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Civics > Exam 3 Part 1 > Flashcards

Exam 3 Part 1 Flashcards

1
Q

1st amendment

A

Revolves around freedom from government abuse.

  1. Freedom of speech
  2. Freedom of the press
  3. Freedom of Assembly
  4. Right to petition government
  5. Freedom of Worship
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2
Q

Freedom of Speech

A

Protected under law to critique government.

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3
Q

Freedom of Worship

A

Free Exercise Clause: Free to worship or not

Establishment Clause: government cannot establish a national religion.

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4
Q

Freedom of Press

A

Right to know what is going on or to police government

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5
Q

Freedom of Assembly

A

Right to gather peacefully: protest, religious service, soccer groups.

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6
Q

Right to Petition Government

A

Calling/email government

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7
Q

2nd Amendment

A

Rights for a regulated militia and individual people to form militias and to own guns.

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8
Q

4th Amendment

A

Unreasonable search and seizure. Government needs a justifiable and specific reason and warrant to search your property.

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9
Q

5th Amendment

A

Criminal Protections

  1. Grand Jury
  2. Double Jeopardy
  3. Self-Incrimination
  4. Due process of Law (national only)
  5. Takings Clause
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10
Q

Right to Grand Jury

A

For capital and infamous trials; must be tried by jury.

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11
Q

Double Jeopardy

A

Found innocent; cannot be tried again later

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12
Q

Self-Incrimination

A

Do not have to testify against self; defendant does not have to testify.

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13
Q

Due Process (national)

A

Cannot be sentenced without being processed

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14
Q

Takings Clause

A

Government cannot take private property unless paid for it at current market value and it will be for the public.

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15
Q

6th Amendment

A
  1. Fair and Speedy Trial
  2. Right to a Jury
  3. Right to know what you are accused of.
  4. Right to face accuser
  5. Right to defense
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16
Q

Fair and Speedy Trial

A

Trial is soon after arresting; thrown out if witness or accuser dies.

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17
Q

Right to a Jury

A

Tried by peers, fellow citizens

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18
Q

Right to know what you are accused of

A

Habeas Corpus (if there’s a body, show me the body). Ppl being detained have the right to know what they are accused of.

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19
Q

Right to face accuser

A

Can face accuser in court; know who is accusing you.

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20
Q

Right to Defense

A

Right to try to prove you are innocent.

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21
Q

8th Amendment

A

Criminal Protection. Protection from cruel and unusual punishment.

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22
Q

9th Amendment

A

Check on government. Something not stated in Constitution, it goes back to the people.

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23
Q

10th Amendment

A

Check on government. Something is not stated in the Constitution, it goes back to the states.

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24
Q

12th Amendment

A

Separate ballot for president and vice president. [same??]

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25
Q

13th Amendment

A

Abolished slavery and indentured servitude

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26
Q

14th Amendment

A
  1. Citizenship by birth.

2. Due Process (states)

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27
Q

Due Process (states)

A

Cannot be sentenced without being processed.

Equal Protection Clause: Protect equally from abuses. i.e. witness protection program.

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28
Q

15th Amendment

A

Prohibition from denying a citizen the right to vote based on race, color, and previous servitude.

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29
Q

16th Amendment

A

Income Tax

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30
Q

17th Amendment

A

Direct election of senators

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31
Q

18th Amendment

A

Prohibition

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32
Q

19th Amendment

A

Right for women to vote.

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33
Q

20th Amendment

A

Presidential term limit – Jan 20; Congress meet in January.

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34
Q

21st Amendment

A

Repeal of Prohibition

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35
Q

22nd Amendment

A

Presidential term limit; can only serve 10 years.

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36
Q

25th Amendment

A

Presidential Succession Fix. President -> vice president -> speaker of the house -> president proptem of senate => secretary of state -> cabinets -> department of homeland security

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37
Q

26th Amendment

A

18-Year-Olds can vote

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38
Q

27th Amendment

A

Congress cannot give self a raise w/o facing the voter

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39
Q

Privileges and Immunities Clause

A

Article 4 (states): Must treat citizens and non-citizens equally

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40
Q

Four major principals of US government rooted in the Constitution

A

Republicanism, separation of powers, checks and balances, federalism

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41
Q

Number of articles and amendments in the constitution

A

27 amendments; 7 articles + preamble

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42
Q

Full Faith and Credit Clause

A

Article 4 (states): must honor each other’s laws

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43
Q

Equal Protection Clause

A

14th Amendment; requires the states to treat citizens equally under the law. Basis for the incorporation doctrine.

