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755 Cards in this Set
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a test administered as a precondition for voting, often used to prevent african americans from exercising their right to vote |
literacy test |
|
a special tax that had to be paid as a qualification for voting |
poll tax |
|
a device used by southern states to disenfranchise. It restricted voting to those whose grandfather had voted before 1867. |
grandfather clause |
|
a state primary election that restricted voting to whites only. outlawed by the us supreme court in 1944 in texas politics smith v allwright |
white only primary election |
|
this was outlawed by the us supreme court in 1944 in texas politics smith v allwright |
white only pirmary election |
|
the doctrine holding that separate but equal faciliteis do not violate the equal protection clause of the fourteenth amendment to the us constitution |
seperate but equal doctrine |
|
the movement that supports political, eonomic, and social equality for women |
feminisim |
|
the right to vote |
universal sufferage |
|
any practice, policy, or procedure that denies equality of treatement to an individual or to a group because of gender |
gender discrimination |
|
unwanted physical or verbal conduct or abuse of a sexual nature that interferes with a recipients job performance and creates a hostile work environment |
sexual harrasment |
|
a policy in educational admissions or job hiring that gives special attention or sompensatory treatment to tradionally disadvantage groups, in an effort to overcome present effects of past discrimination |
affirmative action |
|
describe the arguments for and against affirmative action |
http://civil-rights.lawyers.com/discrimination/arguments-for-and-against-affirmative-action.html |
|
discrimination against individuals who are not members of a minority group |
reverse discrimination |
|
racial segregation that occurs because of pattern of racial residence and similar social condition |
de facto segregation |
|
a nonviolent public refusal to obey allegedly unjust laws |
civil disobedience |
|
racial segregation that occurs because of laws or administrative decisions by public agencies |
de jure disobedience |
|
black codes |
replaced slave codes -stated that 1. african americans could not testify against white in court 2. limited job oppertunities to african americans 3. classified african americans as 2nd and 3rd class citizens |
|
codes that replaced slave codes |
black codes |
|
1. african americans could not testify against white in court 2. limited job opportunities to african americans 3. classified african americans as 2nd and 3rd class citizens |
black codes |
|
jim crow laws |
legalized segregation |
|
a result of plessy v ferguson |
jim crow laws |
|
jim crow laws |
segregation laws as a result of plessy v ferguson |
|
poll tax |
required tax for those who wanted to vote |
|
exclusionary rule |
-4th am makes illegal search and seizure prohibited so -all documents that are illegally collected must be eliminated in courts |
|
rule that states all documents that are illegally collected must be eliminated in courts |
exclusionary rule |
|
fairness doctrine |
media must give equal time to both parties of an argument -pro and against abortion |
|
media must give equal time to both parties of an argument -pro and against abortion |
fairness doctrine |
|
in the case of brown vs board of education of topeka (1954), the us supreme court held that |
public school segregation of races violates the equal protection clause of the fourteenth amendment |
|
public school segregation of races violates the equal protection clause of the fourteenth amendment |
in the case of brown vs board of education of topeka (1954), the us supreme court held that |
|
the grandfather clause |
was used in the south to deny african americans the right to vote |
|
de jure segregation |
occurs because of laws or administrative decisions by public agencies |
|
occurs because of laws or administrative decisions by public agencies |
de jure segregation |
|
affirmative action can be defined as |
remedial steps taken to improve work opportunities of women and racial and ethnic minorities |
|
remedial steps taken to improve work opportunities of women and racial and ethnic minorities |
affirmative action can be defined as |
|
the indirect result of the case of plessy vs ferguson |
the development of a system of legal racial segregation aka jim crow laws |
|
what case resulted in the development of a system of legal racial segregation |
plessy v ferguson |
|
the doctrine that holds that segregation in schools and public accomodation does not imply that one race is superior to the other race is |
seperate but equal doctrine |
|
barriers used to prevent african americans from voting include |
-white only primary election -poll tax -grandfather clause |
|
jim crow laws |
required the segregation of the races |
|
the civil right movement led by martin luther kin was based on the philosophy of |
nonviolent civil disobedience |
|
martin luther kings philosphy of nonviolent civil disobedience was influenced greatly by |
gandhi |
|
in the senate, unlimited talk to halt action on a bill is called |
filibuster |
|
the civil rights act of 1968 |
forbade discrimination in housing |
|
in 2007 the case of gonzales vs carhart put ban on |
partial birth abortion |
|
an effective technique used to successfully integrate lunch counters was |
the sit in |
|
discrimination |
based on prejudice/ irrational thinking -always bad ex. poll tax or black codes |
|
segregation |
can be biased or to protect the security of public -can be good ex. jim crow laws or prison |
|
civil rights movements in 50's |
54- brown v board of education = officially abolish school segregation 55- boycott city buses 57- gov of arkansas refused to let afican american students into school, eisenhower sent fed troops to allow students to attend school |
|
civil rights movements in 60's |
64- abolished racial discrimination in hotels, restaurants, and public amenities, and jobs, schools funded by goverment 65- voting rights act= gov must monitor people are voting 68- abolished housing discrimination |
|
women involved with feminism or anti feminism |
elizabeth cady stanton gloria steinem betty friendan alice paul phyllis schlafly |
|
elizabeth cady stanton |
wrote womens delaration of independence |
|
gloria steinman |
founded miss magazine |
|
betty friedmean |
feminist, estabolished and president of NOW - wrote feminine mystique |
|
wrote feminine mystique |
betty friendman |
|
estabolished and was president of NOW(national organization of women) |
betty friedman |
|
anti womens activist who was founded the Eagle Forum |
Phyllis Schlafly |
|
feminist who was the main leader and stratigest of the 1910's campaign for the 19th amendment (which prohibits sex discrimination in the right to vote) |
alice paul |
|
wrote the womens declaration of indpenedence |
elizabeth stanton |
|
leader and spokeswoman for the feminist movement of the 1960s and 70s |
gloria steinem |
|
civil rights movments in the 1950's |
movement of 54, 55, and 57 |
|
civil rights movment of 1954 |
brown vs board of education, officially abolished school segregation |
|
brown vs board of education established what |
the abolishment of school segregation officially |
|
brown vs board of education resulted in |
civil rights movement of 1954 |
|
civil rights movement of 1955 |
boycott city buses |
|
boycotting city buses was the civil rights movement of |
1955 |
|
civil rights movement of 1957 |
governor of Arkansas refused to let african american students into school so president Eisenhower sent federal troops to allow students to attend school |
|
governor of Arkansas refused to let african american students into school so president Eisenhower sent federal troops to allow students to attend school |
civil rights movement of 1957 |
|
civil rights movements of the 1960's |
64,65, 68 |
|
civil rights movements of 1964 |
abolished racial discrimination in hotels, restauraunts, public amenities, jobs, and school funded by government |
|
this abolished racial discrimination in hotels, restauraunts, public amenities, jobs, and school funded by government |
civil rights movement of 1964 |
|
civil rights movement of 1965 |
voting rights act= government must monitor the voting, had provisions, outlawed any iliteracy tests or anything used to disenfranchise racial minorities, prohibited racial discrimination in voting |
|
voting rights act= |
government must monitor the voting, had provisions, outlawed any iliteracy tests or anything used to disenfranchise racial minorities, prohibited racial discrimination in voting |
|
government must monitor the voting, had provisions, outlawed any iliteracy tests or anything used to disenfranchise racial minorities, prohibited racial discrimination in voting |
civil rights act of 1965 |
|
civil rights act of 1968 |
abolished housing discrimination, equal housing oppertunities |
|
this civil rights act abolished housing discrimination, equal housing oppertunities |
civil rights act of 1968 |
|
the us supreme court decision that legalized abortion |
roe vs wade 1973 |
|
roe vs wade 1973 |
abortion is legalized -divided pregnancy into trimesters 1st: abortion is ok 2nd: court can regulate/ woman must be supported 3rd: if court can regulate/ rights of the fetus must be supported |
|
abortion is legalized -divided pregnancy into trimesters 1st: abortion is ok 2nd: court can regulate/ woman must be supported 3rd: if court can regulate/ rights of the fetus must be supported |
roe vs wade 1973 |
|
-divided pregnancy into trimesters 1st: abortion is ok 2nd: court can regulate/ woman must be supported 3rd: if court can regulate/ rights of the fetus must be supported |
roe vs wade |
|
abortion as legalized by this landmark decision |
roe vs wade 1973 |
|
the us supreme court decisions that put restrictions on abortion |
webster case 1989 and casey case 1992 |
|
webster case of 1989 |
1. states doctor/hospital are not allowed to perfom abortion because of they are state funded 2.private doctors and clinic have right to perform abortion 3.life begins with conception |
|
the case that established these restrictions on abortion: 1. states doctor/hospital are not allowed to perfom abortion because of they are state funded 2.private doctors and clinic have right to perform abortion 3.life begins with conception |
webster case of 1989 |
|
casey case 1992 |
put restrictions on abortion 1. minors must have approval of parents 2. 24 hour waiting period 3. doctor must open a file for each patient 4. doctor must give advice to the patient |
|
the case that established these restrictions on abortion: 1. minors must have approval of parents 2. 24 hour waiting period 3. doctor must open a file for each patient 4. doctor must give advice to the patient |
casey case 1992 |
|
this type of discrimination can be good or bad |
segregation (prisons) |
|
poll tax is an example of |
discrimination |
|
jim crow laws is an example of |
segregation |
|
gonzales vs carhart |
banned partial term abortion for research -ethics vs politics |
|
this case banned partial term abortion |
gonzales vs carhart |
|
some tactics used to prevent african americans from voting in the south |
-literacy test, white only primary election, grandfather clause, poll tax |
|
issues that will be important in the future struggle for womens equality |
media, violence against women, equal pay, military, jobs, ownership of properties |
|
affirmative action policies were initially implemented because |
they were designed to fight against discrimination in the us -give extra oppertunity to those who were victimes of past discrimination |
|
arguments for affirmative action |
allows incentive for minority groups, increases job market, increases equality in jobs, and school admissions, diversity is good, there still is discrimination against racial groups and women today, reverses the negative effects caused by years of discrimination |
|
arguments against affirmative action |
reverse discrimination shouldnt be used to fix past discrimination, people should be selected based on merit not on race or gender, minorities and women who are affected by affirmative action come from priveleged backgrounds a majority of the time, increases racial tension |
|
what types of economic discrimination impacts older americans |
jobs, hiring, income, social security, laws protecting public aka driving laws |
|
women are majority |
men are minority |
|
womens movement in 1848 |
american feminists convention -womens declaration of independence ( all women and men are created equal) - written by elizabeth stanton |
|
womens movement in 1880's and 90's |
