Jersey (1978)
Decision: The Court decided that New Jersey may not restrict the importation of solid or liquid waste that originated outside the
State. The Commerce Clause protects all objects of interstate trade, including waste. A State may not discriminate against items
that are identical except for their origin, and thus may not prohibit out-of-state waste that is no different from domestically
produced waste. Although waste disposal is a problem in many locations, States may not constitutionally deal with the problem
by erecting a barrier against the movement of interstate trade.
The Civil Rights Cases (1883)
(14th Amendment, Equal Protection Clause) The Civil Rights Act of 1875 included punishments of businesses that practiced
discrimination. The Court ruled on a number of cases involving the Acts in 1883, finding that the Constitution, "while
prohibiting discrimination by governments, made no provisions . . . for acts of racial discrimination by private individuals." The
decision limited the impact of the Equal Protection Clause, giving tacit approval for segregation in the private sector.
Communist Party of Indiana v. Whitcomb (1974)
Decision: The Supreme Court ruled that the required oath was unconstitutional. Although the Court agreed that the
Supreme Court Glossary     124
Constitution entrusted control of the electoral process to the States, it held that the States may not infringe upon basic
constitutional rights in exercising that control. People have a right to organize themselves into political parties according to their
beliefs, to run for elected office, and to vote for candidates based on those beliefs. A political party may hold an abstract belief
in violent political change without necessarily advocating unlawful violent action. The States may forbid advocacy of the use of
force only when that advocacy is directed to inciting or producing imminent lawless action and is likely to incite such action.
Cruzan v. Missouri (1990)
(14th Amendment, Due Process Clause) After Nancy Beth Cruzan was left in a "persistent vegetative state" by a car accident,
Missouri officials refused to comply with her parents' request that the hospital terminate life-support. The Court upheld the
State policy under which officials refused to withdraw treatment, rejecting the argument that the Due Process Clause of the 14th
Amendment gave the parents the right to refuse treatment on their daughter's behalf. Although individuals have the right to
refuse medical treatment, "incompetent" persons are not able to exercise this right; without "clear and convincing" evidence that
Cruzan desired the withdrawal of treatment, the State could legally act to preserve her life.
Dennis v. United Stales (1951)
(1st Amendment, freedom of speech) The Smith Act of 1940 made it a crime for any person to work for the violent overthrow of
the United States in peacetime or war. Eleven Communist party leaders, including Dennis, had been convicted of violating the
Smith Act, and they appealed. The Court upheld the Act.
Dred Scott v. Sandford (1857)
(5th Amendment, individual rights) This decision upheld property rights over human rights by saying that Dred Scott, a slave,
could not become a free man just because he had traveled in "free soil" States with his master. A badly divided nation was
further fragmented by the decision. "Free soil" federal laws and the Missouri Compromise line of 1820 were held
unconstitutional because they deprived a slave owner of the right to his "property" without just compensation. This narrow
reading of the Constitution, a landmark case of the Court, was most clearly stated by Chief Justice Roger B. Taney, a States'
rights advocate.
Engelv. 09fe/e(1962)
(1st Amendment, Establishment Clause) The State Board of Regents of New York required the recitation of a 22-word
nonsectarian prayer at the beginning of each school day. A group of parents filed suit against the required prayer, claiming it
violated their 1st Amendment rights. The Court found New York's action to be unconstitutional, observing, "There can be no
doubt that. . . religious beliefs [are] embodied in the Regent's prayer."
Edwards v. South Carolina (1963)
(1st Amendment, freedom of speech and assembly) A group of mostly African American civil rights activists held a rally at the
South Carolina State Capitol, protesting segregation. A hostile crowd gathered and the rally leaders were arrested and convicted
for "breach of the peace." The Court overturned the convictions, saying, "The Fourteenth Amendment does not permit a State to
make criminal the peaceful expression of unpopular views."
Escobedo v. Illinois (1964)
(6th Amendment, right to counsel) In a case involving a murder confession by a person known to Chicago-area police who was
not afforded counsel while under interrogation, the Court extended the "exclusionary rule" to illegal confessions in State court
proceedings. Carefully defining an "Escobedo Rule," the Court said, "where. . . the investigation is no longer a general inquiry . .
. but has begun to focus on a particular suspect . . . (and where) the suspect has been taken into custody . . . the suspect has
requested . . . his lawyer, and the police have not. . . warned him of his right to remain silent, the accused has been denied . . .
counsel in violation of the Sixth Amendment."
Ex parte Milligan (1866)
(Article II, executive powers) An Indiana man was arrested, treated as a prisoner of war, and imprisoned by a military court
during the Civil War under presidential order. He claimed that his rights to a fair trial were interfered with and that military
courts had no authority outside of "conquered territory." He was released because, "the Constitution . . . is a law for rulers and
people, equally in war and peace, and covers . . . all . . . men, at all times, and under all circumstances." The Court held that
presidential powers to suspend the writ of habeas corpus in time of war did not extend to creating another court system run by
the military.
Flast v. Cohen [1968)
Decision: The Supreme Court concluded that the rule announced in Frothingham v. Mellon expressed a practical policy of
judicial self-restraint rather than an absolute constitutional limitation on the power of federal courts to hear taxpayer suits.
While mere status as a federal taxpayer ordinarily will not give sufficient "standing" to allow a person to challenge the
constitutionality of a federal law, there may be times when taxpayers are appropriate plaintiffs. Flast v. Cohen, in which
plaintiffs argued that the First Amendment specifically prohibited taxing them in order to support religious activities, was one
in which their role as taxpayers was well suited to the challenge they sought to assert. The Court ruled that they had standing to
sue, and allowed them to proceed with their case.
Furman v. Georgia (1972)
(8th Amendment, capital punishment) Three different death penalty cases, including Furman, raised the question of racial
imbalances in the use of death sentences by State courts. Furman had been convicted and sentenced to death in Georgia. In
deciding to overturn existing State death-penalty laws, the Court noted that there was an "apparent arbitrariness of the use of
the sentence. . . . " Many States rewrote their death-penalty statutes and these were generally upheld in Gregg v. Georgia,1976.
Gibbons v. Ogden (1824)
(Supremacy Clause) This decision involved a careful examination of the power of Congress to "regulate interstate commerce."
Aaron Ogden's exclusive New York ferry
126     Supreme Court Glossary
license gave him the right to operate steamboats to and from New York. He said that Thomas Gibbons's federal "coasting
license" did not include "landing rights" in New York City. The Court invalidated the New York licensing regulations, holding
that federal regulations should take precedence under the Supremacy Clause. The decision strengthened the power of the
United States to regulate any interstate business relationship. Federal regulation of the broadcasting industry, oil pipelines, and
banking are all based on Gibbons.
Gideon v. Wainwright (1963)
(6th Amendment, right to counsel) In 1961 a Florida court found Clarence Earl Gideon guilty of breaking and entering and
sentenced him to five years in prison. Gideon appealed his case to the Supreme Court on the basis that he had been
unconstitutionally denied counsel during his trial due to Florida's policy of only providing appointed counsel in capital cases.
The Court granted Gideon a new trial, and he was found not guilty with the help of a court-appointed attorney. The "Gideon
Rule" upheld the 6th Amendment's guarantee of counsel of all poor persons facing a felony charge, a further incorporation of
Bill of Rights guarantees into State constitutions.
Gitlow v. New York (1925)
(1st Amendment, freedom of speech) A New York socialist, Gitlow, was convicted under a State law on "criminal anarchy" for
distributing copies of a "left-wing manifesto." For the first time, the Court considered whether the 1st Amendment applied to
State laws. The case helped to establish what came to be known as the "incorporation" doctrine, under which, it was argued, the
provisions of the 1st Amendment were "incorporated" by the 14th Amendment, thus applying to State as well as federal laws.
Although New York law was not overruled in this case, the decision clearly indicated that the Supreme Court could make such a
ruling. Another important incorporation case is Powell v. Alabama, 1932.
Goldberg v. Kelly (1970)
Decision: The Court ruled that public aid recipients are entitled to a pre-termination hearing at which he or she (directly or
through an attorney) may offer arguments, present evidence, and cross-examine witnesses. In its decision, the Court held that
welfare benefits are a matter of statutory entitlement for persons who are eligible to receive them. Before terminating benefits,
the government must therefore comply with the requirements of procedural due process.
Goss v. Lopez (1975)
(14th Amendment, Due Process Clause) Ten Ohio students were suspended from their schools without hearings. The students
challenged the suspensions, claiming that the absence of a preliminary hearing violated their 14th Amendment right to due
process. The Court agreed with the students, holding that "having chosen to extend the right to an education. . . Ohio may not
withdraw that right on grounds of misconduct, absent fundamentally fair procedures to determine whether the misconduct has
occurred, and must recognize a student's legitimate entitlement to a public education as a property interest that is protected by
the Due Process Clause."
Gregg v. Georgia (1976)
(8th Amendment, cruel and unusual punishment) A Georgia jury sentenced Troy Gregg to death after finding him guilty on two
counts each of murder and armed robbery. Gregg appealed the sentence, claiming that it violated the "cruel and unusual
punishment" clause of the 8th Amendment and citing Furman v. Georgia, 1972, in which the court held that Georgia's
application of the death penalty was unfair and arbitrary. However, the Court upheld Gregg's sentence, stating for the first time
that "punishment of death does not invariably violate the Constitution."
Griswoldv. Connecticut (1965)
(14th Amendment, Due Process Clause) A Connecticut law forbade the use of "any drug, medicinal article, or instrument for the
purpose of preventing conception." Griswold, director of Planned Parenthood in New Haven, was arrested for counseling
married persons and, after conviction, appealed. The Court overturned the Connecticut law, saying that "various guarantees (of
the Constitution) create zones of privacy. .." and questioning, ".. .would we allow the police to search the sacred precincts of
marital bedrooms. . . ?" The decision is significant for raising for more careful inspection the concept of "unenumerated rights"
in the 9th Amendment, later central to Roe v. Wade, 1973.
Hazel wood School District v. Kuhlmeier [19B&)
(1st Amendment, freedom of speech) In 1983, the principal of Hazelwood East High School in Missouri removed two articles
from the upcoming issue of the student newspaper, deeming their content "inappropriate, personal, sensitive, and unsuitable
for student readers." Several students sued the school district, claiming that their 1st Amendment right to freedom of expression
had been violated. The Court upheld the principal's action, stating that "a school need not tolerate student speech that is
inconsistent with its basic educational mission, even though the government could not censor similar speech outside the
school." School officials had full control over school-sponsored activities "so long as their actions are reasonably related to
legitimate pedagogical concerns. . . . "
Heart of Atlanta Motel, Inc. v. United States (1964)
Decision: The Court ruled that Congress could outlaw racial segregation of private facilities that are engaged in interstate
commerce. The Court's decision stated, "If it is interstate commerce that feels the pinch, it does not matter how 'local' the
operation which applies the squeeze. . . . The power of Congress to promote interstate commerce also includes the power to
regulate the local incidents thereof, including local activities. . . which have a substantial and harmful effect upon that
commerce."
Hutchinson v. Proxmire (1979)
Decision: The Court held that the Speech or Debate Clause gives members of Congress immunity from suit for defamatory
statements made within the legislative chambers, but the privilege does not extend to comments made in other locations, even if
they merely repeat what was said in Congress. The newsletters and press release were not within
Supreme Court Glossary    128
the deliberative process nor were they essential to the deliberation of the Senate. They also were not part of the "informing
function" of members of Congress, since they were not a part of legislative function or of the deliberations that make up the
legislative process. The comments were merely designed to convey information on the Senator's individual positions and
beliefs. Finally, although Hutchinson had received extensive attention in the media as a result of his receipt of the Golden
Fleece Award, he was not a public figure prior to that controversy and thus is entitled to the greater protection against
defamation that is extended to non-public figures. The fact that the public may have an interest in governmental expenditures
does not make Hutchinson himself a public figure.
Illinois v , Wardlow (2000)
Decision: The Supreme Court refused to say that flight from the police will always justify a stop or that it will never do so.
Instead, the Court ruled that flight can be an important factor in determining whether police have "reasonable suspicion" to stop
a suspect. The trial court will have to determine in each case whether the information available to the police officers, including
the fact of a suspect's flight, was sufficient to support the stop.
In Re Gault ( 1 9 B 6 )
(14th Amendment, Due Process Clause) Prior to the Gault case, proceedings against juvenile offenders were generally handled
as "family law," not "criminal law" and provided few due process guarantees. Gerald Gault was assigned to six years in a State
juvenile detention facility for an alleged obscene phone call. He was not provided counsel and not permitted to confront or
cross-examine the principal witness. The Court overturned the juvenile proceedings and required that States provide juveniles
"some of the due process guarantees of adults," including a right to a phone call, to counsel, to cross-examine, to confront their
accuser, and to be advised of their right to silence.
Ingraham v. Wright ( 1 9 7 7 )
Decision: A majority of the Supreme Court concluded that the 8th Amendment historically protected people convicted of
crimes, and does not apply to public school students. If authorized by local law or custom, public schools have the right to
administer reasonable discipline, and students do not have a due process right to notice or a hearing before punishment
administered in accordance with law or custom.
Johnson v. Santa Clara Transportation Agency ( 1 9 8 7 )
(Discrimination) Under their affirmative action plan, the Transportation Agency in Santa Clara, California, was authorized to
"consider as one factor the sex of a qualified applicant" in an effort to combat the significant under-representation of women in
certain job classifications. When the Agency promoted Diane Joyce, a qualified woman, over Paul Johnson, a qualified man, for
the job of road dispatcher, Johnson sued, claiming that the Agency's consideration of the sex of the applicants violated Title VII
of the Civil Rights Act of 1964. The Court upheld the Agency's promotion policy, arguing that the affirmative action plan
created no "absolute bar" to the advancement of men but rather represented "a moderate, flexible, case-by-case approach to
effecting a gradual improvement in the representation of minorities and women . . . in the Agency's work force, and [was] fully
consistent with Title VII."
Korematsu v. United States (1944)
Decision: The Court upheld the military order in light of the circumstances presented by World War II. "Pressing public
necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group." The Court
noted, however, that racial antagonism itself could never form a legitimate basis for the restrictions.
Lemony. Kurtzman( 1 9 7 1 )
(1st Amendment, Establishment Clause) In overturning State laws regarding aid to church-supported schools in this and a
similar Rhode Island case, the Court created the Lemon test limiting " . . . excessive government entanglement with religion."
The Court noted that any State law about aid to religion must meet three criteria: (1) purpose of the aid must be clearly secular,
(2) its primary effect must neither advance nor inhibit religion, and (3) it must avoid "excessive entanglement of government
with religion."
Mapp v. Ohio (1962)
(4th and 14th Amendments, illegal evidence and Due Process Clause) Admitting evidence gained by illegal searches was
permitted by some State constitutions before Mapp. Cleveland police raided Dollree Mapp's home without a warrant and
found obscene materials. She appealed her conviction, saying that the 4th and 14th Amendments protected her against improper
police behavior. The Court agreed, extending "exclusionary rule" protections to citizens in State courts, saying that the
prohibition against unreasonable searches would be "meaningless" unless evidence gained in such searches was "excluded."
This case further developed the concept of "incorporation" begun in Gitlow v. New York, 1925.
Marbury y . Madison (1803)
(Article III, judicial powers) After defeat in the 1800 election, President Adams appointed many Federalists to the federal courts,
but James Madison, the new secretary of state, refused to deliver the commissions. William Marbury, one of the appointees,
asked the Supreme Court to enforce the delivery of his commission based on a provision of the Judiciary Act of 1789 that
allowed the Court to hear such cases on original jurisdiction. The Court refused Marbury's request, finding that the relevant
portion of the Judiciary Act was in conflict with the Constitution. This decision, written by Chief Justice Marshall, established
the evaluation of federal laws' constitutionality, or "judicial review," as a power of the Supreme Court.
McCulloch v. Maryland ( 1 8 1 9 )
(Article I, Section 8, Necessary and Proper Clause) Called the "Bank of the United States" case. A Maryland law required
federally chartered banks to use only a special paper to print paper money, which amounted to a tax. James McCulloch, the
cashier of the Baltimore branch of the bank, refused to use the paper, claiming that States could not tax the Federal Government.
The Court declared the Maryland law unconstitutional, commenting " . . . the power to tax implies the power to destroy."
130      Supreme Court Glossary
Miami Herald Publishing Co. v. Tornillo (1974)
Decision: The Supreme Court found that the right of reply statute violated freedom of the press as guaranteed by the First
Amendment. The statute improperly intrudes into the editorial function of newspapers by deciding what must be published.
The command to publish something is as great an intrusion as a command not to publish something would be. In addition, the
statute penalizes newspapers by requiring them to commit production costs and newspaper space to articles that they may not
wish to publish.
Miranda v. Arizona (1966)
(5th, 6th, and 14th Amendments, rights of the accused) Arrested for kidnapping and sexual assault, Ernesto Miranda signed a
confession including a statement that he had "full knowledge of [his] legal rights. . . . " After conviction, he appealed, claiming
that without counsel and without warnings, the confession was illegally gained. The Court agreed with Miranda that "he must
be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a
court of law, that he has the right to. . . an attorney and that if he cannot afford an attorney one will be appointed for him. . . . "
Although later modified by Nix v. Williams, 1984, and other cases, Miranda firmly upheld citizen rights to fair trials in State
courts.
New Jersey v. T.L.O. (1985)
(4th and 14th Amendments) After T.L.O., a New Jersey high school student, denied an accusation that she had been smoking in
the school lavatory, a vice-principal searched her purse and found cigarettes, marijuana, and evidence that T.L.O. had been
involved in marijuana dealing at the school. T.L.O. was then sentenced to probation by a juvenile court, but appealed on the
grounds that the evidence against her had been obtained by an "unreasonable" search. The Court rejected T.L.O.'s arguments,
stating that the school had a "legitimate need to maintain an environment in which learning can take place," and that to do this
"requires some easing of the restrictions to which searches by public authorities are ordinarily subject. . ." The Court thus
created a "reasonable suspicion" rule for school searches, a change from the "probable cause" requirement in the wider society.
New York Times v. United States (1971)
(1st Amendment, freedom of the press) In 1971 The New York Times obtained copies of classified Defense Department
documents, later known as the "Pentagon Papers," which revealed instances in which the Johnson Administration had deceived
Congress and the American people regarding United States policies during the Vietnam War. A United States district court
issued an injunction against the publication of the documents, claiming that it might endanger national security. On appeal, the
Supreme Court cited the 1st Amendment guarantee of a free press and refused to uphold the injunction against publication,
observing that it is the obligation of the government to prove that actual harm to the nation's security would be caused by the
publication. The decision limited "prior restraint" of the press.
Nixon v . Fitzgerald11982)
Decision: The Court ruled that a President or former President is entitled to absolute immunity from liability based on his
official acts. The President must be able to act forcefully and independently, without fear of liability. Diverting the President's
energies with concerns about private lawsuits could impair the effective functioning of government. The President's absolute
immunity extends to all acts within the "outer perimeter" of his duties of office, since otherwise he would be required to litigate
over the nature of the acts and the scope of his duties in each case. The remedy of impeachment, the vigilant scrutiny of the
press, the Congress, and the public, and presidential desire to earn reelection and concern with historical legacy all protect
against presidential wrongdoing.
Nixon v. Shrink Missouri Government PAC (2000)
Decision: In Buckley v. Valeo, 1976, the Supreme Court had upheld a $1000 limit on contributions by individuals to candidates
for federal office. In Nixon v. Shrink Missouri Government PAC, the Court concluded that large contributions will sometimes
create actual corruption, and that voters will inevitably be suspicious of the fairness of a political process that allows wealthy
donors to contribute large amounts. The Court concluded that the Missouri contribution limits were appropriate to correct this
problem and did not impair the ability of candidates to communicate their messages to the voters and to mount an effective
campaign.
Olmstead v . United States (1928)
(4th Amendment, electronic surveillance) Olmstead was engaged in the illegal sale of alcohol. Much of the evidence against him
was gained through a wiretap made without a warrant. Olmstead argued that he had "a reasonable expectation of privacy," and
that the Weeks v. United States decision of 1914 should be applied to exclude the evidence gained by the wiretap. The Court
disagreed, saying that Olmstead intended "to project his voice to those quite outside . . . and that. . . nothing tangible was
taken." Reversed by subsequent decisions, this case contains the first usage of the concept of "reasonable expectation of privacy"
that would mark later 4th Amendment decisions.
Oregon v. Mitchell (1970)
Decision: The Supreme Court was unable to issue a single opinion of the Court supported by a majority of the justices.
However, in a series of separate opinions, differing majority groups agreed that (1) the 18-year-old minimum-age requirement
of the Voting Rights Act Amendments is valid for national elections but not for State and local elections; (2) the literacy test
provision is valid in order to remedy discrimination against minorities; and (3) the residency and absentee balloting provisions
are a valid Congressional regulation of presidential elections.
Plessy v . Ferguson ( 1 & 9 B )
(14th Amendment, Equal Protection Clause) A Louisiana law required separate seating for white and African American citizens
on public railroads, a form of segregation. Herman Plessy argued that his right to "equal protection of the laws" was violated.
The Court held that
Supreme Court Glossary     132
segregation was permitted if facilities were equal. The Court interpreted the 14th Amendment as "not intended to give Negroes
social equality but only political and civil equality. . . . " The Louisiana law was seen as a "reasonable exercise of (State) police
power. . ." Segregated public facilities were permitted until Plessy was overturned by the Brown v. Board o f Education case of
1954.
Powellv. Alabama (1932)
(6th Amendment, right to counsel) The case involved the "Scottsboro boys," seven African American men accused of sexual
assault. This case was a landmark in the development of a "fundamentals of fairness" doctrine of the Court over the next 40
years. The Scottsboro boys were quickly prosecuted without the benefit of counsel and sentenced to death. The Court
overturned the decision, stating that poor people facing the death penalty in State courts must be provided counsel, and
commenting, " . . . there are certain principles of Justice which adhere to the very idea of free government, which no [State]
may disregard." The case was another step toward incorporation of the Bill of Rights into State constitutions.
Printz v. United Stales (1997)
Decision: The Court ruled that the Brady Act's interim provision requiring certain State or local law enforcement agents to
perform background checks on prospective handgun purchasers was unconstitutional. Although no provision of the
Constitution deals explicitly with federal authority to compel State officials to execute federal law, a review of the
Constitution's structure and of prior Supreme Court decisions leads to the conclusion that Congress does not have this power.
Regents of the University of California v. Bakke { 1 9 7 8 )
Decision: The Supreme Court issued a narrow ruling that invalidated the medical school's special admission program and
directed the regents to admit Bakke but that did not overturn all affirmative action programs. Although the University of
California's policy was unacceptable, "the goal of achieving a diverse student body is sufficiently compelling to justify
consideration of race in admissions decisions under some circumstances." The Court indicated that it would consider
discrimination and affirmative action questions on a case-by-case basis.
Renov. ACLU { 1 9 9 7 )
Decision: The Supreme Court ruled that the "indecent transmission" provision and the "patently offensive display" provision of
the Communications Decency Act violated the 1st Amendment's freedom of speech. The Internet does not have the special
features (such as historical governmental oversight, limited frequencies, and "invasiveness") that have justified allowing greater
regulation of content in radio and television. The Federal Government failed to show that the good faith defenses in the statute
were technologically or commercially viable ways of effectively reducing the impermissible burden on protected speech.
Because the Act is overbroad in violation of the 1st Amendment, the Court did not consider whether it was also overly vague in
violation of the 5th Amendment.
Reno v. Condon (2000)
Decision: The Court upheld the federal law that forbids States from selling addresses, telephone numbers, and other
information that drivers put on license applications. They agreed with the Federal Government that information, including
motor vehicle license information, is an "article of commerce" in the interstate stream of business and therefore is subject to
regulation by Congress. The Court emphasized that the statute did not impose on the States any obligation to pass particular
laws or policies and thus did not interfere with the States' sovereign functions.
Roe v . Wade ( 1 8 7 3 )
(9th Amendment, right to privacy) A Texas woman challenged a State law forbidding the artificial termination of a pregnancy,
saying that she "had a fundamental right to privacy." The Court upheld a woman's right to choose in this case, noting that the
State's "important and legitimate interest in protecting the potentiality of human life" became "compelling" at the end of the
first trimester, and that before then, " . . . the attending physician, in consultation with his patient, is free to determine, without
regulation by the State, that. . . the patient's pregnancy should be terminated." The decision struck down the State regulation of
abortion in the first three months of pregnancy and was modified by Planned Parenthood o f Southeastern PA v. Casey, 1992.
Rostker v. Goldberg (1981)
Decision: The Court ruled that women did not have to be included in the draft registration. The purpose of having draft
registration was to prepare for the actual draft of combat troops if they should be needed. Since Congress and the President had
both consistently decided not to use women in combat positions, it was not necessary for women to register either. The Court
also noted that the role of women in the armed services had been debated extensively in the Congress, and concluded that the
legislature had reached a thoughtful, reasoned conclusion on this issue.
Roth v. United Slates (1951)
(1st Amendment, freedom of the press) A New York man named Roth operated a business that used the mail to invite people to
buy materials considered obscene by postal inspectors. The Court, in its first consideration of censorship of obscenity, created
the "prevailing community standards" rule, which required a consideration of the work as a whole. In its decision, the Court
defined as obscene that which offended "the average person, applying contemporary community standards." In a case decided
the same day, the Court applied the same "test" to State obscenity laws.
Schenck v. United States (1919)
(1st Amendment, freedom of speech) Charles Schenck was an officer of an antiwar political group who was arrested for alleged
violations of the Espionage Act of 1917, which made active opposition to the war a crime. He had urged thousands of young men
called to service by the draft act to resist and to avoid induction. The Court limited free speech in time of war, stating that
Schenck's words, under the circumstances, presented a "clear and present danger. . . . " Although later decisions modified the
decision, the Schenck case created a precedent that 1st Amendment guarantees were not absolute.
134   Supreme Court Glossary
School District ofAbington Township, Pennsylvania v. Schempp (1963)
(1st Amendment, Establishment Clause) A Pennsylvania State law required reading from the Bible each day at school as an all-
school activity. Some parents objected and sought legal remedy. When the case reached the Court, it agreed with the parents,
saying that the Establishment Clause and Free Exercise Clause both forbade States from engaging in religious activity. The
Court created a rule holding that if the purpose and effect of a law "is the advancement or inhibition of religion," it "exceeds the
scope of legal power."
Shelley v. Kraemer (1948)
Decision: The Court ruled that "in granting judicial enforcement of the restrictive agreements . . . the States have denied
petitioners the equal protection of the laws. . . . " No individual has the right under the Constitution to demand that a State
take action that would result in the denial of equal protection to other individuals. The Court rejected the respondents'
argument that, since state courts would also enforce restrictive covenants against white owners, enforcement of covenants
against black owners did not constitute a denial of equal protection. "Equal protection of the laws is not achieved through
indiscriminate imposition of inequalities."
Sheppard v . Maxwell (1966)
(14th Amendment, Due Process Clause) Dr. Samuel Sheppard was convicted of murdering his wife in a trial widely covered by
national news media. Sheppard appealed his conviction, claiming that the pretrial publicity had made it impossible to get a fair
trial. The Court rejected the arguments about "press freedom," overturned his conviction, and ordered a new trial. As a result of
the Sheppard decision, some judges have issued "gag" orders limiting pretrial publicity.
Tennessee Valley Authority v . /I///(1978)
(Article I, Section 8, Necessary and Proper Clause) In 1975 the secretary of the interior found that the Tennessee Valley
Authority's work on the Tellico Dam would destroy the endangered snail darter's habitat in violation of the Endangered Species
Act of 1975. When the TVA refused to stop work on the project, local residents sued and won an injunction against completion
of the dam from the federal court of appeals. The TVA appealed, arguing that the project should be completed since it had
already been underway when the Endangered Species Act had passed and, with full knowledge of the circumstances of the
endangered fish, Congress had continued to appropriate money for the dam in every year since the Act's passage. However, the
Supreme Court found the injunction against the TVA's completion of the dam to be proper, stating "examination of the
language, history, and structure of the legislation. . . indicates beyond doubt that Congress intended endangered species to be
afforded the highest of priorities."
Tinker v. Des Moines School District (1969)
Decision: The Court upheld the students' First Amendment rights. Because students do not "shed their constitutional rights to
freedom of speech or expression at the school-house gate," schools must show a possibility of "substantial disruption" before
free speech can be limited at school.
Students may express personal opinions as long as they do not materially disrupt classwork, create substantial disorder, or
interfere with the rights of others. In this case, the wearing of black armbands was a "silent, passive expression of opinion"
without these side effects and thus constitutionally could not be prohibited by the school.
United States v. Amistad (1841)
In 1839 two Spaniards purchased a group of kidnapped Africans and put them aboard the schooner Amistad for a journey from
Cuba to Principe. The Africans overpowered the ship's crew, killing two men, and ordered the Spaniards to steer towards
Africa. The crew steered instead toward the United States coast, where the U.S. brig Washington seized the ship, freeing the
Spaniards and imprisoning the Africans. A series of petitions to the courts ensued, in which the Spaniards claimed the Africans
as their property, and the Americans who had seized the ship claimed a share of the cargo, including the Africans, as their
lawful salvage. The Court, however, declared that the Africans were not property and issued a decree that the unlawfully
kidnapped Africans "be and are hereby declared to be free."
United States v. Eichman (1990)
Decision: The Court agreed with the trial courts' rulings that the Flag Protection Act violated the 1st Amendment. Flag-burning
constitutes expressive conduct, and thus is entitled to constitutional protection. The Act prevents protesters from using the flag
to express their opposition to governmental policies and activities. Although the protesters' ideas may be offensive or
disagreeable to many people, the government may not prohibit them from expressing those ideas.
United States v. General Dynamics Corp. (1974)
A deep-mining coal producer, General Dynamics Corp., acquired control of a strip-mining coal producer, United Electric Coal
Companies. The Government filed suit against the company, claiming that the acquisition violated the Clayton Act by limiting
competition in coal sales and production through increasing the concentration of ownership among a small group of producers.
The Court rejected the Government's argument, finding that, although the acquisition may have increased concentration of
ownership, it did not threaten to substantially lessen competition and was therefore not in violation of the Clayton Act.
United States v. Leon (1984)
(4th Amendment, exclusionary rule) Police in Burbank, California, gathered evidence in a drug-trafficking investigation using a
search warrant issued by a state court judge. Later a District Court found that the warrant had been improperly issued and
granted a motion to suppress the evidence gathered under the warrant. The Government appealed the decision, claiming that
the exclusionary rule should not apply in cases where law enforcement officers acted in good faith, believing the warrant to be
valid. The Court agreed and established the "good-faith exception" to the exclusionary rule, finding that the rule should not be
applied to bar evidence "obtained by officers acting in reasonable reliance on a
Supreme Court Glossary     136
search warrant issued by a detached and neutral magistrate but ultimately found to be invalid."
United States v. Lopez (1990)
(Article I, Section 8, Commerce Clause) Alfonzo Lopez, a Texas high school student, was convicted of carrying a weapon in a
school zone under the Gun-Free School Zones Act of 1990. He appealed his conviction on the basis that the Act, which forbids
"any individual knowingly to possess a firearm at a place that [he] knows. . . is a school zone," exceeded Congress's legislative
power under the Commerce Clause. The Court agreed that the Act was unconstitutional, stating that to uphold the legislation
would "bid fair to convert congressional Commerce Clause authority to a general police power of the sort held only by the
States."
United States v. Nixon (1974)
(Separation of powers) During the investigation of the Watergate scandal, in which members of President Nixon's
administration were accused of participating in various illegal activities, a special prosecutor subpoenaed tapes of conversations
between Nixon and his advisors. Nixon refused to release the tapes but was overruled by the Court, which ordered him to
surrender the tapes, rejecting his arguments that they were protected by "executive privilege." The President's "generalized
interest in confidentiality" was subordinate to "the fundamental demands of due process of law in the fair administration of
criminal justice."
Wallace v. Jaffree (1985)
(1st Amendment, Establishment Clause) An Alabama law authorized a one-minute period of silence in all public schools "for
meditation or voluntary prayer." A group of parents, including Jaffree, challenged the constitutionality of the statute, claiming it
violated the Establishment Clause of the 1st Amendment. The Court agreed with Jaffree and struck down the Alabama law,
determining that "the State's endorsement. . . of prayer activities at the beginning of each schoolday is not consistent with the
established principle that the government must pursue a course of complete neutrality toward religion."
Walz v. Tax Commission of the City of New York ( 1 9 7 0 )
(1st Amendment, Establishment Clause) State and local governments routinely exempt church property from taxes. Walz
claimed that such exemptions were a "support of religion," a subsidy by government. The Court disagreed, noting that such
exemptions were just an example of a "benevolent neutrality" between government and churches, not a support of religion.
Governments must avoid taxing churches because taxation would give government a "control" over religion, prohibited by the
"wall of separation of church and state" noted in Ever son v. Board o f Education, 1947.
Watkins v. United States (1957)
Decision: The Court held that Watkins was not given a fair opportunity to determine whether he was within his rights in
refusing to answer the Committee's questions. Congress has no authority to expose the private affairs of individuals unless
justified by a specific function of Congress. Congress's investigative powers are broad but not unlimited, and must not infringe
on 1st Amendment rights of speech, political belief, or association. When witnesses are forced by subpoena to testify, the
subject of Congressional inquiry must be articulated in the Committee's charter or explained at the time of testimony if 1st
Amendment rights are in jeopardy.
West Virginia Board of Education v. Barnette (19*3)
(1st Amendment, freedom of religion) During World War II the West Virginia Board of Education required all students to take
part in a daily flag saluting ceremony or else face expulsion. Jehovah's Witnesses objected to the compulsory salute, which they
felt would force them to break their religion's doctrine against the worship of any "graven image." The Court struck down the
rule, agreeing that a compulsory flag salute violated the 1st Amendment's exercise of religion clause and stating "no official,
high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. . . . "
Board of Education of Westside Community Schools v. Mergens (1990)
(1st Amendment, Establishment Clause) A request by Bridget Mergens to form a student Christian religious group at school was
denied by an Omaha high school principal. Mergens took legal action, claiming that a 1984 federal law required "equal access"
for student religious groups. The Court ordered the school to perijhit the club, stating, "a high school does not have to permit
any extracurricular activities, but when it does, the school is bound by the . . . [Equal Access] Act of 1984. Allowing students to
meet on campus and discuss religion is constitutional because it does not amount to 'State sponsorship of a religion.'"
Wisconsin v. Yoder (1972)
(1st Amendment, Free Exercise Clause) Members of the Amish religious sect in Wisconsin objected to sending their children to
public schools after the eighth grade, claiming that such exposure of the children to another culture would endanger the group's
self-sufficient agrarian lifestyle essential to their religious faith. The Court agreed with the Amish, while noting that the Court
must move carefully to weigh the State's "legitimate social concern when faced with religious claim for exemption from
generally applicable educational requirements."
137      Supreme Court Glossary
Glossary
Number(s) after each definition refer to page(s) where the term is defined.
Absentee voting Provisions made for those unable to get to
their regular polling places on election day. p. 189
Acquit Find not guilty of a charge, p. 311
Act of admission A congressional act admitting a new State to
the Union, p. 100
Adjourn Suspend, as in a session of Congress, p. 264 Administration The officials in the executive branch of a government and
their policies and principles, p. 416 Affirmative action A policy that requires most employers take positive steps to remedy the
effects of past discriminations, p. 609 Albany Plan of Union Plan proposed by Benjamin Franklin in 1754 that aimed to unite the
13 colonies for trade, military, and other purposes; the plan was turned down by the colonies and the Crown, pp. 35-36
Alien Foreign-born resident, or noncitizen. pp. 534, 614 Ambassador An official representative of the United States appointed
by the President to represent the nation in matters of diplomacy, p. 471
Amendment A change in, or addition to, a constitution or law. p. 72
Amnesty A blanket pardon offered to a group of law violators, p. 408
Anti-Federalists Those persons who opposed the ratification of the Constitution in 1787-1788. p. 56
Appellate jurisdiction The authority of a court to review decisions of inferior (lower) courts; see original jurisdiction, pp. 509, 709
Apportion Distribute, as in seats in a legislative body. p. 267 Appropriate Assign to a particular use. p. 305 Articles Numbered
sections of a document. The unamended Constitution is divided into seven articles, p. 65 Articles of Confederation Plan of
government adopted by the Continental Congress after the American Revolution; established "a firm league of friendship"
among the States, but allowed few important powers to the central government, p. 44 Assemble To gather with one another in
order to express views on public matters, p. 555
Assessment The process of determining the value of property to be taxed, p. 742
Assimilation The process by which people of one culture merge
into, and become part of, another culture, p. 597
At-large election Election of an officeholder by the voters of an
entire governmental unit (e.g. a State or country) rather than
by the voters of a district or subdivision, p. 270
Attorney General The head of the Department of Justice, p. 424
Authoritarian A form of government in which those in power
hold absolute and unchallengeable authority over the people.
All dictatorships are authoritarian, p. 13
Autocracy A form of government in which a single person
holds unlimited political power, p. 13
Autonomous Independent, p. 652
Bail A sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear
in court at the proper time. p. 585 Balance the ticket When a presidential candidate chooses a running mate who can strengthen
his chance of being elected by virtue of certain ideological, geographic, racial, ethnic, gender, or other characteristics, p. 362
Ballot The device voters use to register a choice in an election, p. 190
Bankruptcy The legal proceeding by which a bankrupt person's assets are distributed among those to whom he or she owes
debts, p. 300
Bench trial A trial in which the judge alone hears the case, pp. 580, 705
Bicameral An adjective describing a legislative body composed of two chambers, p. 31
Bill A proposed law presented to a legislative body for consideration, p. 334
Bill of Attainder A legislative act that inflicts punishment without a court trial, p. 577
Bill of Rights The first ten amendments to the Constitution, pp. 76, 532
Bipartisan Supported by two parties, pp. 120, 440 Blanket primary A voting process in which voters receive a long ballot
containing the names of all contenders, regardless of party, and can vote however they choose, p. 183 Block grant One type of
federal grants-in-aid for some particular but broadly defined area of public policy; see grants-in-aid, p. 103
Bourgeoisie The social class between the aristocracy and the proletariat class; the middle class, p. 667 Boycott Refusal to buy or
sell certain products or services, p. 36 Budget A financial plan for the use of money, personnel, and property, p. 744
Bureaucracy A large, complex administrative structure that handles the everyday business of an organization, p. 414 Bureaucrat
A person who works for a bureaucratic organization; see bureaucracy, p. 415
By-election A special election held to choose a replacement for a member of parliament, in the event of a death, p. 628
Cabinet Presidential advisory body, traditionally made up of the heads of the executive departments and other officers, p. 81
Capital All the human-made resources that are used to produce goods and services, p. 659
Capitalist Someone who owns capital and puts it to productive use; often applied to people who own large businesses, p. 659
Capital punishment The death penalty, p. 587 Categorical grant One type of federal grants-in-aid; made for some specific,
closely defined, purpose; see grants-in-aid. p. 102
Caucus As a nominating device, a group of like-minded people
who meet to select the candidates they will support in an
upcoming election, p. 180
Censure Issue a formal condemnation, p. 312
Centrally planned economy A system in which government
bureaucrats plan how an economy will develop over a period
of years, p. 669
Certificate A method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or
rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question, p. 521 Charter A
city's basic law, its constitution; a written grant of authority from the king. pp. 31, 726
Checks and balances System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch
to check the actions of the others; see separation of powers, p. 67
Chief administrator Term for the President as head of the
administration of the Federal Government, p. 355
Chief citizen Term for the President as the representative of the
people, working for the public interest, p. 355
Chief diplomat Term for the President as the main architect of
foreign policy and spokesperson to other countries, p. 355
Chief executive Term for the President as vested with the
executive power of the United States, p. 354
Chief legislator Term for the President as architect of public
policy and the one who sets the agenda for Congress, p. 355
Chief of party Term for the President as the leader of his or her
political party, p. 355
Glossary   139
Chief of state Term for the President as the ceremonial head of the United States, the symbol of all the people of the nation, p.
354
Citizen A member of a state or nation who owes allegiance to it by birth or naturalization and is entitled to full civil rights, p.
613
Civil case A case involving a noncriminal matter such as a contract dispute or a claim of patent infringement, p. 513 Civil law
The portion of the law relating to human conduct, to disputes between private parties, and to disputes between private parties
and government not covered by criminal law. p. 704
Civil liberties The guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including
freedom of speech and freedom of religion, p. 533 Civil rights A term used for those positive acts of government that seek to
make constitutional guarantees a reality for all people, e.g., prohibitions of discrimination, p. 533 Civil service Those civilian
employees who perform the administrative work of government, p. 437
Civilian tribunal A court operating as part of the judicial branch,
entirely separate from the military establishment, p. 525
Clemency Mercy or leniency granted to an offender by a chief
executive; see pardon and reprieve, pp. 407, 699
Closed primary A party nominating election in which only
declared party members can vote. p. 182
Cloture Procedure that may be used to limit or end floor
debate in a legislative body. p. 344
Coalition A temporary alliance of several groups who come together to form a working majority and so to control a government,
pp. 122, 628
Coattail effect The effect of a strong candidate running for an office at the top of a ballot helping to attract voters to other
candidates on the party's ticket, p. 190
Cold war A period of more than 40 years during which relations between the two superpowers were at least tense, and often
hostile. A time of threats and military build up. p. 485 Collective security The keeping of international peace and order, p. 485
Collectivization Collective or state ownership of the means of production, p. 674
Commander in chief Term for the President as commander of the nation's armed forces, p. 355
Commerce and Slave Trade Compromise An agreement during the Constitutional Convention protecting slave holders; denied
Congress the power to tax the export of goods from any State, and, for 20 years, the power to act on the slave trade, p. 53
Commerce power Exclusive power of Congress to regulate interstate and foreign trade, p. 297
Commission government A government formed by commissioners, heads of different departments of city government, who are
popularly elected to form the city council and thus center both legislative and executive powers in one body. p. 728 Committee
chairman Member who heads a standing committee in a legislative body. p. 325
Committee of the Whole A committee that consists of an entire legislative body; used for a procedure in which a legislative
body expedites its business by resolving itself into a committee of itself, p. 339
Common law An unwritten law made by a judge that has developed over centuries from those generally accepted ideas of right
and wrong that have gained judicial recognition, p. 702
Commune A large grouping of several collective farms, p. 675
Communism An ideology which calls for the collective, or state,
ownership of land and other productive property, p. 672
Commutation The power to reduce (commute) the length of a
sentence or fine for a crime, pp. 408, 699
Compromise An adjustment of opposing principles or systems
by modifying some aspect of each. p. 20
Concurrent jurisdiction Power shared by federal and State
courts to hear certain cases, p. 508
Concurrent powers Those powers that both the National Government and the States possess and exercise, p. 93 Concurrent
resolution A statement of position on an issue used by the House and Senate acting jointly; does not have the force of law and
does not require the President's signature, p. 335 Concurring opinion Written explanation of the views of one or more judges
who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the
majority decision, p. 522
Confederation A joining of several groups for a common purpose, pp. 15, 35
Conference committee Temporary joint committee created to reconcile any differences between the two houses' versions of a
bill. p. 333
Connecticut Compromise Agreement during the Constitutional Convention that Congress should be composed of a Senate, in
which States would be represented equally, and a House, in which representation would be based on a State's population, p. 52
Consensus General agreement among various groups on fundamental matters; broad agreement on public questions, pp. 121,
292, 636
Constituency The people and interests that an elected official represents, p. 277
Constituent power The non-legislative power of Constitution-making and the constitutional amendment process, p. 692
Constitution The body of fundamental laws setting out the principles, structures, and processes of a government, p. 5
Constitutionalism Basic principle that government and those who govern must obey the law; the rule of law; see limited gov-,
ernment. p. 65
Containment A policy based in the belief that if communism could be kept within its existing boundaries, it would collapse
under the weight of its internal weaknesses, p. 486 Content neutral The government may not regulate assemblies on the basis on
what might be said. p. 556 Continuing resolution A measure which allows agencies to continue working based on the previous
year's appropriations, p. 462
Continuous body Governing unit (e.g. the United States Senate) whose seats are never all up for election at the same time. p. 277
Controllable spending An amount decided upoji by Congress and the President to determine how much will be spent each year
on many individual government expenditures, including environment protection programs, aid to education, and so on. p. 459
Copyright The exclusive, legal right of a person to reproduce, publish, and sell his or her own literary, musical, or artistic cre-
ations, p. 302
Council-manager government A modification of the mayor-council government, it consists of a strong council of members
elected on a non-partisan ballot, a weak mayor, elected by the people, and a manager, named by the council; see mayor-council
government; see also weak mayor government, p. 728 County A major unit of local government in most States, p. 718 Court-
martial A court composed of military personnel, for the trial of those accused of violating military law. p. 525 Criminal case A
case in which a defendant is tried for committing a crime as defined by the law. p. 513 Criminal law The portion of the law that
defines public wrongs and provides for their punishment, p. 704 Cultural Revolution Begun in 1966, Mao Tse Tung's Red
Guards attacked, bullied, and "reeducated" teachers, intellectuals, and anyone else who seemed to lack revolutionary fervor, p.
650 Custom duty A tax laid on goods brought into the United States from abroad, also known as tariffs, import duties, or
imposts, p. 451
De facto segregation Segregation even if no law requires it, e.g., housing patterns, p. 604
De jure segregation Segregation by law, with legal sanction, p. 604
141      Glossary
Defendant In a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person
charged with the crime, p. 509
Deficit The yearly shortfall between revenue and spending, p. 455 Deficit financing Practice of funding government by
borrowing to make up the difference between government spending and revenue, p. 296
Delegate Representative; lawmaker who views him or herself as the agent of those who elected him or her and votes
accordingly, regardless of his or her personal opinions, pp. 36, 281 Delegated powers Those powers, expressed, implied, or
inherent, granted to the National Government by the Constitution, p. 89 Democracy A form of government in which the
supreme authority rests with the people, pp. 5, 54 Denaturalization The process through which naturalized citizens may
involuntarily lose their citizenship, p. 615 Deportation A legal process in which aliens are legally required to leave the United
States, p. 617 Detente A relaxation of tensions, p. 488 Deterrence The policy of making America and its allies so militarily strong
that their very strength will discourage, or prevent, any attack, p. 485
Devolution The delegation of authority from the central government to regional governments, p. 631 Dictatorship A form of
government in which the leader has absolute power and authority, p. 5
Diplomatic immunity When an ambassador is not subject to the laws of the state to which they are accredited, p. 471 Direct
popular election Proposal to do away with the electoral college and allow the people to vote directly for President and Vice
President, p. 383
Direct primary An election held within a party to pick that party's candidates for the general election, p. 182 Direct tax A tax that
must be paid by the person on whom it is levied; see indirect tax. p. 296
Discharge petition A procedure enabling members to force a bill that has been pigeonholed in committee onto the floor for
consideration, p. 336 Discrimination Bias, unfairness, p. 570
Dissenting opinion Written explanation of the views of one or more judges who disagree with (dissent from) a decision reached
by a majority of the court; see majority opinion, p. 522 Dissolution The power of the Prime Minister to dissolve the House of
Representatives, p. 636
District plan Proposal for choosing presidential electors by which two electors would be selected in each State according to the
Statewide popular vote and the other electors would be selected separately in each of the State's congressional districts, p. 382
Division of powers Basic principle of federalism; the constitutional provisions by which governmental powers are divided on a
geographic basis (in the United States, between the National Government and the States), pp. 14, 89 Docket A court's list of
cases to be heard, p. 513 Doctrine Principle or fundamental policy, p. 308 Domestic affairs All matters not directly connected to
the realm of foreign affairs, pp. 422, 468
Double jeopardy Part of the 5th Amendment which says that no person can be put in jeopardy of life or limb twice. Once a
person has been tried for a crime, he or she cannot be tried again for the same crime, p. 578
Draft Conscription, or compulsory military service, p. 479 Due process The government must act fairly and in accord with
established rules in all that it does. p. 564 Due Process Clause Part of the 14th Amendment which guarantees that no state deny
basic rights to its people, p. 535
Economic protest parties Parties rooted in poor economic times, lacking a clear ideological base, dissatisfied with current
conditions and demanding better times, p. 133 Electoral college Group of persons chosen in each State and the District of
Columbia every four years who make a formal selection of the President and Vice President, pp. 81, 366
Electoral votes Votes cast by electors in the electoral college, p. 365
Electorate All of the people entitled to vote in a given election, pp. 129, 148, 383
Eminent domain Power of a government to take private property for public use. p. 304
Enabling act A congressional act directing the people of a United States territory to frame a proposed State constitution as a step
towards admission to the Union, p. 99 English Bill of Rights Document written by Parliament and agreed on by William and
Mary of England in 1689, designed to prevent abuse of power by English monarchs; forms the basis for much in American
government and politics today, p. 30
Engross To print a bill in its final form. p. 340 Entitlement A benefit that federal law says must be paid to all those who meet the
eligibility requirements, e.g., Medicare, food stamps, and veterans' pension, pp. 458, 735 Entrepreneur An individual with the
drive and ambition to combine land, labor, and capital resources to produce goods or offer services, p. 659 Espionage Spying, p.
477
Establishment Clause Separates church and state, p. 537 Estate tax A levy imposed on the assets of one who dies, pp. 451, 742
Ex post facto law A law applied to an act committed before its passage, p. 577
Excise tax A tax laid on the manufacture, sale, or consumption of goods and/or the performance of services, p. 451 Exclusionary
rule Evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized, p. 573
Exclusive jurisdiction Power of the federal courts alone to hear certain cases, p. 508
Exclusive powers Those powers that can be exercised by the National Government alone, p. 93
Executive agreement A pact made by the President directly with the head of a foreign state; a binding international agreement
with the force of law but which (unlike a treaty) does not require Senate consent, pp. 80, 400
Executive Article Article II of the Constitution. Establishes the presidency and gives the executive power of the Federal
Government to the President, p. 390
Executive departments Often called the Cabinet departments, they are the traditional units of federal administration, p. 424
Executive Office of the President An organization of several agencies staffed by the President's closest advisors, p. 419
Executive order Directive, rule, or regulation issued by a chief executive or subordinates, based upon constitutional or statutory
authority and having the force of law. p. 394 Executive power The power to execute, enforce, and administer law. p. 4
Expatriation The legal process by which a loss of citizenship occurs, p. 614
Expressed powers Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also
called the "enumerated powers." pp. 89, 290 Extradition The legal process by which a fugitive from justice in one State is
returned to that State, p. 107
Faction A conflicting group, p. 127
Factors of production Basic resources which are used to make all goods and services, p. 658
Federal budget A detailed financial document containing estimates of federal income and spending during the coming fiscal
year. p. 421
Federal government A form of government in which powers are divided between a central government and several local
governments, p. 14
Federalism A system of government in which a written constitution divides power between a central, or national, government
and several regional governments, pp. 70, 88
Glossary   143
Federalists Those persons who supported the ratification of the Constitution in 1787-1788. p. 56
Felony A serious crime which may be punished by a heavy fine and/or imprisonment or even death, p. 704 Filibuster Various
tactics (usually long speeches) aimed at defeating a bill in a legislative body by preventing a final vote; associated with the U.S.
Senate; see cloture, p. 343 Fiscal year The 12-month period used by a government and the business world for its record-keeping,
budgeting, revenue-collecting, and other financial management purposes, p. 421 Five-year plan A plan which projects economic
development over the next five years, p. 673
Floor leaders Members of the House and Senate picked by their parties to carry out party decisions and steer legislative action
to meet party goals, p. 324
Foreign affairs A nation's relationships with other countries, p. 468
Foreign aid Economic and military aid to other countries, p. 491 Foreign policy A group of policies made up of all the stands and
actions that a nation takes in every aspect of its relationships with other countries; everything a nation's government says and
does in world affairs, p. 469
Formal amendment Change or addition that becomes part of the written language of the Constitution itself through one of four
methods set forth in the Constitution, p. 73 Framers Group of delegates who drafted the United States Constitution at the
Philadelphia Convention in 1787. p. 48 Franchise The right to vote. p. 148
Franking privilege Benefit allowing members of Congress to mail letters and other materials postage-free. p. 283 Free enterprise
system An economic system characterized by private or corporate ownership of capital goods; investments that are determined
by private decision rather than by state control, and determined in a free market, pp. 20, 659 Free Exercise Clause The second
part of the constitutional guarantee of religious freedom, which guarantees to each person the right to believe whatever he or
she chooses to believe in matters of religion, p. 542
Full Faith and Credit Clause Constitution's requirement that each State accept the public acts, records, and judicial proceedings
of every other State, p. 106
Fundamental law Laws of basic and lasting importance which may not easily be changed, p. 686
Gender gap Measurable differences between the partisan
choices of men and women today, p. 169
General election The regularly scheduled election at which
voters make a final selection of officeholders, p. 179
Gerrymandering The drawing of electoral district lines to the
advantage of a party or group, pp. 159, 271
Gift tax A tax on a gift by a living person, p. 451
Glasnost The Soviet policy of openness under which tolerance
of dissent and freedom of expression increased, p. 646
Gosplan A large agency in the Soviet Union, introduced by
Stalin, to run centralized planning, p. 674
Government The institution through which a society makes
and enforces its public policies, p. 4
Government corporation Corporations within the executive branch subject to the President's direction and control, set up by
Congress to carry out certain business-like activities, p. 434 Grand jury The formal device by which a person can be accused of a
serious crime, p. 577
Grants-in-aid program Grants of federal money or other resources to States, cities, counties, and other local units, p. 101 Grass
roots Of or from the people, the average voters, p. 253 Great Leap Forward The five-year plan for 1958 which was an attempt to
quickly modernize China, p. 675
Hard money Campaign money that is subject to regulations by the FEC. p. 202
Heterogeneous Of another or different race, family or kind; composed of a mix of elements, p.. 594
Ideological parties Parties based on a particular set of beliefs, a comprehensive view of social, economic, and political matters, p.
132
Immigrant Those people legally admitted as permanent residents of a country, p. 594
Impeach To bring formal charges against a public official; the House of Representatives has the sole power to impeach civil
officers of the United States, p. 311
Imperial presidency Term used to describe a President as an "emperor" who acts without consulting Congress or acts in secrecy
to evade or deceive Congress; often used in reference to Richard Nixon's presidency, p. 392
Implied powers Those delegated powers of the National Government that are suggested by the expressed powers; those
"necessary and proper" to carry out the expressed powers; see delegated powers, expressed powers, pp. 90, 290 Income tax A tax
levied on the income of individuals and/or corporations, p. 741
Incorporation The process by which a State establishes a city
as a legal body. p. 726
Incumbent The current officeholder, p. 127
Independent agencies Additional agencies created by Congress
located outside the Cabinet departments, p. 430
Independent executive agencies Agencies headed by a single
administrator with regional subunits, but lacking Cabinet
status, p. 431
Independent regulatory commissions Independent agencies designed to regulate important aspects of the nation's economy,
largely beyond the reach of presidential control, p. 431 Independents A term used to describe people who have no party
affiliation, p. 171
Indictment A formal complaint before a grand jury which charges the accused with one or more crimes, p. 578 Indirect tax A tax
levied on one party but passed on to another for payment, p. 296
Inferior courts The lower federal courts, beneath the Supreme Court, p. 507
Informal amendment A change made in the Constitution not by actual written amendment, but by the experience of
government, including: (1) the passage of laws by Congress; (2) actions taken by the President; (3) Supreme Court decisions; (4)
the activities of political parties; and (5) custom, p. 79
Information A formal charge filed by a prosecutor without the action of a grand jury. p. 704 ,
Inherent powers Powers delegated to the National Government because it is the government of a sovereign state within the
world community, pp. 91, 290
Inheritance tax A tax levied on the beneficiary's share of an estate, p. 742
Initiative A process in which a certain number of qualified voters sign petitions in favor of a proposal, which then goes directly
to the ballot, p. 687
Injunction A court order that forces or limits the performance of some act by a private individual or by a public official, p. 161
Integration The process of bringing a group into equal membership in society, p. 603
Interest A charge for borrowed money, generally a percentage of the amount borrowed, p. 454
Interest group Private organizations whose members share
certain views and work to shape public policy, p. 216
Interstate compact Formal agreement entered into with the
consent of Congress, between or among States, or between a
State and a foreign state, p. 105
Involuntary servitude Forced labor, p. 569
Isolationism A purposeful refusal to become generally involved
in the affairs of the rest of the world, p. 468
Item veto A governor may veto one or more items in a bill
without rejecting the entire measure, p. 699
Jim Crow law A law that separates people on the basis of race, aimed primarily at African Americans, p. 602
145      Glossary
Joint committee Legislative committee composed of members of both houses, p. 333
Joint resolution A proposal for action that has the force of law when passed; usually deals with special circumstances or tem-
porary matters, p. 335
Judicial power The power to interpret laws, to determine their meaning, and to settle disputes within the society, p. 5 Judicial
review The power of a court to determine the constitutionality of a governmental action, p. 69 Jurisdiction The authority of a
court to hear a case. p. 508 Jury A body of persons selected according to law who hear evidence and decide questions of fact in a
court case. p. 704 Jus sanguinis The law of blood, which determines citizenship based on one's parents' citizenship, p. 613 Jus
soli The law of soil, which determines citizenship based on where a person is born. p. 613
Justice of the Peace A judge who stands on the lowest level of the State judicial system and presides over justice courts, p. 707
Keynote address Speech given at a party convention to set the tone for the convention and the campaign to come. p. 373
Labor union An organization of workers who share the same type of job, or who work in the same industry, and press for
government policies that will benefit their members, p. 244 Laissez-faire theory A theory which suggests that government
should play a very limited role in society, p. 662 Law of supply and demand A law which states that when supplies of goods and
services become plentiful, prices tend to drop. When supplies become scarcer, prices tend to rise. pp. 21, 661 Legal tender Any
kind of money that a creditor must, by law, accept in payment for debts, p. 299
Legislative power The power to make a law and to frame public policies, p. 4
Libel False and malicious use of printed words, p. 546 Liberal constructionist One who argues a broad interpretation of the
provisions of the Constitution, particularly those granting powers to the Federal Government, p. 291 Limited government Basic
principle of American government which states that government is restricted in what it may do, and each individual has rights
that government cannot take away; see constitutionalism, popular sovereignty, pp. 29, 685 Line agency An agency which
performs the tasks for which the organization exists, p. 418
Line-item veto A President's cancellation of specific dollar amounts (line items) from a congressional spending bill; instituted
by a 1996 congressional act, but struck down by a 1998 Supreme Court decision, p. 406 Literacy A person's ability to read or
write, p. 156 Lobbying Activities by which group pressures are brought to bear on legislators, the legislative process, and all
aspects of the public-policy-making process, p. 251
Magistrate A justice who handles minor civil complaints and misdemeanor cases that arise in an urban setting, p. 708 Magna
Carta Great Charter forced upon King John of England by his barons in 1215; established that the power of the monarchy was
not absolute and guaranteed trial by jury and due process of law to the nobility, p. 29
Major parties In American politics, the Republican and the Democratic parties, p. 116
Majority opinion Officially called the Opinion of the Court; announces the Court's decision in a case and sets out the reasoning
upon which it is based, p. 522
Mandate The instructions or commands a constituency gives to its elected officials, p. 216
Market economy Economic system in which decisions on production and consumption of goods and services are based on
voluntary exchange of markets, p. 669
Mass media Those means of communication that reach large audiences, especially television, radio, printed publications, and
the Internet, pp. 211, 391
Mayor-council government The oldest and most widely used type of city government—an elected mayor as the chief executive
and an elected council as its legislative body. p. 726 Medicaid A program administered by the State to provide medical
insurance to low-income families, p. 735 Medium A means of communication; something which transmits information, p. 223
Mestizo A person with both Spanish or Portuguese and Native American ancestry, p. 639
Metropolitan area A city and the area around it. p. 731 Minister Cabinet members, most commonly of the House of Commons, p.
629
Minor party One of the political parties not widely supported, p. 119
Miranda Rule The constitutional rights which police must read to a suspect before questioning can occur, p. 582 Misdemeanor A
lesser offense, punishable by a small fine and/or a short jail term. p. 704
Mixed economy An economy in which private enterprise exists in combination with a considerable amount of government
regulation and promotion, p. 21
Monarchy A government lead by a hereditary ruler, p. 627 Monopoly A firm that is the only source of a product or service, p. 661
Multiparty A system in which several major and many lesser parties exist, seriously compete for, and actually win, public
offices, p. 122
National bonus plan Proposal for electing a President by which the winner of the popular vote would receive a bonus of 102
electoral votes in addition to his or her State-based electoral college votes. If no one received at least 321 electoral votes, a run-
off election would be held. p. 384
National convention Meeting at which a party's delegates vote to pick their presidential and vice-presidential candidates, p. 372
Nationalization The governmental acquisition of private industry for public use. p. 642
Naturalization The legal process by which citizens of one country become citizens of another, pp. 302, 614 Necessary and Proper
Clause Constitutional clause that gives Congress the power to make all laws "necessary and proper" for executing its powers; see
implied powers, p. 305 New Jersey Plan Plan presented as an alternative to the Virginia Plan at the Constitutional Convention;
called for a unicameral legislature in which each State would be equally represented, p. 51 Nomination The process of candidate
selection in a democracy, p. 178
Nonpartisan election Elections in which candidates are not identified by party labels, p. 184
North American Free Trade Agreement An agreement which removed trade restrictions among the United States, Canada, and
Mexico, thus increasing cross-border trade, p. 642
Oath of office Oath taken by the President on the day he takes office, pledging to "faithfully execute" the office and "preserve,
protect, and defend" the Constitution, p. 393 Off-year election Congressional election that occurs between presidential election
years, pp. 164, 269 Oligarchy A form of government in which the power to rule is held by a small, usually self-appointed elite, p.
13 One-party system A political system in which only one party exists, p. 123
Open primary A party-nominating election in which any qualified voter can take part. p. 183
Opinion leader Any person who, for any reason, has an unusually strong influence on the views of others, p. 212 Ordinance
power Power of the President to issue executive orders; originates from the Constitution and acts of Congress, p. 394 Original
jurisdiction The power of a court to hear a case first, before any other court, p. 509
Oversight function Review by legislative committees of the policies and programs of the executive branch, p. 281
Glossary   147
Pardon Release from the punishment or legal consequences of a crime, by the President (in a federal case) or a governor (in a
State case), pp. 407, 699
Parliamentary government A form of government in which the executive branch is made up of the prime minister, or premier,
and that official's cabinet, p. 16
Parochial Church-related, as in a parochial school, p. 538 Parole The release of a prisoner short of the complete term of the
original sentence, p. 699
Partisan Lawmaker who owes his/her first allegiance to his/her political party and votes according to the party line. p. 281
Partisanship Government action based on firm allegiance to a political party, p. 117
Party caucus A closed meeting of a party's House or Senate members; also called a party conference, p. 324 Party identification
Loyalty of people to a political party, p. 171 Party in power In American politics, the party in power is the party that controls the
executive branch of government—i.e., the presidency at the national level, or the governorship at the State level, p. 118
Patent A license issued to an inventor granting the exclusive right to manufacture, use, or sell his or her invention for a limited
period of time. p. 303
Patronage The practice of giving jobs to supporters and friends, p. 438
Payroll tax A tax imposed on nearly all employers and their employees, and on self-employed persons—the amounts owed by
employees withheld from their paychecks, p. 450 Peer group People with whom one regularly associates, including friends,
classmates, neighbors, and co-workers, p. 212 Perestroika The restructuring of political and economic life under the rule of
Mikhail Gorbachev, p. 646 Perjury The act of lying under oath. p. 311 Persona non grata An unwelcome person; used to describe
recalled diplomatic officials, p. 401
Petition of Right Document prepared by Parliament and signed by King Charles I of England in 1628; challenged the idea of the
divine right of kings and declared that even the monarch was subject to the laws of the land. p. 30 Picketing Patrolling of a
business site by workers who are on strike, p. 551
Plaintiff In civil law, the party who brings a suit or some other legal action against another (the defendant) in court, p. 509
Platform A political party's formal statement of basic principles, stands on major issues, and objectives, p. 373 Pluralistic society
A society which consists of several distinct cultures and groups, p. 121
Plurality In an election, the number of votes that the leading candidate obtains over the next highest candidate, p. 120 Pocket
veto Type of veto a chief executive may use after a legislature has adjourned; when the chief executive does not sign or reject a
bill within the time allowed to do so; see veto. p. 346 Police power The authority of each State to act to protect and promote the
public health, safety, morals, and general welfare of its people, pp. 566, 691
Political Action Committee The political extension of special-interest groups which have a major stake in public policy, p. 197
Political asylum The provision of a safe haven for those persecuted, p. 478
Political efficacy One's own influence or effectiveness on politics, p. 166
Political party A group of persons who seek to control government through the winning of elections and the holding of public
office, p. 116
Political socialization The process by which people gain their political attitudes and opinions, p. 168
Politico Lawmaker who attempts to balance the basic elements of the trustee, delegate, and partisan roles; see trustee, delegate,
partisan, p. 281
Poll book List of all registered voters in each precinct, p. 155 Poll tax A special tax, demanded by States, as a condition of voting,
p. 157
Polling place The place where the voters who live in a certain precinct go to vote. p. 190
Popular sovereignty Basic principle of the American system of government which asserts that the people are the source of any
and all governmental power, and government can exist only with the consent of the governed, pp. 39, 685 Preamble
Introduction, p. 65
Precedent Court decision that stands as an example to be followed in future, similar cases, pp. 522, 703 Precinct The smallest
unit of election administration; a voting district, pp. 140, 190
Preclearance Mandated by the Voting Rights Act of 1965, the prior approval by the Justice Department of changes to or new
election laws by certain States, p. 162
Prefecture The 47 political subdivisions into which Japan is divided, p. 637
Preliminary hearing The first step in a major criminal prosecution where the judge decides if the evidence is enough to hold the
person for action by the grand jury or the prosecutor, p. 708
President of the Senate The presiding officer of a senate; in Congress, the Vice President of the United States; in a State's
legislature, either the lieutenant governor or a senator, p. 323 President pro tempore The member of the United States Senate, or
of the upper house of a State's legislature, chosen to preside in the absence of the president of the Senate, p. 323 Presidential
elector A person elected by the voters to represent them in making a formal selection of the Vice President and President, p. 365
Presidential government A form of government in which the executive and legislative branches of the government are separate,
independent, and coequal, p. 15
Presidential primary An election in which a party's voters (1) choose State party organization's delegates to their party's national
convention, and/or (2) express a preference for their party's presidential nomination, p. 369
Presidential succession Scheme by which a presidential vacancy is filled, p. 359
Presidential Succession Act of 1947 Law specifying the order of presidential succession following the Vice President, p. 360
Presiding officer Chair, p. 45
Preventive detention A law which allows federal judges to order that an accused felon be held, without bail, when there is good
reason to believe that he or she will commit yet another serious crime before trial, p. 586
Prior restraint The government cannot curb ideas before they are expressed, p. 549
Privatization The process of returning national enterprises to private ownership, p. 675
Privileges and Immunities Clause Constitution's stipulation (Article IV, Section 2) that all citizens are entitled to certain
"privileges and immunities," regardless of their State of residence; no State can draw unreasonable distinctions between its own
residents and those persons who happen to live in other States, p. 107
Probable Cause Reasonable grounds, a reasonable suspicion of crime, p. 571
Procedural due process The government must employ fair procedures and methods, p. 565
Process of incorporation The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th
Amendment's Due Process Clause, p. 535 Progressive tax A type of tax proportionate to income, pp. 449, 742
Project grant One type of federal grants-in-aid; made for specific projects to States, localities, and private agencies who apply for
them. p. 103 Proletariat The working class, p. 667
Propaganda A technique of persuasion aimed at influencing individual or group behaviors to create a particular belief,
regardless of its validity, p. 249
Property tax A tax levied on real and personal property, p. 742
149      Glossary
Proportional plan Proposal by which each presidential candidate would receive the same share of a State's electoral vote as he or
she received in the State's popular vote. p. 382 Proportional representation rule Rule applied in Democratic primaries whereby
any candidate who wins at least 15 percent of the votes gets the number of State Democratic convention delegates based on his
or her share of that primary vote. p. 371 Proprietary Organized by a proprietor (a person to whom the king had made a grant of
land), p. 32 Prorogue Adjourn, as in a legislative session, p. 265 Public affairs Those events and issues that concern the people at
large, e.g., politics, public issues, and the making of public policies, pp. 208, 239
Public agenda The public issues on which the people's attention is focused, p. 228
Public debt All of the money borrowed by the government and not yet repaid, plus the accrued interest on that money; also
called the national debt or federal debt. pp. 296, 455 Public-interest group An interest group that seeks to institute certain public
policies of benefit to all or most people in this country, whether or not they belong to or support that organization, p. 247
Public opinion The complex collection of the opinions of many different people; the sum of all their views, p. 209 Public
opinion poll Devices that attempt to collect information by asking people questions, p. 217
Public policy All of the goals a government sets and the various courses of action it pursues as it attempts to realize these goals,
pp. 4, 236
Purge The process of reviewing lists of registered voters and removing the names of those no longer eligible to vote; a purifi-
cation, pp. 155, 645
Quasi-judicial Having to do with powers that are to some extent judicial, p. 433
Quasi-iegislative Having to do with powers that are to some extent legislative, p. 433
Quorum Least number of members who must be present for a legislative body to conduct business; majority, pp. 58, 339 Quota
A rule requiring certain numbers of jobs or promotions for members of certain groups, p. 610
Quota sample A sample deliberately constructed to reflect several of the major characteristics of a given population, p. 219
Random sample A certain number of randomly selected people who live in a certain number of randomly selected places, p. 218
Ratification Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty, p. 44
Reapportion Redistribute, as in seats in a legislative body. p. 267 Recall A petition procedure by which voters may remove an
elected official from office before the completion of his or her regular term. p. 696
Recognition The exclusive power of a President to recognize (establish formal diplomatic relations with) foreign states, p. 400
Redress Satisfaction of a claim payment, p. 524 Referendum A process by which a legislative measure is referred to the State's
voters for final approval or rejection, p. 693 Refugee One who leaves his or her home to seek protection from war, persecution,
or some other danger, p. 597 Regional security alliances Treaties in which the U.S. and other countries involved have agreed to
take collective action to meet aggression in a particular part of the world, p. 492 Register A record or list of names, often kept by
an official appointed to do so. p. 439
Registration A procedure of voter identification intended to prevent fraudulent voting, p. 154
Regressive tax A tax levied at a flat rate, without regard to the level of a taxpayer's income or ability to pay them. pp. 451, 741
Repeal Recall, p. 37
Representative government System of government in which public policies are made by officials selected by the voters and held
accountable in periodic elections; see democracy, p. 29
Reprieve An official postponement of the execution of a sentence; see pardon, pp. 407, 699
Reservation Public land set aside by a government for use by Native American tribes, p. 596
Reserved powers Those powers that the Constitution does not grant to the National Government and does not, at the same time,
deny to the States, p. 92
Resolution A measure relating to the business of either house, or expressing an opinion; does not have the force of law and does
not require the President's signature, p. 335 Revenue sharing Form of federal monetary aid under which Congress gave a share
of federal tax revenue, with virtually no restrictions, to the States, cities, counties, and townships, p. 102
Reverse discrimination Discrimination against the majority group, p. 610
Right of association The right to associate with others to promote political, economic, and other social causes, p. 558 Right of
legation The right to send and receive diplomatic representatives, p. 470
Rider Unpopular provision added to an important bill certain to pass so that it will "ride" through the legislative process, p. 335
Rule of law Concept that holds that government and its officers are always subject to the law. p. 66
Runoff primary A primary in which the top two vote-getters in the first direct primary face one another, p. 184
Sales tax A tax placed on the sale of various commodities, paid by the purchaser, p. 741
Sample A representative slice of the public, p. 218 Search warrant A court order authorizing a search, p. 566 Secretary An official
in charge of a department of government, p. 424
Sectionalism A narrow-minded concern for, or devotion to, the interests of one section of a country, p. 129 Sedition The crime of
attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts, p. 547
Seditious speech The advocating, or urging, of an attempt to overthrow the government by force, or to disrupt its lawful
activities with violence, p. 547
Segregation The separation of one group from another, p. 602 Select committee Legislative committee created for a limited time
and for some specific purpose; also known as a special committee, p. 331 ^Senatorial courtesy Custom that the Senate will not
approve a presidential appointment opposed by a majority party senator from the State in which the appointee would serve, p.
81 Seniority rule Unwritten rule in both houses of Congress reserving the top posts in each chamber, particularly committee
chairmanships, for members with the longest records of service, p. 326
Separate-but-equal doctrine A constitutional basis for laws that separate one group from another on the basis of race. (Jim Crow
Laws.) p. 602
Separation of powers Basic principle of American system of
government, that the executive, legislative, and judicial powers
are divided among three independent and coequal branches of
government; see checks and balances, p. 66
Session Period of time during which, each year, Congress
assembles and conducts business, p. 264
Shadow cabinet Members of opposition parties who watch, or
shadow, particular Cabinet members, and would be ready to
run the government, p. 629
Shield law A law which gives reporters some protection against having to disclose their sources or reveal other confidential
information in legal proceedings, p. 550 Single-interest group Political action committees that concentrate their efforts
exclusively on one issue, p. 251 Single-issue parties Parties that concentrate on only one public policy matter, p. 132
Glossary   151
-\

