First Test Flashcards
Activities associated with government of the parties within a government
Politics
The government can only govern with the consent of the governed. If the government is violating the people’s natural rights then people have the right to overthrow the government
Relationship between the government and the governed
What is a social contract according to Locke
The people must do as the government say, the government does not take away natural rights, government can only govern with consent.
Set of attitudes and practices held by a people that shapes their political behavior
Political culture
System of government in which power is vested in the people
Democracy
Where people vote directly in laws instead of going through representative
Direct Democracy
Where population chooses a representative to vote on laws
Indirect Democracy
Legislators are elected in multimember districts, the number of seats that a party wins in an election is proportional to the amount of its support among voters
Proportional Representative electoral system
One person gets selected by a party to run for office
Single member district
The person who runs the country
Head of government
Chief public representative of a country
Head of state
Article 1
Legislative branch, it’s powers, members, and workings
Article 2
Executive Branch, it’s powers, duties, and means of removal.
Article 3
Judicial Branch and defines treason
Article 4
Regulates the states powers, and their interaction with the national government
Article 5
Amendment process
Article 6
Statues of the constitution as the supreme law of the land to which leaders must be loyal
Article 7
Addresses ratification and declares that the constitution should take affect if 9 out of 13 states ratify
To ensure that the law is followed and that the individual rights of citizens are protected
Government
Saved the constitutional convention and probably the union. Authored by Roger Sherman, it called for proportional representation in the House, and one representative per state in the senate.
The Great Compromise
How to count slaves people whenever it came to deciding how many representatives a state receives
The 3/5 Compromise
Due to the separation of powers, no branch of government is necessarily all powerful or more powerful than the other
Constitution reinforces the idea of a limited government
The idea that no single branch of government can single handedly implement things
Separation of powers
Executive branch can veto bills from legislative branch but the legislative branch can override the veto
Checks and balances
This claims that congress had the ability to imply laws
Necessary and Proper (Elastic) Clause
States within the U.S. Have to respect the “public acts, records, and judicial proceedings of every other state
Full faith and credit clause
Prevents a state from treating citizens of other states in a discriminatory manner
Privileges and Immunity Clause
Constitution is supreme law of the land
Supremacy Clause
What is the process used to amend the constitution?
Amendment may be proposed either by congress with 2/3 vote in house and senate or by a constitutional convention
Freedom of Religion, Press, Speech, Assembly, and Petition
1st Amendment
Right to bear arms
2
Right to not have to quarter soldiers
3
Right to be free from unreasonable searches and seizures
4
Right to grand jury indictment, no double jeopardy, freedom from self incrimination, due process of law
5
Right to be informed of charges , to have defense witnesses, and to have a lawyer.
6
Right to a jury trial in civil cases
7
Freedom from excessive bail and cruel and unusual punishment
8
Guarantee of rights not listed in the constitution
9
Rights of states and people
10
Slavery is outlawed
13
Granted citizenship to “all persons born or naturalized in the U.S.,” which included former slaves recently freed
14
Citizens have the right to vote no matter race
15
Women have the right to vote
19
Abolition of poll taxes/voting restrictions
24
18 year olds are given the right to vote
26
Individual rights protected by law from unjust governmental or other interference
Civil liberties
Limitation placed upon the U.S. Congress preventing it from passing legislation respecting an establishment of religion
Establishment Clause
Congress shall make no law prohibiting the free exercise (of religion)
Free Exercise Clause
Have secular legislative purpose, have primary effect that neither advances nor inhibits religion and not foster an excessive government “entanglement” with religion
Lemon test
Lemon vs Kurtzman
Right to an attorney and not testify against oneself
Criminal rights
Protection against illegal confinement such as holding a person without changes
Habeas Corpus
Due process clause
5th amendment
Evidence collected or analyzed in violation of the defendants constitutional right is sometimes inadmissible for a criminal prosecution in a court of law (Weeks vs US)
Exclusionary Rule
Arrived at by using 4th and 9th amendment, it applied to birth control, abortion, and homosexuality. (Griswold vs Connecticut)
Right to privacy
Rights of citizens to politic and social freedom and equality
Civil rights
Right to vote
Suffrage
Detained criminal suspects, prior to police questioning, must be informed of their constitutional rights to an attorney and against self incrimination
Miranda vs Arizona
Ruled that a states can in the use of contraceptives violated the right to marital privacy
Griswold vs Connecticut
Protected a women’s right to an abortions and asking about abortion violated privacy
Roe vs wade
Ruled that Americans of African descent, whether free or slave, we’re not American citizens and could not sue in federal court
Dred Scott vs Sanford
Upheld the constitutionality of “separate, but equal facilities” based on race
Plessy vs ferguson
Ruled that segregation in public schools is prohibited by the constitution
Brown vs Board of education
Ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation public schools
Engel vs Vitale
Defines the term spouse as a “person of the opposite sex who is a husband or wife”
U.S. Vs Windsor
A system of shared powers, divided between a central government and the states
Federal system
Central government had all power shares none with localities or states
Unitary
Loose organization of states, power is distributed among states, little given to central government
Confederation
Main source of federal aid to state and local government, used only for specific purposes; helping education or categories of state and local spending
Categorical Grants
From a central government that a local authority can allocate to a wide range of services
Block grants
Case that ruled that congress has imidd powers; the “Necessary and Proper” clause gave congress the power to establish a national bank.
McCollough vs Maryland Case