both major political groups supported womens rights - populists and progressives |
|
19th amendment |
1920 -gave women the right to vote -stated that gender should not affect ones right to vote |
|
stated that gender should not affect ones right to vote |
19th amendment |
|
NOW |
1960's -National Organization for Women Betty Friedan estabolished and was first president of NOW |
|
alice paul |
equal rights amendment |
|
anti womens organization |
eagle forum |
|
eagly forum was founded by |
phyllis schlafly |
|
phyllis schlafly was against the feminist movement because |
1. womens movement is anti-men 2. movement is anti old fashioned woman 3. movement is encouraging homosexuality among woman |
|
abortion is |
the premature termination of pregnancy that fetus could not have survived |
|
this supreme court decision divided pregnancy into trimesters |
roe vs wade 1973 |
|
plessy v ferguston (1896) |
jim crow laws developed segregation - segregation officially established in the country |
|
segregation is good b/c |
seperates criminals from public for means of protection |
|
segregation is bad b/c |
racial seperation is biased |
|
two types of segregation |
de-jure and de-facto |
|
de jure segregation |
require/enforced by law |
|
de facto segregation |
segregation that is illegally practiced -social segregation |
|
social segregation |
de facto |
|
segregation that is a law/ legally seperated |
de jure |
|
de jure means |
according to the law |
|
discriminatory laws |
grandfather clause poll tax white only primary election
|
|
if your grandfather had the right to vote you had the right to vote |
grandfather clause |
|
required a tax to be paid in order to vote |
poll tax |
|
only white people could run for primary elections |
white only primary elections |
|
passed laws at state level to counter civil war amendments are called |
discriminatory laws |
|
discriminatory laws are |
passed laws at state level to counter civil war amendments |
|
discrimination |
distinction of division on basis of prejudice |
|
prejudice |
irrational thinking/ behavior |
|
irrational thinking/ behavior |
prejudice |
|
distinction of division on basis of prejudice |
discrimination |
|
prejudice is based on |
ignorance |
|
dred scott vs sanford 1857 |
-classified slaves as private property -created an environment for civil war -worst decision made by supreme court |
|
this us supreme court decision classified slaves as private property and created an environment for civil war |
dred scott vs sanford |
|
government program to improve civil rights and civil liberties in us is known as |
reconstruction |
|
civil war amendments |
13th, 15th, and 15th |
|
13th amendment |
abolished slavery 1865 part of the civil war amendments |
|
14th amendment |
right of citizenship to former slaves 1868 part of the civil war amendments |
|
15th amendment |
right to vote to former slaves 1870 part of the civil war amendments |
|
the amendment that has these classifications is: right to vote to former slaves 1870 part of the civil war amendments |
15th |
|
the amendment that has these classifications is: right of citizenship to former slaves 1868 part of the civil war amendments |
14th amendment |
|
the amendment that has these classifications is: abolished slavery 1865 part of the civil war amendments |
13th amendment |
|
this us supreme court decision classified slaves as private property |
dred scott |
|
obscenity |
something that is inappropriate, not acceptable by community standard - is affected by condition, time, and location |
|
something that is inappropriate, not acceptable by community standard - is affected by condition, time, and location |
obscenity |
|
sedition |
illegal act against government |
|
illegal act against gov |
sedition |
|
16th century was important because |
-age of exploration -age of reformation -printing machine expanded christianity -age of slavery -justification of slavery from africa(africa just got out of war) -churches hated scientific development |
|
18th century was important because |
-industrial revolution -wesley - methodists
|
|
methodists 3 rules |
1. do no harm 2. do good 3. follow the principles of god |
|
roger williams |
colony in providence - was an environment for religious freedom |
|
william penn |
philidelphia (city of brotherly love) condition was that you have to pray only to one god |
|
puritans were in |
massachusetts and connecticut |
|
started the first baptsist church in us |
roger williams |
|
supporters of the early proponents of seperation of church and state |
williams and penn |
|
prespitarians were in |
long island |
|
lutherans were in |
delaware |
|
catholics were in |
maryland |
|
________ was anti religion because of the excess of catholic power used |
french revolution |
|
french revolution was anti religion because |
the catholic church was using too much power, they wanted a seperation of church and state |
|
nicholas cobernagus said that |
earth circles the sun |
|
griswald vs connecticut 1965 |
gave right to privacy |
|
this gave the right to privacy |
griswald vs connecticut 1965 |
|
washington vs gluckberg 1997 |
interest in liberty does not cover suicide or assisted suicide (not protected by constitution) -suicide is illegal but states can do otherwise |
|
states with rights to die laws |
oregon, washington, montana, and vermont |
|
obscene and obscenity is |
always changing and catagorized by an individuals community -depend on time and situation |
|
miller v california 1973 |
created guidelines for obscene and obscenity 1. how an average person is looking towards something based on community standard - each community makes decisions on issues of obscenity -has to prove an average person 2. something must be offensive based on state and local laws 3. something must be valueless |
|
us supreme decision that created guidelines for obscene and obscenity |
miller vs california |
|
guidelines outlined in miller vs california |
1. how an average person is looking towards something based on community standard - each community makes decisions on issues of obscenity -has to prove an average person 2. something must be offensive based on state and local laws 3. something must be valueless |
|
it is __________ to prove something worthy of lawsuit based on obscenity |
difficult |
|
to destroy the character of someone |
defamation |
|
defamation |
to destroy the character of someone |
|
slander |
to defame someone by speech |
|
to defame someone by speech |
slander |
|
to defame someone by writing or literature works |
libel |
|
libel |
defamation by writing |
|
act against government |
sedation |
|
freedom of information |
the right to get information from different sources; emails, tv, magazines |
|
the right to know belongs to |
the people (everyone) |
|
the right to get infor from different sources, emails, tv, or magazines |
freedom of information |
|
the right to access belongs to |
the media |
|
schnek vs the us 1919 |
clear and present danger test - states you have the right to talk about issues as long as you are not posing danger to society (ex. shouting fire) |
|
clear and present danger test was a result of this us supreme court decision |
schnek vs the us |
|
chaplinsky vs new hampshire 1942 |
fighting words do not enjoy the 1st amendment protection |
|
fighting words not being protected by the 1st amendment was a result of this us supreme court decision |
chaplinsky vs new hampshire |
|
new york times vs sulivan 1964 |
an average person that wants to sue someone with a libel lawsuit has to prove that what was said is false and deamatory -if a public official they must prove statement is false, defamatorym and malice (intentionally) |
|
the us supreme court decision that states an average person that wants to sue someone with a libel lawsuit has to prove that what was said is false and deamatory is |
ny times vs sullivan |
|
if trying to sue a public official for means of libel you must prove |
false, defamatory, and malice (intentionally) |
|
civil rights |
government must do something |
|
civil liberties |
those personal freedoms that the government should not invade ex. privacy, religion, free speech, first amendment |
|
those personal freedoms that the government should not invade ex. privacy, religion, free speech, first amendment |
civil liberties |
|
privacy, religion, free speech, first amendment are all examples of |
civil liberties |
|
martin luther kin is an example of |
civil rights activist |
|
1st amendment |
civil liberties -freedom of speech, press, and expression -peaceful assembly -religious freedom -seperation of church and state
|
|
civil liberties amendment |
1st amendment |
|
different types of speech |
-symbolic speech -regular speech -academic speech -political speech -commercial speech |
|
junk mail is an example of |
commercial speech |
|
campaign time speeches are an example of |
political speech |
|
speeches for educational institutions are an example of |
academic speeches |
|
something that stands for something else for example a peace sign is and example of |
symbolic speech |
|
us president is the |
-chief executive of country and can veto |
|
state governor is the |
chief executive of state (national guard) |
|
both state governor and president have powers |
veto, military, appoint top officials, and budget |
|
3 areas controlled by state government |
police, schools, and land management -can be controlled by national gonvernment (ex. FBI, national parks, miliatry school) |
|
good social service state |
connecticut |
|
switch from articles to constitution because |
no centralized government which led to civli war |
|
states that dont have income tax |
new hampshire and texas |
|
federal judiciary supreme court |
-judges serve for live and appointed by president and must be approved by senate -highest court system |
|
highest court system |
federal judiciary supreme court |
|
us courts of appeals (appellate) |
below supreme court |
|
district courts |
below appellate |
|
court systems from largest to smalles |
federal judiciary supreme court, us courts of appeal (appellate), district courts, state judiciatry supreme court, state courts of appeal (state appellate), general trial court |
|
state supreme court judges serve |
12 years |
|
state courts of appeal ( state appellates ) werve for |
6 years |
|
general trial court (state judiciary) |
superior court, municipal court serve for 6 years |
|
elastic clause aka neccessary and proper clause |
expands the us constitution -constitution can be interpreted to expand and have more oppertunity |
|
this expands the us constitution making it able to be interpreted to expand and have more oppertunity |
elastic or neccessary and proper clause |
|
if state gov doesnt comply with federal gov |
state gov loses funding |
|
federal law |
created by us congress |
|
state law |
created by state legislature |
|
house of representatives is made up of |
congress |
|
us congress is made up of |
house of represenetatives and senate |
|
assembly members are apart of |
state assembly |
|
members of senate are |
senators |
|
the different types of federal systems |
dual federalism, cooperative federalism, horizontal federalism |
|
dual federalism |
the beginning federal system (lasted unitl 1933) -creates competition between state and national government -state government and national government have equal rights and oppertunitiy |
|
the beginning fed system until 1933 |
dual federalism |
|
this states that the state gov and naional gov have equal rights and oppertunity |
dual federalism |
|
cooperative federalism |
state gov must work with federal gov together - ex. law police and fbi/army and national gov - prez has power to federalize |
|
horizontal federalism |
state and federal governments have interactions |
|
this type of government states that state government must work with federal government together |
cooperative federalism |
|
this type of government states that state and federal systems have interactions |
horizontal federalism |
|
major characteristis of horizontal federalism |
1. extradition 2. acts and deeds 3. immunities and privilages |
|
1. extradition 2. acts and deeds 3. immunities and privilages |
major characteristics of horizontal federalism |
|
extradition |
state agreement to bring criminals back to their state of crime to test against them for foreign affairs it depends on agreement with countries |
|
acts and deeds |
documents issued by one state must be accepted by other states -ex. license, college degrees |
|
this states that documents issued by one state must be accepted by other states |
acts and deeds (horizontal federalism) |
|
this states that if someone commits a crime the states will return the criminal to the state of crime to pursicuit them |
extradition |
|
