Civics Literacy Test Flashcards
McCulloch v. Maryland (1819)
- the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution’s supremacy clause
- The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Hazelwood v. Kuhlmeier (1988)
The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications.
Bush v. Gore (2000)
The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation
president
- head of the executive branch
- powers: enforces laws, signs/vetos bills, negotiates treaties, nominates Supreme Court justices
Dred Scott v. Sandford (1857)
1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, did not free slaves
Brown v. Board of Education (1954)`
- Supreme Court overruled Plessy v. Ferguson
- declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated
popular sovereignty
- a belief that ultimate power resides in the people
- the people rule
American Revolution
- war between Great Britain and its American colonies
- how the colonies won their independence
selective service act
law requiring men to register for military service
civil rights movement
movement in the United States beginning in the 1960s to establish civil rights
mayor
head of a city’s government elected by the people who are citizens of that city
Judicial Review (Marbury v. Madison0
Supreme Court decides if laws passed by Congress or President are constitutional
supremacy clause
- in article 4 of the Constitution
- makes the Constitution the supreme law of the land
- states cannot pass laws that conflict with federal law
social contract theory
belief that people are free and equal by natural right, but will give up some freedom to give power to the government so that the government can protect their rights
Anti-Federalist papers
a series of essays written to counter and defeat the proposed U.S. Constitution; argued against a strong central government and pushed for more protection of the people’s rights
consent of the governed
idea that our government derives its power from the people because we elect representatives to the legislative branch of government
Common Sense
- written by Thomas Paine
- pamphlet that advocated for the colonies declaring independence from Britain
- supported the need for a democratic government where the people had representation
equal protection clause
- clause in the 14th amendment
- forbids any state to deny any person equal protection under the laws
- the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex
due process of law
fair treatment through the normal judicial system
rule of law
- no one is above the law
- everyone must follow the law regardless of their position of power
- established by the Magna Carta of 1215
US Constitution
- “supreme law of the land”
- was written at a constitutional convention in Philadelphia in 1787
declaration of independence
- written by Thomas Jefferson and adopted on July 4, 1776
- established the 13 American colonies as independent states, free from rule by Great Britain
- the preamble (first section) lists our unalienable rights: life, liberty and the pursuit of happiness.
natural rights
- rights people have by the virtue of being human beings
- both the Declaration of Independence and Constitution address the government’s role in protecting those rights
Mayflower Compact
- the first agreement for self government in America in 1620
- signed by 41 men on Mayflower and set up a government for the Plymouth colony (pilgrims)
English bill of rights
- Document written by English Parliament in 1689
- designed to prevent abuse of power by English monarchs
- parts of the U.S. Bill of Rights have foundation in that document
Tinker v. Des Moines (1968)
- court decided that the First Amendment applied to public schools
- administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom
Gideon v. Wainwright (1963)
- state courts are required to provide counsel in criminal cases for defendants who are unable to afford their own attorneys
- comes from 6th amendment
democracy
type of government where power is derived form the people and the people elect representation
free exercise clause
- part of first amendment
- says you have freedom to practice any religion of your choice
senate
- the upper house of the United States Congress with 100 members-2 from each state
- senators serve 6 year terms and represent all of their state’s citizens
speaker of the house of representatives
the leader of the majority party who serves as the presiding officer of the House of Representatives
house of representatives
- the lower legislative house of Congress
- number of representatives from each state is based on population and each representative is elected by a district in their state
- members serve 2 year terms
president pro temper of the senate
Officer of the Senate selected by the majority party to act as chair in the absence of the Vice President (who is the President of the Senate)
preamble to the constitution
- opening section of the constitution
- brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve
popular sovereignty
idea that power lies with the people
Legislative Branch (Congress)
- the branch that makes the laws
- the branch the founders gave the most powers to because it is made up of many representatives elected directly by the people
judicial branch
- the branch of government that interprets the law
- made up the U.S. Supreme Court and lower federal courts
implied powers
powers Congress has that are not specifically stated in the Constitution
enumerated/expressed/delegated powers
powers Congress has that are specifically stated in the Constitution
elastic clause/necessary and proper clause
- clause in Article 1, Section 8 of the Constitution
- gives Congress the right to make all laws “necessary and proper” to carry out powers not expressly stated but necessary
- cited in the Supreme Court landmark case McCulloch v. Maryland (1819)
concurrent powers
- powers shared by the state and federal government
- “marble cake”
supremacy clause
- clause of the Constitution that says the Constitution is the highest law of the land
- Article 6, Clause 2
civic responsibility
the responsibilities of a citizen, examples include voting, serving on juries, holding public office
civic duty
A belief that one has an obligation to participate in civic and political affairs
Plessy v. Ferguson (1896)
Supreme Court case that ruled separate but equal public accommodations for the races was constitutional
