final part 2 Flashcards
just do it
Marbury v. Madison
the 1803 Supreme Court case that established the power of judicial review, which allows the Court to strike down laws passed by the other branches that it views to be in conflict with the Constitution
Gibbons v. Ogden
Congress may regulate interstate commerce
McCulloch v. Maryland
the 1819 case that established that the necessary and proper clause justifies broad understandings of enumerated powers
US v. Lopez
case in which the US Supreme Court ruled the national Gun-Free School Zones Act unconstitutional and affirmed that state governments have the right to establish gun-free school zones
full faith and credit clause
the constitutional clause that requires states to comply with and uphold the public acts, records, and judicial decisions of other states
equal protection clause
the Fourteenth Amendment clause stating that no state shall “deny to any person within its jurisdiction to the equal protection of the laws”
due process
the legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments
privileges and immunities clause
the Constitution’s requirement that a state extend to other states’ citizens the privileges and immunities it provides for its citizens
dual federalism
the initial model of national and state relations in which the national government takes care of its enumerated powers while the state governments independently take care of their reserved powers.
cooperative federalism
intergovernmental relations in which the national government supports state governments’ efforts to address the domestic matters reserved to them
conflicted federalism
Intergovernmental relations in which elements of dual federalism, cooperative federalism, and centralized federalism are evident in the domestic policies implemented by state and local governments.
process for amending the constitution
- congress can propose an amendment by a 2/3 vote in each house or national convention can propose an amendment by 2/3 of the states
- state legislatures can ratify an amendment by a vote of 3/4 of the states or state conventions can ratify an amendment by a vote of 3/4 of the states
criminal law
the body of law dealing with conduct so harmful to society as a whole that it is prohibited by statute, and is prosecuted and punished by the government
civil law
the body of law dealing with disputes between individuals, between an individual and corporations, between corporations, and between individuals and their governments over harms caused by a party’s actions or inactions
tort
situation when a person’s body or property is harmed by another person’s negligence or other wrongful act, other than the violation of a contract.
reapportionment
reallocation of seats in the House of Representatives to each state based on changes in state populations since the last census.
redistricting
the redrawing of congressional district boundaries within each state, based on the reapportionment from the census
gerrymandering
the drawing of legislative district boundaries to benefit an incumbent, a political party, or another group.
fairness doctrine
the requirement that stations holding broadcast licenses present controversial issues of public importance and do so in a manner that was honest, fair, and balanced; done away with during Reagan administration
how many amendments are there?
27
amendment 1
Freedom of Religion, Speech, Press, Assembly, and Petition
amendment 2
Right to bear arms; have guns
amendment 3
No quartering for soldiers- not in peace time
amendment 4
Protection of property. Must have warrant searches or seizures
amendment 5
Self Incrimination; don’t have to give yourself up, get a attorney, don’t have to take stand against yourself
amendment 6
Right to a lawyer, fair, and speedy trial
amendment 7
Right to a jury trial during a civil court case
amendment 8
No cruel and unusual punishment
-cannot be excessive (cutting off your hand)
amendment 9
Rights not listed in the constitution do exist and you have a right to them
amendment 10
Any rights not in the constitution are up to the state
amendment 14
Citizenship for African Americans, due process, equal protection
amendment 25
(who becomes pres. after the pres. dies) Vice president- speaker of house of representatives
republic
a government that derives its authority from the people and in which citizens elect government officials to represent them in the processes by which laws are made; a representative democracy
democracy
government in which supreme power of governance lies in the hands of its citizens.
devolution
the process whereby the national government returns policy responsibilities to state or local governments.
oligarchy
government in which an elite few hold power.
totalitarianism
system of government in which the government essentially controls every aspect of people’s lives
monarchy
government in which a member of a royal family, usually a king or queen, has absolute authority over a territory and its government.
authoritarianism
system of government in which the government holds strong powers but is checked by some forces.
socialism
an ideology that advocates economic equality, theoretically achieved by having the government or workers own the means of production (businesses and industry).
libertarianism
an ideology whose advocates believe that government should take a “hands off” approach in most matters
conservatism
an ideology that emphasizes preserving tradition and rely on community and family as mechanisms of continuity in society.
liberalism
an ideology that advocates change in the social, political, and economic realms to better protect the well-being of individuals and to produce equality within society.
enumerated powers
the powers of the national government that are listed in the Constitution
reserved powers
the matters referred to in the Tenth Amendment over which states retain sovereignty
centralized federalism
intergovernmental relations in which the national government imposes its policy preferences on state and local governments
Miranda rights
a criminal procedural rule, established in the 1966 case Miranda v. Arizona, requiring police to inform criminal suspects, on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation
necessary and proper clause (elastic clause)
a clause in Article 1, Section 8, of the Constitution that gives Congress the power to do whatever it deems necessary and constitutional to meet its enumerated obligations; the basis for the implied powers.
Article 1
Establishes the Legislative Branch with a Senate and House of Representatives.
Article 2
Establishes the Executive Branch which the President is a member.
Article 3
Establishes the Judicial Branch which created the federal court system, including the Supreme Court.
populism
a philosophy supporting the rights and empowerment of the masses as opposed to elites.