Single-member district Electoral district from which one person is chosen by the voters for each elected office, pp. 120, 270
Slander False and malicious use of spoken words, p. 547 Socialism A philosophy based on the idea that the benefits of economic
activity should be fairly distributed, p. 666 Soft money Money given to State and local party organizations for voting-related
activities, p. 201
Sound bite Short, sharply focused reports that can be aired in 30 or 45 seconds, p. 229
Sovereign Having supreme power within its own territory; neither subordinate nor responsible to any other authority, p. 6
Soviets A government council, elected by and representing the people, p. 646
Speaker of the House The presiding officer of the House of Representatives, chosen by and from the majority party in the
House, p. 322
Special district An independent unit created to perform one or more related governmental functions at the local level, p. 722
Special session An extraordinary session of a legislative body, called to deal with an emergency situation, p. 265 Splinter parties
Parties that have split away from one of the major parties, p. 133
Split-ticket voting Voting for candidates of different parties for
different offices at the same election, pp. 141, 171
Spoils system The practice of giving offices and other favors of
government to political supporters and friends, p. 438
Staff agency An agency which supports the chief executive- and
other administrators by offering advice and other assistance in the
management of the organization, p. 418
Standing committee Permanent committee in a legislative body to which bills in a specified subject-matter area are referred; see
select committee, p. 329
State A body of people living in a defined territory who have a government with the power to make and enforce law without
the consent of any higher authority, p. 5 Statutory law A law passed by the legislature, p. 688 Straight-ticket voting The practice
of voting for candidates of only one party in an election, p. 171
Straw vote Polls that seek to read the public's mind simply by asking the same question of a large number of people, p. 217
Strict constructionist One who argues a narrow interpretation of the Constitution's provisions, in particular those granting
powers to the Federal Government, p. 291 Strong-mayor government A type of government in which the mayor heads the city's
administration, p. 727 Subcommittee Division of existing committee that is formed to address specific issues, p. 336
Subpoena An order for a person to appear and to produce documents or other requested materials, p. 313 Subsidy A grant of
money, usually from a government, p. 197 Substantive due process The government must create fair policies and laws. p. 565
Successor A person who inherits a title or office, p. 311
Suffrage The right to vote. p. 148
Surplus More income than spending, p. 455
Symbolic speech Expression by conduct; communicating ideas
through facial expressions, body language, or by carrying a
sign or wearing an arm band. p. 551
Tax A charge levied by government on persons or property to meet public needs, p. 295
Tax return A declaration of taxable income and of the exemptions and deductions claimed, p. 449
Term The specified length of time served by elected official in an office, p. 264
Three-Fifths Compromise An agreement at the Constitutional Convention to count a slave as three-fifths of a person when
determining the population of a State, p. 52 Totalitarian A government which exercises dictatorial (authoritarian) power over
nearly every aspect of human affairs, p. 14
Township A subdivision of a county, p. 718 Trade association Interest groups within the business community, p. 244
Transient Person living in a State for only a short time, without legal residence, p. 153
Treason Betrayal of one's country; in the Constitution, by levying war against the United States or offering comfort or aid to its
enemies, p. 588
Treaty A formal agreement between two or more sovereign states, pp. 80, 399
Trust A device by which several corporations in the same line of business combine to eliminate competition and regulate prices,
p. 661
Trustee Lawmaker who votes based on his or her conscience and judgment, not the views of his or her constituents, p. 281 Two-
party system A political system dominated by two major parties, p. 119
UN Security Council A fifteen-member panel which bears the UN's major responsibility for maintaining international peace, p.
496
Unconstitutional Contrary to constitutional provision and so illegal, null and void, of no force and effect, p. 69 Uncontrollable
spending Spending that Congress and the President have no power to change directly, p. 459 Unicameral An adjective
describing a legislative body with one chamber; see bicameral, p. 32
Unitary government A centralized government in which all government powers belong to a single, central agency, p. 14
Urbanization The percentage of the population of a State living in cities of more than 250,000 people or in suburbs of cities with
more than 50,000. p. 737
Veto Chief executive's power to reject a bill passed by a legislature; literally (Latin) "I forbid"; see pocket veto. pp. 67, 346
Virginia Plan Plan presented by delegates from Virginia at the Constitutional Convention; called for a three-branch government
with a bicameral legislature in which each State's membership would be determined by its population or its financial support
for the central government, p. 51
Ward A unit into which cities are often divided for the election of city council members, p. 140
Warrant A court order authorizing, or making legal, some official action, such as a search warrant or an arrest warrant, p. 708
Weak-mayor government A type of government in which the mayor shares his or her executive duties with other elected offi-
cials, p. 727
Welfare Cash assistance to the poor. p. 735
Welfare state Countries that provide extensive social services at
little or no cost to the users, p. 668
Whips Assistants to the floor leaders in the House and Senate, responsible for monitoring and marshalling votes, p. 325 Winner-
take-all An almost obsolete system whereby a presidential aspirant who won the preference vote in a primary automatically
won all the delegates chosen in the primary, p. 371
Writ of assistance Blanket search warrant with which British custom officials had invaded private homes to search for smuggled
goods, p. 571
Writ of certiorari An order by a higher court directing a lower court to send up the record in a given case for review; from the
Latin meaning "to be more certain." p. 520 Writ of habeas corpus A court order which prevents unjust arrests and
imprisonments, p. 576
Zoning The practice of dividing a city into a number of districts and regulating the uses to which property in each of them may
be put. p. 730
153      Glossary
Spanish Glossary
Number(s) after each definition refer to page(s) where the term is defined.
Absentee voting/Voto en Ausencia Medidas para que voten, en el dia de la election, aquellas personas que no puedan hacerlo en
su lugar habitual de votacion. Pag. 189 Acquit/Absolver Determinar que no se es culpable de un delito. Pag. 311
Act of admission/Decreto de Admision Una ley del Congreso mediante la cual se admite a un nuevo estado dentro de la Union.
Pag. 100
Adjourn/Aplazamiento Suspender, por ejemplo, una sesion del Congreso. Pag. 264
Administration/Administration Los funcionarios de la rama ejecutiva de un gobierno, asi como sus politicas y sus directores.
Pag. 416
Affirmative action/Action afirmativa Una politica que exige que la mayoria de los empleados lleve a cabo ciertas acciones para
remediar los efectos de discriminaciones pasadas. Pag. 609 Albany Plan of Union/Plan de Union Albany Proyecto prop-uesto por
Benjamin Franklin en 1754 cuyo objetivo era unir a las 13 colonias respecto a asuntos comerciales, militares, asi como para otros
propositos; las colonias y la Corona rechazaron el plan. Pags. 35-36
Alien/Extranjero residente Nacido en otro pais, o persona que no es ciudadano. Pags. 534, 614 •
Ambassador/Embajador Delegado oficial designado por el Presidente para que represente a la nation en asuntos diplomaticos.
Pag. 471
Amendment/Enmienda Cambib o adicion a la Constitution o a las leyes. Pag. 72
Amnesty/Amnistia Per don general que se brinda a un, grupo de violadores de la ley. Pag. 408
Anti-Federalists/Anti-federalistas Aquellas personas que se opusieron a la ratification de la Constitution en 1787-1788. Pag. 56
Appellate jurisdiction/Tribunal de apelacion Autoridad de una corte para revisar decisiones de cortes inferiores; ver original
jurisdiction/jurisdiction original. Pags. 509, 709 Apportion/Prorrateo Distribuir, como los escaiios de un cuerpo legislative Pag.
267 -' .
Appropriate/Asignar Destinar a un uso particular. Pag. 305 Articles/Articulos Secciones numeradas de un documento. La
Constitution, sin enmiendas, esta dividida en siete articulos. Pag. 65
Articles of Confederation/Articulos de la Confederation Plan de gobierno adoptado por el Congreso Continental, despues de la
Independencia de los Estados Unidos; se enunciaron como "un vinculo firme de amistad" entre los estados; no obstante,
delegaron unos cuantos poderes importantes al gobierno central. Pag. 44
Assemble/Congregar Reunirse con otras personas para expresar puntos de vista sobre asuntos publicos. Pag. 555
Assessment/Valuation Proceso para determinar el valor de una propiedad que sera gravada. Pag. 742
Assimilation/Asimilacion Proceso mediante el cual las personas de una cultura se fusionan con otra y se convierten en parte de
ella. Pag. 597
At-large election/Election general Election de un funcionario publico por los votantes de una unidad gubernamental com-pleta
(por ejemplo, un estado o pais), en vez de por los votantes de un distrito o subdivision. Pag. 270
Attorney General/Procurador general El titular del Departamento de Justicia. Pag. 424
Authoritarian/Autoritario Forma de gobierno en donde aquellos que ejercen el poder imponen un poder absolute e inapelable
sobre el pueblo. Todas las dictaduras son autoritarias. Pag. 13 Autocracy/Autocracia Forma de gobierno en la que una sola
persona ejerce un poder politico ilimitado. Pag. 13 1 Autonomous/Autonomo Independiente. Pag. 652
Bail/Fianza Suma de dinero que se exige que el acusado desem-bolse (es decir, que deposite en la corte) como garantia de que se
presentara en dicha corte en el momento apropiado. Pag. 585 Balance the ticket/Designar al companero de formula Cuando un
candidato presidential elige al candidato a la vicepresiden-cia que reforzara sus oportunidades de ser triunfador, gracias a las
caracteristicas ideologicas, geograficas, raciales, etnicas, de genero, o debido a otras virtudes. Pag. 362 Ballot/Papeleta electoral
Medio que los votantes utilizan para senalar su preferencia en una election. Pag. 190 Bankruptcy/Bancarrota Procedimiento
mediante el cual los bienes de una persona declarada en bancarrota se distribuyen entre las personas con las que tiene deudas.
Pag. 300 Bench trial/Juicio ante judicatura Proceso en dbnde solo el juez escucha el caso. Pags. 580, 705
Bicameral/Bicameral Adjetivo que describe un cuerpo legislative compuesto por dos camaras. Pag. 31
Bill/Proyecto de ley Ley propuesta que se presenta a un cuerpo legislative para su consideration. Pag. 334 Bill of
Attainder/Escrito de proscription y confiscation Acto legislativo que inflige un castigo sin que haya un juicio ante jurado de por
medio. Pag. 577
Bill of Rights/Declaration de derechos Las primeras diez enmiendas a la Constitution. Pags. 76, 532 Bipartisan/Bipartidista
Apoyado por dos parados. Pags. 120,440 Blanket primary/Elecciones primarias generates Proceso de election en el que los
votantes reciben una papeleta electoral grande que contiene los nombres de todos los contendientes, sin importar el partido, y
en el cual pueden elegir como lo deseen. Pag. 183
Block grant/Subsidio en conjunto Tipo de subsidio publico federal; proporcionado para aiguna area particular pero ampli-
amente definida; ver grants-in-aid program/prOgrama de subvention de fondos publicos. Pag. 103
Bourgeoisie/Burguesia Clase social ubicada entre la aristocracia y la clase media; la clase trabajadora. Pag. 667 Boycott/Boicot
Rechazo a vender o a comprar determinados productos o servicios. Pag. 36
Budget/Presupuesto Plan financiero para la utilization del dinero, el personal y la propiedad. Pag. 744
Bureaucracy/Burocracia Estructura administrativa grande y compleja que gobierna los negocios cotidianos de una organization.
Pag. 414
Bureaucrat/Burocrata Persona que trabaja en una organization burocratica; ver bureaucracy/burocracia. Pag. 415 By-
election/Eleccion suplementaria Election especial llevada a cabo para sustituir a un miembro del Parlamento, en caso de muerte.
Pag. 628
Cabinet/Gabinete Cuerpo consultivo del Presidente que tradi-cionalmente esta compuesto por los titulares de los departa-
mentos ejecutivos y otros funcionarios. Pag. 81 Capital/Capital Todos los recursos hechos por el hombre que se utilizan para
producir bienes y servicios. Pag. 659
Spanish Glossary   155
Capitalist/Capitalista Persona que posee capital y le da un uso productivo; termino que en la mayor parte de los casos se apli-ca
a las personas que poseen grandes negocios o fabricas. Pag. 659 Capital punishment/Pena capital La pena de muerte. Pag. 587
Categorical grant/Subsidio categorico Tipo de subsidio publico; proporcionado para algun proposito especifico y rigurosa-
mente^ definido; ver grants-in-aid program/programa de subvention de fondos publicos. Pag. 102
Caucus/Junta de dirigentes En funcion de instrumento nomi-nativo, grupo de personas con ideologia similar que se reune para
seleccionar a los candidatos que apoyaran en una election venidera. Pag. 180
Censure/Censurar Emitir una condena formal. Pag. 312 Centrally planned economy/Economia centralmente planificada
Sistema en el que burocratas gubernamentales planean la forma en que la economia se desarrollara durante determina-dos afios.
Pag. 669
Certificate/Certification Metodo de remitir un caso a la Corte Suprema; se utiliza cuando una corte inferior no esta segura de que
procedimiento o regla debera aplicar en un caso y consul-ta a la Corte Suprema para que certifique una respuesta a una pregunta
especifica. Pag. 521
Charter/Carta constitutional Ley basica de una ciudad, su constitution; concesion escrita de autoridad por parte del rey. Pags. 31,
726
Checks and balances/Sistema de pesos y contrapesos Mecanismo en el que se traslapan los poderes de las ramas legislativas,
ejec-utivas y judiciales para permitir que cada rama verifique las acciones de las otras dos; ver separation of powers/separacion
de poderes. Pag. 67
Chief administrator/Administrador en jefe Nombre que se da al Presidente en cuanto a que es el jefe de la administration del
gobierno federal. Pag. 355
Chief citizen/Primer ciudadano Nombre que se da al Presidente, en cuanto a que es representante del pueblo y trabaja para el
interes publico. Pag. 355
Chief diplomat/Diplomatico titular Nombre que se da al Presidente en cuanto a que es el arquitecto principal de la politica
exterior y el vocero ante otros paises. Pag. 355 Chief executive/Primer mandatario Nombre que se da al Presidente, en cuanto a
que esta investido con el poder ejecuti-vo de los Estados Unidos. Pag. 354
Chief legislator/Legislador en jefe Nombre que se da al Presidente en cuanto a que es arquitecto de la politica publica y uno de
los que determina la agenda del Congreso. Pag. 355 Chief of party/Jefe del partido Nombre que se da al Presidente en cuanto a
que es lider de su partido politico. Pag. 355 Chief of state/Jefe de estado Nombre que se da al Presidente en cuanto a que es
titular ceremonial de los Estados Unidos, el simbolo de toda la gente de la nation. Pag. 354 Citizen/Ciudadano Miembro de un
estado o nation a la cual le debe lealtad por nacimiento o naturalization y al que se le acreditan todos los derechos civiles. Pag.
613 Civil case/Caso civil Caso que involucra un asunto no criminal, como un litigio por contrato, o una demanda por violation de
patentes. Pag. 513
Civil law/Ley civil Area de la ley que se relaciona con la conducts humana, con litigios entre partes privadas, asi como entre
partes privadas y el gobierno, la cual no abarca la ley penal. Pag. 704
Civil liberties/Libertades civiles Garantias concernientes a la seguridad, opiniones y propiedad de las personas en contra de
actos arbitrarios del gobierno; tambien incluyen la libertad de expresion y de religion. Pag. 533
Civil rights/Derechos civiles Termino utilizado para aquellos actos positivos del gobierno que pretenden hacer realidad las
garantias constitucionales para todo el pueblo, por ejemplo la prohibition de la discrimination. Pag. 533
Civil service/Servicio Civil Grupo de empleados publicos desempefian el trabajo administrativo del gobierno. Pag. 437 Civilian
tribunal/Tribunal civil Corte que funciona como parte de la rama judicial, el cual esta separado por completo de la institution
militar. Pag. 525
Clemency/Indulgencia Misericordia o piedad que dispensa el Presidente a un delincuente; ver pardon/perdon y reprieve/sus-
pension de la ejecucion. Pags. 407, 699
Closed primary/Election primaria cerrada Election para una nomination partidista en la que solo los miembros declarados del
partido pueden votar. Pag. 182
Cloture/Limitacion del debate Procedimiento que puede uti-lizarse para restringir o terminar un debate verbal de un cuerpo
legislative Pag. 344
Coalition/Coalition Una alianza temporal de varios grupos que se agrupan para alcanzar el poder mayoritario y controlar el gob-
ierno. Pags. 122, 628
Coattail effect/Efecto de refilon Efecto que produce un fuerte candidato a un puesto de election, situado en primer sitio,
mediante el cual ayuda a atraer votantes hacia otros candidatos de su mismo partido. Pag. 190
Cold war/Guerra Fria Periodo de mas de 40 afios de duration en el que las relaciones entre las dos superpotencias fueron por lo
menos tensas, y a menudo hostiles. Epoca de amenazas y de desarrollo militar. Pag. 485
Collective security/Seguridad colectiva Conservation de la paz y el orden internacionales. Pag. 485
Collectivization/Colectivizacion Hacer colectivos o propiedad del estado los medios de production. Pag. 674 Commander in
chief/Comandante en jefe Nombre que se da al Presidente en cuanto a que es el comandante de las fuerzas armadas de la nation.
Pag. 355
Commerce and Slave Trade Compromise/Avenencia de comercio y trata de esclavos Acuerdo durante la Convention
Constitucional que protegio los intereses de los duefios de esclavos, al negarle al Congreso el poder de gravar la exportation de
bienes desde cualquier estado, asi como el poder de actuar, durante 20 afios, en contra de la trata de esclavos. Pag. 53
Commerce power/Poder mercantil Poder e^lusivo del Congreso para regular el comercio interestatal e international. Pag. 297
Commission government/Junta municipal Gobierno forma-do por comisionados, titulares de distintos departamentos del
gobierno de la ciudad, que se eligen por voto popular para formar el Consejo de la ciudad y, por consiguiente, reu-nen los
poderes legislatives y ejecutivos en un solo cuerpo. Pag. 728
Committee chairman/Presidente de comision Miembro que encabeza una comision permanente en un cuerpo legislative Pag.
325
Committee of the Whole/Comite Plenario Comite que consiste en la totalidad de un cuerpo legislative; utilizado para un pro-
cedimiento mediante el cual un cuerpo legislativo da curso a sus asuntos transformandose en un comite en si. Pag. 339 Common
law/Derecho consuetudinario Ley no escrita san-cionada por un juez y que se ha desarrollado a lo largo de los siglos con base a
aquellas ideas generalmente aceptadas de lo bueno y lo malo que se han ganado un reconocimiento judicial. Pag. 702
Commune/Comuna Un grupo grande de diversas granjas colectivas. Pag. 675
Communism/Comunismo Ideologia que exige la propiedad colectiva, o estatal, de la tierra y de otros medios de production. Pag.
672
Commutation/Conmutacion El poder de reducir (conmutar) la duration de una sentencia o el monto de la multa de un crimen.
Pags. 408, 699
157      Spanish Glossary
Compromise/Compromise- Avenencia entre principios o sis-temas opuestos, mediante la modification de algun aspecto de cada
uno de ellos. Pag. 20
Concurrent jurisdiction/Jurisdiction coincidente Poder com-partido por cortes federates y estatales para atender ciertos casos.
Pag. 508
Concurrent powers/Poderes concurrentes Aquellos poderes que el gobierno national y los estados poseen y ejercen. Pag. 93
Concurrent resolution/Resolution conjunta Enunciado de una position sobre un asunto utilizado por la Camara de
Representantes y el Senado al actuar conjuntamente; no tiene la fuerza de la ley y no requiere la firma del Presidente. Pag. 335
Concurring opinion/Opinion coincidente Explication escrita de los puntos de vista de uno o mas jueces que apoyan una
decision alcanzada por una mayoria de la corte, pero en la que se desea anadir o recalcar un punto que no se remarco en la
decision mayoritaria. Pag. 522
Confederation/Confederation Union de diversos grupos para un proposito comun. Pags. 15, 35
Conference committee/Comite de Consulta Comite conjunto temporal creado para reconciliar cualquier diferencia entre las
versiones de las dos camaras legislativas sobre una propuesta de ley. Pag. 333
Connecticut Compromise/Acuerdo de Connecticut Acuerdo alcanzado durante la Convention Constitutional respecto a que el
Congreso deberia estar integrado por un Senado en donde cada estado estuviera representado de manera iguali-taria, y una
Camara de Representantes en la que la representation estuviera basada en la poblacion de cada estado. Pag. 52
Consensus/Consenso Acuerdo general entre diversos grupos respecto a temas fundamentales; amplio acuerdo sobre temas
varios. Pags. 121, 292, 636
Constituency/Distrito electoral Las personas e intereses que un funcionario elegido representa. Pag. 277 Constituent
power/Poder constituyente Poder no legislativo de la elaboration de la Constitution y del proceso de enmiendas
constitucionales. Pag. 692
Constitution/Constitution Cuerpo de leyes fundamentales que delinean los principios, las estructuras y los procesos de gob-
ierno. Pag. 5
Constitutionalism/Constitucionalismo Principio basico que establece que el gobierno y los gobernantes deben obedecer la ley;
el gobierno de la ley; ver limited government/gobierno lim-itado. Pag. 65
Containment/Contention Politica basada en la creencia de que si el comunismo se pudiera limitar dentro de sus fronteras exis-
tentes, se derrumbaria bajo el peso de sus debilidades internas. Pag. 486
Content neutral/Voto neutral El gobierno no regulara a las asambleas en lo concerniente a lo que se expresara en ellas. Pag. 556
Continuing resolution/Resolution ininterrumpida Medida que permite que las agencies continuen funcionando sobre la base de
las asignaciones del afio anterior. Pag. 462 Continuous body/Cuerpo legislativo ininterrumpido Unidad gubernamental (por
ejemplo, el Senado de Estados Unidos) cuya totalidad de escafios nunca se elige al mismo tiempo. Pag. 277
Controllable spending/Gasto controlable Cantidad de dinero decidida entre el Congreso y el Presidente y que seiiala el monto
anual de muchos gastos gubernamentales individuales, como programas para protection del ambiente, ayuda a la education,
etcetera. Pag. 459
Copyright/Derechos de autor Derechos legales y exclusivos de una persona para reproducir, publicar y vender su trabajo
creativo literario, artistico, o musical. Pag. 302
Council-manager government/Gobierno de consejo-superintendente Una modification del gobierno de consejo-alcalde, que
consiste en un vigoroso consejo de miembros elegido mediante un sufragio no partidista; un alcalde debil, elegido por el pueblo
y un superintendente nombrado por el consejo; ver mayor-council government/gobierno de consejo-alcalde; ver tambien weak-
mayor government/gobierno de alcalde debil. Pag. 728
County/Condado Una unidad importante de gobierno local en la gran parte de los estados. Pag. 718
Court-martial/Corte martial Corte compuesta por personal militar para juzgar a los que estan acusados de violar la ley militar.
Pag. 525
Criminal case/Caso criminal Caso en el que se juzga al acusa-do por cometer un crimen, tal y como este se define en la ley. Pag.
513
Criminal law/Derecho penal Area de la ley que define los agravios publicos y que establece su castigo. Pag. 704 Cultural
Revolution/Revolution cultural Al comenzarse en 1966, los guardias rojos de Mao Tse Tung atacaron e intimi-daron a los
maestros, intelectuales y a cualquier otra persona que fuera sospechosa de carecer de fervor revolucionario e ini-ciaron un
proceso para "reeducarlos". Pag. 650 Customs Duty/Derecho de aduana Impuesto gravado sobre los bienes traidos a los Estados
Unidos desde el exterior, tambien se conoce como arancel, impuesto sobre importaciones o tasa sobre importaciones. Pag. 451
De facto segregation/Discrimination de facto o de hecho
Segregation, incluso si la ley no lo exige, por ejemplo en la asi-gnacion de vivienda. Pag. 604
De jure segregation/Discrimination de jure o de ley Segregation con base en la ley, que implica una sancion legal. Pag. 604
Defendant/Acusado En un juicio civil, es la persona en contra de quien el demandante pide ejecutar una action judicial; en un
caso criminal, es la persona acusada de un crimen. Pag. 509 Deficit/Deficit La diferencia anual entre los ingresos y los egresos.
Pag. 455
Deficit financing/Deficit financiero Practica de subvencionar al gobierno mediante prestamos, a fin de compensar la diferencia
entre los gastos y los ingresos gubernamentales. Pag. 296 Delegate/Delegado Representante; legislador que se concibe a si
mismo como el agente de aquellas personas que lo eligieron y consecuentemente votaron por el, independientemente de sus
opiniones personales. Pags. 36, 281
Delegated powers/Poderes delegados Poderes explicitos, implicitos o inherentes que la Constitution transfiere al gobierno
nacional. Pag. 89
Democracy/Democracia Forma de gobierno en donde la autoridad suprema reside en el pueblo. Pags. 5, 54
Denaturalization/Desnaturalization Proceso en el que los ciu-dadanos naturalizados pueden perder su ciudadania de manera
involuntaria. Pag. 615
Deportation/Deportation Proceso legal mediante el que se les exige a los extranjeros que abandonen los Estados Unidos. Pag.
617
Detente/Relajamiento Disminucion de las tensiones. Pag. 488 Deterrence/Disuasion Politica de convertir a los Estados Unidos y
sus aliados en una fuerza militar tan poderosa que su fortaleza desaliente, o prevenga, cualquier ataque. Pag. 485
Devolution/Delegation Transferencia de la autoridad del gobierno central a los gobiernos regionales. Pag. 631
Dictatorship/Dictadura Forma de gobierno en la que el lider ejerce poder y autoridad absolutos. Pag. 5 Diplomatic
immunity/Inmunidad diplomatica Cuando un embajador no esta sujeto a las leyes del estado en el que se le acredita como tal.
Pag. 471
Spanish Glossary   159
Direct popular election/Election popular directa Propuesta para abolir el colegio electoral y permitir que la gente elija de manera
directa al Presidente y al Vicepresidente. Pag. 383 Direct primary/Election primaria directa Election realizada dentro de un
partido para escoger a los candidatos del partido para una election general. Pag. 182
Direct tax/Impuesto directo Gravamen que debe pagar la persona a la que se le impone; ver indirect tax/impuesto indirecto. Pag.
296
Discharge petition/Petition de exoneration Procedimiento que permite a los miembros autorizar una propuesta de ley que se ha
estancado en una comision de debate para su consideration. Pag. 336
Discrimination/Discrimination Prejuicio, injusticia. Pag. 570 Dissenting opinion/Opinion disidente Explication escrita de los
puntos de vista de uno o mas jueces, que esta(n) en desacuerdo con una decision tomada por la mayoria de la corte; ver majority
opinion/opinion mayoritaria. Pag. 522 Dissolution/Disolucion Poder del Primer Ministro para dis-olver la Camara de
Representantes. Pag. 636 District Plan/Plan de Distrito Propuesta para elegir a los elec-tores presidenciales, mediante la cual se
seleccionarian dos elec-tores en cada estado, de acuerdo con el voto popular de todo ese estado, y los otros electores se elegirian
de manera separada en cada uno de los distritos del Congreso de ese estado. Pag. 382 Division of powers/Division de poderes
Principio basico del federalismo; las estipulaciones constitucionales que establecen que los poderes gubernamentales estan
separados de acuerdo con bases geograficas (en los Estados Unidos, se dividen entre el gobierno national y los estados). Pags. 14,
89 Docket/Agenda Lista de casos de una corte por atender. Pag. 513 Doctrine/Doctrina Principio de politica fundamental. Pag.
308 Domestic affairs/Asuntos internos Todas cuestiones no conec-tadas al campo de los asuntos exteriores. Pags. 422, 468 Double
jeopardy/Doble juitio Parte de la 5a enmienda que establece que no se puede poner en riesgo la vida de una persona o su
integridad fisica dos veces. Una vez que se ha juzga-do por un crimen a una persona, no puede volversele a juzgar por el mismo
delito. Pag. 578
Draft/Reclutamiento Conscription o servicio militar obligatorio. Pag. 479
Due process/Proceso legal establecido El gobierno debe actuar con justicia y de acuerdo con las reglas establecidas en todo lo
que hace. Pag. 564
Due Process Clause/Clausula del proceso legal establecido
Parte de la 14a enmienda que garantiza que ningun estado negara los derechos basicos a su pueblo. Pag. 535
Economic protest parties/Partidos de protesta economica
Partidos surgidos en tiempos de descontento economico, los cuales carecen de una base ideologica bien definida, estan
insatisfechos por las condiciones presentes y exigen mejores epocas. Pag. 133
Electoral college/Colegio electoral Grupo de personas (electores presidenciales) elegidos cada cuatro afios en todos los estados y
en el Distrito de Columbia a fin de hacer una election formal del Presidente y Vicepresidente. Pags. 81, 366 Electoral votes/Votos
electorales Votos emitidos por los electores en el Colegio electoral. Pag. 365
Electorate/Electorado Todas las personas que tienen derecho a votar en una election determinada. Pags. 129, 148, 383 Eminent
domain/Dominio supremo Poder de un gobierno de expropiar la propiedad privada para uso publico. Pag. 304 Enabling act/Ley
de habilitacion Una ley del Congreso que ori-enta al pueblo de un territorio de los Estados Unidos para que redacte una
constitution propuesta para el estado, como un paso hacia la admision de dicho estado dentro de la Union. Pag. 99
English Bill of Rights/Declaration inglesa de los derechos
Documento redactado por el Parlamento y aceptado por William y Mary de Inglaterra en 1689, elaborado para evitar el abuso del
poder por parte de los monarcas ingleses; constituye la base de muchas cosas del gobierno y la politica esta-dounidenses
actuales. Pag. 30
Engross/Transcribir Imprimir un proyecto de ley en su forma final. Pag. 340
Entitlement/Derecho Beneficio que la ley federal establece que se debe pagar a todos los que cumplan los requisitos para ser
elegibles, por ejemplo: el seguro medico, bonos de comida y pension para los veteranos. Pag. 458, 735 Entrepreneur/Empresario
Individuo con el impulso y la ambition de combinar los recursos de la tierra, la mano de obra y el capital para producir bienes u
ofrecer servicios. Pag. 659
Espionage/Espionaje Acto de espiar. Pag. 477
Establishment Clause/Clausula del establecimientb Separa a la
iglesia del estado. Pag. 537
Estate tax/Impuesto testamentario Gravamen sobre los bienes de una persona que muere. Pags. 451, 742 Ex post facto law/Ley ex
post facto Ley que se aplica a un acto cometido con anterioridad a la aprobacion de la ley. Pag. 577
Excise tax/Impuesto al consumo Gravamen sobre la manufac-tura, venta o consumo de bienes y/o al suministro de servicios. Pag.
451
Exclusionary rule/Regla de exclusion Evidencia obtenida como resultado de una action ilegal de la policia y que no puede uti-
lizarse contra la persona arrestada. Pag. 573 Exclusive jurisdiction/Jurisdiction exclusiva Poder exclusivo de las cortes federales
para atender ciertos casos. Pag. 508 Exclusive powers/Poderes exclusivos Poderes que pueden ejercerse solo por el gobierno
national. Pag. 93 Executive agreement/Acuerdo ejecutivo Pacto hecho de manera directa por el Presidente con otro jefe de un
estado extranjero; un pacto international obligatorio con la fuerza de la ley pero que no requiere (a diferencia de un tratado) de
la aprobacion del Senado. Pags. 80, 400
Executive Article/Articulo del ejecutivo El segund|p articulo de la Constitution. Define la presidencia y le otorga ^1 poder ejec-
utivo del gobierno federal al Presidente. Pag. 390 Executive departments/Oficinas del poder ejecutivo A menudo llamadas
oficinas del gabinete; son las unidades tradicionales de la administration federal. Pag. 424
Executive Office of the President/Oficina ejecutiva del Presidente Una organization compleja, que abarca diversas oficinas
separadas, cuyo personal esta compuesto por los con-sejeros y asistentes mas cercanos al Presidente. Pag. 419 Executive
order/Orden ejecutiva Directiva, regla o reglamento expedida por un primer mandatario o por sus subordinados, con base en su
autoridad estatutaria o constitutional y la cual tiene fuerza de ley. Pag. 394
Executive power/Poder ejecutivo Poder para ejecutar, adminis-trar y obligar al cumplimiento de la ley. Pag. 4
Expatriation/Expatriation Proceso legal mediante el cual ocurre la perdida de ciudadania. Pag. 614 Expressed powers/Poderes
explicitos Aquellos poderes delegados del gobierno national que se seiialan explicitamente en la Constitution; tambien se
conocen como los "poderes ennu-merados." Pags. 89, 290
Extradition/Extradition Proceso legal a traves del cual un fugi-tivo de la justicia en un estado se envia a ese estado. Pag. 107
Faction/Faction Un grupo disidente. Pag. 127
Factors of production/Factores de production Recursos basicos
que se utilizan para elaborar todos los bienes y servicios. Pag. 658
161      Spanish Glossary
Federal budget/Presupuesto federal Documento financiero detallado que contienen las estimaciones de las recaudaciones y
gastos que anticipan los ingresos y egresos federales durante el afio fiscal venidero. Pag. 421
Federal government/Gobierno federal Forma de gobierno en la que los poderes estan divididos entre un gobierno central y
diversos gobiernos locales. Pag. 14
Federalism/Federalismo Sistema de gobierno en el que una constitution escrita divide los poderes del gobierno, sobre una base
territorial, entre un gobierno central (o national) y diversos gobiernos regionales. Pags. 70, 88
Federalists/Federalistas Personas que apoyaron la ratification de la Constitution en 1787-1788. Pag. 56
Felony/Felonia Un crimen grave que puede castigarse con una gran multa, la prision o incluso la muerte. Pag. 704
Filibuster/Obstruction Diversas tacticas (por lo general, pro-longar el debate verbal) dirigidas a derrotar una propuesta de ley en
un cuerpo legislativo, evitando asi que se tenga un voto final; a menudo se asocia con el Senado de los Estados Unidos; ver
cloture/limitacion del debate. Pag. 343 Fiscal year/Ano fiscal Periodo de 12 meses utilizado por el gobierno y el mundo de los
negocios para su contabilidad, pre-supuesto, recaudacion de ingresos y otros propositos financieros. Pag. 421
Five-year plan/Plan quinquenal Plan que hace proyecciones sobre el desarrollo economico durante los siguientes cinco afios.
Pag. 673
Floor leaders/Lideres de fracciones partidistas Miembros de la Camara de Representantes y del Senado elegidos por sus par-
tidos con el objeto de llevar a cabo las decisiones partidistas e impulsar la action legislativa a fin de que cumplan con los
propositos partidistas. Pag. 324
Foreign Affairs/Asuntos exteriores Relaciones de una nation con otros paises. Pag. 468
Foreign aid/Ayuda extranjera Auxilio militar y economico a otros paises. Pag. 491
Foreign policy/Politica exterior Conjunto de politicas confor-mado por todas las posturas y acciones que una nation asume en
cada uno de los aspectos de sus relaciones con otros paises; todo lo que el gobierno de una nation expresa y hace respecto a los
asuntos mundiales. Pag. 469
Formal amendment/Enmienda formal Cambio o adicion que se convierte en parte del lenguaje escrito de la Constitution misma,
mediante uno de los cuatro metodos enunciados de la Constitution. Pag. 73
Framers/Redactores Grupo de delegados que esbozaron la Constitution de los Estados Unidos en la Convention de Filadelfia en
1787. Pag. 48 Franchise/Sufragio Derecho a votar. Pag. 148 Franking privilege/Exencion de franquicia Beneficio otorgado a los
miembros del Congreso que les permite enviar por correo cartas y otros materiales sin pagar los derechos del correo. Pag. 283
Free enterprise system/Sistema de libre empresa Sistema economico caracterizado por la propiedad privada o corporativa de los
bienes de capital; inversiones que estan determinadas por una decision privada, en vez del control estatal, y estan sujetas a un
mercado libre. Pags. 20, 659
Free Exercise Clause/Clausula de la libertad de cultos Segunda parte de la garantia constitutional de libertad religiosa, que
garantiza a todo mundo el derecho de creer en lo que ella esco-ja en materia de religion. Pag. 542
Full Faith and Credit Clause/Clausula de fe y credito cabal
Requisite constitutional (Articulo IV, Section 1) segun el cual cada estado acepta (da "fe y credito cabal") los actos publicos,
documentos y procedimientos judiciales de cualquier otro estado. Pag. 106
Fundamental law/Ley fundamental Leyes de importancia primordial y duradera que no se cambiaran con facilidad. Pag. 686
Gender gap/Brecha de genero Diferencias medibles entre las elecciones partidistas actuates de hombres y mujeres. Pag. 169
General election/Election general Election programada regu-larmente en la que los votantes hacen una selection final de los
funcionarios publicos. Pag. 179
Gerrymandering/Demarcation arbitraria Establecimiento de los limites de los distritos electorales de modo que den ventaja a un
partido. Pags. 159, 271
Gift tax/Impuesto a los regalos Gravamen sobre los regalos dados por una persona viva. Pag. 451
Glasnost/Glasnost Politica de apertura bajo la cual el gobierno ruso incremento su tolerantia a la disension y a la libertad de
expresion. Pag. 646
Gosplan/Gosplan Importante oficina de la Union Sovietica, creada por Stalin, para llevar a cabo la planificacion central-izada.
Pag. 674
Government/Gobierno Institution mediante la cual una sociedad Ueva a cabo y hace cumplir sus politicas publicas. Esta
compuesto por aquellas personas que ejercen sus poderes, aquellos que tienen autoridad y control sobre el pueblo. Pag. 4
Government corporation/Corporation gubernamental Instituciones dentro de la rama ejecutiva que estan sujetas a la direction y
control del Presidente, formadas por el Congreso para que realicen determinadas actividades de tipo empresarial. Pag, 434
Grand jury/Gran Jurado El dispositivo formal a traves del cual puede acusarse a una persona de un crimen serio. Pag. 577
Grants-in-aid program/Programa de subvention de fondos publicos Subvenciones de dinero federal o de otros recursos para los
estados y/o sus ciudades, condados y otras unidades locales. Pag. 101
Grass roots/Fundamentos De extraction popular, los votantes promedio. Pag. 253
Great Leap Forward/Gran salto hacia adelante Plan quinquenal de 1958 que fue un intento de modernizar rapidamente a China.
Pag. 675
Hard money/Fondos hscalizados Dinero de campana que esta sujeto a las regulaciones de la FEC. Pag. 202
Heterogeneous/Hetereogeneo De diferente raza, familia o especie; compuesto por una mezcla de elementos. Pag. 594
Ideological parties/Partidos ideologicos Partidos basados en un conjunto determinado de creencias, un punto de vista compre-
hensive sobre asuntos sociales, economicos y politicos. Pag. 132 Immigrant/Inmigrante Persona que es admitida legalmente en
calidad de residente permanente de un pais. Pag. 594 Impeach/Impugnar Fincar cargos formales en contra de un funcionario
publico; la Camara de Representantes tienen el exclusivo poder de impugnar a los funcionarios publicos de los Estados Unidos.
Pag. 311
Imperial presidency/Presidencia imperial Termino Utilizado para describir a un Presidente como "emperador", quien actiia sin
consultar al Congreso o de manera secreta para evadir o engaiiarlo. Pag. 392
Implied powers/Poderes implicitos Aquellos poderes delegados del gobierno nacional que se sugieren o estan implicitos por los
poderes explicitos; aquellos que son "necesarios y apropiados" para realizar los poderes explicitos; ver delegated
powers/poderes delegados, expressed powers/poderes explicitos. Pags. 90, 290
Income tax/Impuesto sobre el ingreso Gravamen sobre el ingreso de los individuos y/o corporaciones. Pag. 741
Incorporation/Incorporation Proceso mediante el cual un estado establece a una ciudad como un cuerpo legal. Pag. 726
Incumbent/Titular El funcionario publico actual. Pag. 127
Spanish Glossary   163 EXf^
Independent agencies/Oficinas independientes Agendas adi-cionales creadas por el Congreso y que se ubican fuera de los
departamentos del gabinete. Pag. 430
Independent executive agencies/Oficinas ejecutivas independientes Agendas que incluyen a la mayor parte de las agendas
independientes, que estan organizadas de una forma muy similar a los departamentos del gabinete y cuyo titular es un
administrador que tiene subunidades operativas regionales pero que carece del estatus del gabinete. Pag. 431 Independent
regulatory commissions/Comisiones regulatorias independientes Agendas independientes cuya funcion es regular aspectos
importantes de la economia de la nacion, en su mayoria fuera del control y direccion del Presidente. Pag. 431
