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132 Cards in this Set
- Front
- Back
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constitution,
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A plan of government that sets forth the structures and powers of government.
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democracy
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"Rule of the people," where all citizens exercise political power through the vote
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inalienable rights
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Fundamental rights that every person has and that cannot be taken away by any government or another entity.
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political legitimacy
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Acceptance by the citizens that government has authority. In democracies legitimacy is achieved through free and fair elections and following the constitution.
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capitalism
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An economic system in which the means of buying and selling goods are privately owned and operated for profit in competitive markets
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Precedent
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Previous court decisions upon which legal issues are decided.
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stare decisis
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The belief that a court should follow the previous decisions of other courts on cases in which the facts are very similar
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writ of habeas corpus
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A court order directing that a case that has already been heard be brought to a higher court to decide if the case was decided fairly/correctly
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suffrage
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The right to vote.
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sovereignty
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The ultimate, supreme power in a state. In America the people have sovereignty through the vote.
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Articles of Confederation
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Original Constitution – a WEAK document where states were stronger than the national government
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Shay’s Rebellion
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Proved the Articles of Confederation were too weak and led to the Philadelphia Convention and creation of a new Constitution with a stronger Federal Government
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Virginia Plan
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Suggested a strong federal system where states with large populations would have proportional representation (giving them more power)
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Proportional representation
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The number of representatives from each state to the U.S. Legislature would be based on the size of its population – the bigger the state, the more representatives
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New Jersey Plan
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Suggested a weaker federal system where all states would have an equal number of votes in the U.S. Legislature
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Great Compromise
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Combined the VA and NJ plans with a House of Representatives (based on Population) and a Senate (with equal representation)
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Three-Fifths Compromise
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Each slave counts for 3/5 of a person to give the South more votes
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Electoral College
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Each state sends ‘electors’ to a convention (‘the college’) where they elect the President on their behalf. Used because the founders did not trust the public to make a wise decision about who should be president (still used today!)
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Enumerated Powers
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Powers given to the NATIONAL government that are listed in the Constitution
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Prohibited Powers
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Powers denied to the National and State governments
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Necessary and Proper Clause
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The ability of Congress to make any laws needed to fulfill the Constitution
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Bill of attainder
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Prohibited power: A punishment ordered by the legislature instead of the court
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Ex post facto
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Prohibited power: A law that changes the legality of an act AFTER it occurred
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Supremacy clause
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Article VI section 2: Makes the Constitution, laws and treaties the top law of the land.
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Anti-federalists vs. federalists
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Anti – argued AGAINST the ratification of the U.S. Constitution
Fed – argued FOR ratification of the U.S. Constitution |
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Bill of Rights
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Rights that governments cannot take away or interfere with too much (First 10 Amendments)
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Federalist #10
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Argued that a large national government will protect the people better than a lot of smaller states
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Federalist #51
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Argued for Separation of Powers, Checks and Balances and Federalism as a way to keep the majority from hurting the minority through competition
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Ratification (U.S. Constitution)
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The process of state legislatures (governments) voting to approve or reject the U.S. Constitution
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faction
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Groups that promote their own self-interest at the expense of the common good
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amendment & amendment process
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• Official change to the US Constitution;
Process – 2/3 of US Congress + ¾ of States |
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Judicial review
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The power to declare what the Constitution means and whether acts of government (laws, enforcement) violate the constitution
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Delegated powers
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Government powers given to the national govt. in the US Constitution
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Patronage system
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Appointing members of one’s own party to political jobs to get members – gave political parties power (part of the political machine!)
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Grandfather clause
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Law allowing people to vote only if their grandfathers had been eligible to vote – excluded African Americans – and didn’t have to take literacy tests
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Literacy test
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Required citizens to take tests proving they could read or write before being permitted to vote – made so difficult that nobody could pass
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Poll tax
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Required citizens to pay in order to vote
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Dred Scott v. Sanford (1857)
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Decision: African Americans cannot be citizens of the United States; US Govt could not stop slavery from the territories that weren’t states yet; The 5th Amendment protected the right to own slaves – Partially led to the Civil War
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13th Amendment
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Ended Slavery
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14th Amendment
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• Defines Citizenship – born in the USA
Due Process Clause – applies constitution to the states (incorporation) Privileges and immunities – states cannot remove rights in constitution Equal protection – all laws applied equally to all people |
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Adversary system
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Two opposing parties face off in all cases before a judge
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Due process of law
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Government must obey the law – especially when they might take life, liberty or property from citizens
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Due Process Clause
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States cannot deprive people of life, liberty or process without following the law of the US Constitution
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Selective incorporation
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Federal Courts using the due process clause of the 14th Amendment to decide whether each right in the Bill of Rights should also limit the states one at a time
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Equal Protection Clause
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Cannot deny ANY PERSON the same rights and fair treatment by the government
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Equal opportunity
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Belief (in America) that every person should have the same chance to achieve their goals
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Plessy v. Ferguson (1896)
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Declared ‘Separate but equal’ Constitutional (Jim Crow)
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Brown v. Board of Education (1954)
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Declared Separate but equal unconstitutional – repealing Plessy
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Strict scrutiny
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Laws that use race, national origin or religion must survive a very close look by the courts to be constitutional
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Intermediate scrutiny
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Governments must prove that laws that distinguish between groups (instead of applying to everyone) must serve an “important government purpose”
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Rational basis
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All laws that distinguish between groups (instead of applying to everyone) must be ‘reasonable’ – very rare
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enfranchisement
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Giving the right to vote to a person or group of people
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suffrage
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The right to vote
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15th Amendment
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All races (African Americans in particular) get the right to vote
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19th Amendment
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Women got the right to vote
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24th Amendment
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Banned the poll tax
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26th Amendment
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18 year olds get the right to vote
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Inherent powers
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Those powers that are such a part of an institution that they don’t need to be stated.impeachment Charging a public official with a crime while in office and bringing him or her to trial. Convicted officials are removed from office.
