CLEP American Government key terms
CLEP American Government · Get comfortable with the vocabulary.
- Federalism
- Related: Reserved powers, Supremacy clause
A system in which power is divided between a national government and state governments, each with its own constitutionally protected authority. The Constitution grants certain powers to the national government, reserves others to the states, and leaves some shared.
- Separation of powers
- Related: Checks and balances, Judicial review
The division of governmental authority among legislative, executive, and judicial branches so that no single branch holds all power. Each branch performs distinct functions and rests on a separate base of political accountability.
- Checks and balances
- Related: Separation of powers, Veto, Judicial review
Constitutional provisions that let each branch limit the others, such as the presidential veto, Senate confirmation of judges, and judicial review of statutes, so that no branch can dominate the government.
- Necessary and proper clause
- Related: Commerce clause, Federalism
The Article I clause granting Congress power to make laws needed to carry out its enumerated powers. It is the constitutional basis for implied powers and has allowed broad expansion of federal legislative authority.
- Supremacy clause
- Related: Federalism, Reserved powers
The Article VI provision making the Constitution, federal laws, and treaties the supreme law of the land, binding state judges even when state law conflicts. It anchors national authority within the federal system.
- Commerce clause
- Related: Necessary and proper clause, Federalism
The Article I clause giving Congress power to regulate interstate and foreign commerce. Interpreted broadly since the New Deal, it supports much federal regulation of the economy and of civil rights.
- Reserved powers
- Related: Federalism, Supremacy clause
Powers not delegated to the national government and not prohibited to the states, retained by the states or the people under the Tenth Amendment. They include policing, education, and most family law.
- Filibuster
- Related: Cloture
A Senate tactic in which extended debate prevents a vote on a bill. Ending the debate requires a supermajority of sixty senators under cloture, so a large minority can block legislation.
- Cloture
- Related: Filibuster
The Senate procedure to end debate on a measure, requiring sixty votes. It limits filibusters but does not guarantee passage of the underlying bill.
- Gerrymandering
- Related: Equal protection clause
Drawing legislative district boundaries to favor a party, an incumbent, or a group. Courts restrict versions that dilute minority voting strength or otherwise violate equal protection.
- Speaker of the House
- Related: Conference committee
The presiding officer chosen by the House majority, who controls recognition, committee assignments, and the floor schedule. The Speaker is second in line to the presidency after the vice president.
- Conference committee
- Related: Speaker of the House
A temporary joint committee of House and Senate members that reconciles differences between the two chambers' versions of a bill before final passage.
- Executive order
- Related: Bureaucratic discretion, Veto
A directive from the president to federal agencies, issued under statutory or constitutional authority, that manages operations and policy without new legislation. Courts may strike down orders that exceed legal authority.
- Veto
- Related: Checks and balances, Executive order
The president's constitutional power to reject legislation. A regular veto returns the bill to Congress, which can override it with two-thirds votes in each chamber; a pocket veto occurs when Congress adjourns within ten days.
- Judicial review
- Related: Stare decisis, Separation of powers, Writ of certiorari
The power of courts to declare acts of Congress, the president, or the states unconstitutional. Established in Marbury v. Madison, it makes the judiciary a final interpreter of constitutional meaning.
- Stare decisis
- Related: Judicial review, Writ of certiorari
The judicial principle of standing by precedent so that similar cases are decided consistently. It promotes stability and predictability, though courts may overrule precedent, especially in constitutional cases.
- Writ of certiorari
- Related: Judicial review, Amicus curiae brief
An order from a higher court, mainly the Supreme Court, directing a lower court to send up its record for review. The Court grants certiorari in only a small fraction of the petitions it receives.
- Amicus curiae brief
- Related: Interest group, Writ of certiorari
A friend-of-the-court filing by a person or organization that is not a party to a case, offering information, arguments, or perspective intended to influence the court's decision.
- Bureaucratic discretion
- Related: Executive order, Lobbying
The latitude agencies have in interpreting and applying laws, deciding how rules are written and enforced. Discretion grows when statutes are vague or delegate broad authority to administrators.
- Selective incorporation
- Related: Due process clause, Establishment clause
The process by which the Supreme Court has applied most Bill of Rights protections to the states through the Fourteenth Amendment's due process clause, one right at a time.
