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100 Cards in this Set
- Front
- Back
Power |
the ability or right to control people or things |
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Authority |
the power or right to give orders, make decisions, and enforce obedience. |
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Government |
the governing body of a nation, state, or community |
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State |
a nation or territory considered as an organized political community under one government. |
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Sovereign |
possessing supreme or ultimate power |
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Social Contract |
To give up some freedom for protection that government offers |
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"State of Nature" |
The natural state of human nature is war |
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Devine Right Ruler |
"I'm king because God told me to be" |
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Autocracy |
Single state or single family rule |
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Oligarchy |
Rule by economic elites |
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Republic |
a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch. |
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Confederation |
None of the members give up any soverinty |
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Liberty |
Freedom from external constraint |
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Democracy |
Ruled by people |
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Constitution |
body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. |
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1215 |
The consent of the governed to be governed |
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Mayflower Compact |
An agreement reached by the Pilgrims on the ship the Mayflower in 1620, just before they landed at Plymouth Rock. The Mayflower Compact bound them to live in a civil society according to their own laws. |
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Bicameral |
There's a lower house and a higher house |
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Articles of Confederation |
the original constitution of the US. Make war, peace, and alliances with other countries |
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Virginia Plan |
Bicarmak legislature, number of seats in house depended on population. Lower house chose upper house. |
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New Jersey Plan |
Each state gets one vote. |
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Connecticut Compromise/ "Great Compromise" |
Lower house is based on population, upper house : each state gets 2 votes |
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3/5 Compromise |
Every 5 slaves counts as 3 people |
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Federalists |
an advocate or supporter of federalism. ( A. Hamilton, J. Madison, John Jay) |
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Federalists Papers |
85 articles written by said federalists |
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Anti-Federalists |
T.J., George Mason, Patrick Henry |
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Separation of Powers |
an act of vesting the legislative, executive, and judicial powers of government in separate bodies. |
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Unitary System |
Only one level of government (national) |
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Vertical Federalism |
divisions between a national government and subnational (regional) units |
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Horizontal Federalism |
the ways state governments relate to one another. It refers to the separation of powers within the national government that take into account regional interests |
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Dual Federalism |
political arrangement in which power is divided between the federal and state governments |
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Competitive Federalism |
regional or local governments compete with other regional or local governments |
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Marbury vs. Madison |
A case decided by the Supreme Court under Chief Justice John Marshall in 1803. The Court declared unanimously that a certain law passed by Congress should not be enforced, because the law was opposed to the Constitution. |
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McCullough vs. Maryland |
A U.S. Supreme Court case in which Chief Justice John Marshall established that the federal government has "implied powers" to carry out, without state interference, any and all rights given by the Constitution. |
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Gibbons vs. Ogden |
a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce |
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Legislative Power |
the ability to make laws |
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Executive Power |
responsible for enforcing the laws |
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Judicial Power |
The constitutional authority vested in courts and judges to hear and decide justiciable cases, and to interpret, and enforce or void, statutes when disputes arise over their scope or constitutionality. |
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Strict Constructionists |
refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. |
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Enumerated Powers |
Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. |
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Concurrent Powers |
powers that are shared by both the State and the federal government. These powers may be exercised simultaneously within the same territory and in relation to the same body of citizens. |
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Implied Powers |
powers of U.S. government which have not been explicitly granted by the Constitution but that is implied by the necessary and proper clause to be delegated for the purpose of carrying out the enumerated powers. |
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"Privileges and Immunities" Clause |
prevents a state from treating citizens of other states in a discriminatory manner. |
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Supremacy Clause |
all laws made furthering the Constitution and all treaties made under the authority of the United States are the “supreme law of the land.” |
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Checks and Balances |
counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups. |
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Judicial Review |
review by the US Supreme Court of the constitutional validity of a legislative act. |
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Veto |
a constitutional right to reject a decision or proposal made by a law-making body. |
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Amendment |
a change or addition to a legal or statutory document. |
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Electoral College |
a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. |
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Bill of Rights |
the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship. |
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"Necessary and Proper" Clause |
To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers |
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"Full Faith and Credit" Clause |
addresses the duties that states within the United States have to respect |
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Revenue Sharing |