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Power to investigate
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The power of Congress to undertake formal inquiries into matters of public business and public policy.
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resolution
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A formal statement of a decision or expression of opinion put before or adopted by an assembly such as the U.S. Congress.
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Executive orders
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Have the force of law but are issued to the FEDERAL BUREAUCRACY ONLY
(Like a boss giving directions to the employees) |
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bureaucracy
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Governmental departments and agencies and their staffs,
Hired via appointment Used to carry out the laws/tasks/services of the government Serve the president |
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Patronage job
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Getting a job in the government because of support, often financial, given by a person or institution to the political party in charge of the white house
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quasi–judicial powers
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Actions of an agency, board, or other government entity in which there are hearings, orders, judgments, or other activities similar to those of courts
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quasi–legislative powers
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Having a partly legislative character by possession of the right to make rules and regulations having the force of law.
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jurisdiction
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The power or authority to hear cases and make decisions
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original jurisdiction
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In some cases, such as those in which a state is a party, the Supreme Court has the right to consider the facts and the law in a case without it having first been passed on by a lower court.
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appellate jurisdiction
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The legal authority of a court to hear appeals from a lower court
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appeal
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The bringing of a court case from a lower court to a higher court in an attempt to have the lower court's decision reversed. Grounds for appeal include errors of law, fact, or procedure.
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Reserved powers
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Those powers referred to in the Ninth and Tenth Amendments that are reserved to the states or to the people
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Referendum
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Placing a measure approved by a legislature on a ballot for popular approval.
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Recall
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A process of using special or general elections for removing elected officials from office
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initiative
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A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately become law.
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Negative vs. positive rights
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Negative: prohibit government from acting in certain ways; rights that are not to be interfered with.
Positive: require government action. Example: public education |
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1st Amendment
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Freedom of religion, speech, press, assembly, and petition.
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2nd Amendment
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Right to keep and bear arms in order to maintain a well regulated militia.
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4th Amendment
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Freedom from unreasonable searches and seizures.
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5th Amendment
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Right to due process of law, freedom from self-incrimination, double jeopardy.
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6th Amendment
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Rights of accused persons, e.g., right to a speedy and public trial and a lawyer.
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8th Amendment
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Freedom from excessive bail, cruel and unusual punishments
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establishment clause
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The part of the First Amendment that prohibits the government from declaring an official religion
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free exercise clause
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The part of the First Amendment stating that Congress shall make no laws that prevent people from holding whatever religious beliefs they choose or that unfairly or unreasonably limit the right to practice religious beliefs
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Wall of separation
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A basic principle of American government that no single religion should be favored by government over other religions, nor should government interfere with the right to practice or not practice religious beliefs.
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Engel v. Vitale
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Students in public school were allowed a short, voluntary prayer at the beginning of each school day. Court found it violated the constitution’s establishment clause (1st Amndmnt) and is not allowed in public schools
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Everson v. Board of Education
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NJ allowed reimbursements of money to parents who sent their children to school on buses operated by public trans including Catholic School students. This did NOT violate the establishment clause because the schools did not get the money and it was given to all children.
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Lemon v. Kurtzman
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States were giving $ to teachers in religious schools who did not teach religion. This was a violation and established a 3-part test: 1) law must be non-religious 2)cannot advance or stop religion, 3) can’t get too involved in religion
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Reynolds v. United States
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Mormons challenged the law against polygamy (multiple wives) as violating their free exercise. They lost and the Court said the 1st amendment protected BELIEF but not PRACTICE. If PRACTICE violates a general law for everyone, then they can’t do it.
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libel
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Published words or pictures that falsely and maliciously defame (damage the good reputation of) a person – You can be SUED
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obscenity
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offensive or disgusting by accepted standards of morality and decency (government CAN limit)
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Prior restraint
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Censorship by the government of expression before it takes place
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symbolic speech
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Actions that purposefully convey a particular message or statement (protected)
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Gitlow v. New York (1925)
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Incorporated the 1st Amendment to the states
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Tinker v. Des Moines (1969)
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• Stated that students do not lose their freedom of speech rights in high school therefore they have a right to protest under the 1st Amendment.