immunities and privilages |
people who are coming from different states have to be treated with same rights as a citizen of that state |
|
this states that all individuals have to be treated with same rights as a citizen of that state |
immunities and privilages |
|
______ has the right to make any laws that are neccesary and proper |
congress |
|
when states receive money from federal government its called |
grant in aid |
|
grant in aid |
states receive money from gov - national gov funds states expenses |
|
categorical, block, revenue sharing |
3 types of grant in aid |
|
categorical grant |
designed for large projects -ex. highways or airport -HAVE to spend money on the claimed project -TOUGH regulations and restriction |
|
block grant |
more adjustable funds -can switch money funding
|
|
this grant allows you to be able to more easily swith money funding |
block grant |
|
this grant allows you to spend omeny only on what is the claimed project |
categorical grant |
|
this grant is designed for large projects |
categorical grant |
|
revenue sharing |
a tax to assist in monetary needs (governmental) |
|
a tax to assist in ruling needs |
revenue sharing |
|
holocause is an example of |
revenue sharing |
|
Social and economic changes |
ex. rail roads, airports, tv, volume of currency, population inrease, global warming, great depression all gives more power to national government because gov regulates
|
|
these give more power to national government because they regulate |
social and economic changes |
|
reasons for the expansion of the us federal system |
1. elastic clause 2. commerce clause 3. supremacy clause 4. civil war amendments 5. grant in aid 6. social and economic changes |
|
1. elastic clause 2. commerce clause 3. supremacy clause 4. civil war amendments 5. grant in aid 6. social and economic changes |
reasons for the expansion of the us federal system |
|
elastic clause |
the constitution is elastic, flexible, adaptable -judiciary branch practices elastic clause (supreme court)
|
|
this is practiced by the supreme court and states that the constitution is adaptable |
elastic clause |
|
commerce clause |
only national/federal government can regulate trade (commerce) relations between states and foregin governments |
|
this states that only national government can regulate commerce relations between states and foreign governments |
commerce clause |
|
commerce means |
trade |
|
supremacy clause |
constitution is the supreme law of the nation -creates respect for federal government which gives gov more power |
|
this creates respect for federal government which gives government more power |
supremacy clause |
|
this states that the constitution is that supreme law of the nation |
supremacy clause |
|
civil war ammendments |
gave more powers to national government -13th , 14th, 15th |
|
13th, 14th, and 15th amendments |
civil war amendments |
|
13th amendment |
1865, abolished slavery |
|
this amendment abolished slavery |
13th |
|
14th amendment |
1868, right of citizenship to former slaves |
|
this amendment gave the right of citizenship to former slaves |
14th |
|
15th amendment |
1870, right to vote to former slaves |
|
this amendment gave the former slaves the right to vote |
15th am |
|
this gave national government power because former slaves favored national government |
civil war amendments |
|
3 advantages of a federal system |
1. diversity 2. experimentation 3. political activism |
|
diversity |
- 1/3 of the advantages of a federal system - different states have different laws (ex. three strike law, legal marijuana) -gives oppertunity for people to select laws they wish to have by state - individuals can select which state they wish to live by their different laws |
|
different states have different laws that give oppertunity to people to select which state they wish to live in by the laws the state has is called |
diversity |
|
experimentation |
- 1/3 of the advantages of a federal system - experiment with laws in state government before applying to all states |
|
the fact that states can experiment with laws before it is applied to all of the states is known as |
experimentation |
|
political activism |
- 1/3 of the advantages of a federal system - federal system promotes democracy - multiple elections which promotes participation in politics |
|
because there are multiple elections |
political activism is encouraged |
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federal system |
- power flows to and from both national and state governments - there are delegated (right to print money and declare war) and reserved powers ( states right to run city or county government) - countries with federal systems are US, Brasil, India - state governments look like national government(chief exec of country is prez chief exec of state is governor) - two levels of gov= state and national |
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this has two levels of government, state and national |
federal system |
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in this system the state and national government look alike |
federal system |
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delegated powers |
powers reserved to national gov |
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reserved powers |
powers reserved for state gov |
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unitary system |
- power flow from national governent to state gov - only one level of gov= national ex. china, japan, france - all powers located in national government |
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in this system all powers are located in national government |
unitary system |
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confederation |
- power flow from state gov to national gov - association of independent states - states are sovergn (independent) ex. united nations, nato, warsaw pact, articles of confederation |
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states are soverign |
confederation |
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formal process of amending |
A. 2/3 vote of us congress in both chambers or B. 2/3 vote f special convention then goes to either 1. ratified by 3./4 of special convention or 2. ratified by 3/4 of state legislature
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3 powers in constitution |
delegated reserved concurrent |
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delegated powers |
powers that exclusively belong to national government ex. declare war, print money, establish froegin relations with foreign countries |
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these are powers that are exclusiely belonging to national government |
delegated powers |
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the power to declare war, pring money, and estalbish foregin relations are |
delegated powers |
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reserved powers |
exclusively to states government ex. draft local governments (cities, counties) |
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powers that are exclusively belonging to the states government |
reserved powers |
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concurrent powers |
both state and national government can pratice ex. taxation, punishment, education |
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taxation, punishment, and education are all |
concurrent powers |
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state prohibitions |
cannot print money cannot declare war cannot exchange ambassadors with foreign countries
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national prohibitions |
cannot deny rights of people granted by constitution cannot reestablish slavery
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state and national prohibitions |
cannot practice titles like king and queen |
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1st amendment |
freedom of speech, press and expressment right to -peaceful assembly, petition government - clear and present danger test= as long as not threatening or posing danger to society you can do it |
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1st amendment violations |
slander and libel |
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slander |
defame with verbal expression |
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to defame with verbal expression |
slander |
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libel |
to defame by written expressions |
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to defame by written expressions |
libel |
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2nd amendment |
right to bear arms -collective rights(liberals) vs indidivudal rights(conservative) |
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3rd amendment |
government can not occupy ur property during the peace time |
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4th amendment |
illegal search and seizure is prohibited - privacy rights derived from this amendment |
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legal rights of the people is |
amendments 5,6 and 7 |
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5th amendment |
double jeopardy is prhibited (cannot be tried twicce for the same crime) |
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6th amendment |
right to a fair and speedy trial and a attorney |
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7th amendment |
dispute between 20$ you can ask for a jury trial |
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8th amendment |
curel and unusual punishment is prohibited -if punishment doesnt fit he crime - fi punishement is designed to inflict alot of pain |
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two things that make a punishment cruel and unusual |
-if it doesnt fit the crime -if it is designed to inflict alot of pain |
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9th amendment |
unlisted rights belong to the people (privacy, womens vote) |
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10th amendment |
unlisted powers belong to the state and people (changes that we have) |
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the broadness of the bill of rights allowed to constitution to be flexible |
this is why the constitution has lasted so long |
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jefferson convinced madison to write |
bill of rights |
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bill of rights was written so government would not |
take citizens natural rights - didnt want central government to have too much power |
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1st comprehensive declaration of rights was |
virginias |
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locke stated that |
we have the right to life, liberty, and pursuit of happiness |
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amendint the constitution (formal procedure) |
passed by 2/3 us congress in both houses or 2/3 of special convention and national level then ratified by 3/4 state legislators or 3/4 of state conventions |
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amending the constitutions informally |
through supreme court decisions we are changing the government |
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bill of rights |
most important document in us constiuttion |
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bill of rights |
1-10 amendments |
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federalist papers |
written by hamilton, james maddison, and jay - supported the constitution and federal system( checks and balances and constitution) |
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us constitution |
federal system (strong national government) 50 states unified currency unified military bicameral congress house and senate
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articles of confederation |
confederation(sovergn states) 13 states different currency per state state militia unicamaral congress |
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this had unicamaral congress |
articles of confederation |
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constitution has |
powers and prohibitions |
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state and national prhibitions |
title of nobility |
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state government prohibition |
cannot print money cannot declare war cannot exchange ambassador with foregin country |
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before 1776 there was |
articles of confederation |