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44
Q

Enumerated Powers

A

Powers specifically granted to the government. Enumerated powers of Congress found in the first 17 clauses of Article I.

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45
Q

Preamble

A

Articles of Confederation okay; needed to do more. General welfare -> ppl help from government; whole/individual.

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46
Q

1st Article

A

Legislative branch. House of Reps (upper), Senate (lower). Rep for territories. Necessary and Proper Clause; Commerce Clause.

47
Q

Necessary and Proper Clause

A

Gives Congress authority to do what is necessary and proper to run a country.

48
Q

2nd Article

A

Executive branch. Cabinet structure. Natural-born US citizen; 35 age, live in US 14 years. Vesting and Take Care clause.

49
Q

Vesting Clause

A

The authority for the president to enforce laws

50
Q

Take Care Clause

A

Responsibility to enforce laws of Congress exactly how it states, and actually enforce it.

51
Q

3rd Article

A

Judicial Branch; court justices; presidential make appointees, senate confirm

52
Q

4th Article

A

States. Full Faith and Credit Clause. Privileges and Immunities Clause. Republican form of government.

53
Q

5th Article

A

Two-Stage process for amending constitution

54
Q

6th Article

A

Federal Powers; Supremacy clause

55
Q

7th Article

A

Ratification for adopting the constitution

56
Q

Supremacy Clause

A

State vs. national government; federal government wins out. in the 6th Article

57
Q

Implied Powers

A

General powers suggested by the Constitution rather than specifically enumerated within it.

58
Q

Overall Articles

A 
Legislative
Executive
Judicial
State
Amendment
Supremacy
Ratification
59
Q

Ex Post Facto Law

A

Government can’t pass a law then charge you if you committed the now a crime before they government passed the law.

60
Q

Federalism

A

Division of power between the national and state governments.

61
Q

Cooperative Federalism

A

Encouragement of cooperation through resource provision; result of New Deal era.

62
Q

Due Process (principal)

A

Principle that government must protect the legal rights of citizens. Grounded in the Bill of Rights.

63
Q

Categorical Grant

A

Federal funding given to state and local governments for narrow purposes specified by the federal government

64
Q

Coercive Federalism

A

States are dependent on federal government.

65
Q

Dual Federalism

A

National and state governments working independently of each other.

66
Q

Devolution

A

Delegation of power by the federal government to state and local governments.

67
Q

Confederal System

A

Most power is at the states and local levels.

68
Q

Unitary System

A

Power to govern resides at the top.

69
Q

Federalist System

A

Power is split between state/local government and national government.

70
Q

Compact Theory

A

States are sovereign political units that joined together in the new national government, but do NOT give up their status as sovereign, independent governments.

71
Q

Bills of Attainder

A

Legislation declaring persons guilty of some crime and punishing them without trial

72
Q

Brandenburg v. Ohio

A

Supreme Court decision requiring imminent lawless action before speech can be banned.

73
Q

Unfunded Mandate

A

Federal standards/programs that require states to take particular actions but do not provide state governments with the funding to meet the requirements

74
Q

What is the Miller Test

A

Supreme Court test for determining whether material is obscene.

75
Q

Components of Miller Test

A
  1. Appeals to Sexual Interest
  2. Depicts sexual conduct in an offensive way.
  3. Lacks serious literary, artistic, political, or scientific value
76
Q

Mapp v. Ohio

A

Evidence found in violation of the 4th amendment cannot be used at trial

77
Q

Civil Liberties

A

Found in Bill of Rights and protect the people from the power of the government. Negative Rights.

78
Q

Civil Rights

A

The protection of citizens from discrimination by the government or private entities. Derived from the Due Process and Equal Protection Clause of the 14th Amendment. Positive Rights.

