Ap Government And Politics Wingren Midterm

Front 1

Natural RIghts Philosophy

Back 1

The doctrine that people have basic rights, such as those to life, liberty, and property in a state of nature. Some writers, especially the American Founders, argued that certain of these rights are inalienable--inherent in being human--and that people create governments to protect those rights.

Front 2

Constitutional Government

Back 2

Limited government; the rule of law. A form of government in which a written, unwritten, or party written constitution serves as a higher or fundamental law that everyone, including those in power, must obey. The rule of law is an essential feature of constitutional government.

Front 3

Civic Virtue

Back 3

The dedication of citizens to the common welfare of their community or country, even at the cost of their individual interests. Traditionally, considered most relevant to republics, since republican citizens are responsible for the well-being of their country.

Front 4

Private Domain (Eminent Domain)

Back 4

The inherent power of the state to seize a citizen's private property or to expropriate property or rights in property without the owner's consent. The Fifth Amendment to the U.S. Constitution provides for "just compensation" for private property taken for public use, known as the "takings clause".

Front 5

Separation of Power

Back 5

The division of powers among the different branches of government. In the United States, powers are divided among the legislative, executive, and judicial branches.

Front 6

Capitalism

Back 6

An economic system in which the means of producing and distributing goods are privately owned and operated for profit in competitive markets.

Front 7

Feudalism

Back 7

A system of social, economic, and political organizations in which a politically weak king or queen shared power with the nobility. The nobility required work and services from the common people in return for allowing them to live on and make use of the noble's land and benefit from the noble's protection.

Front 8

Writ of Habeas Corpus

Back 8

A court order directing that a prisoner be brought to court before a judge to determine if the detention of the person is lawful. From the Latin term meaning, "you shall/should have the body."

Front 9

Cruel and Unusual Punishment

Back 9

A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society. The Eighth Amendment prohibits such punishments.

Front 10

Declaration of Independence

Back 10

Statement that listed the basic principles of democratic government and gave reasons why the colonists wanted to free themselves from British rule. It was signed by the members of Congress on July 4, 1776.

Front 11

Preamble to the Declaration of Independence

Back 11

he Preamble eloquently introduces the list of grievances that will follow in the rest of the Declaration of Independence. It discusses when it is acceptable for a people to revolt. The Preamble introduces the importance of Natural Rights. It states that the King’s rule on the colonies was heinous enough to allow for rebellion.

We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Front 12

Popular Sovereignty

Back 12

The natural rights concept that ultimate political authority rests with the people.

Front 13

Judicial Review

Back 13

The power of the courts to say that the Constitution does not allow the government to do something.

Front 14

3 Branches of Government

Back 14

Legislative, Executive, Judicial

Front 15

States' Rights

Back 15

Powers expressly or implicitly reserved to the states and emphasized by decentralists.The Constitution, federal laws that follow the constitution and treaties with other countries all trump state laws. The term was used in regards to opposition towards federally mandated racial desegregation.

Front 16

Articles of Confederation

Back 16

The Articles of Confederation was the first United States constitution, adopted in 1781 It specified how the Federal government was going to run and adopted the official name of the United States of America. The Articles allowed the federal government to make war, create diplomatic treaties, and resolve western territory issues. The federal government could not tax, and there was no executive or judiciary. The Articles was replaced by the Constitution in 1788.

Front 17

Philadelphia Convention

Back 17

The meeting held in Philadelphia in 1787 at which the U.S. Constitution was written.

Front 18

Equal vs. Proportional Representation

Back 18

Equal-The idea that each state should have the same number of representatives in Congress. The number of representatives in the Senate is based on equal representation.
Proportional-The electoral system in which the number of representatives for a state is based on the number of people who live in that state. Proportional representation is used to determine the number of each state's representatives serving in the House of Representatives.

Front 19

Virginia and New Jersey Plans

Back 19

Virginia Plan- The plan presented at the Philadelphia Convention that provided for a national government composed of three branches. It proposed a Congress of two houses, both of which would be based on proportional representation. The Virginia Plan favored a strong national government.

New Jersey Plan- The plan presented at the Philadelphia Convention that called for a one-house national legislature with each state having equal representation. The New Jersey Plan followed the framework of the Articles of Confederation and favored a weak national government.