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articles of confederation |
-predecessor of constitution -created 13 independent states -different states had different currencies and rules |
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this created 13 independent states which each had different currencies and rules |
articles of confederation |
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virginia plan |
proposed by james madison - larger states have more representatives in congress -small states opposed |
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new jersey plan |
equal representations among all states -larger states opposed |
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great compromise |
-combination of virginia plan and new jersey plan -created jud/exec/ and leg branches -senate (new jersey plan) -house (virginia plan) - prez can serve for 2 terms no mre than 10 years |
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this stated that the prez can serve for 2 terms no more than 10 years |
the great compromise |
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if vp is dying but prez is alive th prez |
appoints someone but must be approved by both houses |
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consitution is the supreme law of the nation |
must explain what type of government must explain each branch of government and its relations must explain relations between national gov and state gov must explain freedoms and rights of people
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written consitution |
drafted into one document ex. the constitution of usa |
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unwritten constitution |
collection of documents ex. constitution of uK |
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some countries have constitutions but do not have constitutional government |
government with out a system of checks and balances |
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constitutional government |
a government with a system of checks and balances |
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social and economic rights |
1. social and economic condition (right to a certain quality of life) 2. the right to work 3. the right to education |
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rights based on equality |
womens rights and ethnic group rights |
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human rights |
-civil and political rights -participation in the political processs -freedom of speech, press, and expression (has limitations) - religious freedom -seperation of church and state -right to petition the government -right to peaceful assembly |
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most important documentation of human rights was |
declaration of independance |
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second most important documentation of human rights was |
french declaration of human rights |
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third most important documentation of human rights was |
uns universal declarations of human rights 1948 |
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civil and political rights |
a human right |
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right of participation in the political process |
a human right ex. voting, jury duty, legal defense fund, running for office |
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right of freedom of speech, press, and expression |
a human right -has limitations no slander - defame by verbal speech no libel- defame by written speech |
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religious speech |
a human right |
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seperation of hcurch and state |
a human right |
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us does not have an abosulte seperation of |
church ans state - has relative seperation |
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right to petition the government |
a human right |
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right to peaceful assembly |
a human right
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right to work |
social and economic right |
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right to obtain a certain quality of life |
social and economic right |
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right to education |
social and econoic right |
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presidential voting is |
first tuesday in month of november |
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governments largest to smalles |
fed, state, county, city |
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direct democracy |
democracy without representation - only state and local ex. referendum, recall, and initiative |
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indirect democracy |
democracy with representation -no direct democracy at national level easier because its designed for large nations |
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this democracy is good for large nations |
indirect democracy |
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referendum, recall, and initiative are |
direct democracy |
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universal sufferage |
right to vote |
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right to vote is known as |
universal sufferage |
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people who dont have the right to vote |
felons, children, mentally ill, not us citizen |
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the declaration of independance 1776 |
written by thomas jefferson |
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declaration of independances 3 major points |
1. human rights declaration 2. revolutionary declaration 3. independance declaration |
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human rights declaration |
1/3 major points of declaration of independence -ex. life, liberty, and pursuit of happiness (locke orgionally said property) |
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revolutionary declaration |
1/3 major points of declaration of independence - universal declaraion -social contract (citizens responsibilities) |
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independance declaration |
1/3 major points of declaration of independence - because its colonies received indpendence from britain |
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2 houses |
house of representatives and senate |
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house or representatives |
435 people - distributed by population per state
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senat |
100 people 2 per state |
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in case of impeachment |
house charges and senate must agree. needs 218 (1/3) votes to charge and 67 senate votes |
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transfer of power heirarchy |
prez, vp, speaker of house, president prtempore, cabinet |
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3 branches of gov |
judicial, executive, legislative |
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judicial branch |
interprets the law -has judicial review |
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executive branch |
enforces the law |
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legislativ branch |
makes laws |
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conditions for president of the us |
prez must be at least 35 live in us for at least 14 years conscutively be a natural born us citizen |
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checks and balances |
power of prez, power of congress against prez veto, judicial review |
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power of president |
can veto |
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power of congress against prez veto |
override |
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judicial review |
declare a law unconscitutional judicial branch |
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congress can |
override and impeach |
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different types of democracies |
direct, indirect |
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democracy where you are representing yourself |
direct democracy |
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deomcracy where elcted officials are representing the peoples wants |
indirect democracy |
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initiative |
direct democracy - citizens propose law and it is put in state wide ballad -ex. propositions - you can only add laws
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referendum |
direct democracy -act of reffering something to the people for approval or disapproval |
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act of referring something to the people for approval or disapproval |
referendum (direct democracy) |
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recall |
direct democracy - procedure to remove an elected official from office |
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procedure to remvoe an elected official from office |
recall (direct democracy) |
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4 advantages of a democracy |
1.peaceful transfer of power ( has power heirarchy) 2. freedom of speech, press, and express 3. checks and balances 4. effective relationships between government and the people ( b/c they are elected by the people) |
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government ruled by the people |
democracy |
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government |
institution where the political power is exercised |
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most important aspect of government |
political power |
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in government there are |
rulers and ruled (subjects) |
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without power government is |
meaningless |
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why do we need government |
- to provide social services (education, health insurance) - to maintain law and order ( highway patrol, state trooper) - to defend the nation ( army, military forces) - to ensure justice ( court system, civil rights, political rights) |
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need government to |
provide social services to maintain law and order to defend thenation to ensure justice |
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hobbes 1651 leviathan |
states most imporant service of government is to maintain law and order |
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john locke mentions in high social contract |
the importance of law and order |
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rehabilitation |
to correct someone |
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deterance |
to prevent crime |
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to correct someone |
rehabilitation |
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to prevent crime |
deterance |
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incapacitation |
to put in jail |
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to put in jail |
incapacitation |
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retribution |
to give back to society |
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to give back to society |
retribution |
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cruel and unsusal punishment |
prohibited by universal decalration of human rights and 8th amendment - when punishment odesnt fit crime - if the punishment is designed to cuase alot of pain |
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3 violation levels |
infractions, misdemeanors, felonies |
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infractions |
minor violation ex. traffic |
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misdemeanor |
serious violation ex. shoplifting, DUI |
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felony |
very serious violation ex. murder, robbery |
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guitine, stoning, death penatly, breaking on the wheel are all examples of |
cruel and unusual punishment |
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reasons for crime |
poverty, lack of education, unemployment, gang affliation |
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gun control favor points |