- Due process clause
- Related: Selective incorporation, Equal protection clause
A constitutional guarantee that government may not deprive a person of life, liberty, or property without fair procedures and, substantively, without adequate justification. It appears in the Fifth and Fourteenth Amendments.
- Establishment clause
- Related: Selective incorporation
The First Amendment prohibition on laws respecting an establishment of religion. It limits government support for religion and shapes disputes over school prayer, public aid, and religious displays.
- Prior restraint
- Related: Selective incorporation
Government action that prevents expression before it occurs, such as an injunction against publication. Courts presume such restraints unconstitutional except in narrow, extraordinary circumstances.
- Exclusionary rule
- Related: Due process clause
The rule that evidence obtained through unconstitutional searches or seizures generally cannot be used against a defendant at trial. Its main purpose is to deter police misconduct.
- Equal protection clause
- Related: Strict scrutiny, Affirmative action, Due process clause
The Fourteenth Amendment guarantee that no state may deny any person the equal protection of the laws. It underlies challenges to discriminatory classifications and requires courts to apply different levels of scrutiny.
- Strict scrutiny
- Related: Equal protection clause, Affirmative action
The most demanding standard of judicial review, used for suspect classifications and fundamental rights. Government must show a compelling interest and narrow tailoring for the policy to survive.
- Affirmative action
- Related: Strict scrutiny, Equal protection clause, Civil Rights Act of 1964
Policies that consider race, ethnicity, or sex to expand opportunities for groups that faced past discrimination. Courts subject them to strict scrutiny, and their use in college admissions has been sharply limited.
- Civil Rights Act of 1964
- Related: Equal protection clause, Affirmative action
A federal law barring discrimination based on race, color, religion, sex, or national origin in employment, public accommodations, and federally funded programs. It authorized enforcement and shaped later civil rights litigation.
- Interest group
- Related: Lobbying, Political action committee, Free rider problem
An organized association that seeks to influence public policy on behalf of shared interests, using lobbying, electioneering, litigation, and public campaigns. Groups vary widely in resources, membership, and access.
- Political action committee
- Related: Interest group, Lobbying
An organization that pools contributions from members, employees, or supporters and donates to candidates, parties, or causes, subject to federal registration and contribution limits.
- Lobbying
- Related: Interest group, Political action committee
Efforts to influence legislators and officials, typically through direct meetings, committee testimony, and information supplied by registered lobbyists. It is protected by the First Amendment right to petition government.
- Free rider problem
- Related: Interest group, Pluralism
The difficulty groups face when people can enjoy collective benefits, such as cleaner air or higher wages, without joining or paying dues. Groups respond with selective incentives or compulsory membership.
- Party realignment
- Related: Retrospective voting, Pluralism
A durable shift in the partisan balance, usually following a critical election, in which coalitions change and one party gains lasting dominance. Examples include the elections of 1860 and 1932.
- Pluralism
- Related: Interest group, Free rider problem
The view that policy results from competition among many groups, with no single elite controlling outcomes. Critics argue that resources are unequal, so some interests are better represented than others.
- Political socialization
- Related: Public opinion poll, Political efficacy
The lifelong process by which people acquire political attitudes, values, and behaviors through family, schools, peers, media, and major events.
- Political efficacy
- Related: Voter turnout, Political socialization
A person's belief that his or her political action can be understood and can influence government. Low efficacy is associated with lower participation, especially among younger and disadvantaged citizens.
- Public opinion poll
- Related: Voter turnout, Political socialization
A survey using a representative sample to estimate the views of a larger population. Accuracy depends on random sampling, unbiased question wording, and honest responses.
- Voter turnout
- Related: Political efficacy, Retrospective voting
The percentage of eligible or registered citizens who cast ballots. U.S. turnout is shaped by registration rules, election laws, competitiveness, and demographic factors.
- Retrospective voting
- Related: Voter turnout, Party realignment
Casting a ballot based on evaluation of past performance, such as the state of the economy or an incumbent's record, rather than on promises about the future.
- Gender gap
- Related: Party realignment, Voter turnout
The consistent difference between men and women in party identification and voting behavior, with women more likely than men to support Democratic candidates in recent decades.