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104 Cards in this Set
- Front
- Back
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Direct Democracy |
Democracy in which decisions are made directly by the people |
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Indirect Democracy |
Democracy in which people elect representatives to government posts |
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Civil Liberties |
Personal freedoms such as freedom of speech and religion, restrain the government from tacking actions against the governed |
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Bill of rights |
The first 10 amendments of the constitution |
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Conservatism |
Belief in limited government help for the individual, support for traditional ideals and resistant to change |
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Liberalism |
Advocacy of national government for the public welfare, support for civil rights and tolerance to political change |
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Republic |
Form of government where the river in power lies with the people and not a monarch |
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Authority |
The power of government or other entity to enforce its decisions |
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Limited Government |
Republic in which elected enforce laws and policies as well as make decisions on behalf of the governed |
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Popular Government / Sovereighnty |
Concept that political authority is based on the will of the people |
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Representative Democracy |
Form of government in which people are elected to make decisions by the people, but maintains the monarchy |
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Limited Government |
Government who is limited by a document or widely shared beliefs |
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Confederal System |
States retain ultimate autbority, and only a few powers are given to the central government |
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Separation of Powers |
Principle of dividing governmental powers into different branches |
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Check and balances |
Principle of the American system in which one branch checks the actions of the others |
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Federal system |
System of government in which power is divided into the central gvt and it regional or subdivisions governments, each must have a guarantee over its political or constitutional authority |
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Federalist |
Proponents of a new constitution and a strong central government |
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Anti federalist |
Opponents of the new constitution of 1787 and opposed a strong central government |
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Judicial review |
The power of the supreme court and other courts to declare the constitutionally of laws and government actions |
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Condfederal system |
System that consists of a league of independent states in which the central government only has powers granted by the league itself |
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Unitary system |
Centralized government in which ultimate government authority rests with the national or central government |
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Enumerated Powers |
Powers granted to the national government by the constitution most ate in Article 1, Section 8 |
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Which article and section contain the enumerated powers of the central government |
Article 1, Sec 8 |
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Second name for the elastic clause |
Nessassary and proper clause |
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Elastic clause |
Clause in article 1 sec 8 that grant congress the power to do whatever is necessary to execute specifically delegated powers |
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Where is the necessary and proper clause found |
Article 1 sec 8 |
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Concurrent Powers |
Powers held jointly by the national and state governments |
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Supremacy Clause |
Constitutional provision that makes all national laws superior to that of all conflicting state and local laws |
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Cooperative Federalism |
Model in which states and the national government work together to make decisions |
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Devolution |
The process of the transfer of powers from the national got to the state gvt |
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Dual federalism |
Model of federalism where both states and the national government have their own sets of power and can't interfere with each others decisions |
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Writ of habeas corpus |
Order that requires detainees to bring a prisoner before a court or judge and explain why they are detained |
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Establishment clause |
Part of the first amendment that prohibits and limits the education of religion on schools and funding to such program's |
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Free exercise clause |
First amendment right that allows you freedom of religion |
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Ex post facto law |
Law that inflicts punishment for an illegal action at the time it was commited |
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Incorporation theory |
View that the protections of the bill of rights apply to the states governments through the 14th amendments due process clause |
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Inherent power |
A power of the President derived from the constitutional statement. The executive power shall be vested in the president |
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Bill of attainder |
Law that inflicts punishment without trial |
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Articles of Confederation |
The first government document that established division of powers to the states ratified in 1781 |
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Federalist papers |
85 essays that defended the new constitution and a form of Republican government |
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Who wrote the articles of confederation |
john jay, Alexander Hamilton and James madison |
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First form to propose an amendment |
2/3 vote in each chamber of congress |
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Second form to propose an amendment the constitution |
Call of national convention with 2/3 of state legislatures |
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Ratification occurs when |
Positive vote of 3/4 of the state legislatures and and 3/4 in state conventions |
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Examples of enumerated powers |
Coin money, setting measurement standards,admitting new states , declaring war and the set up of government buildings |
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Implied powers |
Powers granted to congress through the Nessassary and proper clause that states that congress had the power to make laws that will allow it to carry out the laws specifically stated in the constitution itself |
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Implied Powers are derived from where in the constitution |
Article 1 sec 8 |
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Inherent powers |