2nd amendment was targeted toward militia rather than individuals crimes can be less dangerous by making it more difficult to get a gun legalized gun ownership means guns have a more likely chance of falling in the hands of kids
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death penalty supporting points |
justice is served get what they deserve have to show an example that there are punishments for every crime |
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death penalty against points |
they can kill someone who is innocent people can change cruel and unusual punishment so it interferes with the 8th amendment capital punishment does not deter crime poor quality defense can leave someone sentenced to death |
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discrimination |
acting on prejudice ex. throwing rocks at peacefule protestors |
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segregation |
seperates two groups of individuals ex. lunch counters |
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voting rights act |
1965 |
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abolished housing discrimiation |
civil rights act of 1968 |
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abolished racial discrimination in hotels, restarurants, and public amentities, jobbs, schools funded by gov |
civil rights act of 1964 |
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boycotted city buses |
civil rights act of 1955 |
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_____ is an action in violation of the law |
crime |
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violations have _ levels |
3 |
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punishment has_ purposes |
4 |
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the 4 purposes of punishment |
rehabilitation, deterance, retribution, and incapitation |
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rehabilitation has been supported by |
dr karl menninger |
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deterrence has been favored by |
james wilson |
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the purpose of deterrence is to |
discourage crimes in our society |
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the purposed of rehabilitation is to |
reform the perpetrators in our comunity |
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to reform the perpetrators in our community |
rehabilititation |
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to discourage crimes in our society |
deterrance |
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______ means to get the criminals off the streets |
incapacitation |
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incapacitation |
to get the criminals off the streets |
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retribution refers to the ________ which means and eye for an eye and a tooth for a tooth |
old testiment law |
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some punishments regarded as cruel and unusual punishments such as |
breaking on the wheel |
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if there is no match between crime and punishement or the punishment is designed ot inflict alot of pain |
regarded as cruel and unusal punishments |
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the purpose of rehabilitation is to |
reform the criminals in society |
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deterrence means to |
prevent the crimes in our society |
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retribution refers to the |
old testiment law |
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the science of prison and prison management is called |
penology |
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penology |
science of prison and prison managaement |
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purposes of punishement |
rehabilitation, deterrence, retribution, incapacitation |
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the case of gideon vs ainwrigth 63 established |
free counseling for suspects |
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the case of escobedo vs illinois 64 allowed the suspect to bring his attorney during the |
police investigation |
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the case of miranda vs arizona 66 provided legal protections for |
the suspect |
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violations have _ levels |
3 |
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the case of furman vs georgia 72 abolished the death penalty in the |
US |
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constitution is divided into 2 sections |
written nd unwritten |
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against gun control points |
its is our right to bare arms as stated by the 2nd amendment self defense gun control hasnt worked for uk or germany crimes are often prevented by the posibilty of gun ownership banning guns will create another potentially large source of organized criminal revenue would take away another piece of our liberty, working toward a totalitarian government |
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the case of greggs vs georgia 76 |
reinstated the death penalty in the us |
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cruel and unusual punishemnt are prohbited by the |
8th amendment |
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which state has the highest death row inmates |
california |
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punishment has _ major purposes |
4 |
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to pay back to society is called |
retribution |
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what are the four puroposes of punishment |
-retribution, deterance, rehabilitation, incapacitation |
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what are cruel and unusual punishments |
punishments that cause alot of paint and do not sut the crime |
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infraction example |
driving ticket |
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misdemeanor example |
petty theft |
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felony example |
armed robbery |
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criminology |
science of study why people are committing crimes ex. poverty, alcohol, guns |
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the science of studing why people are commiting crimes |
criminology |
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criminalistics |
science to identify who did the crime (who the criminal is) ex. dna tests, camara |
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the science to identify who did the crime (who the criminal is) |
criminalistics |
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criminal law |
what is crime and what is punishment by law - defines crime and punishment from legal pov |
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defines the crime and punishment from legal pov |
criminal law |
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international criminal law |
defines crime and punishment in international arean ex. money laundering |
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defines crime and punishment in international arena |
international criminal law |
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criminal(civil) procedure |
defines rules and procedures of trials |
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this defines rules and procedures of trials |
criminal or civil procedure |
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penology |
science of prison and prison management |
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science of prison and prison management |
penology |
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proponents of death penatly |
resitivism = if dont kill they will kill someone else justicce retribution= pay back to society show a lesson to the rest of society (deterance) |
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opponents of the death penalty |
mistake by judge or juries (judicial error) can sentence innocent person to death cruel and unusual punishment against natural law money and race affects death penalty sentences no close correlation between death penalty and crime rate |
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you could determine whether the death penalty is an instrument of racial oppression by |
seeing those who are sentenced races and comparing the sentencing of the exact same crime in different races |
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if the death penlty is acceptable, in what kinds of cases should it be applied? why? |
in cases such as mass murder where the indidvidual willingly harmed multitudes of innocent people |
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what effect would public executions have on violent crime |
public executions would probably decrease the amount of violent crime as people would be scared |
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mercy killing |
euthinasia |
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euthinasia |
mercy killing |
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the practice of intentionally ending a life in order to relieve pain and suffering |
euthinasia |
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those personal freedoms that are protected for all individuals |
civil liberties |
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the part of the first mendment of the us constitution prohibiting the establishment of a church officially supported by the government |
establishment clause |
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establishment clause |
the part of the first am prohibiting the establishment of a church officially supported by the government |
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the view that most protections of the bill of rights incorporated in the 14th amendment of the us constitution against state governments |
incorporation theory |
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incorporation theory |
the view that most protections of the bill of rights incorporated in the 14th am against state governments |
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restraining an action before the activity has occured |
prior restraint |
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prior restraint |
restraining an action before the activity has occured |
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a rule that speech or other first amendment freedomes may be curtailed if such expresseion might lead to some evils |
bad tendancy rule |
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bad tendancy rule |
a rule that speech or other first amendment freedomsmay be curtailed if such expression might lead to some evils |
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a judicial doctrine which limitations are permissible if they avoid imminent, serious, and imporant evil |
preferred position doctrine |
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preferred position doctrine |
judicial doctrine which limitations are permissible if they avoid imminent, serious, and imporant evil |
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speech may be restricted if it provoes clea are present danger to the public |
clear and present danger test |
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clear and present danger test |
speech may be restricted if it provoes clea are present danger to the public |
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advertising statement which have been protected under the 1st am |
commercial speech |
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nonverbal expression |
symbolic speechs |
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symbolic speech |
nonverbal expression |
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defamation by speech |
slander |
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slander |
defamation by speech |
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words used by a public speaker that provoke an average person to biolent, such as racial or ethnic type |
fighting words |
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fighting words |
words used by a public speaker that provoke an average person to biolent, such as racial or ethnic type |
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disruptive behavior of a public listener that, in effect, vetoes the public speakers rights to speak |
hecklers veto |