Front 20

Supremacy Clause

Back 20

The clause in the U.S. Constitution that explains that states cannot make laws that conflict with the U.S. Constitution or with the laws made by Congress.

Front 21

General Welfare Clause

Back 21

Article I, Section 8, Clause 1 of the Constitution that authorizes Congress to provide for the common defense of the country and for the common good, described as the "general Welfare."

Front 22

Electoral College

Back 22

The group of presidential electors who cast the official votes for president and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives.

Front 23

Federalists vs. Anti-Federalists

Back 23

Federalists- Advocates for ratification of the Constitution and for a strong centralized government; they flourished as a political party in the 1790s under the leadership of Alexander Hamilton. The party disappeared from national politics in 1816.

Anti-Federalists- Opponents to ratification of the U.S. Constitution who believed that it gave excessive power to the federal government and failed to protect the rights and liberties (political rights) of the people.

Front 24

Federalist Papers

Back 24

A series of letters to the editor written in 1787-88 by Alexander Hamilton, James Madison, and John Jay, urging the adoption of the Constitution and supporting the need for a strong national government.

Front 25

Bill of Rights

Back 25

The first ten amendments to the Constitution. It lists some basic rights of the people that the federal government may not interfere with and must protect.

Front 26

Political Parties

Back 26

Any organization that seeks to achieve political power by electing members to public office so that their political philosophies can be reflected in public policies.

Front 27

Federalism

Back 27

Federalism is a system of government in which power to govern is divided between a nation and state governments. It is also when a group of members are bound by a covenant.

Advocates for ratification of the Constitution and for a strong centralized government; they flourished as a political party in the 1790s under the leadership of Alexander Hamilton. The party disappeared from national politics in 1816.

Front 28

Privileges and Immunities Clause

Back 28

In the United States, the term refers especially to the fundamental freedoms and privileges guaranteed by the Thirteenth and Fourteenth Amendments to the U.S. Constitution and by subsequent acts of Congress. These include civil liberties, due process, equal protection of the laws, and freedom from discrimination.

(Amendment XIV, Section 1, Clause 2 states:“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States")

Front 29

Free Exercise Clause

Back 29

The part of the First Amendment that says the government shall not stop you from holding any religious beliefs you choose. The government may not unfairly or unreasonably limit your right to practice any religious beliefs you wish.

Front 30

Establishment Clause

Back 30

The part of the First Amendment that says the government cannot set up an official religion.

Front 31

Necessary and Proper Clause

Back 31

Article I, Section 8, Clause 18 of the Constitution that gives Congress the power to make all laws that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the elastic clause.

Front 32

Full Faith and Credit Clause

Back 32

-Clause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public record and acts as valid.

-The clause of the U.S. Constitution that provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States. Article IV, Section 1 provides, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." The Full Faith and Credit Clause ensures that judicial decisions rendered by the courts in one state are recognized and honored in every other state. It also prevents parties from moving to another state to escape enforcement of a judgment or to relitigate a controversy already decided elsewhere, a practice known as forum shopping.

Front 33

Dred Scott Case

Back 33

1857 ruling of the Supreme Court of the United States that made slavery legal in all U.S. territories. Scott was a slave whose master had taken him in 1834 from a slave state (Missouri) to a free state and a free territory, then back to Missouri. Scott sued for his freedom in Missouri in 1846, claiming his residence in a free state and a free territory made him free. The opinion of Chief Justice Roger B. Taney declared that Scott was not entitled to rights as a U.S. citizen and, in fact, had "no rights which any white man was bound to respect". Taney and six other justices struck down the Missouri Compromise as unconstitutional, maintaining that Congress had no power to prohibit slavery in the territories (see states' rights). The decision, a clear victory for the South, increased Northern antislavery sentiment, strengthened the new Republican Party, and fed the sectional strife that led to war in 1861.

Front 34

Black Codes

Back 34

Regulations passed by Southern state governments during Reconstruction to prevent African Americans from voting.

Front 35

Civil War Amendments

Back 35

The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution passed after the Civil War. These amendments were intended to give former slaves the rights of citizens.
The Thirteenth Amendment abolished slavery, the Fourteenth Amendment granted full citizenship to African Americans, and the Fifteenth Amendment prohibited federal and state governments from denying or abridging the right of anyone to vote on the basis of "race, color, or previous condition of servitude."