Independents/Independientes Termino usado para describir a las personas que carecen de filiacion partidista. Pag. 171
Indictment/Denuncia Queja formal que el fiscal expone ante un gran jurado, que incluye cargos al acusado por uno o mas
crimenes. Pag. 578
Indirect tax/Impuesto indirecto Gravamen a una parte pero transferido a otra para su pago. Pag. 296 Inferior courts/Cortes
inferiores Las cortes federates menores, que estan por debajo de la Corte Suprema. Pag. 507 Informal amendment/Enmienda
informal Cambio en la Constitucion que no se hace mediante una enmienda escrita, sino por la experiencia del gobierno bajo la
Constitucion; los metodos incluyen: (1) aprobacion de la legislacion basica por parte del Congreso; (2) acciones llevadas a cabo
por el Presidente; (3) decisiones clave de la Corte Suprema; (4) activi-dades de los partidos politicos; y (5) costumbre. Pag. 79
Information/Informacion Acusacion oficial presentada por un acusador sin accion de parte del jurado. Pag. 704 Inherent
powers/Poderes inherentes Aquellos poderes delegados del gobierno nacional que le pertenecen de manera inher-ente, debido a
que es el gobierno de un estado soberano de la comunidad mundial. Pags. 91, 290
Inheritance tax/Impuesto sobre la herencia Gravamen sobre la parte de la herencia del beneficiario. Pag. 742 Initiative/Iniciativa
Proceso en el que determinado numero de votantes calificados firman peticiones a favor de una propuesta, la cual se pasa
despues directamente a la cedula de votacion. Pag. 687
Injunction/Mandato Orden judicial que fuerza o limita el desempeno de determinado acto, mediante la intervencion de un
individuo privado o un funcionario publico. Pag. 161 Integration/Integration El proceso de ofrecer a un grupo una pertenencia
igualitaria dentro de la sociedad. Pag. 603 Interest/Interes Cargo que se hace por el dinero prestado, por lo general es un
porcentaje de la cantidad prestada. Pag. 454 Interest group/Grupo de interes Organizaciones privadas cuyos miembros
comparten determinados puntos de vista y trabajan para dar forma a las politicas publicas. Pag. 216 Interstate compact/Pacto
interestatal Acuerdo formal suscrito con el consentimiento del Congreso, entre dos estados o entre un estado y un estado
extranjero, el cual esta autorizado por la Constitucion. (Articulo I, Seccion 10). Pag. 105 Involuntary servitude/Servidumbre
involuntaria Trabajo forzado. Pag. 569
Isolationism/Aislacionismo Rechazo voluntario a verse involu-crado, de manera general, en los asuntos del resto del mundo.
Pag. 468
Item veto/Veto de articulo Un gobernador puede vetar uno o mas articulos de una propuesta de ley, sin que rechace toda la
medida. Pag. 699
Jim Crow law/Ley Jim Crow Tipo de ley que separa a un grupo de personas del resto de la gente, con base en la raza, dirigido
principalmente a los afroamericanos. Pag. 602
Joint committee/Comite conjunto Comite legislativo compuesto por miembros de ambas camaras. Pag. 333 Joint
resolution/Resolucion conjunta Propuesta de accion que tiene la fuerza de ley cuando se aprueba; a menudo tiene que ver con
circunstancias especiales o asuntos temporales. Pag. 335
Judicial power/Poder judicial Poder para interpretar las leyes, determinar su significado y resolver las disputas que surgen
dentro de la sociedad. Pags. 4, 5
Judicial review/Revision judicial Poder de una corte para determinar la constitucionalidad de una accion gubernamen-tal. Pag.
69
Jurisdiction/Jurisdiccion Autoridad de una corte para atender (juzgar y decidir) un caso. Pag 508
Jury/Jurado Conjunto de personas seleccionadas de acuerdo con la ley para que escuchan la evidencia y deciden cuestiones de
hechos en un caso de la corte. Pag. 704 Jus sanguinis//ws sanguinis Ley de la sangre que define la ciu-dadania con base en la
ciudadania de los padres. Pag. 613 Jus soli/Jus soli Ley del territorio que determina la ciudadania con base en el lugar de
nacimiento de la persona. Pag. 613 Justice of the Peace/Juez de paz Juez que esta en el nivel inferior del sistema judicial estatal y
preside las cortes de justicia. Pag. 707
Keynote address/Discurso de apertura Alocucion dada en una convencion de partido para establecer el tono de la convencion y
de la futura campana. Pag. 373
Labor union/Sindicato laboral Organizacion de trabaj adores que comparten el mismo tipo de trabajo, o que laboran en la
misma industria y que presiona por lograr politicas gubernamentales que beneficien a sus miembros. Pag. 244 Laissez-faire
theory/Teoria del dejar hacer Teoria que sugiere que el gobierno deberia desemperiar un papel limitado dentro de la sociedad.
Pag. 662
Law of supply and demand/Ley de la oferta y la demanda Ley
que establece que cuando los suministros de bienes y servicios son abundantes, entonces los precios tienden a bajar. Cuando los
suministros escasean, entonces los precios tienden a subir. Pags. 21, 661
Legal tender/Moneda de curso legal Cualquier moneda que un acreedor debe aceptar, por ley, como pago de deudas. Pag. 299
Legislative power/Poder legislativo Poder para hacer una ley y redactar politicas publicas. Pag. 4
Libel/Libelo Utilizacion falsa y maliciosa de las palabras impresas. Pag. 546
Liberal constructionist/Construccionista liberal Aquel que argumenta una amplia interpretacion de las estipulaciones de la
Constitucion, en particular las que otorgan poderes al gobierno federal. Pag. 291
Limited government/Gobierno limitado Principio basico del sistema estadounidense de gobierno que establece que el gobierno
esta restringido en cuanto a lo que puede hacer, y en donde el individuo tiene ciertos derechos que el gobierno no puede
enajenar; ver constitutionalism/constitucionalismo, popular sovereignty/soberania popular. Pags. 29, 685 Line agency/Agencia
del ramo Oficina que desempena las tar-eas para las que la organizacion existe. Pag. 418 Line-item veto/Veto de partida
Cancelacion presidencial de ciertas cantidades de dolares (partidas) de una cuenta de gastos del Congreso; este veto se instituyo
en 1996 mediante una ley del Congreso, pero la Suprema Corte lo derogo en 1998. Pag. 406
Literacy/Alfabetismo Capacidad de una persona para leer o escribir. Pag. 156
165      Spanish Glossary
Lobbying/Cabildeo Actividades mediante las que las presiones de un grupo se aplican a los legisladores y al proceso legislativo,
incluyendo todos los metodos utilizados por el grupo para dirigir las presiones hacia todos los aspectos del proceso de creation
de politicas publicas. Pag. 251
Magistrate/Magistrado Juez que atiende a demandas civiles menores y casos de faltas leves que surgen en un contexto urbano.
Pag. 708
Magna Carta/Carta Magna Constitucion que los barones impusieron al rey John de Inglaterra en 1215; establecio el principio de
que el poder del monarca no era absoluto y garantizo los derechos fundamentales, como el de un juicio con jurado y procesos
establecidos legales para la nobleza. Pag. 29
Major parties/Partidos principales En la politica esta-dounidense, los partidos Democrata y Republicano. Pag. 116 Majority
opinion/Opinion mayoritaria Llamada oficialmente Opinion de la Corte; anuncia la decision de la Corte sobre el caso y describe
el razonamiento sobre el que esta se basa. Pag. 522 Mandate/Mandato Las intrucciones u ordenes que un grupo de votantnes da
a sus funcionarios electos. Pag. 216 Market economy/Economia de mercado Un sistema economico en el que se basa las
decisiones de la production y el consumo de bienes en el intercambio voluntario de mercados. Pag. 669 Mass media/Medios
masivos de comunicacion Aquellos medios de comunicacion que llegan a grandes audiencias, sobre todo la radio, television,
publicaciones impresas e Internet. Pags. 211, 391
Mayor-council government/Gobierno de consejo-alcalde El
mas antiguo y mas utilizado tipo de gobierno municipal: un alcalde electo como Presidente y un consejo electo como su cuerpo
legislativo. Pag. 726
Medicaid/Medicaid Programa administrado por el Senado para proporcionar seguro medico a las familias de bajos ingresos. Pag.
735
Medium/Medio Un medio de comunicacion; algo que trans-mite information. Pag. 223
Mestizo/Mestizo Persona que tiene ancestros Portugueses o espafioles e indios americanos. Pag. 639
Metropolitan area/Area metropolitana La ciudad y el area que le circunda. Pag. 731
Minister/Ministro Miembro del gabinete, y mas frecuente-mente de la Camara de los Comunes. Pag. 629 Minor party/Partido
minoritario Partido politico que no cuen-ta con gran apoyo. Pag. 119
Miranda Rule/Regla Miranda Derechos constitucionales que la policia debe especificar a un sospechoso antes de que pueda
hacersele una interrogation. Pag. 582
Misdemeanor/Falta leve Delito menor que se castiga mediante una pequefia multa o un breve periodo de encarcelamiento. Pag.
704
Mixed economy/Economia mixta Sistema economico en donde la iniciativa privada existe en combination con una considerable
regulation y promotion gubernamental. Pag. 21 Monarchy/Monarquia Gobierno encabezado por un gober-nante hereditario.
Pag. 627
Monopoly/Monopolio Empresa que es la unica fuente de un producto o servicio. Pag. 661
Multiparty/Multipartidista Sistema en el que varios partidos importantes y muchos secundarios existen, compiten seriamente y
en realidad ganan puestos de election popular. Pag. 122
National Bonus Plan/Plan de bono national Propuesta para elegir al Presidente y Vicepresidente, mediante el cual se le otorgaria
una suma nacional de 102 votos electorales al ganador del voto popular, ademas de los votos del colegio electoral de su estado.
Si ningun candidato recibe al menos 321 votos electorales, se llevaria a cabo una election complemi taria. Pag. 384
National convention/Convention nacional Reunion en la que los delegados de un partido votan para elegir a sus candidatos a la
presidencia y vicepresidencia. Pag. 372 Nationalization/Nationalization Adquisicion gubernamental de la industria privada para
uso publico. Pag. 642 Naturalization/Naturalization Proceso legal mediante el cual los ciudadanos de un pais se convierten en
ciudadanos de otro. Pags. 302, 614
Necessary and Proper Clause/Clausula de necesidad y conve-niencia Clausula constitutional que otorga al Congreso el poder de
expedir leyes "necesarias y convenientes" para el ejer-cicio de sus poderes; ver implied powers/poderes implicitos. Pag. 305
New Jersey Plan/Plan Nueva Jersey Plan presentado en la Convencion Constitutional como una alternativa al Plan Virginia;
proponia una legislatura unicameral en la que cada estado estuviera representado de forma equitativa. Pag. 51
Nomination/Nomination Proceso de selection de candidatos en una democracia. Pag. 178
Nonpartisan election/Election no partidista Election en la que los candidatos no estan identificados por membretes de partidos.
Pag. 184
North American Free Trade Agreement/Tratado de Libre Comercio de Norteamerica Acuerdo que elimina las restric-ciones
comerciales entre los Estados Unidos, Canada y Mexico, con lo cual se incrementa el comercio transfronterizo. Pag. 642
Oath of office/Juramento al asumir un cargo Juramento que hace el Presidente el dia que asume la presidencia, jurando "cumplir
fielmente" con sus responsabilidades, asi como "preservar, proteger y defender" la Constitucion. Pag. 393 Off-year
election/Election intermedia Election del Congreso que ocurre entre las elecciones presidenciales. Pags. 164, 269
Oligarchy/Oligarquia Forma de gobierno en la que el poder de gobernar lo ejerce una elite pequefia y por lo general autonom-
brada. Pag. 13
One-party system/Sistema unipartidista Sistema politico en el que solo existe un partido. Pag. 123
Open primary/Election primaria abierta Election partidista de nomination en la que cualquier votante calificado puede tomar
parte. Pag. 183
Opinion leader/Lider de opinion Cualquier persona que por alguna razon tiene una poderosa influencia en los puntos de vista
de otras. Pag. 212
Ordinance power/Poder de decreto Poder del Presidente de emitir ordenes ejecutivas; se fundamenta en la Constitucion y en los
actos del Congreso. Pag. 394
Original jurisdiction/Jurisdiction original Poder de una corte de atender un caso antes que otra corte. Pag. 509 Oversight
function/Funcion de vigilancia Revision de las politicas y los programas de la rama ejecutiva por parte de los comites
legislatives. Pag. 281
Pardon/Perdon Exoneration del castigo o de las consecuencias legales de un crimen que lleva a cabo el Presidente (en el caso
federal) o el gobernador (en el caso estatal). Pags. 407, 699 Parliamentary government/Gobierno parlamentario Forma de
gobierno en la que la rama ejecutiva esta conformada por el primer ministro, o premier, y el gabinete oficial. Pag. 16
Parochial/Parroquial Relacionado con la iglesia, como las escuelas parroquiales. Pag. 538
Parole/Liberation bajo palabra Libertad condicional de un prisionero poco antes de que termine el lapso de su sentencia
original. Pag. 699
en-
Spanish Glossary   821
★ **Ti
Partisan/Partidista Legislador que le debe fidelidad, en primer lugar, a su partido politico, por lo que vota de acuerdo con la
linea del partido. Pag. 281
Partisanship/Partidarismo Accion gubernamental basada en la
vigorosa fidelidad a un partido politico. Pag. 117
Party caucus/Junta de dirigentes de partido Reunion cerrada de
los miembros de la Camara de Representantes o del Senado;
tambien se conoce como Conferencia de partido. Pag. 324
Party identification/Identification con el partido Lealtad de la
gente hacia un partido politico. Pag. 171
Party in power/Partido en el poder En la politica esta-
dounidense, el partido en el poder es aquel que controla la
rama ejecutiva; es decir la presidencia, a nivel nacional, o la
gubernatura, a nivel estatal. Pag. 118
Patent/Patente Licencia expedida a un inventor para garantizar el derecho exclusivo de manufactura, uso o venta de su inven-to,
durante un tiempo limitado. Pag. 303 Patronage/Patrocinio Practica de dar trabajo a los simpati-zantes y amigos. Pag. 438
Payroll tax/Impuesto sobre la nomina Gravamen tasado a casi todos los empleadores y sus empleados, asi como a las personas
autoempleadas; cantidad debida por los empleados que se les descuenta de su salario. Pag. 450
Peer group/Grupo de camaradas Gente con la que uno se asocia regularmente y que incluye a socios, amigos, compafieros de
clase, vecinos y compafieros de trabajo. Pag. 212 Perestroika/Perestroika Reestructuracion de la vida politica y economica
durante el gobierno de Mijail Gorbachov. Pag. 646 Perjury/Perjurio El hecho de mentir bajo juramento. Pag. 311 Persona non
grata/Persona non grata Una persona que no es bienvenida; se utiliza para describir a los funcionarios diplomaticos
destituidos. Pag. 401
Petition of Right/Solicitud de Derecho Documento preparado por el Parlamento y firmado por el rey Charles I de Inglaterra en
1628; cuestiono la idea del derecho divino de los reyes y declaro que incluso el monarca esta sujeto a las leyes de la tierra. Pag. 30
Picketing/Vigilancia Manifestation de los trabaj adores en el sitio donde estan en huelga. Pag. 551
Plaintiff/Demandante En el derecho civil, la parte que entabla un juicio u otra accion legal contra otra (el demandado) en una
corte. Pag. 509
Platform/Plataforma Un enunciado formal por parte de un partido politico respecto a sus principios basicos, opiniones sobre
cuestiones politicas importantes y objetivos. Pag. 373 Pluralistic society/Sociedad pluralista Sociedad que esta forma-da por
distintos grupos y culturas. Pag. 121 Plurality/Mayoria En una election, el niimero de votos que el candidato que va a la punta
tiene de ventaja sobre su competidor mas cercano. Pag. 120
Pocket veto/Veto indirecto Tipo de veto que el Presidente puede utilizar despues de que una legislatura se suspende; se aplica
cuando un Presidente no firma formalmente o rechaza una propuesta de ley, dentro del tiempo comprendido para eso; ver Veto.
Pag. 346
Police power/Facultad policial Autoridad de cada estado para proteger y promover la salud publica, la seguridad, la moral y el
bienestar general de su pueblo. Pags. 566, 691 Political Action Committee/Comite de accion politica Extension politica de
grupos de interes especiales, los cuales tienen un gran interes en la politica publica. Pag. 197 Political asylum/Politica de asilo
Medidas para proporcionar un refugio seguro para los que son perseguidos. Pag. 478 Political efficacy/Eficacia politica La
influencia o eficacia individual en la politica. Pag. 166
Political party/Partido politico Grupo de personas que buscan controlar el gobierno mediante el triunfo en las elecciones y la
conservation de los puestos publicos. Pag. 116
Political socialization/Socialization politica Proceso mediante el que la gente obtiene sus actitudes y opiniones politicas. Pag.
168 Politico/Politico Legislador que intenta equilibrar los elemen-tos basicos de los miembros del directorio, los delegados y los
roles partidistas; ver trustee/independiente, delegate/delegado, partisan/partidista. Pag. 281
Poll book/Padron electoral Lista de todos los votantes reg-istrados en cada distrito. Pag. 155
Poll tax/Impuesto sobre el padron electoral Gravamen especial, exigido por los estados como una condition para votar. Pag. 157
Polling place/Casilla electoral Lugar donde los votantes que viven en cierto distrito acuden a votar. Pag. 190 Popular
sovereignty/Soberania popular Principio basico del sistema estadounidense de gobierno que establece que el pueblo es la
fuente de todos los poderes gubernamentales, y que el gobierno solo puede existir con el consentimiento de los gobernados.
Pags. 39, 685 Preamble/Preambulo Introduction. Pag. 65 Precedent/Precedente Decision judicial que se toma como un ejemplo a
seguir en el futuro para casos similares. Pags. 522, 703 Precinct/Distrito Unidad minima de la administration electoral; distrito de
votacion. Pags. 140, 190 Preclearance/Preautorizacion Ordenada por la Ley de Derechos de Votos de 1965, respecto a la
aprobacion anterior, por parte del Departamento de Justicia, de los cambios en las leyes electorales existentes o nuevas en
ciertos estados. Pag. 162 Prefecture/Prefectura Las 47 subdivisiones en las que se divide Japon. Pag. 637
Preliminary hearing/Audiencia preliminar El primer paso del procesamiento de un crimen mayor, en el que el juez decide si la
evidencia basta para que la persona comparezca ante el gran jurado o ante el fiscal para ser sujeto de una accion. Pag. 708
President of the Senate/Presidente del Senado Funcionario que preside un Senado; en el Congreso es el Vicepresidente de los
Estados Unidos; en la legislatura estatal, cualquier vicegober-nador o un senador. Pag. 323
President pro tempore/Vtesidmte pro tempore Miembro del Senado de Estados Unidos, o de la camara superior de la legis-
latura estatal, elegido para ser Presidente, en caso de ausencia del Presidente del Senado. Pag. 323
Presidential elector/Elector presidential Persona elegida por los votantes para representarlos en la selection formal del
Presidente y Vicepresidente. Pag. 365
Presidential government/Gobierno presidential Forma de gobierno en la que las ramas ejecutivas y legislativas del gobierno
estan separadas, son independientes y estan en la misma jerar-quia. Pag. 15
Presidential primary/Election presidential primaria Election en la que los votantes de un partido: (1) eligen a varios o a todos los
delegados de la organizacion partidista estatal para la convencion nacional de su partido, y/o (2) expresan una pref-erencia por
alguno de los distintos contendientes para la nomination presidential de su partido. Pag. 369 Presidential succession/Sucesion
presidential Plan mediante el cual se resuelve la vacante presidential. Pag. 359 Presidential Succession Act of 1947/Ley para la
sucesion presidential de 1947 Ley que especifica el orden para la sucesion presidential, despues del Vicepresidente. Pag. 360
Presiding officer/Primer funcionario Presidente. Pag. 45 Preventive detention/Arresto preventivo Ley que permite a los jueces
federales ordenar que un acusado de felonia sea arresta-do, sin derecho a fianza, cuando existen buenas razones para creer que
cometera otro crimen grave antes del juicio. Pag. 586 Prior restraint/Prohibition anticipada El gobierno no puede reprimir las
ideas antes de que se expresen. Pag. 549
169      Spanish Glossary
Privatization/Privatization Regresar las empresas nacionales a la iniciativa privada. Pag. 675
Privileges and Immunities Clause/Clausula de privilegios e inmunidades Estipulacion constitucional (Articulo IV, Section 2), en
que se conceden ciertos "privilegios e inmunidades" a los ciudadanos, sin importar su estado de residencia; ningtin estado
puede hacer distinciones no razonables entre sus propios resi-dentes y aquellas personas que vivan en otros estados. Pag. 107
Probable Cause/Causa probable Fundamentos razonables, sospecha razonable de un crimen. Pag. 571 Procedural due
process/Procesos legales establecidos El gobierno debe emplear procedimientos y metodos justos. Pag. 565 Process of
incorporation/Proceso de incorporation Proceso de integrar, o incluir, la mayor parte de las garantias de la Declaration de los
derechos en la Clausula de proceso legal establecido de la 14a enmienda. Pag. 535 Progressive tax/Impuesto progresivo Tipo de
impuesto que es proporcional con el ingreso. Pags. 449, 742 Project grant/Subvencion de proyecto Tipo de subvention de fondos
publicos; proporcionada para proyectos especificos de los estados, las localidades y las oficinas privadas que la solicitan. Pag.
103
Proletariat/Proletariado La clase trabajadora. Pag. 667 Propaganda/Propaganda Una tecnica inmoral de persuasion orientada a
influir en los comportamientos individuales o colectivos con el objeto de originar una creencia particular, independientemente
de su validez. Pag. 249 Property tax/Impuesto a la propiedad Gravamen sobre los bienes raices y la propiedad personal. Pag. 742
Proportional plan/Plan proporcional Propuesta para selec-cionar electores presidenciales, mediante la cual cada candidato
recibiria la misma cantidad de votos electorales de un estado que recibio durante la votacion popular del estado. Pag. 382
Proportional representation rule/Regla de la representation proporcional Procedimiento aplicado en las elecciones pri-marias
del partido Democrata, en el cual cualquier candidato que gane al menos el 15% de los votos emitidos en una election primaria,
obtienen el numero de delegados a la convencion estatal democrata, que le corresponda a esa proportion de las primarias. Pag.
371
Proprietary/Propiedad Organizada por un duefio (persona a quien el rey le ha otorgado tierras). Pag. 32 Prorogue/Prorroga
Aplazamiento, como en la sesion legislativa. Pag. 265
Public affairs/Asuntos publicos Aquellos acontecimientos y asuntos que importan al publico en general, por ejemplo: la
politica, los temas publicos y la determination de las politicas publicas. Pags. 208, 239
Public agenda/Agenda publica Asuntos publicos sobre los cuales esta enfocada la atencion de las personas. Pag. 228 Public
debt/Deuda publica Todo el dinero que ha pedido presta-do el gobierno a lo largo de los afios y que todavia no paga, ademas
del interes acumulado sobre ese capital; tambien se conoce como deuda nacional o deuda federal. Pags. 296, 455 Public-interest
group/Grupo de interes publico Grupo de interes que busca instituir determinadas politicas publicas de beneficio para la
mayoria de las personas de su pais, sin importar si pertenecen o apoyan a la organizacion. Pag. 247 Public opinion/Opinion
publica Coleccion compleja de opiniones de diversas personas; la suma de todos sus puntos de vista. Pag. 209
Public opinion poll/Encuestas de opinion publica Dispositivos que intentan recolectar information al hacerle preguntas a las
personas. Pag. 217
Public policy/Politicas publicas Todas las metas que un gobierno se fija, asi como los distintos cursos de accion que toma en sus
intentos por llevar a cabo esos objetivos. Pags. 4, 236
Purge/Purga Proceso de revision de las listas de los votantes registrados y de la elimination de los nombres que ya no son
elegibles para votar; una depuration. Pags. 155, 645
Quasi-judicial/Cuasi-judicial Que tiene que ver con los poderes que en alguna forma son judiciales. Pag. 433 Quasi-
legislative/Cuasi-legislativo Que tiene que ver con poderes que son legislativos en cierta medida. Pag. 433 Quorum/Quorum
Minimo numero de miembros que debe estar presente para que un cuerpo legislativo funcione; mayoria. Pags. 58, 339
Quota/Cuota Regla que requiere que determinado numero de trabajos o ascensos se den en miembros de ciertos grupos. Pag. 610
Quota sample/Muestra de cuota Muestra deliberadamente hecha para reflejar ciertas caracteristicas importantes de una
determinada poblacion. Pag. 219
Random sample/Muestra aleatoria Determinado numero de gente seleccionada al azar y que vive en ciertos lugares selec-
cionados de manera aleatoria. Pag. 218
Ratification/Ratification Aprobacion formal, consentimiento definitivo de la eficacia de una constitucion, de una enmienda
constitucional o de un tratado. Pag. 44
Reapportion/Reasignacion Redistribution, como los escanos en un cuerpo legislativo. Pag. 267
Recall/Retirada inesperada Procedimiento de petition por el que los votantes puedan destituir a un funcionario oficial antes de
terminar su mandate Pag. 696
Recognition/Reconocimiento El poder exclusivo de un Presidente para reconocer (establecer relaciones diplomaticas) a estados
extranjeros. Pag. 400
Redress/Resarcir Satisfacer una queja, por lo general mediante un pago. Pag. 524
Referendum/Referendo Proceso mediante el cual una medida legislativa se consulta con los votantes de los estados para su
aprobacion o rechazo final. Pag. 693
Refugee/Refugiado Persona que abandona su hogar para bus-car protection contra la guerra, la persecution o algun otro peligro.
Pag. 597
Regional security alliances/Alianzas regionales de seguridad
Tratados mediante los cuales los Estados Unidos y otros paises han acordado actuar colectivamente para enfrentar una agre-sion
en una determinada parte del mundo. Pag. 492 Register/Padron Registro o lista de nombres, a menudo bajo el cuidado de un
funcionario asignado para esa labor. Pag. 439 Registration/Registro Procedimiento de identification del voto pensado para evitar
votaciones fraudulentas. Pag. 154 Regressive tax/Impuesto regresivo Gravamen con una tasa semejante, sin considerar el nivel
de ingreso de los con-tribuyentes o su capacidad para pagarlo. Pags. 451, 741 Repeal/Revocation Derogation. Pag. 37
Representative government/Gobierno representative Sistema de gobierno en el que las politicas publicas estan elaboradas por
funcionarios elegidos por los votantes y que rinden cuentas en elecciones periodicas; ver democracy/democracia. Pag. 29
Reprieve/Suspension Un aplazamiento oficial de la ejecucion de una sentencia; ver pardon/perdon. Pags. 407, 699
Reservation/Reservation Terrenos publicos que un gobierno reser-va para el uso de las tribus nativas estadounidenses. Pag. 596
Reserved powers/Poderes reservados Aquellos poderes que la Constitucion no otorga al gobierno nacional, pero que tampoco
niega, al mismo tiempo a los estados. Pag. 92 Resolution/Resolution Medida relativa al funcionamiento de cualquier Camara, o
una expresion de opinion sobre un asun-to; no tiene la fuerza de una ley y no requiere la firma del Presidente. Pag. 335
Spanish Glossary   171
Revenue sharing/Participation en los ingresos Forma de ayuda monetaria federal, vigente de 1972 a 1987, bajo la cual el
Congreso daba una participation anual de los ingresos tributarios, sin que virtualmente hubiera ninguna restriction en su uso, a
los estados y sus ciudades, condados y villas. Pag. 102
Reverse discrimination/Discriminacion inversa Segregation en contra del grupo mayoritario. Pag. 610
Right of association/Derecho de asociacion Derecho de aso-ciarse con otros para promover causas politicas, sociales, economicas
y de otra indole. Pag. 558
Right of legation/Derecho de legation Derecho a enviar y recibir representantes diplomaticos. Pag. 470
Rider/Clausula adicional Provision poco probable de ser aprobada por meritos propios, que se agrega a un proyecto de ley
importante que se tiene la seguridad que sera aprobado, asi que dicha clausula "cabalga" por todo ese proceso legislativo. Pag.
335
Rule of law/Gobierno de la ley ver constitutionalism/constitu-cionalismo. Pag. 66.
Runoff primary/Election primaria complementaria Election primaria en la que los dos candidatos con mas votos en la election
primaria directa se enfrentan; el ganador de esa votacion se convierte en el nominado. Pag. 184
Sales tax/Impuesto a las ventas Gravamen sobre las ventas de distintos bienes, el cual paga el comprador. Pag. 741
Sample/Muestra Una portion representativa del publico. Pag. 218 Search warrant/Orden de allanamiento Automation judicial
para hacer registros. Pag. 566
Secretary/Secretario Funcionario a cargo de un departamento de gobierno. Pag. 424
Sectionalism/Regionalismo Preocupacion estrecha, o devotion por los intereses de una region del pais. Pag. 129
Sedition/Sedition Crimen de intentar derrocar al gobierno mediante la fuerza, o de interrumpir las actividades legales por
medio de actos violentos. Pag. 547
Seditious speech/Discurso sedicioso El llamado o el apoyo a un intento de derrocar al gobierno mediante la fuerza, o a la
interruption de actividades legales por medio de la violencia. Pag. 547
Segregation/Segregation Separation de un grupo respecto a otro. Pag. 602
Select committee/Comite selecto Comite legislativo creado por un tiempo limitado y para algun proposito especifico; tambien se
conoce como comite especial. Pag. 331 Senatorial courtesy/Cortesia senatorial Costumbre de que el Senado no aprobara una
nomination presidential, si esa designation no es aprobada por el senador del partido mayoritario de ese estado, en donde la
persona designada habria de servir. Pag. 81
Seniority rule/Regla de antigiiedad Regla no escrita de ambas Camaras del Congreso, de acuerdo con la cual, los puestos mas
altos de cada una de ellas los ocuparan aquellos miembros que tengan un historial de servicio mas antiguo; se aplica de forma
mas estricta a las presidencias de los comites. Pag. 326
Separate-but-equal doctrine/Doctrina de iguales pero separados Base constitucional para leyes que segregan a un grupo respecto
a otro, con base en la raza. (Leyes Jim Crow.) Pag. 602. Separation of powers/Separation de poderes Principio basico del sistema
de gobierno estadounidense, segun el cual los poderes ejecutivo, legislativo y judicial estan divididos en tres ramas
independientes e iguales; ver checks and balances/pesos y contrapesos. Pag. 66
Session/Sesion Periodo regular durante el cual reune el Congreso para atender a asuntos oficiales. Pag. 264
Shadow cabinet/Gabinete alterno Miembros de los partidos de oposicion que vigilan, o supervisan, a un miembro particular del
gabinete, y que estarian listos para ejercer el gobierno. Pag. 629 Shield law/Ley Escudo Ley que ofrece a los reporteros cierta
protection contra la revelation de sus fuentes o la publication de otra information confidencial durante los procedimientos
legales. Pag. 550
Single-interest group/Grupos de un unico interes Comites de accion politica que concentran sus esfuerzos exclusivamente en un
solo asunto. Pag. 251
Single-issue parties/Partidos de un unico asunto Partidos que se concentran en un solo aspecto de la politica publica. Pag. 132
Single-member district/Distrito de un solo miembro Distrito electoral en donde los votantes eligen, en la papeleta electoral, una
sola persona para cada cargo. Pags. 120, 270 Slander/Calumnia Utilization falsa y maliciosa del discurso hablado. Pag. 547
Socialism/Socialismo Filosofia economica y politica basada en la idea de que los beneficios de la actividad economica deberian
distribuirse de manera equitativa a toda la sociedad. Pag. 666
Soft money/Fondos no fiscalizados Fondos otorgados al estado y a organizaciones partidistas locales para actividades rela-
cionadas con el voto, por ejemplo: registro de votantes, envio de propaganda por correo, anuncios. Pag. 201 Sound bite/Informe
sucinto Informaciones breves y concisas que pueden despacharse en 30 6 45 segundos. Pag. 229 Sovereign/Soberano Tener poder
supremo y absoluto dentro de su propio territorio; no estar subordinado ni ser responsable ante ninguna otra autoridad. Pag. 6
Soviets/Soviets Consejo de gobierno elegido por el pueblo y que lo representa. Pag. 646
Speaker of the House/Vocero de la Camara Funcionario que preside la Camara de Representantes y que es electo por el partido
mayoritario en la Camara, al cual pertenece. Pag. 322 Special district/Distrito especial Unidad independiente creada para llevar a
cabo una o mas funciones gubernamentales rela-cionadas a nivel local. Pag. 722
Special session/Sesion especial Sesion extraordinaria de un cuerpo legislativo, convocada para tratar una situation de
emergencia. Pag. 265
Splinter parties/Partidos de escision Partidos formados por la fractura de uno de los principales partidos; la mayor parte de los
partidos pequenos importantes en el ambito politico estadounidense son partidos de escision. Pag. 133 Split-ticket voting/Voto
diferenciado Votar, en la misma election, por candidatos de distintos partidos para puestos difer-entes. Pags. 141, 171
Spoils system/Sistema de prebendas Practica de ofrecer cargos y otros favores gubernamentales a los simpatizantes y amigos
politicos. Pag. 438
Staff agency/Oficina de apoyo Tipo de agenda cuya funcion es dar respaldo al Presidente y a otros administradores, ofrecien-do
consejos y otro tipo de asistencia en la administration de la organizacion. Pag. 418
Standing committee/Comision permanente Comite perma-nente de un cuerpo legislativo a quien se presentan las prop-uestas
de ley sobre una materia especifica; ver comite selecto. Pag. 329
State/Estado Conjunto de personas que viven en un territorio definido y que tienen un gobierno con el poder de legislar y de
hacer cumplir la ley, sin tener el consentimiento de una autoridad superior. Pag. 5
Statutory law/Ley estatuida Ley aprobada por los legisladores. Pag. 688
Straight-ticket voting/Voto duro Practica de votar en una election por los candidatos de un solo partido. Pag. 171
173      Spanish Glossary
Straw vote/Encuesta pre-electoral Encuestas que pretenden conocer la opinion de la gente haciendo simplemente la misma
pregunta a una gran cantidad de personas. Pag. 217 Strict constructionist/Construccionista estricto Persona que defiende una
interpretation estrecha de las estipulaciones de la Constitucion, en particular las referentes al otorgamiento de poderes al
gobierno federal. Pag. 291
Strong-mayor government/Gobierno de alcalde vigoroso Tipo de gobierno en el que el alcalde encabeza la administration de la
ciudad. Pag. 727
Subcommittee/Subcomite Division de un comite existente que se forma para atender asuntos especificos. Pag. 336
Subpoena/Citation Orden para que se presente una persona o para que se elaboren documentos u otros materiales solicitados.
Pag. 313
Subsidy/Subsidio Una subvention de dinero, por lo general por un gobierno. Pag. 197
Substantive due process/Proceso legal duradero El gobierno debe crear politicas y leyes justas. Pag. 565 Successor/Sucesor
Persona que hereda un titulo o un cargo. Pag. 311
Suffrage/Sufragio El derecho de votar. Pag. 148 Surplus/Superavit Cuando hay mas ingresos que gastos. Pag. 455 Symbolic
speech/Discurso simbolico Expresion mediante la conducta; comunicacion de ideas a traves de expresiones faciales, lenguaje
corporal o mediante el uso de un signo o por-tando una banda en el brazo. Pag. 551
Tax/Impuesto Cargo gravado por el gobierno a las personas o propiedades, con el objeto de satisfacer las necesidades publicas.
Pag. 295
Tax return/Declaration de impuestos Declaration del ingreso gravable y de las exenciones y deducciones exigidas. Pag. 449
Term/Termino Lapso especificado durante el cual se desem-penara en el cargo un funcionario elegido. Pag. 264 Three-Fifths
Compromise/Avenencia de las tres quintas partes Acuerdo logrado en la Convencion Constitucional respecto a que un esclavo
deberia contarse como tres quintas partes de una persona, para propositos de determinar la poblacion de un estado. Pag. 52
Totalitarian/Totalitario Gobierno que ejerce un poder (autoridad) dictatorial en casi todos los aspectos de los asuntos humanos.
Pag. 14
Township/Municipio Division de un condado. Pag. 718 Trade association/Asociacion comercial Grupos de interes dentro de la
comunidad de los negocios. Pag. 244 Transient/Transeunte Persona que vive en un estado solo por un breve tiempo, sin
residencia legal. Pag. 153 Treason/Alta traition Deslealtad hacia el pais propio; en la Constitucion, librar una guerra en contra de
los Estados Unidos, proporcionar aliento u ofrecer ayuda a sus enemigos. Pag. 588
Treaty/Tratado Acuerdo formal entre dos o mas estados sober-anos. Pags. 80, 399
Trust/Cartel Mecanismo mediante el cual diversas corporations de la misma linea de negocios se ponen de acuerdo para
eliminar a la competencia y regular los precios. Pag. 661 Trustee/Independiente Legislador que vota en cada asunto de acuerdo
con su conciencia y su juicio independiente, sin con-siderar las opiniones de sus electores o de otros grupos. Pag. 281 Two-party
system/Sistema bipartidista Sistema politico domi-nado por dos partidos importantes. Pag. 119
Unconstitutional/Inconstitucional Contrario a las estipulaciones constitucionales y, por lo tanto, ilegal, nulo e invalido, que no
tiene fuerza ni efecto. Pag. 69
Uncontrollable spending/Gasto incontrolable Gastos que ni el Congreso ni el Presidente tienen el poder de cambiar de man-era
directa, incluyendo los intereses de la deuda. Pag. 459 Unicameral/Unicameral Adjetivo que describe un cuerpo legislativo con
una sola Camara; ver bicameral. Pag. 32 Unitary government/Gobierno unitario Gobierno centralizado en el que los poderes
ejercidos por el gobierno pertenecen a una unica oficina central. Pag. 14
Urbanization/Urbanization Porcentaje de la poblacion de un estado que vive en ciudades de mas de 250,000 personas, o en los
suburbios de las ciudades que tienen mas de 50,000 habi-tantes. Pag. 737
Veto/Veto Poder del Presidente para rechazar un proyecto de ley aprobado por una legislatura; literalmente (latin) "Prohibo"; ver
pocket veto/veto indirecto. Pags. 67, 346 Virginia Plan/Plan Virginia Proyecto presentado por los delegados de Virginia en la
Convencion Constitucional; proponia un gobierno con tres poderes y una legislatura bicameral en la que la representation de
cada estado estuviera determinada por su poblacion o por su apoyo financiero al gobierno central. Pag. 51
Ward/Distrito Unidad en la que suelen dividirse las ciudades para la election de los miembros del consejo municipal. Pag. 140
Warrant/Mandamiento Orden judicial que autoriza o hace legal alguna accion oficial, como la orden de allanamiento o la orden
de arresto. Pag. 708
Weak-mayor government/Gobierno de alcalde debil Tipo de gobierno en el que el alcalde comparte las obligaciones ejecuti-vas
con otros funcionarios electos. Pag. 727 Welfare/Beneficencia Ayuda en efectivo a los pobres. Pag. 735 Welfare state/Estado
benefactor Paises que ofrecen una amplia gama de servicios sociales a un bajo costo o de manera gratuita para los usuarios. Pag.
668
Whips/Whips Auxiliares de los lideres de las fracciones partidistas en la Camara de Representantes y el Senado que son
responsables de vigilar y ordenar los votos. Pag. 325 Winner-take-all/El ganador se Ueva todo Sistema casi obsoleto en donde un
aspirante presidencial que ganaba la preferencia del voto en las elecciones primarias, automaticamente obtenia el apoyo de
todos los delegados elegidos en dichas elecciones. Pag. 371
Writ of assistance/Auto de ayuda Orden general de allanamiento con la que los funcionarios aduanales britanicos invadian los
hogares privados en busca de bienes de contra-bando. Pag. 571
Writ of certiorari/Auto de avocation o certiorari Orden emiti-da por una corte superior dirigida a una corte inferior para que
remita el expediente de un determinado caso para su revision; el significado en latin de la expresion es "tener mayor certeza".
Pag. 520
Writ of habeas corpus/Auto de habeas corpus Orden judicial que evita arrestos y encarcelamientos injustos. Pag. 576
Zoning/Zonificacion Practica de dividir a una ciudad en determinado numero de distritos y de regular los usos que se dara a la
propiedad en cada uno de ellos. Pag. 730
UN Security Council/Consejo de Seguridad de la ONU Panel de 15 miembros que tiene la maxima responsabilidad de la ONU
para la conservation de la paz internacional. Pag. 496
Spanish Glossary    174
Index
Abington School District v. Schempp (1963), 539 absentee voting, 189 Activities, 349
Analyzing Political Cartoons, 25,61,85,111,145, 175, 205, 233, 257, 287, 317, 349, 387, 411, 443, 465, 501, 529, 561, 591, 62 1, 655, 679, 715, 747 Critical Thinking, 25,61,
85,111,145,175, 205, 233, 257, 287,317, 349, 387,411, 443, 465,501, 529, 561, 591, 621, 655, 679, 715, 747 Participation, 25,61,85,111,145,175,205,233, 257, 287,
317, 349, 387, 411, 443, 465, 501, 529, 561,591,621,655, 679, 715, 747 You Can Make a Difference, 25,61,85,111,145, 175, 205, 233, 257, 287, 317, 349, 387, 411, 443,
465, 501, 529, 561, 591, 621, 655, 679, 715, 747 Adams, John, 49,127, 438, 518, 754c-755c Alien and Sedition Acts and, 547 as commander in chief, 401 Declaration of
Independence and, 38 description of caucuses, 180 election of 1796,366 at First Continental Congress, 36 as vice president, 58, 361,362 Adams, John Quincy, 181,311,380,391p,
754c-755c Adams, Samuel, 36,49,56 Adarand Constructors v. Pena (1995), 611-612 Adolescent Family Life Act (1981), 541 affirmative action, 609-612, 610p, 611p, 612p, 804 AFL-CIO.
See American Federation of Labor-Congress of Industrial Organizations African Americans as ambassadors, 471
civil rights movement and, 602, 602p, 800
in civil service, 439c