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hecklers veto |
disruptive behavior of a listener that vetoes the public speakers right to speak |
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a written defeamation |
libel |
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intentionally publishing any printed statement that is injurious to the character of another person |
actual malice |
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actual malice |
intentionally publishing any printed statement that is injurious to the character of another person |
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a court order restricting the publication on news about a trial in progress to protect the rights of an accused to fair trial |
gag order |
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gag order |
court order restircting info from being made public |
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civil liberties represent |
something the government cannot do such as abridge a freedom |
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_______ represent something the government cannot do such as abridge a freedom |
civil liberties |
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in the us, freedom of religion consists two principal concepts |
-seperation of church and state -free exercise of religion |
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according to the clear and present danger test, expression may be restricted if the public |
evidence exists that such expressions would cause a condition which would endanger the public |
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the concept of the right to die |
has yet to be covered under the principle of right to privacy by the supreme court |
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slander laws protect people from |
obscenity and defamation of character |
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fighting words |
provoke the average listeners to violence |
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gag orders have been used to |
restrict the publication of news about a trail in progress |
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the privacy act of 1974 |
allows citizens the right to obtain copies of personal records collected by federal agencies |
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the writ of habeus corpus |
the right to know the charges against you |
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the right to know the charges against you |
the writ of habeus corpus |
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a major reson fo the adoption of the so called miranda rights was that |
criminal law enforcement would be reliable if it were based on indpendent secured evidence |
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as orginaly presented in the constitution, the bill of rights |
limited only the power of national government, not that of the states |
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the 14th amendment |
applied the bill of rights to the states |
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this applied the bill of rights to the states |
the 14th amendment |
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prior restraint is defined as |
restraining an activity before that activity has actually occured |
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gag orders have been used to |
restrict the publication of news about a trial in progress |
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the great balancing act: the rights of the accused versus the rights of society. limits on conduct of police and prosecutors include no |
unreasonable or unwarranted searches or seizures |
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personal opinion on the imporance of freedom of speech, press, and expression |
freedom of speech is imporant because it allows us to be closer to the gobernment and the government is informed on issues of the people. Freedom of speeh also allows us to not be individuals different of one another and farther away from a totalitarian government |
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5 different types of speeches |
academic, political, regular, commercial, and symbolic |
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academic speech |
for colleges, public education |
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speech for everyone |
regular speech |
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advertisement or junkmail is this type of speech |
commercial speech |
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nonverbal actions / bumper stickers is this type of speech |
symbolic speech |
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the right to know |
freedom of info, right to get info from different sources classified and non classified |
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political speech |
during campaign and election |
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right to access |
for media, journalists, news anchors |
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miller vs ca 73 major points |
- the local government describes what is consdiered obcene -something must be offensive - average people have right to describe what is acceptable or not - something must be valueless |
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libel |
defamation by writingd |
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defamation |
destroy character of someone, falsilfy something |
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slander |
defame by speech |
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sedition |
an illegal at against gb |
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an illegal act against gov |
sedition |
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speech |
verbl expression -personal opinion -limited audience -slander |
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press |
-written expression -oranixational statement -large audience -libel |
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supreme court cases regarding prayer in schools |
allows individuals to practice their own religion |
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how the right of privacy evolved into the issue of abortion |
the right of privacy has evolved into the issue of abortion because privacy is seen as the ability of a woman to decide what happens to her own body but with all of the government restriction put on abortion it is in debate with the right to privacy |
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the right to know |
belongs to the people (everyone) |
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the right to access |
belongs to the media |
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freedom of info |
rightto get infor from different soures |
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the legal problems that have developed since roe vs wade |
there have been restriction put on abortions, like who can preform abortions, when life begins, and banning partial term abortion |
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life begins with |
conception |
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why is the seperation of church and state very imporant |
- so that no church gains to much power - so that gov doesnt act like church -so that church doesnt act like gov so there is equality |
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a method for adjusting of money that states must put up to reveice federal funds |
matching funds |
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a system of government which states and national government remain supreme within their own spheres |
dual federalism |
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dual federalism |
a system of gov which states and national gov remain supreme withing their own spheres |
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a theory that states and national gov should cooperate in solving problems |
cooperative federalism |
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an order issued by a court to compel or restrain the performance of an act by individuals or govvernment officials |
injunction |
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injunction |
an order issued by a court to compel or restrain the performance of an act by individuals or govvernment officials |
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the act of withdrawing from a membership in an alliance, the withdrawl of a state from the federal union |
succession |
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succession |
the act of withdrawing from a membership in an alliance, the withdrawl of a state from the federal union |
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states claimed that a state had tthe right to declare a national law to be null and void |
nullification |
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nullification |
legal theory that states claimed to have the right to declare a national law to be null and boid - never been upheld by federal courts |
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a requirement in federal legilation that forces states and municipalities to comply with certain rules |
federal mandate |
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federal mandate |
a requirement in federal legilation that forces states and municipalities to comply with certain rules |
|
a plan to restore the powers of the states |
new federalism |
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new federalism |
a plan to restore the powers of the states |
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the powers of the us congress to regulate the trade among the states |
commerce clause |
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commerce clause |
the powers of the us congress to regulate the trade among the states |
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the constitution provision that states should resspect the laws and court decisions of other states |
full faith and credit clause |
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full faith and credit clause |
the constitution provision that states should resspect the laws and court decisions of other states |
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to return a futitive criminal to the jurisditction of the accusing state |
extradite |
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special rights and exceptions provdied by the law |
imunities and priveleges |
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immunities and priveleges |
special rights and eceptions provided by the law |
|
an agreement between wo or more states |
interstate compact |
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the constitutional provision that makes the constitution and federal laws superior to all state and local laws |
supremacy clause |
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activities, problems and policies that require state governments to interact with one another |
horizontal fedralism |
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the authorities to legislate for protection of the health, moral, safety, and welfare ot the people |
police power |
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police power |
the authorities to legislate for protection of the health, moral, safety, and welfare ot the people |
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powers held jointly by natinoal and state governments |
concurret powers |
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powers specifically granted by the constitution to the natinoal government |
enumerated or delegated powers |
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these powers granted to the national government to do whatever is neccesary to execute its delegated powers |
elastic clause |
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a system of govenment that cetral government has limited powers over states |
confederation |
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a system of government that states and subdvisionsal government exercise only those powers granted to them by the national government |
unitary system |
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a system of government which political powers divided betweens tates and national gov |
federal system |
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programs which require that states must provide 10-50% of the fund |
equilization |
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equilization |
programs which require that states must provide 10-50% of the fund |