Front 36

Equal Protection Clause

Back 36

The part of the Fourteenth Amendment that has been used to prevent states from being unfair to citizens because of their race or gender. It prohibits laws that unreasonably and unfairly favor some groups over others. Treating all individuals or groups of people equally under the law, unless there is a good and fair reason for not doing so.

Front 37

14th Amendment

Back 37

It states that no person shall have their life, liberty, or property taken away by state or local governments without due process of law. This amendment protects your right to be treated fairly by your state and local governments. It also defines a citizen as anyone born or naturalized in the United States. It was one of the Civil War amendments.

Front 38

Due Process Clause

Back 38

-Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

-The requirement that procedures used by government in gathering information and making decisions be reasonable and fair

-Treatment by state and federal governments in mattersof life, liberty, or property of individuals be reasonable, fair, and follow known rules and procedures.

Front 39

Commerce Clause

Back 39

Article I, Section 8, of the U.S. Constitution that gives Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The clause has been used to regulate organizations engaged in interstate commerce by prohibiting them from engaging in racial discrimination.

Front 40

Voting RIghts

Back 40

-The Fifteenth Amendment forbids the denial of voting rights to any person based on race, color, or whether that person was previously a slave.

-The Act passed in 1965 that further protected the right to vote for all U.S. citizens. It forced the states to obey the Constitution. It made it clear that the right to vote could not be denied because of a person?s color or race.

Front 41

Affirmative Action

Back 41

A plan or program intended to remedy the effects of past discrimination in employment, education, or other activity and to prevent its recurrence. Such programs may or may not include preferential policies in which group or groups are preferred over others in the award of some benefit.

Front 42

"Time, Place, and Manner"

Back 42

Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others.

Front 43

Freedom of Expression

Back 43

The right to make known such things as your beliefs and opinions by means that are protected by the First Amendment.

-Citizens in a democracy can vote and participate in decision making effectively only when they have access to information and can express themselves freely. Today, the internet is expanding people’s opportunities to express themselves, while global media monopolies are threatening freedom of expression.

Front 44

Magna Carta

Back 44

This document, also known as the Great Charter, was agreed to by King John of England in 1215 at the demand of his barons. The Magna Carta granted certain civil rights and liberties to English nobles, such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property, except in accordance with law. In doing so, it also limited the power of the monarch. The document is a landmark in the history of limited constitutional government.

Front 45

Exclusionary Clause

Back 45

-The rule established by the U.S. Supreme Court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in a trial.

Front 46

Equality of Condition

Back 46

Equality in all aspects of life, such as wealth, standards of living, medical care, and working conditions.

Front 47

Judicial Restraint

Back 47

A view, associated with Felix Frankfurter among others, that judges should be reluctant to declare legislative enactments unconstitutional unless the conflict between the enactment and the Constitution is obvious. The doctrine is akin to, but not identical with, narrow construction, and it is the opposite of judicial activism.

Front 48

Fifty is Neater than Forty-Nine

Back 48

GOSH DARN IT. THIS DOESN'T EXIST.

Front 49

Marbury v. Madison (1803)

Back 49

A landmark case in which the Supreme Court, for the first time in American history, struck down an act of Congress as unconstitutional, establishing the Court's power of constitutional judicial review.

Front 50

Revolution of 1800

Back 50

The Revolution of 1800 was monumental in the development of the United States as a nation. It proved to other nations that the republican experiment began by the revolutionary seed of independence could not only thrive, but succeed. In the fierce political battles of Adam's term this orderly exchange of power seemed impossible to ever achieve, but this election proved all the skeptics wrong. The Revolution of 1800 was named by the winner of the 1800 election, Thomas Jefferson. He called this election a revolution because his party, the Republicans, peacefully and orderly received the power with nothing but acceptance by the Federalists.

Front 51

Unitary Government

Back 51

A centralized form of government in which states or local governments exercise only those powers delegated to them by the central or national government. Contrasted with federal government, such as the United States

Front 52

Shay's Rebellion (1786-87)

Back 52

An armed revolt by Massachusetts farmers who sought relief from debts and foreclosures of mortgages. Led by Daniel Shays, the group prevented judges from hearing mortgage foreclosure cases and attempted to capture an arsenal. The rebellion fueled support for amending the Articles of the Confederation.