Powers also not specifically mentioned I. The constitution but fall into the domain of the central government such as treaties, aqisition of land, waging war and commerce |
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10th amendment |
Powers not delegated to the national government fall are reserved to the states |
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Denied / prohibited powers |
Powers denied to the states and federal government since they are not expressed directly in the constitution |
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States rights |
Right tha the state governments believed the national government should not hold domain over |
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Clear and present danger test |
Cclause that allows courts to judge a person that shows a danger to the peace or public |
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Right to privacy |
Was not exactly stated but prenumbtally stated in amendment 1 3 4 5 and 9th |
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Abortion |
Was at first not as bad can abort by the fist trimester now not at all |
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Roe vs Wade delt with? |
Abortion |
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Details about Roe vs Wade |
Roe one left that the first trimester was okay to abort the rest had several parameters to stop it Lead to a lot of civil unrest |
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Patriot act |
Law that allows the government to breach your privacy under the assumption that you are a threat...created in response to the 9/11 and passed in 2001 and 6 |
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Constitution ratified |
1889 |
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What is the base content of the constitition |
7 articles and 27 amendments |
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Constitution def |
Doucument that sets a benchmwrch of the government's rules and regulations, through political law |
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What articles deal with national power |
1,2.3 and 6 |
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What amendment grants power to the states |
10th |
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Article one gives power to? |
The legislative branch |
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Article 2 gives powers to |
Executive branch |
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Due process |
The right to be trailed in court for your accusations |
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What amendments effect the rights of criminal defendants |
4 5 6 and 8 |
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Search and seizure |
Can only be justified by the use of a piece search warrant and if their is legitimemt reason for public safety |
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Right to council |
The right to have one represented in court and if one cannot afford it the state must provide one with a representative |
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Excursioary rule |
Judical policy that prohibits the admission of illegally attained evidence |
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Who won Miranda vs Arizona |
Miranda |
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What did the Miranda vs Arizona case yeild |
Poliece officers must read you your Miranda rights before detaining you |
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Details of Miranda vs Arizona |
Ernesto confessed before being read his rights |
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What amendment protects you from searches and seizures |
4th |
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Amendment 3 gives power to |
The judicial branch |
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Marbury vs Madison |
Foundation of judicial review allowed for indirect change of the constitution |
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Who won Marbury vs Madison |
Marbury |
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Interposition |
A states right to oppose federal actions that that the state deems unconstitution thus the state I responses the people and the central government |
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Nullification |
The action of a state declaring a federal unconstitutional and prevent enforcement of those laws in their borders |
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Grigsworyh vs connetecut |
Birth control in a marital bedroom 14th amendment liberty |
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Undue burden |
Significant difficulty or expense put in the way of an action that is trying to be taken |
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Which case delt with public safety exemption |
NY vs quarles |
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Public safety exemption |
A officer has the right to apprehend an individual if their significant cause for public endangerment |
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Article 4 deals with |
The relation among states how laws are interrelated among states |
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Article 5 |
Addition of a new state 2/3 congress vote or national convention with a 2/3 vote aswell |
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Article 6 deals with |
National supremacy |
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Article 7 |
Has to do with the ratification of the constitution |
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Amendment 1 |
Civil liberties/ bill of rights |
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Amendment 2 |
Right to bear arms |
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Amendment 3 |
No shattering of soldiers |
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Amendment 4 |
The protection against search and seizures |
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Amendment |
Protection against self incrimination Plead the 5th Eminent to menu with property Double jeopoardy |
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Amendment 6 |
The right to council Public and speedy trial |
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Amendment 7 |
Trial by jury |
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Amendment 8 |
Protection against cruel and unusual punishment |
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Amendment 9 |
Rights retained by the people even though they are not clearly stated in the constitution abortion, gay marriage ect |
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10th amendment |
Powers not give my to the federal government fall to those Powers of the state |
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Marbury vs McCullough delt with |
Implied woers vs enumerated powers |
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Main dispute of marbury vs mucculloh |
Could the federal government create a national bank |
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The reason why they bank of the United States was allowed |
Elastic clause / Nessassary and proper clause |
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Produrak restraints |
Focus on how the government should act |
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Substantive restraints |
Focuses on what the government has the power to do and not do |
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14th amendment |
Single national citizenship so all rights are granted evenly from state to state |
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Escabato vs Illinois |
Assistance of council in a trial to avoid self incrimination |
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Gideon vs wainwright |
Case that ruled that under the 6th amendment the states are required to provide an attournry for those defendants that cannot afford one |