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an order issued by a court to compel or restrain the performance of an act by individuals or government officals is known as |
injunction |
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a judicial order that restrains a person of partaking in actions that are threatening or ivading the legal right of another |
injunction |
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the act of withdrawing from an alliance is called |
succession |
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a requirement in federal legislature that forces states and municipalities to comply with certain rules is known as |
federal mandate |
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a plan to restore the powers of the states is a movement towardsc |
confederation |
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the power of the us congress to regulate the trade relations among the states is called |
interstate commerce clause |
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the constitution provision that states should respect the laws and court decisions of other states is called |
full faith and credit clause |
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to reurn a fugitive criminal to the jurisdiction of the accusing state is known as |
extradition |
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an agreement between two or more states is called |
interstate compact |
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the supremacy clause means that |
the constitution is the supreme law of the nation |
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the powers held jointly by national and state governments is called |
concurrent power |
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delegated power means that owers exclusively granted to the |
national government |
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the powers granted to the national government to do whatever is necessary to execute its delegated powers are known as |
elastic clause |
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a system of govenment that central government has limited powers over states is known as |
confederation |
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a system of government which political powers divided between states and national government is called |
federal system |
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a system of government which states and national government remain supreme within their own spheres is known as |
dual federalism |
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federal governments |
- has two levels of government federal and state, they both share alot of similarites -
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similaritis between prz and governor of state |
can both veto, both chief commander, both give state of ___ speech |
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the 3 advantages of a federal system |
diversity, political activism, and experimentation |
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elastic and commerce clauses expanded the powers of the federal government by |
allowing the constitution aka the supreme law to be applicable to situations that the founding fathers would have never thought of - elastic clause allows congress to make any laws neccessary -commerce clause has been used to justify the use of federal laws that do not implicate trade |
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how have civil war amendments expanded the powers of the federal government |
13,14,and 15th amendments gave freedom to slaves, citizenshpi to former slaves, and right to vote for former slaves. increased participation and gave more powers to national gov -could now tax everyone and enforce laws to all states and people |
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how have social and economic changes expanded the powers of the federal government |
gave more powers to the federal government because the government can regulate things such as technology, airlines, railroads, highways, and size of military |
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grant in aids role in the expansion of the federal government |
federal government receives more taxes so they have more money and fund state governments. states then have to obide by certain rules making the federal gov more powerful |
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confederation |
association of independent states |
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unitary system |
only level of gov -major power in central gov ex. china, england
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dual federalism |
system where states and anitonal gov have equal powers |
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cooperative federalism |
system where state and national gov cooperate to solve problems |
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horizontal federalism |
system where states must interact with each other -extradite |
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competitive federalism |
a. federal and state government are seeking more powers b. states are competing with each other for more power |
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the three different models for organizing relations between a central gov and local or sub divisional gov and the advantages of each |
confederate- individual states can have their own personal laws, can make local laws federal system- equal amount of power among federal and state governments, encourages political activism, experimentation, and diversity unitary system- central government is strong , uniform laws, foreign policy and national defense policy are handled easily |
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concurrent powers |
powers shared by federal and state governments ex. impose taxes, borrow money, and law enforcement, and milita |
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the struggle over the roles of government resulted in the civil war; imporant issues of the confederalists and the unionists. impact of the civil war on the structure of the government |
confederalists= wanted slavery unionists= didnt want slavery - the civil war affected the government by reconstructing and restoring national unity and guaranteeing civil rights to the freed slaves |
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an international agreement between chiefs of state that does not require a legilsative sanction |
executive agreement |
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executive agreement |
an international agreement between chiefs of state that does not require a legilsative sanction |
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the pwoer of the us supreme court or any other federal court to declare a federal or any state law unconstitutional |
judicial review |
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formal approval |
ratification |
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the people who were in favor of the creation of a new constitution in 1787 |
federalists |
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the principle of dividing powers aomng the three branches og government |
seperation of power |
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a group of people occuping a specfic area and organized under one government may be either a nation or subuint of nation |
state |
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state |
a group of people occuping a specfic area and organized under one government may be either a nation or subuint of nation |
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rights inherent in natural law |
natural rights |
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an indivdual who opposed the ratification of the new constitution in 1787 |
anti federalists |
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legislature with only one chamber |
unicameral legislature |
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a system of government with the ultimate power vested in the state or regional government except those powers delegated to the national government |
confederation |
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a legislature with two legislative bodies |
bicameral legislature |
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a doctrine that asserts the superiority of national law over state or regional laws |
supremacy doctrine |
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a combination of the new jersey and virginia plans and called the connecticut plan |
great compromise |
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a model of government devised by james madison in which the powers of government are divided between the judicary, execive, and egislative branches of government |
madisonian model |
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madisonian model |
powers of government divdied between judiciary, executive, and legislative branches |
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a major principle of american system whereby each branch of government exercises a check on the actions of others |
checks and balances |
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the articles of confederation was |
rules for an association of essentially soverign states |
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the concept of seperation of power was included in the constitution to prevent |
tyranny of any kind |
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tyranny |
dictatorship |
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the federalist papers were |
an attempt to define the constitution and a republican form of government |
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constitutional amendments must be ratified by |
legislature or conventions in three fourths of the states |
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examples of constitutional interpretation that hve changed over time include |
the interstate commerce clause and bill of rights |
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the tax called taxatio without representation was |
the stamp act |
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the major reason for the creation of the mayflower compact was |
to establish a structure for civil disobedience |
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thomas paines pamplet common sense advocated the |
idea that a government of our own is our natural right |
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this advocated the idea that a government of our own is our natural right |
thomas paines pamplet common sense |
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confederation means |
a voluntary association of independent states |
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according to john locke the purpose of government is to |
protect peoples natural rights |
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a voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules is called |
a social contract |
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republicans were not oppose to |
the authority of legislatures |
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state government in the revolutionary war period and later |
concentrated power in the legislature |
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the major reason for the creation of the articles of confederation was |
fear of a powerful central government |
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under the articles of confederation, congress had the power to |
regulate foreign afffairs |
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the constitution gave the people |
a republican or represetnative government |
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in resposne to the federalist papers, the anti federalists argued for |
bill of rights |
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the formal amdnment process allows |
a difficult procedure that makes amendment unlikely |
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informal methods of consituttional change include |
interpretation by both congress and the president |
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according to federalist papers, it is imporant to guard the society against the oppresion of |
the rulers and the majority -protect minorities against oppresion of majority |
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connecticut plan |
the great compromise |
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virginia plan |