21st Amendment
- repeals the 18th Amendment
- empowered Congress to regulate liquor industries
two party system
- electoral system with two dominant parties that compete in national elections
- US parties are democrat and republican
2nd Amendment
right to bear arms
1st Amendment
represents freedom of speech, religion, press, assembly, and petition
citizenship
- rights and responsibilities entitled to citizens belonging to a political state or country
- ex. citizens can run for office
15th Amendment
doesn’t allow you to deny a vote because of race color, or previous condition of servitude
14th Amendment
- gives rights of citizens
- all persons born in the US are granted citizenship
- no state can deny any person the equal protection of the laws
- no state can deny any person life, liberty, property without due process of law
13th Amendment
no person under the jurisdiction of the US can be a sale and congress can pass legislation implementing the abolition of slavery
12th Amendment
states electoral college has to vote for president and vice president separately
11th Amendment
prohibits the federal courts from hearing certain lawsuits against states
10th Amendment
reserves some powers to the states
9th Amendment
people’s rights aren’t limited to those in constitution
Boston tea party
- demonstration by citizens of Boston who raided three British ships in Boston harbor and dumped hundreds of chests of tea into the harbor
- organized as a protest against taxes on tea
intolerable acts/coercive acts
- series of acts passed by the government in response to the Boston Tea Party
- caused outrage, as colonists viewed acts as a violation of their rights
- led to creation of the First Continental Congress and revolutionary war
US Supreme Courts
9 justices nominated by President, confirmed by Senate; highest court in the nation; hears only appeals; interprets Constitutional law
presidential succession
- the order in which officials fill the office of president in case of a vacancy
- Vice President, 2. Speaker of the House of Representatives, 3. President of the Senate Pro Tempore, etc
impeachment
a formal document charging a public official with misconduct in office
veto power
presidential power to stop a bill from becoming a law by rejecting it
reserved powers
- powers reserved for the states
- ex. creating and maintaining an education system, creating local governments
governor
highest ranking member of a state’s executive branch
commander in-chief
role of the president as the supreme commander of the armed forces of the United States
chief justice
the judge who presides over the supreme court
In Re Gault (1967)
- allows requirements for state delinquency proceedings
- comes from 14th amendment, due process clause
- est. principle that young people have constitutional rights
Mapp v. Ohio (1961)
- evidence obtained without a warrant may no be used in criminal prosecution in state or federal court
- violates 4th amendment (search w/warrant)
Miranda v. Arizona (1961)
- requires that individual arrested for a crime must be advised of their right to remain silent and have a counsel present
- comes from 5th amendment
Engel v. Vitale (1962)
- separation between Church and State in schools
- prayer in public schools is unconstitutional, violates separation of church and state and freedom of religion (First Amendment)
executive branch
- headed by the President and carries out the laws
- also includes the Vice President and the Cabinet members
checks and balances
system of each branch of gov’t having a power to check the power of the other to make sure no one branch becomes too powerful
federalism
a system of government where a national government shares power with regional governments, such as states or provinces
3/5 compromise
- compromise made when writing the Constitution to sastify both free and slave states
- for every 5 slaves, 3 would count in a state’s population for both representation and tax purposes
great compromise
- introduced by Roger Sherman; set up a bicameral Congress
- upper house called Senate with each state getting 2 votes
- lower house called the House of Representatives with each state’s representation based on its population
-satisfied both the large and small states
articles of confederation
- adopted by the Second Continental Congress in 1781 during the Revolutionary War to create a national government
- new government was weak because states held most of the power, and Congress lacked the power to tax, regulate trade, or control the coining of money
- later replaced with the U.S. Constitution.
electoral college
- president is elected by a majority of electoral votes
- After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President
27th Amendment
Congress cannot increase its members’ salaries until the next election
26th Amendment
guarantees the right to vote to 18 year olds
25th Amendment
provided for succession to the office of president in the event of death or incapicity and for filling vacancies in the office of the vice president
24th Amendment
Granted voters in the District of Columbia the right to vote for president and vice president
22nd Amendment
limits president to two full terms in office
8th Amendment
prohibits cruel and unusual punishment for crimes
7th Amendment
provides the right to trial by jury in civil cases
6th Amendment
- right to a fair and speedy trial
- gives you the right to be notified of accusations, confront the accuser, and obtain a witness for or against you
5th Amendment
- lists the rules for indictment by grand jury, and eminent domain
- right to due process
- prohibits self incrimination and double jeopardy
4th Amendment
prohibits unreasonable search and seizure
3rd Amendment
prohibits forced quartering of soldiers
Constitutional Convention
- meeting of state delegates in 1787 to revise the Articles of Confederation
- ended up making the Constitution
20th Amendment
- changed Presidential inauguration of Jan 20th and Jan 3rd is date for new Congress opening
- if president dies before swearing in the VP becomes president
19th Amendment
states all women have the right to vote
18th Amendment
gives Congress right to prohibit the manufacture, sale, and transportation of alcohol
17th Amendment
gives right to elect US senators by popular vote
16th Amendment
gives Congress the right to levy an income tax