Front 53

Ex Post Facto

Back 53

A law that criminalizes an act that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. Ex post facto laws are forbidden by Article I of the Constitution.

Front 54

Connecticut/Great Compromise

Back 54

The plan accepted at the Philadelphia Convention in 1787 that called for Congress to have two houses. In the the upper house, or Senate, would be equal, with each state having two senators; in the lower house, or House of Representative, representation would be apportioned according to the population of each state, so that the states with more people would have more representatives.

Front 55

Circuit Courts

Back 55

A specific tribunal that possesses the legal authority to hear cases within its own geographical territory. In the United States it is a state court that holds sessions at several different places within a judicial district.

Front 56

First Constitution of North America?

Back 56

The Fundamental Orders of Connecticut

Front 57

Writ of Mandamus

Back 57

A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.

A writ or order of mandamus is an extraordinary court order because it is made without the benefit of full judicial process, or before a case has concluded. It may be issued by a court at any time that it is appropriate, but it is usually issued in a case that has already begun.

In Marbury v. Madison (1803), Chief Justice John Marshall held that in authorizing the Supreme Court to issue a writ of mandamus in an original jurisdiction case, Congress had exceeded its constitutional powers. The Constitution made no provision for such a grant of power. However, Marshall indicated that mandamus would be available to support the appellate jurisdiction of the Supreme Court, which by the Constitution was subject to legislative regulation.

Front 58

Wording of Ninth Amendment

Back 58

This amendment states, in effect, that the Bill of Rights is only a partial listing of the rights of the people.

It provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” On its face, this provision seems to mean that a right is worthy of judicial protection even if it is not listed in the Constitution. To fail to protect these “other” unenumerated rights “retained by the people” in the same manner that we protect the enumerated rights would surely be to “disparage” them if not to “deny” their existence altogether.

Front 59

Judiciary Act of 1789

Back 59

The law that established the federal court system below the Supreme Court.

(Article 3 of the U.S. Constitution provides for a Supreme Court to exercise the “judicial Power of the United States.” It also empowers Congress to provide through legislation “such inferior Courts as [it] may from time to time ordain and establish.”)

Front 60

Alien and Sedition Acts

Back 60

Laws passed during President John Adams' administration that made it a crime for editors, writers, or speakers to criticize the government and its Federalist policies.

Front 61

McCulloch v. Maryland (1819)

Back 61

Decision of the Supreme Court of the United States that affirmed the constitutional doctrine of Congress's implied powers. The case concerned the legitimacy of the authority of a newly created national bank to control the issuance of currency by the states, including Maryland. The unanimous opinion, written by John Marshall, established that Congress possesses not only the powers expressly conferred on it by the Constitution but also the authority appropriate to the utilization of such powers, in this case the creation of such a bank. This doctrine, drawn from the "elastic clause" of Article 1, became a significant factor in the steady growth of federal powers. It also bolstered the power of judicial review established in Marbury v. Madison (1803).

Front 62

Original Jurisdiction

Back 62

The legal authority of a court to be the first to hear a case.

The Federal District Court is the court of original jurisdiction for most federal cases and the only federal court that holds trials in which juries and witness are used. Each state has at least one district court.

Front 63

Concurrent Powers

Back 63

Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.

Front 64

Enumerated Powers

Back 64

The powers explicitly given to Congress in the Constitution.

Front 65

Current Issues

Back 65

WHA??
This isn't specific.

Front 66

Citizenship Rights

Back 66

The rights belonging to an individual by virtue of citizenship. In the United States, the term refers especially to the fundamental freedoms and privileges guaranteed by the Thirteenth and Fourteenth Amendments to the U.S. Constitution and by subsequent acts of Congress. These include civil liberties, due process, equal protection of the laws, and freedom from discrimination.

Front 67

Checks and Balances

Back 67

Checks and balances are a system of government that allows different branches to limit the others. This is put in place to prevent one branch from getting too much power, to protect the minority from the majority, and to prod the branches to cooperate with each other. For example, Congress can change the make-up of federal courts, while the Supreme Court can declare a Congressional law to be unconstitutional.

Front 68

Fundamental Orders of Connecticut

Back 68

The Fundamental Orders are considered by some to be the first written Constitution in the West. They were adopted in 1639. The Fundamental Orders set up the structure and powers of towns on the Connecticut River. They gave men more voting rights and the ability to run for office than other constitutions before it.