the distribution of a portion of federal tax revenues to state and local governments. |
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Enabling Act |
a statute empowering a person or body to take certain action, especially to make regulations, rules, or orders. |
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Block Grants |
a grant from a central government that a local authority can allocate to a wide range of services |
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Category Grants |
can be used only for specific purposes |
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Project Grants |
more defined than category grants |
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Grants-in-aid Program |
A transfer of money from the federal government to a state government, local government or individual person for the purposes of funding a specific project or program |
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Civil Liberties |
the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech. |
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Civil Rights |
the rights of citizens to political and social freedom and equality. |
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Selective Incorporation |
constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. |
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Establishment Clause |
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. |
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Free Exercise Clause |
refers to the section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... |
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Marketplace of Ideas |
a rationale for freedom of expression based on an analogy to the economic concept of a free market |
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Fighting Words |
words indicating a willingness to fight or challenge someone. |
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Hate Speech |
speech that offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits. |
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Symbolic Speech |
a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. |
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Clear and Present Danger test |
a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. |
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Libel |
a published false statement that is damaging to a person's reputation; a written defamation. |
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Slander |
the action or crime of making a false spoken statement damaging to a person's reputation. |
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Prior Restraint |
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. |
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LAPS Test |
Work is considered obscene if it lacks "Literary, artistic, political," or "scientific" value. |
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District of Columbia vs. Heller |
a 5-4 decision that the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual's right to possess a firearm for traditionally lawful . |
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McDonald vs. Chicago |
a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. |
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Privacy |
the state or condition of being free from being observed or disturbed by other people. |
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Miranda Rights |
a right to silence warning given by police in the United States to criminal suspects in police custody |
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Reasonable Suspicion |
a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'"; it must be based on "specific and articulable facts |
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Probable Cause |
reasonable grounds (for making a search, pressing a charge, etc.). |
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Exclusionary Rule/ Fruit of the Poisoned Tree |
doctrine holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial |
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Eminent Domain |
the right of a government or its agent to expropriate private property for public use, with payment of compensation. |
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U.S. vs. Cruikshank |
one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment. |
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Plessey vs. Ferguson |
upheld the rights of states to pass laws allowing or even requiring racial segregation in public and private institutions such as schools, public transportation, restrooms, and restaurants. |
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Brown v. Board of Education |
Court declared state laws establishing separate public schools for black and white students to be unconstitutional. |
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Black Codes |
laws had the intent and the effect of restricting African Americans' freedom, and of compelling them to work in a labor economy based on low wages or debt. |
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Civil Rights Act |
outlawed discrimination based on race, color, religion, sex, or national origin. |
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Separate but Equal |
racially segregated but ostensibly ensuring equal opportunities to all races. |
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Freedom Riders |
a person who challenged racial laws in the American South in the 1960s, originally by refusing to abide by the laws designating that seating in buses be segregated by race. |
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De Jure Discrimination |
separation enforced by law |
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De Facto Discrimination |
not segregation by law |
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Title IX |
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance |
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ERA (Equal Rights Amendment) |
a proposed amendment to the US Constitution stating that civil rights may not be denied on the basis of one's sex. |
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ADA (Americans with Disabilities Act) |
discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities. |
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NAGPRA (Native American Graves Protection and Repatriation Act) |
Idk. Look at the name |
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ADEA (Age Discrimination in Employment Act) |
is the federal law governing age discrimination. It was enacted in 1967 to promote the employment of older workers based on ability rather than age, prevent discrimination, and help solve the problems that arise with an aging workforce. |
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Stonewall Riots |
disturbance that grew out of a police raid on the Stonewall Inn, a popular hang-out for gays in Manhattan 's Greenwich Village in 1969. Such raids long had been routine, but this one provoked a riot as the crowd fought back. |
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Obergefell vs. Hodges |
Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States |
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Affirmative Action |
an action or policy favoring those who tend to suffer from discrimination, |
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"Equality of Opportunity" |
is a stipulation that all people should be treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular distinctions can be explicitly justified. |
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"Equality of Outcome" |
political concept which is central to some political ideologies and is used regularly in political discourse |
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Reverse Discrimination |
the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously. |