in Civil War, 798, 798p
in Congress, 9, 9p, 272p, 279,280c
discrimination against, 315,570, 592p-593p,
595-596
education of, 593,603-604 • in government, 389 interest groups of, 247 majority-minority, districts, 272 March on Washington, 163p \ National Urban League and, 248 political
parties and, 123,128,130,139 population of, 594, 595, 595c, 600, 600c, 751c in President's Cabinet, 428,428p redistricting and, 274
school desegregation and, 603-604,605,607, 607p in Senate, 275p
separate-but-equal doctrine and, 602-603 voting behavior of, 170
voting rights of, 97-98, 97p, 149,156-157, 156p, 157, 157p, 159-163, 159p, 162g, 162p, 163p, 173, 383 agencies, 416,417c, 426c Agnew, Spiro, 361,363 Agostiniv. Felton (t997),
463,799 Agriculture Department, 426c, 435, 460c Aguilar v. Felton (1985), 463 AIDS (disease), 215p, 554, 554p Aid to Families with Dependent Children (AFDC), 735 Air Force One (jet),
352p-353p, 358, 359 Air Force, U.S.; 307,475 Alabama, 753m
admitted to the Union, 100m
civil rights in, 161
congressional representation of, 326c, 326m
constitution of, 688
courts in, 513c, 513m, 711
freedom of assembly in, 558
governors in, 695,697m, 699
nontax revenues, 743
primaries in, 184
school prayer in, 539
Note: Entries with a page number followed by an (c) denote reference to a chart on that page; those followed by a (p) denote a photo; those followed by a (m) denote a map; those
followed by a (g) denote a graph.
statistics about, 750c, 751c voter qualifications in, 153,156,157,162 Alaska, 89, 752m
admitted to the Union, 100,100m, 268
affirmative action in, 611
congressional elections in, 269
congressional representation of, 326c, 326m
constitution of, 687
county government in, 718,718p
elections in, 183,183m, 189,370,372
federal court districts and circuits, 513c, 513m
governors in, 696,697m
nontax revenues, 743
purchase of, 482
secretary of state in, 700
statistics about, 750c, 751c
taxes in, 741
voter qualifications in, 153,156,163 Albany Plan of Union, 35-36 Albany, New York, 753m Albright, Madeleine, 428,469p, 470,476, 476p Alden v. Maine (1990), 691 Alexander v. Holmes
County Board of Education
(1969), 604
Alien and Sedition Acts, 547-548, 547p aliens, 534,614,616-617, 616g
population, 617-618, 617p
undocumented, 617-618, 617p
voting rights of, 152, 152p Allied Powers, 484 ambassadors, 395,471 amendment process, 686-687, 687p amendments, constitutional
formal, 72-77, 72m, 73c, 74p, 75c, 77p
informal, 79-82, 80p, 82p
ratification of, 687
See also Bill of Rights; individual amendments American Association of Retired Persons, 246-247 American Bar Association, 246,712 American Civil Liberties Union, 246 American
Farm Bureau, 245 American Federation of Labor-Congress of
Industrial Organizations, 244,247 American Independent Party, 130,133,134 American Legion, 246 American Medical Association, 246 American Party, 132
American Revolution, 37-38,45, 57m, 532
American Samoa, 100m, 267, 334, 369
amicus curiae briefs, 521
Amtrak, 434, 434p, 662
Annapolis Convention, 46-47
Annapolis, Maryland, 753m
Anti-Federalists, 56-57,119,126-127,291,790-792
Anti-Masons, 134
ANZUS Pact, 493
ApolloMedia Corporation v. United States (1999), 533 appellate courts, 514, 514c, 520-521, 520c, 709-710
appellate jurisdiction, 509, 509c apportionment, 799 Appropriations Committee, 462 Arab Americans, 247, 570 Arizona, 752m
admitted to the Union, 100-101, 100m, 268
city government in, 729
congressional representation of, 326c, 326m
elections in, 184,194
federal court districts and circuits, 513c, 513m federal land in, 304m Gadsden Purchase and, 482 governors of, 695,696, 697m, 699 Grand Canyon National Park, 437p Hispanic
Americans in, 597
Lemon Test in, 541
statistics about, 750c, 751c
voter qualifications in, 153,156,163 Arkansas, 753m
admitted to the Union, 100m
congressional representation of, 326c, 326m
courts in, 513c, 513m, 579, 711
education in, 108c
governors of, 695, 697m
legislature of, 691
nontax revenues, 743
primaries in, 184
statistics about, 750c, 751c
voter qualifications in, 152,157 armed forces
apppointments in, 395
commander in chief of the, 355,401-403,401p, 402p
employees in, 437
women in, 499
See also military Army, U.S., 473-474, 473g, 474p arrests, 572-573
Arthur, Chester A., 362c, 374, 754c-755c Articles of Confederation, 9,38,44-46, 44p, 45c, 793-796
confederate government and, 15 AshcraftM. Tennessee (1944), 582 Asian Americans
assimilation, 597
in civil service, 439c
in Congress, 279, 280c
discrimination against, 597-598, 597p
population of, 594, 595c, 598, 600, 600c
in President's Cabinet, 428, 428p
voting rights of, 163,173 Assessment, 24, 60,84,110,144,174, 204, 232,
256, 286, 316, 348, 386, 410, 442, 464, 500, 528,
560, 590, 620, 654, 678, 714, 746 assessments, property tax, 742 Atlanta, Georgia, 369m, 753m Atlantic City, New Jersey, 369m Attorney, U.S., 511 attorney general, 424,521,700
Augusta, Maine, 753m Austin, Texas, 752m Australian ballot, 191, 191 p authorities, 416, 417c Axis Powers, 484
bail, 30, 585-586
Baker v. Carr (1962), 23,745,799
Bakke, Allan, 610, 670/?, 619
balance the ticket, 362
balanced budget, 297,457
Balanced Budget Act (1997), 297
Balkans, 402,493
ballot fatigue, 165,192
ballots, 190-194, 191p, 192p, 193
Baltimore v. Dawson (1955), 605
Baltimore, Maryland, 99, 369m
bandwagon effect, 220-221
Bank of the United States, 299,306,434,802
bankruptcy power, 300,300c, 511
Barkery. Wingo(1972), 579
Barron v. Baltimore (1833), 534
Baton Rouge, Louisiana, 753m
bed-sheet ballot, 185,192
bench trial, 580,705
Benton v. Maryland (1969), 536c
Berkemer\. McCarty (1984), 583
Berlin blockade, 486, 487m
Bethel School District #403 v. Fraser (1986), 799
bicameral legislature, 31-32,51,262-263,685,689
Bigelow v. Virginia (1975), 553
Index
bill of attainder, 577
Bill of Rights, U.S., 57,74,75,76, 89,532-533,
533p, 534, 565-566, 626
English, 29,30
Virginia, 29 bills, 329-330,331
become laws, 334-340, 342-346, 344p, 345c
in committee, 336-337
conference committees, 344-346
engrossed, 340 _
filibusters, 343, 343p
first reading of, 335-336
floor debates of, 337-338,339
on the House floor, 338-339
introducing, 342
Presidential action on, 346, 346p
rules for debate on, 338,342-344
in State legislatures, 693
types of, 334-335, 335c .
veto of, 346
voting on, 339-340 bipartisanship, 120-121 Bismarck, North Dakota, 752m Black Americans. See African Americans Blackstone, William, 53 Black, Hugo L, 157, 271,539 Blair, Tony,
498, 630p, 671, 671p block grants, 103,735 board of commissioners, 719 Board of Education of Kiryas Joel v. Grumet
(1994), 541-542
Board of Education of Westside Community
Schools v. Mergens {1990), 806 Board of Estimate of City of New York v. Morris
(1989), 745,799 board of supervisors, 719 Bob Jones University v. United States (1983), 799 Boise, Idaho, 752m Bolshevik Revolution, 645 boroughs, 718
Boston, Massachusetts, 515, 680p-681p, 725, 753m
Boston Massacre, 36
Boston Tea Party, 36, 36p
bourgeoisie, 667
Bowen v. Kendrick (1988), 541
Bowers v. Hardwick (1986), 567
Boy Scouts of America v. Dale (2000), 558
Bradwellw. Illinois (1873), 605
Brady Act (1993), 109,691 ,*804
Branzburgv. Hayes (1972), 550
Brennan, William J., Jr., 552-553,606
Breyer, Stephen, 522p
Brower v. Inyo County (1989), 573
Brown v. Board of Education of Topeka (1954),
603-604, 605, 799 Brown, John, 588 Brown, Linda, 799 Bruce, Blanche K., 275p Bryan, William Jennings, 382 Bryce, Lord, 221,237 Buchanan, James, 380,419, 754c-755c Buchanan,
Pat, 200,201, 751c Buckley v. Valeo (1976), 198,200,202,203,552,803 budget, 744. See also federal budget Bull Moose Progressive Party, 129,133-134 Bunn v. North Carolina (1949),
543 Burdick v. United States (1915), 407-408 bureaucracy, 720c
agencies, 430-435
benefits of, 415
civil service, 437-440
elements of, 415-418, 417c
features of, 414-415
federal, 414-418
titles within, 416-418, 416p bureaus, 418
Burns v. Fortson (1973), 153 Burr, Aaron, 366 Burstyn v. Wilson (1952), 551 Bush v. Vera (1996), 272
Bush, George, 17, 17p, 130-131,131,169,170,
234, 269c, 359, 364, 364p, 388p, 748p, 754c-755c
appointments to Supreme Court, 519
Cabinet appointments, 427,429
cold war and, 488
as commander in chief, 401p, 402
election of 1992,380
Persian Gulf War and, 489
vetoes and overrides, 406c
as vice president, 361 Bush, George W., 125, 141 p, 172, 200, 370m, 371,
374, 751c
business interest groups, 243-244, 243p business organizations, 662-664, 663p, 664p business taxes, 742-743 by-election, 628
Cabinet, 81-82 appointment of, 395 British, 629
choosing members, 427-428
history of, 426-427
role of, 429
women in, 469p, 470 Calhoun, John C, 341, 341p California, 752m
admissions quotas in, 619
admitted to the Union, 99, 100m
affirmative action in, 611,612, 612p
agricultural interest groups in, 245
city government, 728,729
community activists in, 238p
congressional representation of, 263,263c, 326c,
326m
constitution of, 687,688
county government, 719
courts in, 513c, 513m, 711p
elections in, 183, 183m, 193
federal employees in, 425p
federal land in, 304m
freedom of assembly in, 557-558
governors of, 696, 697m
higher education in, 734
Hispanic Americans in, 597
legislature of, 691
local government in, 737
nontax revenues, 743
presidential candidates from, 375
Proposition 13, 740p
statistics about, 750c, 751c
taxes in, 447
term limits in, 701
voter qualifications in, 156,163 California v. Acevedo (1991), 573 Camp David, 358 Camp David Accords (1979), 494 campaigns, 155c
Contributions, 203,803
interest groups and, 251
technology and, 141
television and, 229 Canada, 493
crime rate in, 710c
government of, 15,16, 16c
head of state in, 357c
mass media in, 227c
in NATO, 492
North American Free Trade Agreement, 641,
642-642
taxes in, 296c
Cantwellv. Connecticut (1940), 535, 536c, 543 capital, as factor of production, 659, 659p capital punishment, 586p, 587-588, 587c, 588g,
652, 691,800 capitalism, 658-664, 658p, 659c, 660p, 661p, 663p,
664p
Capitol, U.S., 258p-259p, 260p Carmell v. Texas (2000), 577 Carroll v. United States (1925), 573 Carson City, Nevada, 752m
Carter, James E., 130,169, 188p, 190,269c, 38i
748p, 754C-755C
Cabinet of, 428
draft requirement and, 480
election of, 372, 374, 375, 380-381
foreign policy of, 494
as governor, 696
Panama Canal and, 400p
presidential pardon and, 408, 408p
on the term of office, 358, 358p
vetoes and overrides, 406c categorical grants, 102-103 caucuses, 180-181, 378c-379c caucus-convention process, 372 censorship, 550-551,653 censure, 312
census, 267-269,268m, 594. See also population
Census Bureau, 103,268-269,436
Central Intelligence Agency (CIA), 420,477-478
centralized government, 14
centrally planned economy, 669
certificate approach to Supreme Court, 521
Chae Chan Ping v. United States (1889), 615
Chamber of Commerce of the United States, 243, 243p
Chandlery. Florida (1981), 580
change of venue, 580
Charles I (King of England), 30
Charleston, West Virginia, 753m
charter colonies, 31, 31m, 32
checks and balances, 39,53,259,351,405,503
in State government, 685
interest groups and, 239 Cheyenne, Wyoming, 752m Chiang Kai-shek, 652 Chicago, Illinois, 99, 369m, 656p-657p Chicanos, 597
Chief Justice of the United States, 517 child labor, 69p, 657 Child Online Protection Act (1999), 75 China, 622p-623p
communism in, 14
economic system of, 662,675, 675p
head of state in, 357c
military in( 485c
Nixon and, 488
Open Door Policy, 483-484
political system of, 650-652, 650p, 651m, 652p
population, 6
Chinese Americans, 279,280c, 597-598
Chinese Exclusion Act (1882), 598,615
Chisholm v. Georgia (1793), 76
Churchill, Winston, 18,486,624
CIA. See Central Intelligence Agency
Cincinnati, Ohio, 369m
Citizenship, 2p-3p, 76c, 77,152, 152p, 534
by birth, 613-614
loss of, 614-615
by naturalization, 614, 614c, 615c taxpaying and, 453 city government
charters, 726
forms of, 726-729, 727c, 728c, 729c
growth of, 725
incorporation, 726
municipal functions, 731, 731p
planning, 729-731,730p
zoning, 730-731
City of Erie v. Pap's A&M (2000), 549
City of Philadelphia v. New Jersey (1978), 713,799
City ofRenton v. Playtimes Theaters, Inc. (1986), 549
civil cases, 513
civil law, 7u4
civil liberties, 533,604-605
civil rights, 39,159-163,159p, 162g, 162p, 163p, 533
in cases of emergencies, 409
in State constitutions, 686
public opinion and, 213 Civil Rights Act (1866), 570 Civil Rights Act (1875), 799 Civil Rights Act (1957), 160, 343, 343p, 344,608
Index      179
Civil Rights Act (1960), 161, 608
Civil Rights Act (1964), 298, 533, 570, 596, 599,
604,608-609, 619,802 Civil Rights Cases (1883), 570,604 Civil Rights Commission, 431,608 civil rights movement, 602, 602p civil service, 396
development of, 437-439
Office of Personnel Management, 439-440
pay and benefits, 440
Pendleton Act (1883), 438-439
political activities, 440
profile of employees, 439c
reform of, 438-439
spoils system and, 438, 438p Civil War, 401, 40 7p
African Americans in, 798, 798p
conscription in the, 479-480
Gettysburg Address, 797
political parties and, 128-129 civilian tribunal, 525 Clay, Henry, 128,181 clear and present danger, 547 clemency, 407,699 Clermont (steamboat), 297-298,297p Cleveland, Graver,
99,380,382, 754c-755c Cleveland, Ohio, 369m Clinton v. New York City (1998), 346,407 Clinton, William J., 131,170, 269c, 388p, 402p,
748p, 754C-755C
Cabinet appointments, 427-428, 428p, 429
as commander in chief, 402
Education Flexibility Partnership Act, 346p
election of, 370,374, 375, 379-380, 380
foreign policy of, 80p, 489,494
as governor, 696
impeachment of, 68,311-312, 311p, 312c
vetoes and overrides, 346, 406c, 407 closed primary, 182-183, 183m, 184 Cloture Rule, 343-344 coalitions, 122,628-630 Coast Guard, U.S., 473, 477p Coatesv. Cincinnati (1971), 556
coattail effect, 190 Code of Hammurabi, 780 Cokerv. Georgia (1977), 587 cold war, 485-489, 490, 490c collective naturalization, 614, 614c, 615c collective security, 485 colonial courts,
702p colonies
charter, 31m, 32
population of, 266m
proprietary, 31m, 32
royal, 31-32, 31m Colorado, 752m
admitted to the Union, 100m
affirmative action in, 612
congressional representation of, 326c, 326m
federal court districts and circuits, 513c, 513m
federal land in, 304m
freedom of assembly in, 557
governors of, 696, 697m
natural resources of, 87
presidential elections in, 378
primaries in, 183m
statistics about, 750c, 751c
taxes in, 741
Columbia, South Carolina, 753m Columbus, Ohio, 753m command economy, 669
commander in chief, 80,355,401-403, 401p, 402p,
416,469. See also President, U.S. Commentaries on the Laws of England
(Blackstone), 53 commerce, 46, 80, 80p, 90, 93, 93c, 308,434,739 Commerce and Slave Trade Compromise, 52-53 Commerce Clause, 293,308,713,799,806 Commerce Department,
426c, 460c, 515 commerce power, 297-299,298p
commission government, 728, 728c
commissions, 416, 417c
Committee for Public Education and Religious
Liberty v. Nyquist (1973), 541 Committee for Public Education and Religious
Libertyv. Regan (1980), 541 Committee of the Whole, 339 committee system, in state government, 692 Committees of Correspondence, 36 Commodity Credit Corporation, 435
Commodity Futures Trading Commission, 432c Common Cause, 246,247 common defense, 9-10 common law, 626, 702-703 Common Sense (Paine), 148,148p communications,
regulatory agencies and, 434 Communications Decency Act (1996), 653,804 communism, 14,667-668, 672-676, 672p, 673p,
674p, 675p, 676p Communist Manifesto (Marx and Engels), 667, 672 Communist Party, 132,646,651 Communist Party of Indiana v. Whitcomb (1974),
143, 799-800 community service, 21 Op commutations, 408,699 compensation
of congressmen, 76c, 77,283-284, 283p
of governors, 696
of President, 358
of State legislatures, 690-691 compromise, necessity of, 20 compulsory military service, 479-480, 480p Concord, New Hampshire, 753m concurrent jurisdiction, 508-509, 509c
concurrent powers, 93, 93c concurrent resolutions, 335,335c concurring opinion, 522 confederate government, 15 Confederate States of America, 15 Congressional Budget Office,
461-462 congressional campaign committees, 139 congressional caucus, 368 congressional districts, 691 congressional elections, 189 Congressional Record, 335 Congress, U.S.
act of admission, 100
adjournment of sessions, 265
admitting new States, 99-101, 99p, 100m
African Americans in, 9, 9p
Articles of Confederation and, 44-45
bankruptcy power of, 300, 300c
borrowing power of, 296-297, 454-455
calendars, 337-338
checks and balances, 67-69, 67c
commerce power of, 297-299, 298p
committee chairmen, 325-327
compensation for members, 76c, 77,283-284,283p
conference committees, 333
congressional districts, 270-271
congressional elections, 269-272,269c, 270m, 271p
congressional Web sites, 71
constitutional amendments and, 72-73,73p, 79-80,310
convening of, 320-322, 321p
creation of inferior courts, 507-509, 507c
currency power of, 299-300, 299p
elections and the, 188-189
electoral duties of, 310-311
expressed powers of, 290, 294-300, 295c, 296c, 299c, 300c, 301-304, 302c
federal budget and, 461-462, 461c
federal grants and, 101-103
forbidden powers of, 290
foreign relations powers of, 301
franking privilege, 283
function of, 262
granted powers of, 290
how bills become laws, 334-340,342-346,344p, 345c implied powers of, 290,305-308, 306c-307c, 308, 308c
inherent powers of, 290 investigatory power of, 314, 314p, 347 joint committees, 333 judicial powers of, 304 leadership in, 324-325, 324c lobbying in, 252
members of, 279-284, 279p, 280c, 281p, 282p, 283p
nonlegislative powers of, 310-314, 312c oversight function, 281 party officers, 324-325, 324c postal power of, 302, 302c power to tax, 294-296, 295c, 446-449, 447p, 448c, 739-740
public opinion and, 216-217
reasons for bicameral legislature, 262-263
regulation of immigration, 615-616, 616g
regulatory commissions and, 433
removal power of President and, 396-397, 396p
select committees, 331-333
seniority rule in, 326-327, 327p, 330
sessions of, 264-265
standing committees, 329-333, 330c, 331c, 332c terms of, 263-264, 264c, 267 treaties and, 399-400 veto power of, 67
war powers of, 301-302, 302c, 403 weights and measures and, 303 women in, 2,9, 9p
See also House of Representatives, U.S.; Senate, U.S. Connecticut, 291, 753m admitted to the Union, 100m colonial, 31m, 32
congressional representation of, 326c, 326m
constitution of, 684-685,687
county government in, 718
courts in, 513c, 513m, 711
First Continental Congress and, 36
governors of, 697m
primaries in, 182, 183m
ratification of Constitution, 57c
slavery in, 52c
statistics about, 750c, 751c
voter qualifications in, 156 conscience fund, 454 conscription, 479-480, 480p consensus, 121-122, 292, 636 conservatives, 209c, 209p Constitution Party, 124c, 135 Constitutional
Convention, 35,47,243,687,
790-792
Connecticut Compromise and, 52
New Jersey Plan, 51-53
organization of, 49-50, 50p
Three-Fifths Compromise, 52-53, 52c
Virginia Plan, 51-53 constitutional courts, 507, 507c, 515 constitutional law, 702 constitutional monarch, 627 Constitutional Principles, 1,113,259,351,503,
623, 681
constitutionalism, 65-66 constitutions, 5
amendment process, 686-687, 687p
of China, 651
of England, 626-627
of Japan, 635
of Mexico, 640
of Russia, 648
of Soviet Union, 646
State, 684-688 Constitution, U.S., 73-74 ...admitting new States, 99-101, 99p, 100m -amending the, 65, 65c, 72-77, 72m, 73c, 74p, 75c, 77p, 79-82, 80p, 82p, 310, 335
arguments against adoption of, 790-792
articles of, 65, 65c
Bill of Rights, 532-533, 533p, 534
branches of government, 65,417c
cabinet offices and, 81-82
181         Index
checks and balances, 67-69, 67c
concurrent powers, 93,93c
congressional privileges and, 284
creating the, 48-55
delegated powers^89-91
division of powersjn, 14-15,89
elections and the^ 188-189
exclusive powers, 93, 93c
Executive Article, 390-391
executive powers of, 313-314,354
expressed powers, 89-90
Extradition Clause, 107
federalism and, 70
framers of, 48-49, 49c
Full Faith and Credit Clause, 106-107, 106p
grants-in-aid, 101-102,101c, 101p, 102p
impeachment and, 311-313,311p, 312c
judicial review, 69-70, 69p
limited government and, 65-66,88
loose construction, 126-127
Necessary and Proper Clause, 305-306
origins of, 26-56
outline of, 64-65
political parties and, 119-120
popular sovereignty and, 65,73-74
power to levy taxes, 446-449, 447p, 448c
Preamble, 8,64, 532-533, 533p
presidential succession and, 359-360
principles of, 65-70
Privileges and Immunities Clause, 107-108
ratification of, 54, 56-58, 56p, 57c, 65, 72-77,126
Speech and Debate Clause, 284
state-federal relations, 65, 65c
strict v. liberal construction, 126-127,291-292,291p
Supremacy Clause, 94-95, 95c
Supreme Court decisions and, 519-520
taxing power, 739-740
See also Bill of Rights; Constitution Convention; individual amendments Consumer Products Safety Commission, 432c, 738 containment policy, 486,489 Continental Congress
First, 36-37
Second, 34, 37-38, 299,684 continuing resolution, 462 controllable spending, 459-460 convention nominating process, 181-182 Coolidge, Calvin, 129, 362c, Wo,754c-755c
copyrights, 90, 302-303, 302c, 303c, 515 corporations, 416, 417c, 450,663-664, 663p council-manager government, 728-729,729c Council of Economic Advisors, 422 county
government, 511
function of, 718-719,720
reform of, 720-721
structure of, 719-720, 719c, 720c Court of Appeals for the Armed Forces, U.S., 507,
507c, 525, 525p, 526, 526c Court of Appeals for the Federal Circuit, 515,525 Court of Appeals for Veterans Claims, U.S., 507,
507c, 515, 526, 526c Court of Federal Claims, U.S., 507, 507c, 515,
524-525, 524p
Court of International Trade, U.S., 507, 507c, 515 courts
checks and balances, 67c
courts of appeals, 513-514, 513c, 514c
jury system in, 704-705,706, 706p
State, 702-705, 707-712
See also criminal law; federal courts court-martial, 525 Coxv. Louisiana (1965), 556 Coxy. New Hampshire (1941), 543,556 Coyle v.Smith (1911), 100 Craig v. Boren (1976), 606 crime
bail, 585-586 preventive detention, 586 punishment for, 585-588 criminal cases, 513
criminal law, 704
adequate defense, 581-582 bill of attainder, 577 double jeopardy, 578-579 ex post facto law, 577 Extradition Clause, 107 grand jury, 577-578 indictments, 578 self-incrimination,
582-583 States enforcement of, 106 trials, 579-582
writ of habeas corpus, 576-577 cruel and unusual punishment, 30, 536c, 586-587, 586p, 801
Cruzan v. Missouri (1990), 800 Cuba, 482,483, 486
economic system of, 676, 676p
government of, 15p
Soviet Union and, 376
women in the work force in, 609c Cuban Americans, 170, 557p, 597 Cuban missile crisis, 486 Cultural Revolution, 650 currency power, 299-300, 299p custom duty, 451 cyber-
terrorism, 489
Dallas, Texas, 369m, 729
Davidson v. New Orleans (1878), 564
de facto segregation, 604
de jure segregation, 604
De Tocqueville, Alexis, 238-239,242, 537, 537p
death penalty. See capital punishment
Debate Clause, 801-802
Debs, Eugene V., 121, 134c
Declaration of Independence, 8,34, 38,40-43,
40p, 41p, 42p, 65, 532 Declaration of Paris (1856), 301 Declaration of Rights and Grievances, 36,37 Declaration of Sentiments, 598 Defense Department, 425, 426c, 430, 459, 459p,
460c, 472-473, 472c deficit, 296, 455, 456g DeJongev. Oregon (1937), 535, 536c Delaware, 89, 753m
admitted to the Union, 100m
Annapolis Convention and, 46
Articles of Confederation and, 44
colonial, 31m, 32
congressional representation of, 326c, 326m
constitution of, 685, 687
Constitutional Convention and, 47, 49c
courts in, 513c, 513m, 711
elections in, 183m, 367m
governors of, 697m, 699
slavery in, 52c
statistics about, 750c, 751c
taxes in, 741
voter qualifications in, 153 delegated powers, 89-91 democracy, 5,12-13
concepts of, 18-22, 18p, 19p, 20p, 21 p
elections and, 188-190
foundations of, 18-20
free enterprise system and, 20-21, 20p
public opinion polls and, 221 Democratic National Committee, 139,370 Democratic Party
characteristics of, 122
Great Depression and, 213
history of, 127-131, 128c-129c
national conventions, 368-369, 369m, 373
nomination proces, 179
party caucus, 324
proportional representation rule, 371
resources of, 124c
seniority rule and, 327
voter behavior and the, 169-172
See also election
Democratic Party of California v. Jones (2000), 183
Democratic-Republican Party, 127,180-181,36b 518-519, 518c
demonstrations, 556, 592p-593p
Deng Xiaoping, 651,675
Dennis v. United States (1951), 75,548,800
Denver, Colorado, 369m, 722, 752m
Des Moines, Iowa, 753m
desegregation, 604
Desert Storm, 698
detente, 488
deterrence, 485
Detroit, Michigan, 98, 369m
developing countries, 669
devolution, 631
Dickerson v. United States (2000), 583 Dickinson, John, 36, 49c, 54 dictatorship, 5,13-14, 14p Dillon v. Gloss (1921), ?5 diplomats, 471-472
direct democracy, 12-13,13p, 721,722, 722p
direct popular election, 383-384
direct primary, 182, 183m
direct tax, 296,447^48
disabled Americans, 19, 19p, 237p, 249p, 298p
discharge petition, 336
discrimination, 609-612, 610p, 611p, 612p, 799,
802 See also affirmative action dissenting opinions, 522 district courts, 512-513, 513m District of Columbia, 58,304,334
citizenship in, 613
courts in, 50/, 507c, 510, 513c, 513m, 514, 525
federal judicial districts, 512, 513m
presidential elections and, 182, 183m, 369,370
statistics about, 750c, 751c
Twenty-third Amendment and, 76c
voting in, 149,162 district plans, 382 divine right theory, 7-8 division of powers, 14-15 Dixiecrats, 133
DNC. See Democratic National Committee
docket, 513
doctrine, 308
domestic policy, 422,468
domestic tranquility, 9
Dorr's Rebellion, 98
Dothardv. Rawlinson (1977), 606
double jeopardy, 536c, 578-579
Dover, Delaware, 753m
draft, 479-480, 480p, 804
Dred Scott y. Sandford (1857), 800
due process, 30, 76c
Bill of Rights and, 565-566
examples of, 564p, 565
meaning of, 564-565, 565c
police power, 566-567
right of privacy, 567-568
Due Process Clause, 92,535-536,537,543,565, 740, 800, 801,802, 805 Duncan v. Kahanamoku (1946), 577 Duncan v. Louisiana (1968), 536c, 580 Dunnv. Blumstein (1972), 153
Dyer Act (1925), 506
Economic and Social Council (UN), 496
economic equality, 666
economic protest parties, 133
economic systems. See capitalism; communism;
socialism economy
Federal Reserve System, 445
free enterprise system and, 20-21, 20p
mixed, 21,662 education
admissions quotas, 619
of African Americans, 593,603-604
flag salute, 806
interest groups in, 245-246
Morrill Act, 101
Index
parochial schools, 538,540-542,799
public opinion and, 211
public school systems, 91,92
religion and, 538-542, 539p, 800, 805, 806
State government and, 734, 734g
State universities, 101,108,108c, 108p Education Department, 427c, 460c Edwards v. Aguillard (1987), 540 Edwards v. South Carolina (1963), 800 Eighteenth Amendment, 75,76c, 77
Eighth Amendment, 83, 536c, 585-587,800,801,
802
Eisenhower, Dwight D., 99, 125p, 130, 356,374, 754C-755C Cabinet of, 429
twenty-second amendment and, 357
vetoes and overrides, 406c Elastic Clause, 90-91,305-306,308 elections
administration of, 188-190 casting ballots, 190-194, 192p coattail effect, 190
congressional, 269-272, 269c, 270m, 271p
electronic voting, 193-194
mail-in voting, 193-194, 194p
mandates and, 216
off-year, 269
polling places, 190
precincts, 190
presidential, 269, 269c
process of, 378c-379c
public opinion and, 215-216
role of States in, 103
for State legislatures, 690
voting machines, 192-193 electoral college, 76c, 77,81,366-367, 366c,
367m, 377-382, 380m, 381c
choosing electors, 378
counting votes, 365-366, 378-379, 381c
flaws of, 379-382, 380m, 382c
mass media and, 228-229, 228p
proposed reforms to, 382-384 electoral process, 120-121
elections, 188-194, 188p, 189p, 191c, 192p, 193c
Federal Election Commission, 198-201, 199g
nominating process, 178-186, 178p, 179p, 180c, 181p, 182p, 183m, 184g, 185p, 186p electorate, 129,148,383 electronic voting, 193-194,340 Eleventh Amendment, 76-77,527 Elizabeth
II (Queen of England), 627, 627p, 633,633p Ellsworth, Oliver, 49c Emancipation Proclamation, 798 employment, 103,665, 665p Energy Department, 427c, 459, 460c Engelv. Wfa/e (1962),
539, 800 Engels, Friedrich, 667 England, 702-703. See also Great Britain engrossed bill, 340
entitlement programs, 458-459, 459p, 735,801 entrepreneur, 659 environmental policy, 422 Environmental Protection Agency, 413,418, 460c EOP. See Executive Office of the
President Epperson v. Arkansas (1968), 540 Equal Access Act (1984), 539-540,806 Equal Employment Opportunity Commission, 609 Equal Pay Act (1963), 599 Equal Protection
Clause, 150,153,157, 271, 272, 601-602, 605, 610, 612, 677, 740, 799, 803-804 Equal Rights Amendment (ERA), 75, 77p, 310p Ervin, Sam, 332
Escobedo v. Illinois (1964), 581,582,800 espionage, 477,547-548,804 Establishment Clause, 463, 536c, 537-538,540, 542-544, 799, 800, 802, 805, 806 estate tax, 451,742 Estellev.
Gamble (1976), 587 Estes v. Texas (1965), 580 ethnic conflicts, 402-403
ethnic groups, 600, 600c Euclid v. Amber Realty Co. (1926), 731 European Union (EU), 15 Everson v. Board of Education (1947), 536c, 538 Ex parte Milligan (1866), 577,800 ex post facto law,
577 excludable aliens, 616-617, 616g exclusionary rule, 573-574, 573c, 800,802,805, 805-806
exclusive jurisdiction, 508 exclusive powers, 93, 93c executive agreement, 80,400 Executive Article, 390-391 executive branch, 65, 65c, 66, 417c
checks and balances, 67-69, 67c
establishment of, 51
organization of, 416
relationship with legislative branch, 15-16 of Russia, 648
See also President, U.S.; Vice President, U.S. Executive Calendar, 342 executive departments, 417c, 426c Executive Office of the President, 417c, 418,419,
419p, 420p, 460c executive orders, 394,409,423 executive power, 4,390-391,692,697-698 expatriation, 614-615 exports, 91,477
Export-Import Bank of the United States, 434 expressed powers, 89-90, 290,294-300,295c,
296c, 299c, 300c, 301 -304, 302c Extradition Clause, 107 extraditions, 699 e-voting, 194
factors of production, 658-659,659c fair trial, right to a, 30,57,534 FBI. See Federal Bureau of Investigation FCC v. Pacifica Foundation (1978), 551 federal budget, 421,461-462, 461c
Federal Bureau of Investigation (FBI), 103 Federal Communications Commission, 432c federal courts
appellate court jurisdiction, 509, 509c, 513-514, 513c, 514c
appointment of judges, 509-510,510c, 516, 516p concurrent jurisdiction, 508-509, 509c constitutional courts, 507, 507c court officers, 511
district courts jurisdiction, 512-513, 513m
District of Columbia courts, 525
exclusive jurisdiction, 508
inferior courts, 512-513, 513m, 514c, 515p
jurisdiction of, 508-509, 509c
special courts, 507, 507c, 524-526, 526c
Tax Court, 526, 526c
terms and pay of judges, 510-511
territorial courts, 525
types of, 507-509, 507c, 508c
See also courts
Federal Deposit Insurance Corporation, 434 Federal Election Commission, 198-201, 199g, 431 Federal Emergency Management Agency (FEMA),
9p, 71
Federal Energy Regulatory Commission, 432c federal government, 14-15,53,290
borrowing by the, 454-455
budget, 421,461-462, 461c
income of, 448c
power to levy taxes, 446-449, 447p, 448c
public debt, 455-456, 456g
separation of powers, 66-67
spending by the, 458-461, 458p, 459p, 460c federal grants, 101-103 Federal Highway Administration, 612 federal judges, 311, 395 federal judicial districts, 512, 513m Federal Labor
Relations Board, 440 federal laws, 109
Federal Regulation of Lobbying Act (1946), 254
Federal Reserve System, 432c, 445,454 Federal Trade Commission, 397, 432c, 514 federalism, 1,70,73-74,113,681
bicameral legislature and, 263
cooperative, 101-103, 101c, 101p
court system under, 506
division of powers, 93c
individual rights and, 534-536
political parties and, 138
State government and, 92-93, 93c
Supremacy Clause, 94-95, 95c
Supreme Court and, 95
Federalist Papers, 9, 58, 67, 69,263, 468, 506, 783-790
Federalist Party, 56-58,119,126-127,291,366, 438, 518
on the Alien and Sedition Acts, 547 Feist Publications, Inc. v. Rural Telephone Service Co. (1991), 303
FEMA. See Federal Emergency Management Agency
Fifteenth Amendment, 76c, 77,92,97,149,156,
159-160, 159p, 160,161, 272, 294 Fifth Amendment, 452,525,534, 536c, 577,
578-579, 582, 803
Due Process Clause, 564-568, 565c
private ownership and, 660 filibusters, 343, 343p Fillmore, Millard, 362c, 374, 754c-755c finance, in county government, 719 First Amendment, 59,74,75,285,295,463, 536c,
545, 545p, 653, 799, 800, 801, 802, 803, 804, 805,
806
freedom of assembly and petition, 555-558,555p, 557p
freedom of press, 549,550-553
freedom of religion, 537-544, 538p
freedom of speech, 535,546-553
interest groups and, 236-237, 236p
newspapers and, 225 Fiske v. Kansas (1927), 535 five-minute rule, 339 Five-Year Plans, 650,673-674 Flag Protection Act (1989), 59, 553,805 flags, 4p, 86-87
burning, 59, 69p, 75, 552-553
saluting, 806
Flast v. Cohen (1968), 255,800 Florida, 106,278, 753m
admitted to the Union, 100m
agricultural interest groups in, 245
appellate courts, 514
congressional representation of, 326c, 326m education in, 83, 108c
federal court districts and circuits, 513c, 513m
freedom of religion in, 544
governors of, 697m
Hispanic Americans in, 597
local government in, 732
political campaigns in, 231
presidential elections in, 378
primaries in, 184
Spanish colonies in, 31
statistics about, 750c, 751c
taxes in, 741
term limits in, 701
voter qualifications in, 157 Florida v. J.L. (2000), 520p, 572 forbidden powers, 290 force theory, 7
Ford, Gerald R., 130,380-381, 396p, 754c-755c
Cabinet of, 428
election of 1976,372
Nixon pardoned by, 407
succession of, 311
vetoes and overrides, 406c
as vice president, 361, 362c, 363 foreign affairs, 416
national security and, 468-475
treaties and, 399-400 foreign aid, 491-498
186         Index
foreign policy, 301,401,481-489
Monroe Doctrine, 404, 404p
president's role in, 355 Foreign Service, 470-471 foreign trade, 91,297,422,739 Forsyth County v. Nationalist Movement (1992), 556 Founding Fathers, 36,38,48-49
Adams, John, 36,49,58,127
Burr, Aaron, 366
Franklin, Benjamin, 10,34,35-36, 35p, 37,38,39, 49c, 52, 54
Hamilton, Alexander, 49c, 51, 56, 58, 58p, 69, 291-292
Jefferson, Thomas, 8,10,37,38, 40p, 49,62,76, 291-292
Madison, James, 9, 49c, 50, 51, 54, 56, 57, 58, 69, 78, 78p
political parties and, 119-120 Washington, George, 36,37, 37p, 46, 49c, 50, 50p, 57, 62p
Fourteenth Amendment, 76c, 77,92,97,107,150,
153,157, 271, 294, 315, 533, 534, 535-536, 536c,
537,677,730, 740, 799,800, 801, 802, 803, 805
citizenship and, 613
corporations and the, 664
cruel and unusual punishment, 586-587, 586p
Due Process Clause, 535-536, 564-568, 565c
Equal Protection Clause, 601-602,610,612
freedom of assembly and petition, 555-558,555p, 557p
private ownership and, 660 Fourth Amendment, 523, 523c, 536c, 571-574,
589, 802, 803,805
freedom of press, 549,550-553
freedom of speech, 546-553 Fox, Vincente, 641 p, 642,643 France, 264c
economic system of, 662
government of, 8, 15p
military in, 485c
in NATO, 492
revolution in, 57m
settlers from, 28
Vietnam and, 487 Frankfort, Kentucky, 753m franking privilege, 283 Franklin, Benjamin, 10, 39, 52, 446
Albany Plan of Union, 35-36
at Constitutional Convention, 49c
and Declaration of Independence, 38
as diplomat, 468p
at Second Continental Congress, 34,35, 35p, 37
U.S. Constitution and, 54 Frazee v. Illinois (1989), 544 free enterprise system, 20-21, 20p, 659-661, 660p Free Exercise Clause, 536c, 542-544,805,806 free market system, 675 Free
Soil Party, 132
freedom of assembly and petition, 91, 536c, 555, 555p, 800
guarantee of association, 558
private property, 557-558
public property, 556-557 freedom of religion, 57,91,463, 530p-531p,
537-544, 538p, 545, 545p, 806
and education, 538-542, 539p
Establishment Clause, 537-538, 540, 542-544
evolution theory, 540
Free Exercise Clause, 542-544
Lemon Test, 540-542, 540c
prayers, 539, 539p
seasonal displays, 542, 542p
separation of church and state, 538
student religious groups, 539-540 freedom of speech, 57, 59,74,91,533,535, 536c,
546-553, 799, 800, 801,804
Alien and Sedition Acts, 547-548, 547p
commercial speech, 553
flag burning, 552-553
on the Internet, 531
media and, 550-551
obscenity, 548-549
prior restraint, 549-550
symbolic speech, 551-552,552p freedom of the press, 57,74,91,225, 534, 536c,
549, 550-553, 803, 804 Frontiero v. Richardson (1973), 606 Frothingham v. Mellon (1923), 255 Full Faith and Credit Clause, 106-107, 106p Fullilove v. Klutznick (1980), 610-611
fundamental laws, 686,688 Furman v. Georgia (1972), 587,691,800
Gadsden Purchase, 100m, 482 Gaines v. Canada (1938), 603 Galloway, John, 36 Gallup Organization, 218 Galveston, Texas, 728 gambling, 92, 452
Garfield, James A., 360,380,382, 391p, 438, 754C-755C
Gaylev. Browder (1956), 605
gender classification, 605
General Assembly (UN), 495-496,689
General Court, 689
general election, 178-179
general welfare, 10
George III (King of England), 8, 35, 37
Georgia, 106, 753m
admitted to the Union, 100m
appellate courts, 514
colonial, 31, 31m, 32, 263
congressional districts, 271-272
congressional representation of, 326c, 326m
constitution of, 685,688
elections in, 184, 367m
federal court districts and circuits, 513c, 513m
freedom of assembly in, 556
governors of, 695, 696, 697m
legislature in, 685
national conventions in, 369m
ratification of Constitution, 57c
slavery in, 52c
statistics about, 750c, 751c
voter qualifications in, 147,153-154,156,157,162 Georgia v. McCollum (1992), 581 Gephardt, Richard, 216p Germany, 122p
economic system of, 662
government of, 15
taxes in, 296c
World War I and, 484
World War II and, 13, 14p, 484-485 gerrymandering, 159,160, 270, 270p Gerry, Elbridge, 49c, 54,271p Gettysburg Address, 12, 18p, 797 Gibbons)!. Ogden(1824), 297-298,690,800-
801 Gideon v. Wainwright (1963), 532, 536c, 581,584,
584p, 801
Ginsberg, Ruth Bader, 395p, 552p, 572, 572p
Gitlow v. New York (1925), 535, 536c, 691,801
Gladstone, William E., 48,123
Glorious Revolution, 30, 34
Goldberg v. Kelly (1970), 441,801
Goldman v. Weinberger (1986), 543
Goldwater, Barry, 130,190, 373, 375
Gomillionv. Lightfoot (1960), 160, 272
Good Friday Peace Agreement (1998), 631
Good Neighbor Policy, 483
GOP. See Republican Party
Gorbachev, Mikhail, 390p, 488,646-647,674
Gore, Albert, Jr., 125,170,172, 200,323, 339A 751C
campaign of, 118p, 371p
election of 2000, 372
as vice president, 363 Gossv. Lopez (1975), 801 government
central, 57
civil liberties, 533
civil rights, 533
colonial, 263
definition, 4 division of powers, 89 dual system of, 101
forms of, 5,12-16, 73A 14p, 15c, 16c free enterprise system and, 21 geographic distribution and, 14-15 history of, 5
laissez-faire theory, 662 levels of, 88-89 of Native Americans, 30 origins of, 26-56 parliamentary, 66 participation in, 12-14 powers of, 4-5 purpose of, 8-10
relationship between branches of, 15-16 republican form of, 97-98 under Articles of Confederation, 44-45,44-46 See also federal government; limited government; local government;
national government; State government
government corporations, 434-435 governors
compensation of, 696
qualifications of, 694-695
removal of, 696
roles of, 696-699
selection of, 695
State government and, 694-700
succession of, 695-696
term of, 695 grand jury, 511, 534, 536c, 577-578, 704 Grand Old Party. See Republican Party Grand Rapids School District v. Ball (1985), 541 granted powers, 290
grants-in-aid, 101-102, 707c, 101p, 102p
Grant, Ulysses S., 754c-755c
grass roots lobbying, 253
Grayned v. City of Rockford (1972), 556
Great Britain
Act of Union (1707), 34
bicameral legislature, 262-263
Bill of Rights, 29,30
Board of Trade, 34,35
colonies of, 28, 30-38
economic system of, 662, 666p, 667-668, 667p
Glorious Revolution, 30, 34
government of, 16, 76c, 624p-625p, 626-632, 626p, 627p, 628p, 629p, 630m, 631p, 632p
independence from, 9
Industrial Revolution in, 667-668, 667p
Labour Party, 671, 671p
in NATO, 492
Parliament in, 14,16, 76c
Petition of Right, 30
Privy Council, 34
in World War II, 400
See also England; United Kingdom Great Depression, 101,129-130,213 Great White Fleet, 401
Greater New Orleans Broadcasting Association v.
United States (1999), 553 Green Party, 121, 724c, 135 Greenback Party, 133,299 Greenspan, Alan, 455, 455p Greer v. Spock (1976), 550 Gregg v. Georgia (1976), 587,801 Gregory
v. Chicago (1969), 556-557 Griswold v. Connecticut (1965), 567,801 GSA. See General Services Administration Guam, 100m, 267, 304, 334, 369,482, 613 guarantee of association,
558 Guinn v. United States (1915), 156 Gulf of Tonkin Resolution (1964), 641 Gulf War, 402 gun control, 309p, 804
debate, 249,250p
laws, 235,571, 577c
zones, 307
Gun Control Act (1968), 109
Index
189
Gun-Free School Zones Act (1990), 298,806
Habeas Corpus Act (1863), 577
habeas corpus, writ of, 576-577
Habitat for Humanity, 242p, 625
Hamilton, Alexander, 58, 58p. 69,119,126-127,391
at Constitutional Convention, 49c
The Federalist, 787-790
on foreign affairs, 468
judicial branch and, 506
as liberal constructionist, 291-292
ratification of Constitution and, 56
on the, presidency, 356,365
Secretary of Treasury, 306
Virginia Plan and, 51
in Washington's Cabinet, 426 Hammurabi's Code, 28,780 Hancock, John, 37, 42p, 43,49, 56 Harding, Warren G., 129, 391p, 754c-755c Harper v. Virginia State Board of Elections (1966),
157,162
Harris Survey, 218
Harrisburg, Pennsylvania, 753m
Harrison, Benjamin, 380,408
Harrison, William Henry, 128, 359,382, 754c-755c
Hartford, Connecticut, 753m
Hastert, Dennis, 323, 323p
Hatch Act (1939), 440
Hawaii, 752m
admitted to the Union, 100, 100m, 268
annexation of, 400,482
congressional representation of, 326c, 326m
constitution of, 687
county government in, 719
courts in, 513c, 513m, 711p
governors of, 697m, 699
nontax revenues, 743
Pearl Harbor, 484,577
presidential elections in, 183m, 370,372
statistics about, 750c, 751c
voting in, 153,188 Hawlkev. Smith (1920), 74 Hayes, Rutherford B., 380, 391p, 754c-755c Haz&lwood School District v. Kuhlmeier (1988),
55j0, 801
Head Money Cases (1884), 399 Health and Human Services Department, 103,425, 426c, 460c
Hiart of Atlanta Motel v. United States (1964), 298, 315, 608, 801 Helena, Montana, 752m Henry, Patrick, 36,49,56,57 Wcklinv. Orbeck (1978), 108