79
Q

Strict Scrutiny

A

Toughest standard of review, used when laws discriminate on account of race, ethnicity, religion, or alien status

80
Q

Miscegenation Laws

A

Banned the marriage of and sometimes sexual relations between people of different races.

81
Q

Equal Outcome

A

Leveling the playing field to give the disadvantaged a greater chance of success.

82
Q

Lawrence v. Texas (1998)

A

Sodomy laws on the books; struck down sodomy laws

83
Q

ERA

A

“Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex.”

84
Q

Loving v. Virginia

A
  1. Ruled that banning marriages of people of different races was a violation of the 14th amendment.
85
Q

Barron v. Baltimore

A
  1. Baltimore built a bigger wharf, but ruined Barron’s dock. He sued, but amendment did not extend the Just Takings
86
Q

Symbolic Speech

A

Non-verbal communication that purposefully and discernibly conveys a message to those viewing it

87
Q

Incorporation

A

Process where Supreme Court applies the civil liberty provisions of the Bill of Rights to the state and local levels.

88
Q

“Separate but equal”

A

Result of Plessy v. Ferguson (1896). Protected racially discriminatory policies well into the 20th century

89
Q

Equality of Opportunity

A

Providing each individual the same chance to succeed.

90
Q

Block Grant

A

Federal funding given to states to spend on general programs and services, with very few restrictions.

91
Q

Jim Crow Laws

A

State and local laws in place between 1877 and the mid-1960s that mandated segregation in all public places.

92
Q

Discrimination

A

Favoring one person over another, usually on irrelevant grounds such as race or gender

93
Q

EEOC

A

Equal Employment Opportunity Commission: an independent federal agency charged with protecting equal employment rights

94
Q

Americans with Disabilities Act

A

(1990) requires public and private employers to make “reasonable accommodations” to known physical and mental limitations of employees with disabilities and, if possible, to modify performance standards to accommodate an employee’s disability.

95
Q

Miranda Rights

A
  1. Right to remain silent
  2. Must be informed that anything they say can be used against them
  3. Have a right to an attorney if they cannot afford one
96
Q

Miranda v. Arizona

A

(1963). Court ruled that persons held in custody must be advised of their rights before being questioned. Established Miranda Rights.

97
Q

Prior Restraint

A

Government restrictions on freedom of the press that prevents material from being published

98
Q

Lemon Test

A

A law must…

  1. Have a secular legislative purpose
  2. Not have the primary effect of either advancing or inhibiting religion.
  3. Not result in an “excessive government entanglement with religion.”
99
Q

Affirmative Action

A

policies that promote equality of outcome by providing expanded educational and employment opportunities for members of a previously disadvantaged group.

100
Q

Brown v. Board of Education of Topeka, Kansas

A

Supreme Court ruled that, in education, “separate is inherently unequal.”

101
Q

Plessy v. Ferguson

A

This case yielded the “separate but equal” doctrine that protected racially discriminatory policies well into the 20th century.

102
Q

Slander

A

False and/or damaging verbal statements.

103
Q

Libel

A

Publishing false and damaging statements

104
Q

Dred Scott v. Sanford

A

Supreme Court found that slaves were not citizens. Declared the Missouri Compromise to be an unconstitutional exertion of congressional power.

105
Q

Votings Rights Act of 1965

A

Banned literacy, interpretation, and other such tests for voting.

106
Q

Civil Rights Act of 1964

A

Created the EEOC, prevented hiring and firing by businesses on account of race, religion, sex, and national origin.

107
Q

Stonewall Riots

A

Start of LGBTQ rights.

108
Q

Compelling Interest

A

Method for determining the constitutionality of statute that restricts the practice of a fundamental right/distinguishes between people due to a suspect classification.

109
Q

Nullification

A

When a state feels that a federal law violates the U.S. Constitution, they can invalidate it.

110
Q

Initiative

A

A bill/law that starts with the people

111
Q

Referendum

A

Government asks the people to vote on a bill.

112
Q

Reserved Powers

A

Powers that are “reserved” for the states. Article 4.

113
Q

Charter

A

Permission to form government by higher government. Nation -> states -> counties, etc.

114
Q

Recall

A

people sign a petition to kick out elected official.

Civics (6 decks)

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