by population house |
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new jersey plan |
equal senate |
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the federal papers |
an attempt to explain and get support for the constitution written by hamilton, amdison, and jay |
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bill of rights |
protect the rights of citizens and reject central overnment from getting too powerful |
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passed by 2/3 |
us congress in both chambers or special convention at national level
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ratified by |
3/4 state legilsators or state conventions |
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articles vs constitution |
lack of funds for milita led to taxes imposed for military in constitution
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historical experiences reflected in articls |
just had broken free from a strong central gov (england) so wanted indpendence |
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historical experiences reflected in constitution |
the articles proved faulty so made a central govenment tobe as a foundation to the states |
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the declaration reflections of natural rights and social contract |
the declaration states several rights that are inherent to individuals so that the government cannot strip the citizens of them and become too powerful which is what the confederalists or anti federalists wanted social contract to have all states join together which is what federalists wanted |
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why 3 branches of gobernment |
the framers didnt want anyone branch of the gov to get too pwoerful. advantages is that a totalitarianship would not occur yet the seperation makes severl processes much longer than they need to be |
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us constitution vs articles |
constitution= -fed system -50 states -unifiedcurrency -unified military -bicamaral -dependent
articles= -confederation -13 states - different currencies -state militia -unicamaral -independent/ soveriegn |
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rights to be inherent in natural law and not dependent on government such as life, liberty, and the pursuit of happiness |
inalienable rights |
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the concept that the ultimate power rests with the people |
popular sovereignity |
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a theory that view politics as a conflict and political decisions made by bargaining and compromise |
pluralism |
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pluralism |
a theory that view politics as a conflict and political decisions made by bargaining and compromise |
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the collection of beliefs and attitudes toward government political institutions and political process |
political culture |
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the process though which individuals learn a set of political attidues and form opinions about social issues |
political socialization |
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political socialization |
the process though which individuals learn a set of political attidues and form opinions about social issues |
|
political culture |
the collection of beliefs and attitudes toward government political institutions and political process |
|
the rights of all adults to vote for their representative |
universal sufferage |
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a form of government which soveriengty rests with the people who elect their representatitves |
republic |
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a formm of government in which the representatitive are elected by the people to make and enforce laws and policies |
representative democracy |
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representative democracy |
the collection of beliefs and attitudes toward government political institutions and political process |
|
the procedure allowing the people to dismiss an elected official from office before his term is expired |
recall |
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recall |
the procedure allowing the people to dismiss an elected official from office before his term is expired |
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a system in which political decisions are made by the people directly |
direct democracy |
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an act of referring legislative or constitutional measures to the people for approval or disapproval |
referendum |
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the condition of having no law and no government |
anarchy |
|
referendum |
an act of referring legislative or constitutional measures to the people for approval or disapproval |
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a system of government that the ultimate power vested in the peopled |
democracy |
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a procedure by which the voters can propose a law or constitutional amendment |
initiative |
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initiative |
a procedure by which the voters can propose a law or constitutional amendment |
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the feature of a leader or institution that compel obedience |
authority |
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the ability to cause others to modify their behavior and to confrm what the power holder wants |
power |
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a form of government that controls all aspects of the social and political life of the people |
totalitarian regime |
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rule by the best suited through virtue, talent or education |
aristocracy |
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aristocracy |
rule by the best suited through virtue, talent or education |
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oligarchy |
rule by the elites who genrally make decisions to benefit their own group |
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rule by the elites who genrally make decisions to benefit their own group |
oligarchy |
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an insitution where the political power is exercised |
government |
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the art or science of goernment |
politics |
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the status that hte people believe that the government actions are legitimate, appropriate, and rightful and require the obedience of the citizens |
legitimacy |
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the acceptance and carrying out authrities decisions |
compliance |
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the ideas that the government and laws derive their legitamacy from the consent of the people |
consent of the people |
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the theory that society should be governed by certain ethical principles that are part of the nature and can be understood by reasonn |
social contract theory |
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social contract theory |
the theory that society should be governed by certain ethical principles that are part of the nature and can be understood by reasonn |
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the belief that all the people are free and equal by god and in turn requires that all people give their consent to be governed |
natural law |
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the economy that the market regulats the prices, wages, products and so on |
free market economy |
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the system that favors private control of buisness and minimal government regulation of private industry |
capitalism |
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capitalism |
the system that favors private control of buisness and minimal government regulation of private industry |
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individual set of value andbelief about the purpose and scope of government |
political idealogy |
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the process through which individuals learna set of political attitidues and form opinions about social issues is called |
political socialization |
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the rights of all adults to vote for their representatives is called |
universal sufferage |
|
recall |
the procedure allwing the people to dismiss elected officals fromoffice before his term is expired is called |
|
a form of government that control asll aspects of the social and political life of the people |
totalitarianism |
|
the condition of having no law and no government is reffered to as |
anarachy |
|
the art or science of government is called |
politics |
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in califronia we have |
both direct and indirect democracies |
|
according to scholars politics is |
-who get what, when, and how - the authoritative allocation of values |
|
harold lasswell defined politics as who gets what, when, and how. this definition implies that |
-people are in conflict over values -society needs to have a set of procedures to resolve the questions of who gets what |
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government is |
an institution that makes rules |
|
it becomes necessary to establish a government when |
society reaches a certain level of complexity |
|
the american and french revolution shared a goal of |
government with the consent of the people |
|
a republic is a |
indirect deomcracy |
|
an indirect deomcracy |
a republic |
|
in the pluralist view, politics is |
the struggle among groups to gain benefits for their members |
|
active government control of the major economic sector is called |
socialism |
|
advocacy of positive government action to improve the welfare of individuals is called |
liberalism |
|
liberalism |
advocacy of positive government action to improve the welfare of individuals is called |
|
advocacy of a liited role for the national government in helping individuals is called |
conservatism |
|
placing high value on total equality and security is a characteristic of |
marxism leninism |
|
divided government is |
when the executive is f one party and the congress is of other |
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why do we need a government |
to provide social service law and order to defend the nation to ensure justice |
|
social service examples |
health care, transportaion, environmental protection |
|
the people rule |
democracy |
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the people directly vote on issues |
direct democracy |
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representatives for the votes of the people |
indirect democracy |
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what are the four advantages of a democracy |
-peaceful transfer of power -freedom of speec, press and expression -checks and balances (judicial review, veto, impeach) -effective relationships between gov and the people |
|
main points of the declaration of independence |
jefferson 1776 - human rights declaration (basic rights:life, lib, and pursuit of happiness) - revoulitionary declaration (telling people they have the right to change gov) - independence gov (13 colonies free) |
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revolutionary declaration tells people |
they have the right to change the government |
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purpose of checks and balances |
so that no branch of government has too much power |
|
judicial check |
judicial review |
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executive check |
veto |
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legislative check |
impeach |
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ancient democracy |
-not all could vote -direct democracy
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contemporary democracy |
-indirect democracy -for large nations -universal sufferage |
|
ancient or comtemporary deomcracy has universal sufferage |
contemporary |
|
10 human rights |
-freedom of speech -civil rights -right to equality -right ot life, liberyt, and property -right to marriage and family -right to peaceful assemby -righ to rest and leisure -right to work -right to education - right to adeuate living standard |