B   ierarchical authority, 414-415 igher education, 733p, 734 Highway system, 90,307, 734g, 736-737 /if///v. Colorado (2000), 557 Hill v.Stone (1975), 150 Hispanic Americans jn civil
service, 439c discrimination against, 597 copulation of, 594, 595c, 597, 757c In President's Cabinet, 428, 428p [rating rights of, 163 See also Latinos; specific nationalities ispanic
Caucus, 291 Hitler, Adolf, 74A 17,484 Ho Chi Minh, 487,676 Hobbes, Thomas, 7,8 Hobbiev. Florida (1987), 544 Holmes, Oliver Wendell, 20, 95,449, 533, 546, 547 home rule, 722
Honolulu, Hawaii, 752m Hoover, Herbert, 129,356,397, 754c-755c House of Commons, 627,628,629p House of Councillors (Japan), 635 House of Delegates, 689 House of Lords, 627-
628, 628p House of Representatives (Japan), 635-636 House of Representatives, U.S.
benefits for members, 283,284
calendars, 337-338
committee chairs, 337c
Committee of the Whole, 339
Committee on Standards of Official Conduct, 330
compensation for members, 282-284,283p
conference committees, 333,344-346
differences between Senate and, 272c
electoral duties of, 310-311,379
establishment of, 51
Ethics Committee, 273
how bills become laws, 334-340,342-346, 345c impeachment and, 311-313, 377A 372c joint committees, 333 Journal, 335
Judiciary Committee, 313, 318p-319p
members of, 279-284, 279A 280c, 281p, 282p, 283p
off-year elections and, 269,269c
opening day, 320-321, 327p
qualifications for members, 272-273,273p
reapportionment and, 267-269,268m
Rules Committee, 330,331,338
select committees, 331-333
size and terms of, 267
Speaker of the House, 321,322-323, 323A 360
special sessions of, 265
standinjg committees, 329-333, 330c, 331c Housing! and Urban Development Department,
427c, 460c Houston,! Texas, 369m Hoytv. Florida (1961), 605 human rights, 497-498
Humphrey's Executory. United States (1935), 397 Humphrey, Hubert, 130,323,381, 337c Hutchinson v. Proxmire (1979), 284, 285,801-802 Hylton v. United States (1796), 518
Idaho, 752m
admitted to the Union, 100m congressional representation of, 326c, 326m corrections system in, 736 education in, 708c
federal court districts and circuits, 573c, 513m
federal land in, 304m
governors of, 696, 697m
nontax revenues, 743
primaries in, 183m
ranching in, 335
statistics about, 750c, 751c
voter qualifications in, 156,163,173 ideological parties, 132 Illinois, 753m
admitted to the Union, 700m
congressional representation of, 326c, 326m
constitution of, 687,688
federal court districts and circuits, 573c, 513m
freedom of assembly in, 556
freedom of religion in, 544
governors in, 694, 697m
national conventions in, 369m
presidential candidates from, 375
presidential elections in, 183m, 383
statistics about, 750c, 751c Illinois v. Perkins (1980), 583 Illinois M . Wardlow (2000), 573, 589, 802 immigrants, 91,103
deportation of, 617
laws, 394
population of, 594, 595c, 616-617, 616g quotas, 616, 616c regulation of, 615-616, 616g Immigration and Naturalization Service v. Lopez-Mendoza (1984), 617
Immigration and Naturalization Service (INS), 394,
478, 478p, 614, 617-618 Immigration Reform and Control Act (1986), 618 immunity
diplomatic, 471-472 presidential, 803
impeachment, 311-313, 377A 372c
of judges, 510 process, 396-397 imperial presidency, 392
implied powers, 90-91, 290, 305-308, 306c-307c,
308c "V
In re Gault (1966), 802 In re Kemmler (1890), 586 income tax, 90, 283, 448, 449-450, 449c, 741-742 independent agencies, 395,417c, 431, 432c,
434-435
independent regulatory commissions, 430-434,432c Independent Party, 121 independents, 171-172 Indiana, 753m
admitted to the Union, 100m
congressional representation of, 326c, 326m
federal court districts and circuits, 573c, 573m
freedom of religion in, 544
governors in, 697m
primaries in, 733m
statistics about, 750c, 751c Indiana ballot, 192 Indianapolis, Indiana, 753m Indians. See Native Americans individual naturalization, 614, 614c, 615c individual rights, federalism and,
534-536 individual worth, 18-19 Industrial Revolution, 667-668, 667p inferior courts, 507-509, 507c, 512-513, 573m,
574c, 575p
Ingraham v. Wright (1977), 83,802 inherent powers, 91,290 initiatives, 687,693 injunction, 161,703 intellectual property, 302-303, 303c interest groups
agricultural, 245,245p
business, 243-244, 243p
campaigns and, 251
criticism of, 240
function of, 238-239
labor groups, 244-245,244g
lobbying and, 251-254, 252A 253p
political action committees and, 251, 251g
political parties and, 237-238,250-251, 251g
propaganda and, 249-250
public affairs and, 238,239-240
public opinion and, 216,249
public policy and, 236-237,239-240
public-interest, 247
religious, 247
single-interest groups and, 251
types of, 242-247 Interior Department, 426c, 460c Internal Revenue Service (IRS), 449-450,453,526,
526c
International Court of Justice (UN), 496-497, 496p
International Monetary Fund, 497
Internet
censorship and, 75
democracy and, 22
electronic voting, 193-194
First Amendment and the, 536
free speech on the, 531
as mass media, 211, 272c, 223
presidential campaigns and, 370m
presidents on the, 358,397
regulation of the, 653
sales tax on, 741
using for research, 71
using government sources, 436
vice presidents on the, 363 interstate commerce, 90,93, 93c, 308,434,739 interstate compacts, 105,108 interstate trade, 297,690,713 Inter-American Treaty of Reciprocal
Assistance, 493 Intolerable Acts, 36 investigatory power, 314, 314p involuntary servitude, 569-571, 569p Iowa, 753m
191          Index
admitted to the Union, 100m
caucuses in, 372, 372p
congressional representation of, 326c, 326m
constitution of, 687
federal court districts and circuits, 573c, 573m
federal employees in, 425p
governors of, 697m
nontax revenues, 743
presidential elections in, 184,370
statistics about, 750c, 751c
voter qualifications in, 153 Iran-contra affair, 332-333 Iroquois League, 30 IRS. See Internal Revenue Service isolationism, 468,481-482,484 Israel, 264c, 401, 485c, 491, 494 issue
ads, 202
Italy, 13,122, 227c, 492, 670g item veto, 699
Jackson, Andrew, 128,181,313,380, 754c-755c
Cabinet of, 429
spoils system, 438, 438p Jackson, Mississippi, 753m Jacobson v. Massachusetts (1905), 543 Jamestown settlement, 31,34,684, 684p Japan, 264c
capitalism in, 658
crime rate in, 770c
head of state in, 357c
mass media in, 227c
military in, 485c
political system of, 627,634-638, 634p, 635p, 636p,
637c, 638m taxes in, 296c
trade with United States, 483 World War II and, 484
Japanese Americans, 247,409,532,534, 535p, 598
Jay, John, 36,58, 58p
Jefferson City, Missouri, 753m
Jeffersonian Republicans, 127
Jefferson, Thomas, 8, 40p, 49,263, 754c-755c
Alien and Sedition Acts and, 547
Anti-Federalists and, 119,126-127
appointments of, 419,438
as commander in chief, 401
Constitution and, 62,76
Declaration of Independence and, 38
election of, 77,311,366
on equality, 19
on the Establishment Clause, 538 on foreign policy, 481 on justice, 9 on laws, 393 on liberty, 10
Louisiana Purchase and, 482
at Second Continental Congress, 37
as secretary of state, 470
as strict constructionist, 291-292,291p, 306
as vice president, 362
in Washington's Cabinet, 426 Jiang Zemin, 651p, 675p Jim Crow laws, 602-604 Johnson v. Santa Clara Transportation Agency
(1987), 611,802 Johnson, Andrew, 754c-755c
impeachment of, 68, 311, 377/?, 372c, 396
Seward's Folly and, 482
as vice president, 362c Johnson, Lyndon B., 98,130,201,323,352,
754C-755C
Cabinet of, 428
civil rights and, 161
as commander in chief, 401p
succeeds Kennedy, 359p
on the term of office, 358
as vice president, 362c
Vietnam War and, 355,487 John (King of England), 29-30, 29p, 33, 33p Joint Chiefs of Staff, 420,473
joint resolutions, 335, 335c Jones v. Mayer (1968), 570 judges
appointment of, 509-510, 570c
impeachment of, 510
numbers of, 570c
selection of, 711-712, 771p
terms and pay of, 510-511
judicial branch, 65, 65c, 66, 477c
civil cases, 513
criminal cases, 513
dual court system, 506
inferior courts, 512-513, 573m, 574c, 515p
jurisdiction of federal courts, 508-509, 509c
role of, 505
spending by, 460c
See also courts; federal courts; state courts; Supreme Court, U.S. judicial power, 4-5,692,699 judicial review, 69-70, 69p, 113, 503,519,681 Judiciary Act (1789), 79,517,518 jurors,
581, 706, 706p
selection of, 705
in State courts, 704-705 jus sanguinis, 356, 613,614, 675c jus soli, 613
Justice Department, 425, 426c, 460c, 478 justice of the peace, 707-708 juvenile courts, 708-709, 708g
Kahn v. Shevin (1974), 606 Kansas, 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
federal court districts and circuits, 573c, 573m
governors in, 696, 697m
primaries in, 783m
statistics about, 750c, 751c
townships in, 722
voting in, 153,170 Kansas City, Missouri, 369m Kelleyv. Johnson (1976), 552 Kennedy, Anthony, 514, 522p Kennedy, John F., 99,130,170,213,318,375,
754c-755c
age of, 356, 356p
assassination of, 359p
Cabinet of, 429
election of 1960,380,382
vetoes and overrides, 406c
Vietnam War and, 487 Kentucky, 753m
admitted to the Union, 99, 700m
congressional representation of, 326c, 326m
courts in, 573c, 573m, 711
elections in, 783m, 367m
governors of, 697m
legislature of, 691
statistics about, 750c, 751c
voter qualifications in, 153 Kentucky v. Dennison (1861), 107 Kilbourn v. Thompson (1881), 284 Kimble v. Swackhamer (1978), 74 King, Martin Luther, Jr., 9, 99,160,161, 163p, 213,
556,596,608, 608p King, Rufus, 49c Kissinger, Henry, 470 Kitchen Cabinet, 429
Klopferv. Norm Carolina (1967), 536c, 579
Know Nothing Party, 132
Korean War, 486-487, 496, 676
Korematsu v. United States (1944), 409,534,605,802
labor
as factor of production, 659, 659p groups, 244-245, 244g laws, 691
unions, 90, 244-245, 244g Labor Department, 426c, 460c Lafayette, Marquis de, 481 p
LaFollete, Robert, 133,187, 187p laissez-faire theory, 661-662 land
as factor of production, 658-659, 659c
use laws, 92, 92p Lansing, Michigan, 753m Latinos, 31
in Congress, 279, 280c, 291p
majority-minority districts, 272
political party membership of, 123
population statistics, 600, 600c
redistricting and, 274
voting behavior of, 170,171, 171 p
in Washington, D.C, 214, 214p law enforcement, 89p, 92,103,105,107 law of supply and demand, 21 laws
Hammurabi's Code, 28
how bills become, 334-340, 342-346, 344p, 345c Roman, 28
See also public policy League of Nations, 400,484 League of Women Voters, 246, 252p Lee v. Washington (1968), 605 Lee v. Weisman (1992), 539 Lee, Richard Henry,
36,38,44,49,56,57,790-791 Legislative Assembly, 689 legislative branch, 65,65c, 66,477c
bicameral, 31-32,51,262-263,685,689
checks and balances, 67-69, 67c
colonial, 31
establishment of, 51
executive branch and, 15-16
spending by, 460c
state, 689-693
unicameral, 32,38,44, 51,89
See also Congress, U.S.; House of Representatives, U.S.; Senate, U.S. legislative courts, 507,507c, 524-526, 526c legislative power, 4,698-699 Lemon Test, 540-542,540c Lemon v.
Kurtzman (1971), 541,802 Lend-Lease program, 491 L'Enfant, Pierre-Charles, 730p Lenin, V.I., 645, 645p, 674 Lexington and Concord, Battles of, 37 libel, 546-547
liberal constructionists, 291-292
liberals, 209c, 209p
Libertarian Party, 121, 724c, 132,135
Library of Congress, 436
licenses, 92,106-107,706/?, 107p
lieutenant governor, 699-700
limited government, 39,53,65-66,88,259,290,
351,503, 533-534,623, 681
in English colonies, 29
in State government, 685 Lincoln, Abraham, 21,128, 754c-755c, 754p
Cabinet of, 429
as commander in chief, 401, 401p
election of 1860,380
Emancipation Proclamation, 798
Gettysburg Address, 12, 78/?, 797, 797p
on individual freedom, 20
on writ of habeas corpus, 576 Lincoln, Nebraska, 752m line item veto, 346,406-407, 406c literacy, 156-157, 156p, 161,162,163 Little Rock, Arkansas, 99, 753m Livingston, Philip, 36
Livingston, Robert, 38 Lloyd Corporation v. Tanner (1972), 557 lobbying, 251-254, 252p, 253p Lobbying Disclosure Act (1995), 254 local government, 91,92,718
employees in, 437
lulu payments, 103
national government and, 93-94
special districts, 722-723, 723p, 732
voting issues in, 745
Index       193
See also city government; county government; town government Locke, John, 8,11, 1 1p, 53 Los Angeles, California, 291, 369m Louisiana, 278, 753m
admitted to the Union, 100m
congressional representation of, 326c, 326m
constitution of, 688
county government in, 718
court system of, 513c, 513m, 702,711
elections in, 184,189
governors of, 695, 696, 697m
legislature of, 690
national conventions in, 369m
statistics about, 750c, 751c
voter qualifications in, 156,157,162 Louisiana Purchase (1803), 100m, 306,482 Louisiana v. Resweber (1947), 586 Loving v. Virginia (1967), 605 Lukumi Bablu Aye v. City of Hialeah (1993),
544 Luther \i. Borden (1849), 98 Lynch v. Donnelly (1984), 542 Lyng v. Northwest Indian Cemetery Protective
Association (1988), 543
Madison, James, 9,58,69,127,238,262,263, 275, 415, 754C-755C on Bill of Rights, 78, 78p on checks and balances, 405 as commander in chief, 401 at Constitutional Convention,
49c, 50,51 The Federalist, 783-787 Marbury v. Madison, 69-70,518-519, 518c ratification of Constitution and, 56, 57 U.S. Constitution and, 54 Virginia Plan, 781-782
Madsen v. Women's Health Services, Inc. (1994), 557 Magna Carta (1215), 29-30,33,626,626p Maine, 753m
admitted to the Union, 99, 100m
congressional representation of, 326c, 326m
court system in, 573c, 513m, 710
elections in, 183m, 217,378
governors of, 695, 697m, 699
statistics about, 750c, 757c
voting in, 156,170 majority opinion, 522 majority whip, 325 majority-minority districts, 272 Malioy v. Hogan (1964), 536c, 582 mandatory referendum, 693 Manifest Destiny, 482 Mao
Zedong, 650, 650p, 652,675 Mapp v. Ohio (1961), 536c, 573-574, 802 Marbury v. Madison (1803), 69-70,81,518-519,
578c, 802
Marchettiv. United States (1968), 452 Marine Corps, U.S., 473,474 market economy, 669 Marsh v. Chambers (1983), 542 Marshall Plan, 491
Marshall, John, 57, 81, 81 p, 95,104, 298, 300, 313, 504, 519, 740
Martin, Luther, 49c, 791-792 Marx, Karl, 667, 667p, 672-673 Maryland, 291, 753m
admitted to the Union, 100m
Annapolis Convention, 46-47
Articles of Confederation and, 44
colonial, 31m, 32
congressional representation of, 326c, 326m
constitution of, 685,687
court system in, 573c, 573m, 710
electoral votes of, 380m
federal employees in, 425p
governors of, 697m
ratification of Constitution, 57c
slavery in, 52c
statistics about, 750c, 751c
voter qualifications in, 156
Maryland v. Garrison (1987), 573c Mason, George, 49c, 54,57,365 mass media
electoral politics and, 228-229, 228p freedom of speech, 550-551 limits on, 229-230 lobbying and, 253 political parties and, 117 politics and, 196, 202, 228-229, 228p and the
President, 391-392 propaganda and, 17,250 public agenda and, 228 public opinion and, 211-212, 212c, 216 role of, 223-228, 225g, 226c, 228c voting behavior and, 229
Massachusetts, 753m admitted to the Union, 700m colonial, 31,37m
congressional representation of, 326c, 326m
constitution of, 685, 687, 688
court system in, 573c, 573m, 709,710, 711
education in, 708c
elections in, 783m, 367m
First Continental Congress and, 36
governors of, 694, 697m, 699
New England Confederation, 35
ratification of Constitution, 57c
separation of powers, 66-67
Shays' Rebellion, 46, 46p
slavery in, 52c
State constitution, 38-39
statistics about, 750c, 751c
voter qualifications in, 156 Massachusetts ballot, 191,191 p mayor-council government, 726-728, 727c McCain, John, 125, 141p, 371 McCarthy, Eugene, 779ft 180 McCollum v. Board
of Education (1948), 538 McCulloch v. Maryland (1819), 81,95,104,300,
306-308, 307-308,448, 690, 739-740, 802 McDanielv. Paty (1978), 544 McGovern, George, 130,190,375 McGowanv. Maryland (1961), 543 McKinley, William, 129, 382, 391p, 400,
754c-755c Medicaid, 458, 735 Medicare, 450,458 metropolitan areas, 731-732 Mexican Americans, 170,247,597 Mexican War, 482 Mexico, 644, 644p
ceded California, 99
government of, 15
Mexican War and, 482
North American Free Trade Agreement, 641,
642-643
political system of, 639-643, 639p, 642m, 643p revolution in, 57m Spain and, 639
Miami Herald Publishing Co. v. Tornillo (1974),
231,803
Miami, Florida, 369m, 716p-717p
Michael M. v. Superior Court (1981), 602,606
Michigan, 98, 753m
admitted to the Union, 700m
congressional representation of, 326c, 326m
constitution of, 687
courts in, 573c, 573m, 711
education in, 708c
farmers in, 300p
governors of, 696, 697m, 699
national conventions in, 369m
nontax revenues, 743
presidential elections in, 182, 783m, 378
statistics about, 750c, 751c
term limits in, 701 Michigan v. Sitz (1990), 573 Michigan v. Tyler (1978), 572 Microsoft Corporation, 661, 661p Middle East, 489,491, 494, 494p military, 416
civil control of, 472-473, 472c
departments, 473-475,473g
President as commander in chief, 80
Selective Service System, 479-480, 480p
women and the, 804
See also armed forces Military Selective Service Act (1971), 499 Miller v. California (1973), 548 Mill, John Stuart, 114 Milwaukee, Wisconsin, 753m Minersville School District v. Gobitis (1940),
544 Minneapolis, Minnesota, 369m, 753m Minnesota, 753m
admitted to the Union, 700m
congressional representation of, 326c, 326m
courts in, 573c, 573m, 711
governors of, 695p, 696, 697m, 699
Lemon Test in, 541
presidential elections in, 783m, 370,372
statistics about, 750c, 751c
voter qualifications in, 152,156 Minnesota v. Carter (1999), 572 minor parties, 119,132-136,132ft 733c, 734c, 735c
bipartisanship and, 120-121
importance of, 134-135
types of, 132-134, 733c minority set-aside, 610-611 minority whip, 325 Miranda Rule, 582-583 Miranda v. Arizona (1966), 582-583,803 Mississippi, 753m
admitted to the Union, 700m
congressional representation of, 326c, 326m
constitution of, 685
courts in, 573c, 573m, 711
elections in, 184,189
governors of, 695, 697m
integration in, 604
legislature of, 690
nontax revenues, 743
statistics about, 750c, 751c
taxes in, 447,741
voter qualifications in, 156,157, 757ft 162 Missouri, 753m
admitted to the Union, 700m
campaign contributions in, 203
congressional representation of, 326c, 326m
constitution of, 687
courts in, 573c, 573m, 712
governors of, 697m
primaries in, 783m
statistics about, 750c, 751c Missouri Compromise, 800 Missouri Plan, 711,712 Missouri v. Holland (1920), 399 Mitchell v. Helms (2000), 542 mixed economy, 21,662 moderates, 209c,
209p Mondale, Walter, 130,169,323 money, 90p, 92, 299-300, 299p, 452, 454 Monroe Doctrine, 404, 404p, 482,483 Monroe, James, 57, 754c-755c Montana, 89,482, 698p, 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
constitution of, 687,688
courts in, 573c, 573m, 711
elections in, 783m, 193
federal land in, 304m
governors of, 696, 697m
legislature of, 691
nontax revenues, 743
primaries in, 783m
statistics about, 750c, 751c
taxes in, 741
voting in, 177 Montesquieu, Baron, 53 Montgomery, Alabama, 753m Montpelier, Vermont, 753m Morrill Act (1862), 101
195          Index
Morris, Gouverneur, 49c, 54
Morris, Robert, 49c
Motor Voter Law (1995), 155-156,161
Mueller v. Allen (1983), 541
multiparty systems, 122, 122p
municipal courts, 708
municipalities, 722
Murray v. Cur/en* (1963), 539
Mutual Film Corporation v. Ohio (1915), 550
Myers v. United States (1926), 396-397
NAACP. See National Association for the Advancement of Colored People Nader, Ralph, 121,247
NAFTA. See North American Free Trade Agreement NASA. See National Aeronautics and Space Administration
Nashville, Tennessee, 753m
National Aeronautics and Space Administration
(NASA), 430, 430p, 460c, 478-479, 479p National Association for the Advancement of
Colored People, 247,558 National Association for the Advancement of
Colored People v. Alabama (1958), 558 National Association of Manufacturers, 243,247 National Broadcasting Co. v. United States (1943), 551 national convention, 7 14p-115p, 138,310,
368-369, 369m, 372-375, 374c, 375p, 378c-379c national debt, 296-297,457 National Diet (Japan), 635-636, 636p national government, 14-15,53
admitting new States, 99-101, 99p, 100m
concurrent powers, 93, 93c
defense system, 89p
division of powers, 89
exclusive powers, 93, 93c
grants-in-aid, 101-102, 707c, 707p, 102p
local governments and, 93-94
obligations to the states, 86-87,97-98, 98c
powers denied the, 91-92
powers of, 89-91
response to invasion and internal disorder, 98-99
states aid to, 103
Supremacy Clause, 94-95, 95c
territorial integrity of States, 99 National Guard, 103,698, 698p National Labor Relations Board, 432c, 514 National Republican Party, 128 national security, 447,468-475 National
Security Act (1947), 472,473,475,478 National Security Council, 420-421,477 National Transportation Safety Board, 431 National Treasury Employees Union v. Von Raab
(1989), 574
National Urban League, 247 nationalization, 641,668 Native Americans
in Alaska, 100
citizenship of, 613-614
in civil service, 439c
in Congress, 121,279, 280c
discrimination against, 596-597
European settlers and, 28
freedom of religion and, 543
government of, 30
in Mexico, 639
in Minnesota, 683
population of, 595c, 600, 600c
voting rights of, 161,163 NATO. See North Atlantic Treaty Organization Natural Law Party, 121, 124c, 135 naturalization, 103,302, 302c, 614, 614c, 615c Navy, U.S., 401,474-475, 475p
Near v. Minnesota (1931), 535, 536c, 549 Nebraska, 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
county government in, 719
court system in, 573c, 573m, 709
freedom of religion in, 540,542
governors of, 696, 697m legislature of, 685,689,690 primaries in, 783m statistics about, 750c, 751c voting in, 154,170
Nebraska Press Association v. Stuart (1976), 549 Necessary and Proper Clause, 90-91,305-306,
308, 802, 805 Nevada, 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
courts in, 573c, 573m, 711
federal land in, 304m
governors of, 696, 697m
impeachment of judges in, 510
legislature of, 691
nontax revenues, 743
presidential elections in, 783m, 370,372
statistics about, 750c, 751c
taxes in, 741 New Deal, 101,130 New England, 721,722, 722p New Hampshire, 89,519, 753m
admitted to the Union, 700m
colonial, 31, 37m
congressional representation of, 326c, 326m
constitution of, 685, 687, 688
courts in, 573c, 573m, 711
election of 1800,367m
governors in, 695, 697m, 699
impeachment of judges in, 510
nontax revenues, 743
presidential primaries in, 115, 783m, 370, 371p, 372, 372p
slavery in, 52c
State constitution, 38
statistics about, 750c, 751c
taxes in, 741
town meeting in, 73p
U.S. Constitution and, 48, 57, 57c
voter qualifications in, 156 New Jersey, 89, 753m
admitted to the Union, 700m
colonial, 31, 37m, 32, 34
congressional representation of, 326c, 326m
constitution of, 685, 688
elections in, 783m, 189, 367m
federal court districts and circuits, 573c, 573m
governors of, 695,696, 697m, 699
Hispanic Americans in, 597
interstate compacts of, 105
legislature of, 690
local government in, 737
national conventions in, 369m
ratification of Constitution, 57c
slavery in, 52c
statistics about, 750c, 751c
townships in, 722
Virginia Plan and, 51 New Jersey Plan, 51-53,55, 263 New Jersey v. T.L.O. (1985), 803 New Mexico, 752m
admitted to the Union, 700m, 268
congressional representation of, 326c, 326m
court system in, 573c, 573m, 709
federal land in, 304m
Gadsden Purchase and, 482
governors of, 697m, 699
Hispanic Americans in, 597
primaries in, 783m
statistics about, 750c, 751c
voter qualifications in, 163 New Orleans, Louisiana, 369m, 515 New York, 753m
admitted to the Union, 700m
Albany Plan of Union, 35
campaigning in, 118p
colonial, 31, 37m, 32
congressional representation of, 326c, 326m constitution of, 685, 687
county government in, 719
court system in, 573c, 573m, 709,710
elections in, 192, 367m
federal judicial districts, 512
governors of, 694, 695,696, 697m, 699
Hispanic Americans in, 597
interstate compacts of, 105
legislature of, 690
Lemon Test in, 541
lobbying in, 252
as nation's capital, 58
primaries in, 783m
ratification of the Constitution, 57, 57c, 58, 305p slavery in, 52c statistics about, 750c, 751c voter qualifications in, 156 New York City, 466p-467p, 533p, 660p city government of, 727
crime prevention in, 563 released time in, 538-539 United Nations in, 495, 495p voting in, 745
New York State Club Association v. City of New
York (1988), 605,606 New York Times v. United States (1971), 75,
549-550, 803
Nineteenth Amendment, 76c, 92,149,161,294, 370p Ninth Amendment, 536,804 Nixv. Williams (1984), 573c Nixon v. Fitzgerald (1982), 385, 803 Nixon v. Shrink Missouri Government PAC
(2000), 203, 803
Nixon, Richard M., 66p, 90p, 125p, 269c,
754C-755C
China and, 483,488
election of, 199,380,381, 387c, 382
imperial presidency, 392
lawsuits against, 385
names Ford as vice president, 361,363
resignation of, 362, 396p, 470
time line of presidency, 398, 398c
vetoes and overrides, 406c
as Vice President, 323
Vietnam War and, 488
War Powers Resolution (1973), 403
Watergate scandal, 130,198, 213,269,312-313, 373p, 332, 355, 407, 806 nonpartisan primary, 7S3m, 184-185 nonvoters, 164-168, 765c, 765p, 766p, 767c North American
Free Trade Agreement (NAFTA),
641,642-643
North Atlantic Treaty Organization (NATO),
402-403,492-493, 492m North Carolina, 753m admitted to the Union, 700m busing in, 604 colonial, 31, 37m, 32
congressional representation of, 326c, 326m
constitution of, 685,688
education in, 708c
elections in, 184, 367m
federal court districts and circuits, 573c, 573m
governors of, 697m, 699
ratification of the Constitution, 57c, 58
redistricting and, 274
slavery in, 52c
statistics about, 750c, 751c
voter qualifications in, 156,157,162 North Dakota, 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
courts in, 573c, 573m, 711
governors of, 696, 697m
legislature of, 691
nontax revenues, 743
presidential elections in, 783m, 370,372
statistics about, 750c, 751c
townships in, 722
voting in, 89,154,170,195 Northern Ireland, 630m, 631,632
Index     198
Nuclear Regulatory Commission, 432c, 514
OASDI. See Old-Age, Survivors, and Disability Insurance
oath of office, 393, 393p Obscenity, 548-549,804
Office of Management and Budget, 421,459-460,461 office-group ballot, 191, 191 p off-year elections, 164 Ohio, 753m
admitted to the Union, 100m congressional representation of, 326c, 326m constitution of, 687 courts in, 513c, 513m, 711 governors of, 695, 697m national conventions in, 369m
presidential candidates from, 375 primaries in, 183m statistics about, 750c, 751c term limits in, 701
Ohio v. Akron Center for Reproductive Health
(1990), 568 Oklahoma, 752m
admitted to the Union, 100, 100m
congressional representation of, 326c, 326m
constitution of, 687
court system in, 513c, 513m, 710
education in, 108c
governors of, 697m, 699
primaries in, 184
statistics about, 750c, 751c
voter qualifications in, 156 Oklahoma City, Oklahoma, 752m older Americans, 237p, 246, 332, 450-451, 450p Old-Age, Survivors, and Disability Insurance
(OASDI), 450-451,458 Olmstead v. United States (1928), 803 Olympia, Washington, 752m OMB. See Office of Management and Budget one-party systems, 123, 123p online voting, 194
Open Door Policy, 483-484 open primary, 183-184, 183m Opinion of the Court, 522 optional referendum, 693 ordinance power, 394-395, 394p Oregon, 89, 752m
admitted to the Union, 100m
congressional representation of, 326c, 326m
constitution of, 688
courts in, 513c, 513m, 711
elections in, 183m, 192,193, 194p, 370,371
federal land in, 304m
governors of, 696, 697m, 699
legislature of, 691
local government in, 732
separation of church and state in, 538
statistics about, 750c, 751c
taxes in, 741
voter qualifications in, 153,156,163,173,188 Oregon v. Mitchell (1970), 153,156,163,173,803 Oregon v. Smith (1990), 543 Orr v. Orr (1979), 602 Osbome v. Ohio (1990), 549 oversight
function, 281 O'Connor, Sandra Day, 86,516, 516p, 522p,
611-612
PAC. See political action committees Pacific Islanders, 279,280, 439c, 600, 600c Paine, Thomas, 49,148, 148p Palestine, 494
Palestinian Liberation Organization (PLO), 494 Palmore v. Sidoti (1984), 605 Panama, 357c, 401,483 Panama Canal, 400m, 400p, 402 pardons, 90,407,699 Parks, Rosa, 602, 602p
Parliament, 14,16, 16c, 624p-625p, 626-630, 627p parliamentary government, 16, 16c, 66,626-630 parochial schools, 538,540-542 party caucus, 324 party identification, 171-172
party-column ballot, 191-192, 191 p, 193 patents, 90, 302-303, 302c, 303c, 515 Paterson, William, 49c, 51 patriotism, 5p, 211
Patterson v. McLean Credit Union (1989), 570 Pearl Harbor, 483,484,534,577,598 Pendleton Act (1883), 438-439 Pennsylvania, 291, 753m
admitted to the Union, 100m
Civil War in, 797
colonial, 31m, 32,263
congressional representation of, 326c, 326m constitution of, 685
Constitutional Convention and, 47, 49c
elections in, 183m, 367m
federal court districts and circuits, 513c, 513m
First Continental Congress and, 36
governors of, 697m
legislature in, 685
Lemon Test in, 541
ratification of Constitution, 57c
slavery in, 52c
statistics about, 750c, 751c
townships in, 722
Whiskey Rebellion, 401 Penn, William, 32 Pentagon, 473
Pentagon Papers, 75,549-550,803
People's Republic of China. See China
Perot, Ross, 121,131,134,136, 179p, 180, 201,380
Persian Gulf, 402,489
persona non grata, 401,472
petit jury, 704, 705, 709
Petition of Right (1628), 30,626
petition, nomination by, 186,186p
Philadelphia, Pennsylvania, 26p, 70,725
Constitution and, 48-55
Constitutional Convention and, 47
national conventions in, 369m
Second Continental Congress, 37-38 Philippines, 357c, 482,491,493-494 Phoenix, Arizona, 729, 752m Pierce v. Society of Sisters (1925), 538,540 Pierce, Franklin, 374, 754c-755c
Pierre, South Dakota, 752m pigeonholing, 336,692 Pinckney, Charles, 49c Pink v. United States (1942), 400 Pittsburgh v. ACZ.I/(1989), 542 Planned Parenthood of Southeastern Pennsylvania
v. Casey (1992), 568 Pledge of Allegiance, 210p, 532 Plessy \i. Ferguson (1896), 602-603,604,799,
803-804
pluralistic society, 121
pocket veto, 346,406
Pointer v. Texas (1965), 536c, 581
police, 92,103,566-567, 572-573, 691, 736
political action committees, 142,197,199-200,
799g,251, 257g political campaigns, 231
disclosure requirements, 198-199
Federal Election Commission, 198-201, 199g
funding of, 196-198, 198p
hard money, 201p, 202
issue ads, 202
limits on contributions, 199
limits on expenditures, 200
nominating process, 178-186, 178p, 179p, 180c, 181p, 182p, 183m, 184g, 185p, 186p
regulating, 197-198, 797c
soft money, 201-202, 207p
spending in, 196, 797c
use of media, 202 political parties, 79p
bonding agent function, 117
components of, 140
congressional campaign committees, 139 constitutional amendments and, 81 decentralized nature of, 137-138 electoral system and, 120-121 federalism and, 138 function of, 116-
118 future of, 141-142 identification with, 742c, 171-172 identifying political attitudes, 125, 725p interest groups and, 237-238,250-251, 251g local organization of, 140,740c
mass media and, 117
minor parties, 132-136, 132p, 133c, 134c, 135c
multiparty systems, 122, 122p
national chairperson and, 139, 139p
national committee and, 138-139
national conventions, 138,368-369, 369m
nomination process, 117,138
one-party systems, 123, 123p
platforms of, 373
resources of, 724c
split-ticket voting, 171
state organization of, 140
straight-ticket voting, 171
two-party system, 119-131
watchdog function, 118 political socialization, 168,210-213, 21 Op political spectrum, 209c, 209p Polk, James K., 380,444, 754c-755c poll tax, 149,157,159
Pollock v. Farmers' Loan and Trust Co. (1895), 448
polls, 222, 222p, 277c. See also public opinion polls
popular sovereignty, 1,39,53,65,73-74,113,623,685
popular vote, 387c, 383-384
Populist Party, 129,133
Postal Service, U.S., 302,434,440,454, 454p
Powellv. Alabama (1932), 804
Powell v. AfcCormac* (1969), 272
Powell, Colin, 246,246p
power of recognition, 400-401
precincts, 140,153,190
prefectures, 637-638
president pro tempore, 323-324,360
Presidential Succession Act (1947), 360,361,382
President, U.S.
act of admission by, 100
appointment of judges, 524,525,526
appointment power, 81-82,313,395-396, 395p
as chief administrator, 355,415
as chief citizen, 355
as chief diplomat, 355,469
as chief executive, 354
as chief legislator, 355
as chief of party, 137,355
as chief of state, 354
as commander in chief, 80,355,401-403, 401p,
402p, m , 469 bills and, 346, 346p
Cabinet of, 81-82,426-429, 428p, 429p
caucus-convention process, 372
confirmation process, 395
disability of, 360-361
elections and, 269,269c
electoral college, 81,377-382, 380m, 381c
executing the law, 393-394
executive agreement and, 80,400
Executive Article, 390-391
Executive Office of the President, 477c, 418,419,
479ft 420p executive order, 394 federal budget and, 461-462, 467c formal qualifications of, 356 growth of power of, 391-392 immunity of, 803
impeachment and, 311-313, 377p, 372c, 396-397
inauguration of, 361, 379c
judicial powers, 407-408, 408p
legislative powers, 405-407,405p, 406c
line item veto, 406-407, 406c
and mass media, 391-392
200
Index
message power, 405
national conventions and, 368-369, 369m, 372-375, 374c, 375p
national emergency and, 391
oath of office, 393, 393p
ordinance power, 394-395, 394p
pay and benefits of, 358
powers of, 90,265,400-401
primary elections and, 369-372, 370p, 371p, 372p
removal power, 396-397, 396p, 397p
role of, 354-355
selection of, 310-311,365-367, 366c, 367m special sessions of Congress, 265 State of the Union Message, 322, 322c, 322p, 405 succession of, 76c, 80, 311, 323,324, 324c,
359-363, 359c, 359p, 362c, 362p, 363p term of office of, 76c, 82, 82p, 356-358, 356p treaties and, 314,399-400, 399p veto power, 67, 346, 405-406, 406c wartime powers, 403
primary elections, 123,182-186, 183m, 369-372,
370p, 371 p, 372p prime minister, 628-630,636 Prince v. Massachusetts (1944), 543 Printz v. United States (1997), 109,691,804 prior restraint, 549-550 privacy, right of, 567-568 private
bills, 334-335, 335c private property, 557-558,660 Privileges and Immunities Clause, 107-108 procedural due process, 565, 565c process of incorporation, 535 Progressive Party,
133 Prohibition Party, 119,135 propaganda, 249-250 property ownership, 149 proportional plan, 382-383 proportional representation rule, 371 proprietary colonies, 31m, 32
Providence, Rhode Island, 753m public affairs, 208-209
interest groups and, 238,239-240
mass media and, 230 public bills, 334-335, 335c public debt, 296-297,455-456, 456g public interest groups, 216,247,249 public opinion
Congress and, 216-217
education and, 211
elections and, 215-216
family and, 209-211,210p
historic events and, 212-213,213p
interest groups and, 216,247,249
mass media and, 211-212, 212c, 216
measuring, 215-221, 215p, 216p, 217p, 218p, 219c, 220p, 221p public opinion polls
democracy and, 221
evaluating, 220-221
interviewing, 220
limits on impact of, 221
process, 218-220,219c
random sample, 218-219
reporting findings, 220
samples, 218-219
scientific polling, 217-218,217p
straw votes, 217 public policy, 4,13,461, 744
interest groups and, 236-237, 239-240
lobbying and, 252
single-issue parties and, 132-133
See also law public property, 556-557 public trials, 579-580 public welfare, 668,734-735, 734g, 736p Puerto Rico, 304, 334, 369, 482
acquisition of, 100m
citizenship in, 613
congressional apportionment, 267
federal judicial districts, 512, 513m
presidential primaries and, 370
statehood and, 103 Puerto Rico v. Branstad (1987), 107 Pullman Strike (1894), 99 pure democracy, 12-13
quartering of troops, 536c, 571 quasi-judicial bodies, 433 quasi-legislative bodies, 433 quorum, 58, 339, 340 quotas, 610-611,616, 616c
race riots, 98-99
racial discrimination, 90, 90p, 570, 592p-593p,
595-598, 677 radicals, 209c, 209p railroads, 298,691 Raleigh, North Carolina, 753m Randolph, Edmund, 49c, 50,51,54,57,426 Randolph, Peyton, 37 ratification, 44 Rayburn, Sam,
323 reactionaries, 209c, 209p Reagan, Ronald, 130,169,170,190,269c, 364,
364p, 390p, 397p, 754C-755C, 755p
age of, 356
Cabinet of, 428
cold war and, 488
election of, 372, 374, 375
as governor, 696
Iran hostages and, 472
Iran-contra scandal, 332-333,420-421
public debt and, 455
revenue sharing and, 102
Twenty-second amendment and, 357
vetoes and overrides, 406c reapportionment, 267-270, 268m, 799 Reapportionment Act (1929), 268-269,270 Red Lion Broadcasting Co. v. FCC (1969), 551 referendums, 693
Reform Party, 124c, 134,135,136, 200, 201, 751c Regents of the University of California v. Bakke
(1978), 605, 610, 61Op, 619, 804 regulatory agencies, 433-434 regulatory commissions, 431-434, 432c Rehnquist, William H., 51 Op, 522p Reno v. ACLU (1997), 653, 804 Reno v.
Bossier Parish School Board (2000), 605 Reno v. Condon (2000), 527,804 representative government, 13,53,97-98
convention process in, 181
in English colonies, 29
evaluating leadership, 293, 293c reprieves, 90,407,699 republic, 13
republican government, 13
Republican National Committee, 138-139
Republican Party
characteristics of, 122
Great Depression and, 213
history of, 127,128-131, 128c-129c
national conventions, 368-369, 369m, 373
nomination process, 179
party caucus, 324
proportional representation rule, 371
resources of, 124c
seniority rule and, 327
voter behavior and the, 169-172
See also election reserved powers, 92 resolutions, 335, 335c revenue
borrowing, 743-744 nontax sources, 743 sharing, 102
sources of, 741-744, 741g, 742p Revenue Act (1971), 200-201 Revolutionary War. See American Revolution Reynolds v. Sims (1964), 271,689
Reynolds v. United States (1879), 543 Rhode Island, 753m
admitted to the Union, 100m
colonial, 31m, 32
congressional representation of, 326c, 326m
constitution of, 684-685,687
county government in, 718
Dorr's Rebellion, 98
elections in, 183m, 367m
federal court districts and circuits, 513c, 513m
governors of, 696, 697m
ratification of Constitution, 57c, 58
slavery in, 52c
statistics about, 750c, 751c
taxes in, 741
U.S. Constitution and, 48 Rhodes v. Chapman (1981), 587 Richmond Newspapers, Inc. v. Virginia (1980), 580 Richmond v. Croson (1989), 611 Richmond, Virginia, 753m right of legation, 470-
471 right to bear arms, 536c, 571 right to counsel, 536c, 581 rights, foundations of, 29 RNC. See Republican National Committee Roberts v. Louisiana (1977), 587 Robinson v. California
(1962), 536c, 586,587 Rochin v. California (1952), 565 Roe v. Mferfe(1973), 567-568,804 Roosevelt Corollary, 483 Roosevelt, Franklin Delano, 362, 394p, 399p,
754C-755C, 755p
Cabinet of, 428,429
election of 1936,217
Executive Order No. 9066,409
Executive Order of the President, 423, 423p
Good Neighbor Policy, 483
as governor, 696
Great Depression and, 129-130,213
radio programs, 226
removal power of, 397
on the role of the president, 355
on television, 223-224
term of office of, 77, 82, 82p, 356p, 357, 361
vetoes and overrides, 406c
World War II and, 484
Yalta Conference, 486
Roosevelt, Theodore, 134c, 754c-755c, 754p
Bull Moose Progressive Party, 129,133-134
civil service and, 439
as governor, 696
Panama and, 401
Roosevelt's Corollary, 483, 483p
as vice president, 362, 362c Rostkerv. Goldberg (1981), 480,499,606,804 Rousseau, Jean Jacques, 8,53 royal colonies, 31-32, 31m rule of law, 66, 66p RummeN. Estelle (1980), 586
runoff primary, 183m, 184 Runyonv. McCrary (1976), 570 Russia
land purchased from, 100m military in, 485c
political system of, 645-649, 645p, 646p, 647m, 649p
territory of, 6
women in the work force in, 609c
See also Soviet Union Rutledge, John, 36, 49c Sacramento, California, 752m Saensv. Roe (1999), 108 Saint Louis, Missouri, 369m Salem, Oregon, 752m SALT. See Strategic Arms
Limitations Talks Salt Lake City, Utah, 752m San Antonio, Texas, 729 San Diego, California, 369m, 729 San Francisco, California, 71 p, 369m, 495,515,
722, 726p
Index      202
Santa Anna, Antonio Lopez de, 639 Santa Fe Independent School District v. Doe (2000), 539
Santa Fe, New Mexico, 752m Saudi Arabia, 264c, 402, 485c, 489 Scalia, Antonin, 522p
                                    549 Schenck v. United States (1919), 74,533,547,804 Schmerberv. California (1966), 566,582 school desegregation, 607,
Schadv. Borough of Mount Ephraim (1981),

