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41 Cards in this Set
- Front
- Back
Amendment I |
People have freedom of speech, press, and religion. No law can be made because of religion. Right to peaceful assembly and petition.
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Amendment II |
Right to bear arms and maintain a militia.
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Amendment III |
The gov’t can’t move soldiers into civilian homes, without consent from the owner. |
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Amendment IV |
People can’t be subjected to unreasonable searches or seizures by the gov’t without warrant. |
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Amendment V |
innocent until proven guilty. the right to not incriminate themselves. (eminent domain). Double Jeopardy - cannot be tried for the same crime twice. |
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Amendment VI |
The right to a speedy and fair trial. Allowed to have a jury and attorney. Criminal Cases. |
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Amendment VII |
Everyone has the right to public trial by jury, people have the right to defend themselves in court. Civil Cases. |
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Amendment VIII |
People are free from cruel and unusual punishment. Gov’t can’t impose excessive bails or fines. |
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Amendment IX |
People’s rights that aren’t specifically specified in the constitution are protected. |
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Amendment X |
The state’s and people’s powers are not specified in the constitution. Any power not assumed to Federal Gov’t is given to states.
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Popular Sovereignty
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The belief that gov’t gets authority from the people, and that ultimate political power belongs to the people.
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Limited Government
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The powers and the functions of the gov’t are restricted, they are limited. The checks and balances limit gov’t (branches and bill of rights)
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Separation of Powers
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We have three branches of gov’t: Executive, Legislative, Judicial. The Duties of governing are divided among the three branches.
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Checks and Balances
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The ways each branch of gov’t to limit each other. Branches of gov’t must work together to get things done.
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Judicial Review
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Determining whether or not a law is constitutional. If a law is unconstitutional, it won’t be passed.
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Federalism
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The powers of gov’t are distributed between national and state gov’t, but the central (federal) gov’t has the most power.
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National Powers |
Three types of power national gov’t has from the Constitution. |
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Expressed (Explicit)
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Powers listed in the Constitution to be granted to the national government. (Articles I, II, III)
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Implied
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Not specifically listed in the Constitution, but are logical extensions of the expressed powers. (Articles I, VIII, the “necessary and proper” clause)
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Inherent
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Power that historically have been recognized as naturally belonging to governments. (Not recognized in any of the Articles)
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Reserved powers
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tenth amendment- These powers are not specifically mentioned in the Constitution, but belong to the states because the Constitution neither delegates these powers to the federal gov’t nor prohibits them to the states.
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Concurrent powers
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powers held by both state and the national gov’t.-Ultimately, if there is conflict, national gov’t is supreme because of Article VI of the Constitution.
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Supremacy clause
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Article VI, The Constitution and the federal laws are the law of the land. States cannot make laws that contradict these.
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Limits to states’ powers
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states cannot assume powers that would undermine national unity
Can’t coin money, tax imports or exports from other states, have their own armies, create treaties with other countries, etc. |
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Article 1, Section 10 Full faith and credit clause
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States must respect the laws and judgement of other states.
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Dual Federalism |
the functions of the state and national gov’t remained largely separate
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Marshall Court |
chief justice john marshall was a nationalist, his ruling expanded the power of national gov’t
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Doctrine of Nullification |
increased the divide among southern states and the union led to the idea that states had the right to nullify laws they believe contradicted their interests
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Cooperative Federalism |
programs required cooperation across all levels of gov’t Created by → FDR’s new deal
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Major change in role of the national govt
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first time that it assumed responsibility for the social and economic welfare of the people
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Grants-in-aid
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increased national gov’t power
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Regulated Federalism |
increases the power of federal gov’t over state gov’t
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Categorical grants
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grants given to states for specific purposes as determined by federal gov’t
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Federal Mandates
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demands on states to carry out certain policies as a condition of receiving
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New Federalism |
reflects the return of administrative powers to the state governments
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Devolution |
idea that returned to powers back to the states
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Block Grants |
given to states for general purposes, gives each state a specific amount of money
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Fiscal Federalism |
gives increased national security
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Article I |
Outlays the powers of the Legislative Branch |
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Article II |
Outlays the powers of the Executive Branch |
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Article III |
Outlays the powers of the Judicial Branch |