Students wore black arm bands to protest the Vietnam War. |
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New York Times Co v. US (1971)
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The Government must strongly justify any removal of a newspaper's freedom of speech, as long as it does not threaten national security.
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Hazelwood v. Kuhlmeier (1983)
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Public School newspapers and other student-run publications do not have the right to publish whatever they want - Principals can censor
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right to assemble
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The right or legal claim provided for in the First Amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings, especially in a political context.
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right to associate
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The freedom to meet with others for political or any other lawful purposes
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Right to petition
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The legal claim that allows citizens to urge their government to correct wrongs and injustices or to take some other action
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Boy Scouts of America v. Dale (2000)
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Boy scouts revoked the membership of an adult member because he was gay. He sued for discrimination. The Court found in favor of the Boy Scouts saying they can freely choose who to associate with, or not associate with.
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Exclusionary rule
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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
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Probable cause
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Reasonable grounds for presuming that a crime has been or is in the process of being committed. Provided for in the Fourth Amendment
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right against self-incrimination
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A guarantee found in the Fifth Amendment against being compelled in any criminal case to be a witness against oneself.
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Search & seizure
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Search - intrusion into someone's privacy
seizure – interference with a person’s property or freedom of movement. |
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warrant
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An order by a judge authorizing a police officer to make an arrest or search or perform some other designated act
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Mapp v. Ohio
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Created the exclusionary rule: all evidence obtained by searches and seizures in violation of the Constitution is, by 4th Amendment, inadmissible in a state court.
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Miranda v. Arizona
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Prosecutors cannot use statements from interrogations that are obtained without telling the defendant their right to remain silent
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New Jersey v. TLO
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Schools are allowed to search without a warrant with ‘reasonable suspicion’ on school grounds
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Capital punishment
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The use of the death penalty by a judicial system.
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double jeopardy
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5th Amendment - a person may not be tried twice for the same crime
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right to counsel
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Right to a lawyer (attorney), and if the defendant cannot afford counsel, requiring that the state appoint an attorney or pay the defendant's legal fees.
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Gideon v. Wainwright
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States must provide attorneys to those charged with a crime (6th Amendment)
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Gregg v. Georgia
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Held that the death penalty was NOT cruel and unusual punishment, and is therefore constitutional.
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Alien
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A foreign–born resident
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naturalization
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The legal process by which a foreign citizen becomes a citizen of the United States, concluding with an oath of allegiance
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Plyler v. Doe (1982)
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Illegal aliens are protected by the 14th amendment and can attend public schools and receive public aid
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nongovernmental organization (NGO)
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An autonomous organization independent of direct governmental control that exists to perform any of a large variety of purposes, including those dealing with humanitarian, educational, or public policy problems and issues.
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voter registration
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The requirement in some democracies for citizens to enroll in voting rolls before being allowed to participate in elections
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1993 Motor Voter Act
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All states must allow people to register to vote on the same application as getting their license. Meant to increase registration and therefore participation in voting.
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De facto segregation
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Racial separation not mandated by law (it just happens)
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De jure segregation
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Racial separation mandated by law.
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1965 Voting Rights Act
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• Prohibits discrimination based on race
Eliminates literacy tests, poll taxes, and discriminatory registration practices Requires the provision of voting materials in the appropriate language Requires states with a history of discrimination to be monitored by the Justice Department |
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1964 Civil Rights Act
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• Outlaws discrimination in public accommodations (i.e., hotels, restaurants, etc.)
National govt has authority to end school segregation Prohibit job discrimination by businesses and labor unions Authorizes the US Justice Dept. to file lawsuits against those who discriminate |
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24th Amendment
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Banned poll taxes
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Brown v. Board of Education (1954)
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Declared Separation of Powers unconstitutional under the 14th Amendment’s Equal Protection clause
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Brown v. Board of Education II (1955)
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Chief Justice Warren urged localities to act on the new principles promptly and to move toward full compliance with them "with all deliberate speed."
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Regents v. Bakke (1978)
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Schools CANNOT use racial quotas where they set a certain number of people from each race to accept but they CAN work to increase diversity
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Gratz v. Bollinger, Grutter v. Bollinger (2003)
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Schools CAN use race as one of many considerations in creating a diverse student body because it is a “compelling state interest”.
Schools CANNOT use racial quotas |
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eminent domain
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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".
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United Nations
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An international organization created in 1945 to maintain peace through the collective security of its members
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Griswold v. Connecticut (1965)
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Family was stopped from getting counseled on using birth control.
The Supreme Court decided the Constitution protects the IMPLIED right of marital privacy against state restrictions |
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Roe v. Wade (1973)
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Used the implied right to privacy to protect a woman’s right to an abortion (States cannot restrict first trimester abortions, 2nd – 3rd trimester depends on the reasoning of the state)
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Planned Parenthood v. Casey (1992)
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Created a new standard to determine the validity of laws restricting abortions.
If a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability” then it is unconstitutional |