                                                                805 Schwimmerv. United States (1929), 546 Scottsboro boys, 804
607p School District of Abington Township, Pennsylvania v. Schempp (1963),

search and seizure, 91,523, 523c, 536c, 573
search warrants, 566,571
Second Amendment, 536c, 571
Second Bank of the United States, 95,128
Secretary of State, 470
in State government, 700
treaties and, 399-400 sectionalism, 129
Securities and Exchange Commission, 432c, 433
security alliances, 492-494, 492m
sedition, 75,547-548
Sedition Acts, 74,547-548
segregation, 602-604,604,801
Selective Service Acts, 480
Selective Service System, 479-480, 480p
self-incrimination, 536c, 582-583
Selma, Alabama, 161
Senate, U.S., 288p
calendar, 342
Cloture Rule, 343-344
committee chairs, 332c
compensation for members, 283-284, 283p
conference committees, 333,344-346
confirmation process, 395,427
constituencies of, 277
as continuous body, 277
creation of, 263
differences between House and, 272c election to, 76c, 276-277 electoral duties of, 310-311,       379 establishment of, 51 executive powers of, 313-314 filibusters,
343, 343p
how bills become laws, 342-346, 344p, 345c impeachment and, 311-313, 311p, 312c joint committees, 333
members of, 279-284,279p, 280c, 281 p, 282p, 283p
off-year elections and, 269, 269c
opening day, 321
party leaders, 262p
president pro tempore, 323-324,            360
presidential appointments and, 313
qualifications for members, 277-278
select committees, 331-333
selection of judges and, 509,511
senatorial courtesy, 81-82
size of, 275-276
special sessions of, 265
standing committees, 329-333, 330c, 332c
terms, 277
treaties and, 314,399-400 seniority rule, 326-327,                      327A 330 separate-but-equal doctrine, 602-603, 604,799,
803-804
separation of powers, 1,39,53,66-67,259,351,                         405,623, 685, 806
Seventeenth Amendment, 76c, 99,160,276-277
Seventh Amendment, 536c
sex discrimination, 598-599, 598c, 599p, 605,802
Shaare Tenia Congregation v. Cobb (1987),570
Shaw v. Reno (1993),   274
Shays' Rebellion, 46, 46p
Shelley v. Kraemer (1948), 677,805

Sheppard v. Maxwell (1966), 534, 534p, 580,805

Sherbertv. Verner (1963), 544

sheriffs, 511, 720c, 736
Sherman Antitrust Act (1890), 306,661 Sherman, Roger, 36,38, 49c, 390 single-interest groups, 251 single-issue organizations, 141-142 single-issue parties,
132-133 single-member district, 120,270 Sixteenth Amendment, 76c, 90,294,448 Sixth Amendment, 536c, 579,580-581,800,801, 803,804
slavery, 595-596, 596p, 601-602, 601p
abolishment of, 52, 76c, 77
Commerce and Slave Trade Compromise, 52-53
Emancipation Proclamation, 798
political parties and, 128-129
Thirteenth Amendment and, 569-571, 569p
Three-Fifths Compromise and, 52-53, 52c, 447
United States v. Amistad, 805 Smith v. Allwright (1944), 160 Smith, Adam, 661-662, 740 Snepp v. United States (1980), 550 social contract theory, 8, 8p Social Contract

(Rousseau), 53 Social Security Administration, 450,458,460, 460c socialism, 666-670, 666p, 667p, 669g, 670g. See
also capitalism; communism Socialist Party, 121,132,135 soft money, 201 -202, 201p Souter, David, 519, 519p, 522p South Africa, 168c, 169p, 357c, 485c South

Carolina, 291, 753m
admitted to the Union, 100m
budget process in, 744
city government in, 728
civil rights in, 800
colonial, 31, 31m, 32
congressional representation of, 326c, 326m
constitution of, 38,685,687
courts in, 573c, 573m, 711
elections in, 184, 367m, 370,378
Eleventh Amendment and, 76
governors of, 697m
ratification of Constitution, 57c
slavery in, 52c
statistics about, 750c, 751c
taxes in, 448-449
voter qualifications in, 157,162 South Carolina v. Katzenbach (1966), 162 South Carolina v. United States (1905), 449 South Dakota, 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
federal court districts and circuits, 573c, 573m
governors of, 697m
legislature of, 689p
primaries in, 184
statistics about, 750c, 751c
taxes in, 741
townships in, 722
voting behavior in, 153,170 Soviet Union
cold war and, 486,488
Cuba and, 376
economic system of, 672p, 674-675, 674p fall of the, 647-648,           676 Nixon and, 488
                                                                                        639 Spanish-American War, 482,640 Speaker of the House,
United States foreign policy toward, 469 space program, 478-479, 479p Spain, 28,31, 357c, 492,
321,322, 322c, 322p, 360 Speech and Debate Clause, 284,285,801-802 speedy trial, 536c, 579 The Spirit of the Laws (Montesquieu), 53 splinter parties, 133
split-ticket voting, 141,171 spoils system, 438, 438p Springer v. United States (1881), 448 Springfield, Illinois, 753m Stack v.Boyle (1951), 585 Stalin, Josef, 17, 123p,
486,645, 674
Stamp Act Congress, 36 Standard Oil Trust, 661 Stanley v. Georgia (1969), 567 state
characteristics of, 6c definition, 5 elections, 189 origins of, 7-8 population, 5-6 sovereignty, 6 territory, 6
state constitutions, 38-39, 535, 684-688 State Department, 424,425,426c, 460c, 470-472, 476, 476p
state government, 45
checks and balances in, 685 concurrent powers, 93, 93c constitutions, 38-39, 535, 684-688 courts and, 702-705, 707-712 education and, 734,
734g employees in, 437

federalism and, 65, 65c, 92-93, 93c
governors and, 694-700
grants-in-aid, 101-102, 707c, 101 p, 102p
legislatures, 72-73, 73p, 310,689-693
limitations on taxes, 740
limited government in, 685
local services and, 733-737, 734g, 736p
police protection, 89p
popular sovereignty in, 685
protection against internal disorder, 98-99
public welfare and, 734-735, 734g, 736p
reserved powers, 92
revenue sharing, 102
role of, 733
separation of powers in, 685 Supremacy Clause, 94-95, 95c state militias, 403
State of the Union Message, 322, 322c, 322p, 405
state supreme court, 710
states
admitting new, 99-101, 99p, 100m
caucus-convention process, 372
congressional districts, 270-271
congressional elections, 269-272,269c, 270m, 271p
division of powers, 89
electoral votes and, 380, 380m
Extradition Clause, 107
Full Faith and Credit Clause, 106-107, 106p
gerrymandering, 270, 270p
interstate compacts, 105
national government and, 86-87,97-98, 98c, 103
powers denied the, 92-93
presidential primaries and, 370-372, 371p
Privileges and Immunities Clause, 107-108
representation in Congress, 263
reserved powers, 92
territorial integrity of, 99
voter qualifications in, 152-157 States' Rights Party, 133 Stenberg v. Carhart (2000), 568 Stevenson, Adlai, 130,375 Stevens, John Paul, 522p Stone v. Graham (1980),
539 straight-ticket voting, 171 Strategic Arms Limitations Talks (SALT), 488 Strauderv. West Virginia (1880), 581 straw votes, 217
strict constructionist, 291-292, 291p, 306 Strombergv. California (1931), 535 strong mayor government, 727 St. Augustine, Florida, 31 St. Francis College v. Al-Khazraji (1987),
570 substantive due process, 565, 565c Succession Act (1947), 379 suffrage, 76c, 148, 370jo. See also voting supply and demand, law of, 661 Supremacy Clause, 94-
95, 95c, 612,800-801 Supreme Court, U.S., 502p-503p amicus curiae briefs, 521
205          Index
appealling to the, 514c, 520-521, 520c calendar of, 521
Chief Justice of the United States, 517 conferences, 521-522 confirmation process, 395 congressional districts and, 271-272 constitutional amendments and, 80-81 due process
clause and, 535-536 federalism and, 95
how cases reach the, 520-521, 520c
impeachment and, 311-313, 311p, 312c
inferior courts and, 507-509, 507c
judicial review, 69-70,517-518,519
jurisdiction of, 519-520
justices of, 522p
Lemon Test, 540-542, 540c
operation of, 521-522
opinions of, 522
oral arguments, 521
powers of, 90
republican form of government and, 97-98
veto power, 346
writ of certiorari, 520-521
See also judicial branch Swann v. Charlotte-Mecklenburg Board of
Education (1971), 604 symbolic speech, 551-552, 552p
Taft, William Howard, 100-101,129, 134c, 396-397, 754C-755C Cabinet of, 429
on the role of the president, 354, 391p, 392 Tallahassee, Florida, 753m Taney, Roger B., 313,576-577,800 TANF. See Temporary Assistance to Needy Families tariffs, 294-295, 295c,
451 Tax Court, U.S., 507, 507c, 514, 526, 526c taxes, 90, 92, 294-295, 452, 740
Articles of Confederation and, 45
business, 742-743
citizenship and, 453
on corporations, 450
custom duty, 451
defined, 295
direct, 296,447-448
estate, 451,742
excise, 451
exemptions from, 799
federal spending of, 295c
gift, 451
import, 447
income, 448,449-450, 449c, 741-742, 741g
indirect, 296,448
inheritance tax, 742
non-tax revenues and, 454
on nonprofit organizations, 450
payroll, 450
power to levy, 446-449, 447p, 448c, 739-740 progressive, 449, 449c, 742 property tax, 739p, 742 regressive, 451,741 sales, 89, 741, 741g
Taylor v. Louisiana (1975), 581,605-606 Taylor, Zachary, 128,380, 754c-755c telecommunications, 225-226,653 television
electoral politics and, 228-229, 228p
freedom of speech on, 551
as mass media, 211,212c
political campaigns and, 141p, 196,202,229,375
public affairs and, 230
public opinion and, 212
role of, 223-224, 224p, 225g
statistics on, 223, 224, 227c
trials on, 580,580p
Temporary Assistance to Needy Families (TANF), 735
Tennessee, 753m admitted to the Union, 99, 100m congressional representation of, 326c, 326m education in, 108c
elections in, 183m, 367m
federal court districts and circuits, 513c, 513m
governors of, 697m, 699
impeachment of judges in, 510
media in, 207
statistics about, 750c, 751c
voter qualifications in, 153,157 Tennessee Valley Authority, 434,435,662,805 Tennessee Valley Authority v. Hill (1978), 805 Tenth Amendment, 76,89,527 Tenure of Office Act (1867),
311,396-397 term limits, 690,701 territories, 6,91,304, 304m, 335 Terry M . 0/7/0(1968), 573,589 Texas, 752m
admitted to the Union, 99, 100m
annexation of, 400,482
budget process in, 744
city government in, 728,729
congressional districts, 272
congressional representation of, 326c, 326m
corrections system in, 736
county government in, 718,719
court system in, 513c, 513m, 707p, 710, 711
education in, 108c, 539
elections in, 184,194
governors of, 697m, 699
Hispanic Americans in, 597
legislature in, 682p-683p, 691, 692p
statistics about, 750c, 751c
taxes in, 741
voting in, 150,157,163,173 Texas v. Johnson (1989), 59,75,552-553 Third Amendment, 536c, 571 Thirteenth Amendment, 52, 76c, 77,92,97,294,
533, 569-571, 569p, 596, 613 Thomas v. Indiana (1981), 544 Thomas, Clarence, 522p Thornburgh v. Abbott (1989), 550 Thomhillv. Alabama (1940), 551 Three-Fifths Compromise, 52-53,
52c, 447 Thurmond, Strom, 277,323-324,343 Tiananmen Square, 484,651 Tinker v. Des Moines School District (1969), 75,
552, 559, 805 Title VII, 611, 611p Topeka, Kansas, 752m Torcasov. Watkins (1961), 537 town government, 721-722 town meeting, 13, 13p, 721, 722p townships, 718, 722 trade, 52-53,
641, 642-643, 690 transportation, 427c, 433-434, 433p, 434p, 460c Transportation Department, 427c, 460c treason, 304,547, 588 Treasury Department, U.S. 424, 426c
Balanced Budget Act (1997), 297
borrowing by, 455
nontax revenues, 454
spending by the, 459, 460c treaties, 80,90,92,314,399-400, 399p Treaty of Paris (1783), 45,482 Treaty of Versailles (1919), 400,641 Trenton, New Jersey, 753m trial by jury, 30,91,
536c, 580-581 trial courts, 579-582, 709 Truman Doctrine, 486 Truman, Harry S, 130, 427,471, 754c-755c
Cabinet of, 429
campaigning, 370m
as commander in chief, 401,401p
deterrence and, 485
election of 1948, 220p, 380
on the presidency, 355, 391p
twenty-second amendment and, 357
vetoes and overrides, 406c
as Vice President, 323, 362c Twelfth Amendment, 76c, 77, 310-311, 360, 366c,
367
Twentieth Amendment, 76c, 264,361,379
Twenty-fifth Amendment, 76c, 80,81,359,360, 361,363
Twenty-first Amendment, 76c, 77,92 Twenty-fourth Amendment, 76c, 92,149,150,157, 294
Twenty-second Amendment, 76c, 77,82, 82p, 357-358, 361
Twenty-seventh Amendment, 75, 76c, 282 Twenty-sixth Amendment, 63, 76c, 77,92,
153-154,161,294,626 Twenty-third Amendment, 76c, 149 Two Treatises of Government (Locke), 53 two-party system, history of, 119-120,119p,
126-131 two-speech rule, 342-344 Tyler, John, 98, 359, 362c, 374,400, 754c-755c
uncontrollable spending, 459-460 unemployment, 450, 670g unicameral legislature, 32,38,44,51,89 UNICEF (United Nations Children's Fund), 497, 497c unified court systems, 710-
711 unitary government, 14 United Kingdom, 296c, 485c, 626-632 United Nations, 485, 494-498, 495p, 496p, 497c, 641
in the Balkans, 402-403
Korean War, 487
Persian Gulf War and, 489 United States v. Amistad, 805 United States v. Belmont (1937), 400 United States v. Brown (1965), 577 United States v. Eichman (\990), 59,553,805 United States v.
General Dynamics Corp. (1974), 805 United States v. Lee (1982), 544 United States v. Leon (1984), 573c, 805-806 United States v. Lopez (1995), 298 United States v. Lopez (1990), 806 United
States v. Lovett (1946), 577 United States v. Miller (1939), 571 United States v. Nixon (1974), 806 United States v. O'Brien (1968), 552 United States v. Salerno (1987), 586 United States v. Thornton
(1995), 267 United States v. Virginia (1996), 606 United Steelworkersv. Weber (1979), 610 Universal Declaration of Human Rights, 498 Utah, 272, 752m
admitted to the Union, 100,100m
congressional representation of, 326c, 326m
federal court districts and circuits, 513c, 513m
federal land in, 304m
governors of, 697m
primaries in, 182, 183m
statistics about, 750c, 751c U.S. Taxpayers Party, 121
Van Buren, Martin, 356, 754c-755c Veazie Bank v. Fenno (1869), 452 Vermont, 46, 753m
admitted to the Union, 99, 100m
congressional representation of, 326c, 326m
constitution of, 685,688
elections in, 183m, 217, 367m
federal court districts and circuits, 513c, 513m
governors in, 695, 697m, 699
local government in, 737
political parties in, 137p
statistics about, 750c, 751c
voting behavior in, 170
Vemonia School District v. Acton (1995), 574 veterans, 425, 426c, 460c, 466p-467p, 488p, 526 Veterans Administration (VA), 425, 426c, 460c, 526 Veterans of Foreign Wars, 246 veto power,
346,405-406, 406c, 407
Congress and, 67
of governors, 699
vice President, U.S., 361-363, 362c, 422, 755c choosing a, 310-311,364, 364p impeachment and, 311-313, 311p, 312c
Index       207
presidential succession and, 80,359-363, 359c, 359p, 362c, 362p, 363p
as Senate president, 323-324 Vietnam War, 408, 408p, 487-488
Johnson and the, 355
Pentagon Papers, 75
protests against, 552,552p
public opinion and, 213
voting age and, 154 Virginia, 753m
admitted to the Union, 99, 100m
Bill of Rights, 29
city government in, 728
colonial, 31, 31m
constitution of, 685, 686p, 688
courts in, 513c, 513m, 711
elections in, 182, 183m, 189, 367m
governors of, 694,695, 697m, 699
House of Burgesses, 37
legislature of, 690
ratification of Constitution, 57, 57c
redistricting, 270m
slavery in, 52c
statistics about, 750c, 751c
voter qualifications in, 156,157,162 Virginia Company, 31,684 Virginia Plan, 51-53, 55, 263, 781-782 Virginia State Board of Pharmacy v. Virginia
Citizens Consumer Council (1976), 553 Virginia v. Tennessee (1893), 105 voter behavior
apathy, 158
education and, 169
ethnic background, 170
family groups and, 170-171
gender and, 169
geography and, 170
income and, 169
influences on, 168-169
mass media and, 229
non-voters, 164-168, 165c, 165p, 166p, 167c
occupation and, 169
studying, 168
time-zone fallout, 166
turnout, 165-166, 168c, 185 voter qualifications, 63, 76c, 77,89, 149p, 150-154,
156-157, 156p, 161-163,169-170,173, 626 voting, 113p
absentee voting, 189
citizenship and, 195, 195p
elections, 188-194, 188p, 189p, 191c, 192p, 193c, 194p
electronic, 340
identifying political attitudes, 125, 125p
methods, 190-194,192p
online, 151,151c
polling places, 190
precincts, 190
See also suffrage voting machines, 192-193 voting rights, 76c, 77,173
history of, 148-150, 148p, 149p
of African Americans, 97-98, 97p, 159-163, 159p,
162g, 162p, 163p
of women, 149-150, 149p
Voting Rights Acts, 149,153,161-162,596,608,803 Voting Rights Act Amendments (1970), 156
Wabash, St Louis & Pacific Railway Co. v. Illinois (1886), 691
Wallace v. Jaffree (1985), 539,806 Wallace, George, 130,133,134, 179p, 180,381, 381c, 695
Walz v. Tax Commission of the City of New York (1970), 806
war powers, 90,301-302, 302c, 403
War Powers Resolution (1973), 301-302,403
wards, 140,153
warrants of arrest, 511,708
Warren, Earl, 162-163,603
Washington, 752m admitted to the Union, 100m affirmative action in, 612 congressional representation of, 326c, 326m courts in, 573c, 573m, 711 federal land in, 304m governors of,
696, 697m primaries in, 183, 783m statistics about, 750c, 751c taxes in, 741
voter qualifications in, 156 Washington v. Texas (1967), 536c, 581 Washington, D.C, 15, 258p-259p, 350p-351p,
502p-503p, 717, 730p, 743 Washington, George, 263, 754c-755c, 754p
appointments of, 424p, 426,438
as army general, 37, 37p
Articles of Confederation and, 46
as commander in chief, 401
at Constitutional Convention, 49c, 50, 50p, 62p
elected President, 58,366
Farewell Address of, 120,481
at First Continental Congress, 36
ratification of Constitution, 57
term of office of, 82,357,360 Watergate scandal, 130,198,213,269,312-313,
373ft 332, 355, 407, 806 Watkins v. United States (1957), 347,806 Wealth of Nations (Smith), 740 Webster v. Reproductive Health Services (1989),
567-568, 804 Webster, Daniel, 26,128 Weeks v. United States (1914), 573 welfare. See government assistance Welsh v. United States (1970), 543 Wesberryv. Sanders (1964), 271-272,691
West Virginia, 753m
admitted to the Union, 99,700m
congressional representation of, 326c, 326m
courts in, 573c, 573m, 711
governors of, 695-696, 697m, 699
local government in, 737
primaries in, 783m
statistics about, 750c, 751c
volunteer service in, 353 West Virginia Board of Education v. Barnette
(1943), 533, 544, 806
Westside Community Schools v. Mergens (1990), 540 Whig Party, 128,181, 787p Whiskey Rebellion, 401 White House, 350p-351p, 358, 358p, 419-420, 419p, 420p
Wilkerson v. Utah (1879), 586
Williams v. North Carolina (1945), 106-107
Wilson, James, 49c, 365,391
Wilson, Woodrow, 129,134c, 260,275, 329,
343-344, 360, 484, 754c-755c, 755p
election of, 380
as governor, 696
presidential pardon and, 408
Supreme Court and, 81 Wisconsin, 96p, 753m
admitted to the Union, 700m
congressional representation of, 326c, 326m
county government in, 719
courts in, 573c, 573m, 711
governors of, 696, 697m, 699
primaries in, 182, 783m, 187, 187p, 370,371
statistics about, 750c, 751c
voter qualifications in, 154 Wisconsin v. Yoder (1972), 544,806 women
in armed forces, 499
Cabinet members, 428,431, 431p, 469p, 470
civil service employees, 439c
in Congress, 2, 9, 9p, 279, 280c, 282p, 325-327,
327ft 328, 328p, 339p Constitution, U.S. and, 75 discrimination against, 598-599, 598c, 599p Equal Rights Amendment, 75, 77p
governors, 695,696, 696p
military draft and, 804
presidential candidates, 375
reproductive rights of, 567-568
as Secretary of State, 476,476p
Supreme Court justices, 395p, 516,516p, 572, 572p
voting rights of, 76c, 149-150, 149p, 169-170,173
in the work force, 609c Wood v. Broom (1932), 270 Woodson v. North Carolina (1976), 587 Wooleyv. Maynard ( m i ) , 553 World Bank, 497
World Health Organization (WHO), 497 World Trade Organization, 641 World War I, 343-344,400,484,640 World War II, 400, 403,484-485, 548,641
nuclear weapons in, 401,401p
Pearl Harbor, 534,598
voting age and, 154 World Wide Web. See Internet writ of certiorari, 520-521 writs of assistance, 571 Wyoming, 287ft 752m
admitted to the Union, 700m
congressional representation of, 326c, 326m
federal court districts and circuits, 573c, 573m
federal land in, 304m
governors of, 696, 697m, 699
primaries in, 783m
representation in Congress, 263,263c statistics about, 750c, 751c taxes in, 741
voter qualifications in, 149,156
Yalta Conference, 486
Yates v. United States (1957), 548
Yeltsin, Boris 647, 648-649, 675
Young v. American Mini Theaters (1976), 549
Zobrestv. Catalina Foothills School District
(1993), 463, 541 Zorachv. Clauson (1952), 538-539
209         Index
Acknowledgments
Team Credits The people who made up the Magruder's American Government
team—representing editorial, editorial services, design services, market research, on-line services/multimedia development, product marketing, production services, and publishing
processes—are listed below. Bold type denotes core team members.
Alisa Andreola, Joyce Barisano, Roger Calado, Bob Craton, Deborah Dukeshire, Paul Gagnon, Jonathan Goldberg, Mary Hanisco, Lance Hatch, Kerri Hoar, Carolyn Langley, Marcia Lord,
Dotti Marshall, Grace Massey, Judi Pinkham, Dorothy Preston, Lynn Robbins, Luess Sampson-Lizotte, Emily Soltanoff, Tracy St. Pierre, Mark Staloff, Susan Swan, Catherine Verdi, Merce
Wilczek
Cover Design
Sweetlight Creative Partners; Suzanne Schineller; Judi Pinkham
Cover Image
Supreme Court: ©2000 Tom Wachs/Washington Stock Photo, Inc.
Illustration
Tables and graphs: Accurate Art, Inc., Outlook/ANCO, and Matt Mayerchak Creative Art: Steve Artley 20,145,185,201,240,349,383,558,579,585,621;
Annie Bissett 133; Jim Bliss 134; Kathy W. Boake 738; Doug Bowles 453; James Bozzini 517; Ken Condon 344; Richard Ewing 291,295,518; Leighton
& CoVLisa Manning 6,659; MapQuest.com, Inc 72; Karen Minot 16, 31,57,73,101,128-129,140,151,180,183,184,191,193,199,209,219,266,276,280,295,
304,308,322,333,367,369,380,395,400,417,439,461,509,510,513,523,541,565,578, 587,595,614,615,687,697,719,727,728,729; Brucie Rosch 155,575; Neil
Stewart 68,330, 345,420,426,472,507,514,520; Baker Vail 100,263,268,270,271,487,492,630,638,642, 647,651,724
Picture Research
Paula Wehde
Photography
Front Matter Page i, ©2000 Tom Wachs/Washington Stock Photo, Inc.
Table of Contents Page iv tl, National Portrait Gallery, Smithsonian Institution/Art Resource, NY; iv m, H. Armstrong Roberts; iv bl, bm, The
Granger Collection, New York; iv br, AP Photo/Dennis Cook; v bl, Russ Lappa; v tr, Corbis-Bettman; v m, P.F. Gyro/Corbis Sygma; v br,
Daemmrich/Corbis Sygma; vi tl, Jeffery S. Underwood, Ph.D.,United States Air Force Museum Historian; vi bl, Collection of Ralph J. Brunke; vi
br, UPl/Corbis-Bettmann; vi inset, Collection of Bette Lane. Photograph ©Rob Huntley/Lightstream; vii t, Corbis; vii tm, White House Historical
Association; vii bm, Dennis Brack/Black Star; vii b, D. Hudson/Corbis Sygma; viii tl, Corbis; viii bl, Sandra Baker/Liaison Agency; viii bm, Corbis-
Bettmann; viii br, SuperStock; ix t, Corbis-Bettmann; ix m, AP/Wide World Photos; ix b, Paula Lerner/Woodfin Camp & Associates; x, White House
Historical Association; xi, Richard Bloom/ SABA Press Photos; xii I, The Granger Collection, New York; xii r, Corbis; xiii, The Granger Collection,
New York; xvi t, Tony Freeman/PhotoEdit; xvi b, Art Resource, New York; xvii tl, D. Lada/H. Armstrong Roberts; xvii tm, H. Armstrong Roberts;
xvii tr, A.Tovy/H. Armstrong Roberts; xvii ml, mr, Supreme Court Historical Society; xvii bl, Joe Sohm/Visions of America.
UNIT 1 Page xx-1, Smithsonian Institution; 2-3, Corbis-Bettman; 4 all, Visions of America; 5, Bob Daemmrich; 7 tl, The Granger Collection, New
York; 7 bl, Brenda Carter/ National Geographic Society; 7 m, Erich Lessing/Art Resource; 7 r, Corbis-Bettmann; 8, By permission of Johnny Hart
and Creators Syndicate, Inc.; 9, AP Photo/Tim Sharp; 11, The Granger Collection, New York; 13, Deb Hebib/Concord Monitor/Impact Visuals; 14 I,
Memorial De Caen/Sygma; 14 r, Tom Wurl/Stock Boston; 17, Pictures Now; 18, The Granger Collection, New York; 19, ChromoSohm/Sohm; 21,
Dick Blume/The Image Works; 25, ©The New Yorker Collection 1983 Ed Fisher from cartoonbank.com. All Rights Reserved.; 26-27, A. Kord/H.
Armstrong Roberts; 28, ©Christie's Images, Ltd. 1999; 29,33, The Granger Collection, New York; 34, Colonial Williamsburg Foundation; 35,
National Portrait Gallery, Smithsonian Institution/Art Resource, New York; 36, 37, The Granger Collection, New York; 40, Independence National
Historic Park Collection; 41, SuperStock; 41-42, Corbis-Bettmann; 42 t, ©1997 North Wind Pictures; 42 b, SuperStock; 43, Corbis; 44,46, The Granger
Collection, New York; 47, G. Ahrens/H. Armstrong Roberts; 48, The Granger Collection, New York; 50, Art Resource, New York; 52, Museum of
American Textile History, Grant Heilman Photography; 54, Independence National Historic Park Collection; 56, American Antiquarian Society; 58
I, Corbis-Bettmann; 58 m, The Library Company of Philadelphia; 58 r, 61, The Granger Collection, New York; 62-63, Art Resource, New York; 64,64-
65, The Granger Collection, New York; 65, AP Photo/Dennis Cook; 66, Hulton Getty; 67, J.B. Handelsman/cartoonbank.com; 68 I, D. Lada/H.
Armstrong Roberts; 68 m, H. Armstrong Roberts; 68 r, A.Tovy/H. Armstrong Roberts; 69, SuperStock; 69, Dennis Brack/Black Star; 70, Kevin
Flaming/Corbis; 71, Paul Scott/Corbis Sygma; 74, The Granger Collection, New York; 751,75 bl, UPl/Corbis-Bettmann; 75 br, H. Armstrong Roberts;
77, Dave Schaefer/The Picture Cube; 78, The Granger Collection, New York; 79, Russ Lappa; 801, Wernher Krutein/Liaison Agency; 80 b, Peter
Turnley/Black Star; 81, The Granger Collection, New York; 82 I, Russ Lappa; 82 r, Archive Photos; 85, Ed Fisher/cartoonbank.com; 86-87, Joe
Sohm/Visions of America; 88, Tony Freeman/PhotoEdit; 891, Les Stone/Sygma; 89 b, David R. Frazier Photolibrary/ Photo Researchers; 901, Mark
C. Burnett/Stock Boston; 90 m, Jeff Greenberg/Stock Boston; 90 r, AP Photo; 91, Amy Toensing/Corbis Sygma; 92, Dave Lawrence/The Stock
Market; 94, Index Stock Imagery; 96, Stock Boston; 97, The Granger Collection, New York; 98, NOAA/Science Photo Library/Photo Researchers; 99,
Lazaro Fresquet; 101, Michael Dwyer/Stock Boston; 102, Bob
Daemmrich/Stock Boston; 104, Skjold Photographs; 105, David N. Davis/Photo Researchers; 106, Russ Lappa; 107, Bob Daemmrich/Stock Boston;
108, David Sailors/The Stock Market; 111, Frank Cotham/cartoonbank.com.
UNIT 2 Page 112-113, Sipa Press; 114-115, Richard Ellis/Corbis Sygma; 116 both, Ian
Wagreich/lllustrative Images; 117, Daemmrich/Corbis Sygma; 118 l,r, Ian Wagreich /Illustrative Images; 118 m, Najlah Feanny/SABA Press Photos;
119, Russ Lappa; 120, Michael Smith/Liaison Agency; 1211, "Dunagin's People" by Ralph Dunagin, Reprinted with special permission of N.A.S.,
Inc.; 121 b, Larry Downing/Corbis Sygma; 122, Regis Bossu/Corbis Sygma; 123, National Portrait Gallery, Smithsonian Institution, Art Resource,
New York; 125, The Granger Collection, New York; 126, Museum of American Political Life, University of Hartford, West Hartford, CT; 127 both,
The Granger Collection/New York; 128, Museum of American Political Life, University of Hartford, West Hartford, CT; 131, Dana
Fradon/cartoonbank.com; 1321, Museum of American Political Life; 132 bl, br, Russ Lappa; 134 r, Corbis; 134 the rest, The Granger Collection, New
York; 136, Michael Schumann/SABA; 137, Joe Sohm/The Image Works; 1391, Laimute Druskis/Stock Boston; 139 r, AP Photo/File; 1411, AP
Photo/Rick Wilking; 141 bl, Dunagin; 141 br, Steve Sack; 146-147, The Piedmont Library/Art Resource, New York; 148 I, Joe Griffin/Archive
Photos; 148 r, The Granger Collection, New York; 1491, Bob Daemmrich Photography; 1491, The Granger Collection, New York; 149 r, Library of
Congress; 151, Prentice Hall; 152, Joseph Sohm/ChromoSohm; 153, ©1870 Harper's Weekly; 15A,"lav\or"/Albuquerque Tribune, N.M./Rothco; 155, Mauldin/©
1952 St. Louis Post-Dispatch; 157, © 1978 Matt Herron/Take Stock; 158, ©2000 Mick Stevens from cartoonbank.com. All rights reserved.; 159, Eve
Arnold/Magnum Photos; 160, The Granger Collection, New York; 161 both, Corbis-Bettmann; 162, Charles Moore/Black Star; 163, Corbis-
Bettmann; 165, "ROB ROGERS" Reprinted by permission of UFS, Inc.; 166, KAL/Tfte Baltimore Sun; 169 t, Gordon Hodge/Corbis Sygma; 169 inset, A.
Ramey/Stock Boston; 171, Tom Vano; 175, © 1986 The Philadelphia Inquirer. Reprinted with permission of Universal Press Syndicate. All rights reserved.;
176-177, Michael Newman/PhotoEdit; 178, Spencer Grant/PhotoEdit; 179 I, ©1968 Burt Glinn/Magnum Photos, Inc.; 179 ml, Owen Franken/ Stock
Boston; 179 mr, Arthur Grace/Corbis Sygma; 179 r, ©1992 Matthew McVay/SABA Press Photos; 181 both, The Museum of American Political Life,
University of Hartford, West Hartford, CT; 182, "Dunagin's People" by Ralph Dunagin. Reprinted with special permission of N.A.S., Inc.; 186, J.
Patrick Forden/Corbis Sygma; 187, UPl/Corbis-Bettman; 188, Haviv/ SABA Press Photos; 189, Rick Friedman/Black Star; 192, The Museum of
American Political Life, University of Hartford, West Hartford, CT; 194, Russ Lappa; 1951, Bob Daemmrich/Stock Boston; 195 b, Tony
Freeman/PhotoEdit; 196, Federal Election Commission; 198 I, Russ Lappa; 198 m, Paul Conklin/PhotoEdit; 198 r, Peter Blakely/SABA Press Photos;
202, ©The New Yorker Collection, 1997 Mick Stevens from cartoonbank.com. All Rights Reserved.; 205, Steve Sack; 206-207, NCSA, University of
Illinois/Science Photo Library/Photo Researchers, Inc.; 209, Booth/cartoonbank.com; 2101, Gabe Kirchheimer/Black Star; 210 m, Bob Daemmrich
Photography; 210 r, Tony Freeman/PhotoEdit; 213, Detroit News; 214, Russ Lappa; 215, R. Ellis/Corbis Sygma; 216, Najlah Feanny/SABA Press
Photos; 2171, Harris Interactive; 217 b, Prentice Hall; 218, Reprinted by permission of United Features Syndicate; 220, Corbis; 221, By permission of
Mike Luckovich and Creators Syndicate; 2221, Dana White/ PhotoEdit; 222 r, Concept by Tassos Gioia at Avote.com; 223,2241, Corbis; 224 r, Bob
Daemmrich Photo, Inc.; 226, Sam Saregent/Liaison Agency; 228, Patrick Forestier/ Corbis Sygma; 229, Courtesy of Joseph Turow; 230, Russ Lappa;
233, MacNelly/MacNelly.com/C/j/cago Tribune, 234-235, ©1999 Thomas Dodge/AGStockUSA; 236, Russ Lappa; 237 I, Families USA; 237 m, P.F.
Gyro/Corbis Sygma; 237 r, Bob Daemmrich/Stock Boston; 238,239, David Maung/lmpact Visuals; 242, Bob Daemmrich/The Image Works; 243 both,
Courtesy of Lake Norman Chamber of Commerce; 244, Antoine Serra/Corbis Sygma; 245 I, Porterfield-Chickering/ Photo Researchers, Inc.; 245 r,
Lianne Enkelis/Stock Boston; 246, Martin Simon/SABA Press Photos; 248, AP Photo/Ron Edmonds; 249, Austin Arc ; 2501, Paul Conklin/PhotoEdit;
250 b, Ira Wyman/Corbis Sygma; 251, Mike Keefe/Courtesy Denver Post; 2521, © 1993 Washington Stock Photo; 252 b, David Young-Wolff/ PhotoEdit;
2531, American Conservative Union; 253 r, ACLU; 257, Schwadron/Rothco.
UNIT 3 Page 258-259, R. Krubner/H. Armstrong Roberts; 260-261, Ian Wagreich /Illustrative Images; 262, Ken Lambert/ Washington Times via
Newsmakers/Liaison Agency; 265, AP/Wide World Photos; 266, Corbis; 271, Corbis-Bettmann; 273, Troy Glasgow/Black Star; 274, Kevin Siers, The
Charlotte Observer, King Features Syndicate; 275, The Granger Collection, New York; 278, ©1890 Puck; 279, AP Photo/Linda Spillers; 281, Liaison
Agency; 282 I and m, Courtesy of Rep. Ileana Ros-Lehtinen; 282 r, Ian Wagreich/lllustrative Images; 283, Joseph Farris/cartoonbank.com; 287, ©
1999 by Herblock in The Washington Post; 288-289, Markel/Liaison Agency; 290, Library of Congress; 2911, Courtesy of Representative Xavier Becerra; 292,
Bob Artley, Courtesy Washington (Minn) Daily Globe; 293, Jeff Greenberg/New England Stock Photography; 294, Najlah Feanny/Stock Boston; 297, The
Granger Collection, New York; 2981, Jim Leynse/SABA Press Photos; 298 r, Erica Langner/Black Star; 298 inset, PhotoDisc, Inc.; 299 b, Courtesy
Cybercoin; 299 the rest, Courtesy of the Federal Reserve Bank of San Francisco; 300, Andrew Sacks/AGStockUSA; 303 all, Russ Lappa; 305, "The
Federal Procession in N.Y., 1788" from Lamb's History of the City of N.Y. American Antiquarian Society. Hand-colored by Sandi Rygiel/Picture
Research Consultants; 306 I, Library of Congress; 306 r, Collection of Ralph J. Brunke; 3071, Jeffery S. Underwood, Ph.D..United States Air Force
Museum Historian; 307 b, Harry Edelman/Black Star; 309, R. Ellis/Corbis Sygma; 310, UPl/Corbis-Bettmann; 310 inset, Collection of Bette Lane.
Photograph©Rob Huntley/Lightstream; 311 U, SuperStock; 311 bl, Collection of Bill McClenaghan; 311 tr, Corbis; 311 br, Terry Ashe/Liaison
Agency; 313, RolandFreeman/Magnum Photos; 314, Corbis; 317, © 2000 by Herblock in the Washington Post; 318-319, Ian Wagreich /Illustrative Images;
320, United States Congress; 321, Brad Markel/Liaison Agency; 322, Tribune Media
Acknowledgments          841 DDE
Services; 323, AP Photo/Ron Edmonds; 327, AP Photo/Joe Marquette; 328, Brad Markel/Liaison Agency; 329, AP Photos/U.S. Mint; 330, A.Tovy/H. Armstrong Roberts; 334, United States House of
Representatives; 336,337, Corbis; 338, Tomaschoff, Rheinische Post, Dusseldorf Germany/ Creators & Writers Syndicate; 339, Courtesy of Rivers for Congress; 341 both, The Granger Collection, New York; 342,
United States Senate; 343, AP/Wide World Photos; 346, AP Photo/J. Scott Applewhite.
UNIT 4 Page 350-351, Peter Gridley/FPG International; 352-353, Corbis Sygma; 354, White House Historical Society; 355, Markel/Liaison Agency; 356 t, Corbis; 356 b, The Granger Collection, New York; 357 t,
Allan Tannenbaum/Corbis Sygma; 357 b, Benainous-Hires-Rey/Liaison Agency; 358, Dennis Brack/Black Star; 359, AP Photo/White House, Cecil Stoughton; 360, Martha Bates/Stock Boston; 3611, Russ Lappa;
361 r, Fred Ward/Black Star; 362, Frank Cotham from cartoonbank.com; 363 both, AP/Wide World Photos; 364, Michael Philippot/Corbis Sygma; 365, Sally Andersen-Bruce/Museum of American Political Life;
365 buttons, Museum of American Political Life; 3661, The Granger Collection, New York; 366 m and r, 3701, Corbis; 370 b, Courtesy George W. Bush Campaign Website; 371, Corbis; 372, Ohman/Tribune Media
Services; 373, David Young-Wolff/PhotoEdit; 374 t, Ian Wagreich/ Illustrative Images; 374 b, AP Photo/Dan Loh; 378 tl and tr, Ian Wagreich/lllustrative Images; 378 b, Bob Daemmrich/ Corbis Sygma; 379 I,
©1993 Joseph Sohm/ChromoSohm/Photo Researchers, Inc.; 379 r, White House; 387, The New Yorker Collection 1987, Charles Barsotti from cartoonbank.com; 388-389, AP Photo/Stephan Savoia; 390, J.L.
Atlan/Corbis Sygma; 391 Adams, Garfield, McKinley, Taft, Art Resource, New York; 391 the rest, White House Historical Association; 393, St. John's Masonic Lodge of New York; 394 tr, Richard Strauss/Smithsonian
Institution; 394 top insets, Jeff Tinsley/Smithsonian Institution; 394 bl, AP Photo/Steve Helber; 395, Rob Crandall/Stock Boston; 396, AP/Wide World Photos; 397, Courtesy News & Observer (N.C.) Distributed by
L.A. Times Syndicate; 398 I, Dennis Brack/Black Star; 398 r, J.P. Laffont/Corbis Sygma; 399, Bettmann/Corbis; 400, AP Photo/Thomas Van Houtryve; 4011, The Granger Collection, New York; 401 tm, bm, Corbis;
401 b, D. Hudson/Corbis Sygma; 402, D.B. Owen/Black Star; 404,405, Corbis; 406, Special Collections Bowdoin Library; 407, Chicago Historical Society; 408, AP/Wide World Photos; 411, ©1999 Herblock/77je
Washington Post; 412-413, AP Photo/Doug Mills; 414, Russ Lappa; 415, Corbis Sygma; 416 I, U.S. Securities and Exchange Commision; 416 m, Federal Bureau of Investigation; 416 r, Farm Credit Administration
Agency; 4171, A.Tovy/H. Armstrong Roberts; 417 m, H. Armstrong Roberts; 417 r, D. Lada/H. Armstrong Roberts; 419, Dirck Haistead/Liaison Agency; 421 I, Corbis; 421 m, U.S. Department of Health and Human
Services; 421 r, A. Ramey/PhotoEdit; 423, The Granger Collection, New York; 424, The Granger Collection, New York; 4251, Paul Conclin/PhotoEdit; 425 m, Cary Wolinsky/Stock Boston; 425 r, Rob Crandall/Stock
Boston; 428, The White House /SABA Press Photos; 429, Drew Shenemen/Courtesy of Newark Star Ledger; 430, Russ Lappa; 431, Larry Downing/Corbis Sygma; 433, Russ Lappa; 434, Milepost 921/2 /Corbis;
436, Central Intelligence Agency; 437, Corbis; 438, Library of Congress; 443, Reprinted by permission, Tribune Media Services; 444-445, AP Photo/Dan Loh; 446, Jim Berry/NEA, Inc.; 447 I, Dagmar Ehling/Photo
Researchers, Inc.; 447 m, Sam Saregent/Liaison Agency; 447 r, Frank Siteman/Photri; 450, Michael A. Dwyer/Stock Boston; 451, Prentice Hall; 454, Russ Lappa; 455, Brad Markel/Liaison Agency; 457, Steve
Lindstrom/Dw/offt News-Tribune; 458, Corbis; 4591, Tom McCarthy/Photri; 459 r, Eric Horan/Liaison Agency; 459 inset, Russ Lappa; 462, Bruce Beattie/©98 Daytona Beach News-Journal; 465, Draper
Hill/Courtesy Detroit News; 465-467, Carol Barneon/Black Star; 468, The Granger Collection, New York; 469, AP Photo/Sakchai Lalit; 470, Richard Ellis/Corbis Sygma; 471, Corbis; 474, From THE BRASS RING, ©
1971 by William Mauldin; 475, Les Stone/Corbis Sygma; 476, Corbis-Bettmann; 477 both, US Coast Guard; 4781, Joseph Sohm/Corbis; 478 b, Brown Brothers; 479, Stone; 480, John Stampone/Courtesy of Army
Times; 481, Sandra Baker/Liaison Agency; 483, Library of Congress; 484, National Archives; 487, Corbis; 488, Christopher Morris/Black Star; 491, AP Photo/CARE; 494, Noel Quidu/Liaison Agency; 495, Doug
Armand/Stone; 496, Ron Da Silva/United Nations; 497, Russ Lappa; 501, ©The New Yorker Collection 1985, James Stevensen from cartoonbank.com. All Rights Reserved.
UNIT 5 Page 502-503, P.Costas/Washington Stock Photo; 504-505, Dennis Breck/Black Star; 508 t, Sam C. Pierson, Jr. 1990/Photo Researchers, Inc.; 508 b, Ian Wagreich/ Illustrative Images; 510, Dennis
Brack/Black Star; 512, John Lennon/Corbis Sygma; 513, Federal Court of Appeals for the 5th Circuit; 515, Corbis Bettmann; 516, Corbis Sygma; 519, US Supreme Court; 520, Dorothy Littell Greco/Stock Boston;
522, Supreme Court Historical Society; 5241, US Claims Court; 524 b, ©2000 John R. Welch, White Mountain Apache Tribe Historic Preservation Officer; 5251, Courtesy Judge Eugene R. Sullivan; 525 r, U.S. Court
of Appeals; 529, Corbis-Bettmann; 530, Camerique/H. Armstrong Roberts; 533, UPl/Corbis-Bettmann; 534, Corbis Sygma; 535, Tony Freeman/PhotoEdit; 537, The Granger Collection, New York; 538, Bob
Daemmrich/Stock Boston; 539, Corbis; 541, George Olsen/Woodfin Camp & Associates; 542, Eunice Harris/Photo Researchers, Inc.; 543, From the private collection of Rabbi Albert I. Slomovitz, Ph.D.; 545, A.
Ramey/Stock Boston; 546, AP Photo/George Bridges; 547, National Archives; 548, Yates-Brickman/King Features Syndicate; 549, Fred Ward/Black Star; 550, International Stock; 552, Michael Abramson/ Black
Star; 554, AP/Wide World Photos; 555, Bob Daemmrich, Inc.; 557, Laura Kleinhenz/SABA Press Photos; 561, © The New Yorker Collection 1991, Mischa Richter from cartoonbank.com. All Rights Reserved.; 562-
563, Stone; 564, Hulton GettyPicture Library; 566, ©The New Yorker Collection 1970, J.B. Handelsman from cartoonbank.com. All Rights Reserved.; 567, Tom McCarthy/PhotoEdit; 569, Michelle Agins/NYT
Pictures; 570, Marc Asnin/SABA Press Photos; 572, Markel/Liaison Agency; 576, Library of Congress; 5801, AP Photo/John Giles; 580 r, Lauren Greenfield/Corbis Sygma; 581, Wayne Stayskal/Courtesy Tampa
Tribune; 583, Corbis-Bettmann; 584, Flip Schulke/Black Star; 5861, Andrew Lichenstein/Corbis Sygma; 586 r, Kevin Maloney/Liaison Agency; 591, ©The New Yorker Collection 1999, Jack Ziegler from
cartoonbank.com. All Rights Reserved.; 592-593, Corbis-Bettmann; 594, Bob Daemmrich/Stock Boston; 596, Fabian Falcon/Stock Boston; 597, Matthew McVay/SABA Press Photos; 599, Hulton Getty; 600, Russ
Lappa; 601, Sandra Baker/Liaison Agency; 602, Corbis; 603, The Newark Art Museum/Art Resource, New York; 604, Library of Congress; 605 I, Corbis-Bettmann; 605 r, Stock Boston; 607, Corbis-Bettmann; 608,
SuperStock; 610, AP Laser Photo; 611, David
Young-Wolff/PhotoEdit; 612, Rod Rolle/Liaison Agency; 617, Bill Aron/PhotoEdit; 618, ©Don Wright, The Palm Beach Post.
UNIT 6 Page 622-623, AP Photo/Greg Baker; 624-625, Ed Pritchard/Stone; 626, National Archives; 627, AP Photo/Max Nash/POOL; 628, 629, Universal Pictorial Press Agency; 630, Corbis; 631, The Scottish
Parliament; 632, Universal Pictorial Press Agency; 6331, T. Graham/ Corbis Sygma; 633 b, James Andanson/Corbis Sygma; 634, The Granger Collection, New York; 635, Krug/Action Press/SABA Press Photos;
636, AP Photo/ltsuolnouye; 638, Corbis; 639, J.P. Laffont/Corbis Sygma; 640, Museum of Flight/Corbis; 641 I, Woodfin Camp & Associates; 641 tr, The Image Works; 641 br, Lester Lefkowitz/The Stock Market;
642, Corbis; 643, Richard During/Stone; 644, Keith Dannemiller/SABA Press Photos; 645, Corbis; 646, The Stock Market; 647, Sergei Guneyev/SABA Press Photos; 648, Jeffrey Mrkowitz/Corbis Sygma; 649,
James McCloskey/Courtesy Staunton Daily News Leader; 650, The Granger Collection, New York; 651, Porter Gifford/ Liaison Agency; 652, Hugh Sitton/Stone; 655, Gary Brookins/Courtesy Richmond Times-
Dispatch; 656-657, Joseph Sohm/Stock Boston; 658, Myrleen Ferguson/ PhotoEdit; 660, Jeff Greenberg/PhotoEdit; 661, Steve Sack; 662, Reiss/Action Press/SABA Press Photos; 663 I, David Young-
Wolff/PhotoEdit; 663 m, Gary Conner/PhotoEdit; 663 r, Michael L. Abramson/Woodfin Camp & Associates; 664, Russ Lappa; 665, Mathieu Polak/Corbis Sygma; 667 t, Hulton Corbis; 667 inset, Corbis; 668,
AP/Wide World Photos; 671, Corbis Sygma; 672, Sovfoto/Eastfoto; 673, Owen Franken/Stock Boston; 674, Sovfoto/Eastfoto; 675, R. Ellis/Corbis Sygma; 675, AP/Wide World Photos; 679, Danziger.
UNIT 7 Page 680-681, Tony Arruza/The Image Works; 682-683, Daemmrich/The Image Works; 684, The Granger Collection, New York; 685, From the Rotarian, June 1972. By permission of the Publisher.; 686,
Virginia Historical Society; 689, Matthew McVay/Stone; 690, The Granger Collection, New York; 691 I, Corbis; 691 r, Najlan Feanny/SABA Press Photos; 692, Bob Daemmrich/Stock Boston; 695, AP/Wide World
Photos; 696, Richard Bloom/SABA Press Photos; 698, AP Photo/Dan Krauss; 700, AP/Wide World Photos; 701, Joel Page Photo; 702, North Wind Picture Archives; 703, Bob Daemmrich/Pictor; 704, ©The New
Yorker Collection 1999, Michael Maslin from cartoonbank.com. All Rights Reserved.; 7061, Russ Lappa; 706 b, Bob Daemmrich/Stock Boston; 707, National Archives; 709, ©The New Yorker Collection 1998,
Michael Maslin from cartoonbank.com. All Rights Reserved.; 711 I, Tony Freeman/PhotoEdit; 711 r, AP/Wide World Photos; 715, © The New Yorker Collection 1981, James Stevenson from cartoonbank.com. All
Rights Reserved.; 716-717, Jose Fernandez/Woodfin Camp & Associates; 718, Mark C. Burnett/Stock Boston; 720, Bob Darmmrich/Stock Boston; 722, Paula Lerner/Woodfin Camp & Associates; 723, Charles
Schoffer/lndex Stock Imagery; 725, Wolfgang Kaehler/Liaison Agency; 726 t, The Granger Collection, New York; 726 b, R. Foulds/Washington Stock Photo; 7301, The Granger Collection, New York; 730 r, R. Foulds/
Washington Stock Photo; 731, The Image Works; 732, By permission of Mike Luckovich and Creator's Syndicate, Inc.; 733, Courtesy Ul Homepage; 734, The Image Works; 7361, David Buton/SABA Press Photos;
736 m, Kevin Horan/Stock Boston; 736r, Wernher Krutein/Liaison Agency; 739, Catherine Kamow/Woodfin Camp &Associates; 740 I, Tony Korody/Corbis Sygma; 740 r, Corbis; 742, Reprinted with permission
from the Minneapolis Star and Tribune; 743, ©Sheryl Schindler/Courtesy of the Office of the Board of Education, Sap Francisco; 747, ©The New Yorker Collection 1955, Ed Fisher from cartoon-bank.com. All Rights
Reserved. "
End Matter Page 748 background, P. Costas/Washington Stock; 748 U, tr, The Granger Collection, New York; 748 mr, Rob Crandall/Stock Boston; 748 bl, UPl/Corbis-Bettmann; 748 br, AP Photo/Stephan Savoia;
749, The Granger Collection, New York; 754 all, Art Resource, New York; 7551, White House; 755 the rest, White House Historical Association; 797, Library of Congress; 798, Chicago Historical Society.

Text Acknowledgments
Page 78, "Letters of Liberty" adapted, with permission from the publisher, from THE BILL OF RIGHTS: A USER'S GUIDE, © 2000. Close Up Foundation, Alexandria, Virginia; 96, "The New Federalism: Two Views"
adapted, with permission from the publisher, from PERSPECTIVES: READINGS ON CONTEMPORARY AMERICAN GOVERNMENT, © 1989. Close Up Foundation, Alexandria, Virginia; 136, From "Mission Statement
and Party History" from THE REFORM PARTY official Web site; 158, "The Dangers of Voter Apathy" reprinted, with permission from the publisher, from PERSPECTIVES: READINGS ON CONTEMPORARY AMERICAN
GOVERNMENT, © 1997. Close Up Foundation, Alexandria, Virginia; 214, From "The Post's Nuevo Washington" by Lisa Lopez from Newswatch Journal 9: Winter 2000. Used by permission; 246, From "Message to
America" GENERAL POWELL'S CORNER by General Colin Powell; 248, From "Destination: The American Dream" Keynote Address, 89th Annual National Urban League, Houston, Texas, August 9,1999; 328, From
"24 Years of House Work.. .and the Place Is Still a Mess" © 1998 by Pat Schroeder. Reprinted with permission of Andrews McMeel Publishing. All rights reserved; 364, "Vice Presidency" from THE READER'S
COMPANION TO AMERICAN HISTORY, edited by Eric Foner and John A Garraty. Copyright © 1991 by Houghton Mifflin Company. Reprinted by permission Of Houghton Mifflin Company. All rights reserved; 516, From
"The Constitutional Litmus Test" Nadine Strossen, The American Prospect No. 14, Summer 1993;'545, From "State of the First Amendment" from FREEDOM FORUM. Used by permission of the First Amendment
Center; 584, From GIDEON'S TRUMPET by Anthony Lewis. Copyright © 1954 & renewed 1992 by Anthony Lewis. Reprinted by permission of Random House, Inc.; 607, "Perspectives on the Constitution" adapted,
with permission from the publisher, from PERSPECTIVES: READINGS ON CONTEMPORARY AMERICAN GOVERNMENT, © 1989. Close Up Foundation, Alexandria, Virginia; 644, From "Disillusioned Mexicans Ask: Why
Bother Voting?" by Susan Ferriss from AUSTIN AMERICAN STATESMAN NEWSPAPER - OCTOBER 24,1999; 671, Tony Blair's speech from the Labour Party Annual Conference 2000. Reprinted by permission of the
Labour Party U.K.; 701, "Enter the New Breed" by Garry Boulard, reprinted from State Legislatures July/August 1999 magazine, Vol. 25, No. 7. Copyrighted by the National Conference of State Legislatures 1999;
724, Republished with permission of Congressional Quarterly Inc., from "Seeing the Regional Future" by William Fulton from GOVERNING, APRIL 1999; permission conveyed through Copyright Clearance Center, Inc.
NOTE: Every effort has been made to locate the copyright owner of material reprinted in this book. Omissions brought to our attention will be corrected in subsequent editions.

842           Acknowledgments
Stop the Presses
Bury me on my face; for in a little while everything will be turned upside down.
—Diogenes
On this and the following page you will find a number of last-minute items which, for reasons of timing,
could not be included in the main body of the text.
^W^.See also the companion Web site for Magruder's American Government ^Spr at www.phschool.com

Voter Behavior, 2000
The anatomy of the votes cast for Democrat Al Gore, Republican George W. Bush, and the Green Party's
Ralph Nader in the extraordinarily close presidential election of 2000 is set out in the table below. The
table is drawn from data collected by Voter News Service, a cooperative effort of ABC, CBS, NBC, CNN,
Fox, and the Associated Press. VNS conducted exit interviews
with 13,279 voters as they left 300 polling places around the country on election day.
This exit poll data reflects voter behavior in the presidential election. It does not (except in the final
category) reflect that behavior in the congressional elections of 2000, in which the Republicans narrowly
retained control of the House of Representatives and the Senate.
2000 Election Exit Poll Data
%of
Total                                      %           %            %
Vote                                       Gore        Bush         Nader
48     Men                                 42          53           3
52     Women                               54          43           2
82     White                               42          54           3
10     African American                    90          8            1
4      Hispanic                            67          31           2
2      Asian American                      54          41           4
17     18-29 years old                     48          46           5
33     30-44 years old                     48          49           2
28     45-59 years old                     48          49           2
22     60 and older                        51          47           2
8      Men, 18-29 years old                41          51           6
9      Women, 18-29 years old              53          42           4
16     Men, 30-44 years old                42          54           2
17     Women, 30-44 years old              53          45           2
13     Men, 45-59 years old                41          55           2
15     Women, 45-59 years old              53          44           2
10     Men, 60 and older                   44          53           2
11     Women, 60 and older                 56          42           2
Stop the Presses   213
2000 Election Exit Poll Data (continued)
Note: Totals may not add to 100 due to (grounding,
(2) nature of category, or
(3) votes cast for other candidates.
%of I
Total j                                              %      % |       %
Vote |                                               Gore   Bush j    Naderj
47            White Protestant                       34 I   63        2 !
26 j          Catholic                               49 j   47 |      2 j
4    I        Jewish                                 79     19 !
                                                                      1   j
5 |           Not high school graduate               59 I   39 j      1       |
21 j          High school graduate                   48 j   49 |      1       !
32 j          Some college education                 45 i   51        3   j
24 |          College graduate                       45 I   51    I   3   =

18 |          Post-graduate education                52 I   44    I   3
7 !           Family income under $15,000            57 i   37    !   4
16 j          $15,000-$29,999                        54 |   41    !   3
24            $30,000-$49,999                        49     48        2
53 ;          Over $50,000                           45     52    •   2
28            Over $75,000                           44     53        2
15 •          Over $100,000                          43     54        2
26            Union household                        59     37
23            From the East                          56     39        3
j 26          From the Midwest                       48     49        2
j31           From the South                         43     55        1
! 21          From the West                          48     46        4
I  9
              Cities over 500,000 population         71     26        3
j 20          Cities 50,000-500,000 population : ^ W M 40             2
! 43          Suburbs                          47      49             3
I  5
              Cities 10,000-50,000 population 38       59             2
! 23          Rural areas                            37     59        2
j 20          Suburban men                           41     55        3
I 23          Suburban women                         52     45        ! 2
I   65        Married                                44     . 53      ; 3
j 35          Unmarried                              i 57   38        4
i   32        Married men                            ! 38   ! 58      : 2
j   33        Married women                          I 48   \ 49
                                                                      I       2
I 16          ; Unmarried men                        48     \ 46      i 4
i 19          I Unmarried women                      \ 63
                                                            j    32   I       3
j   35      i Republicans                      I   8    i91      \ 1
I   27      ! Independents                     j   45   ! 47
                                                                 I  6
I 39        I Democrats                        I 86     I   11   I 2

i 20        Liberals                           \ 80     i 13
                                                                 i   6
I 50        | Moderates
                                               I 52     I 44     I   2
I 29        | Conservatives                    ! 17     ! 81     ! 1
! 9         I First-time voters                ! 52     ! 43
                                                                 I    4
! 46        | Voted for Clinton in 1996        I82      ! 15     I   2
I 31        j Voted for Dole in 1996           j 7      i 91     j   1
! 6         | Voted for Perot in 1996          | 27     64       j   7
I 49        I Congressional vote, Democrat     \ 85     ! 11     !    3
! 49        j Congressional vote, Republican   ! 12     j   86   I   1
215      Stop the Presses

				
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