Midterm 1 Flashcards
Homeland Security
Government response after 9/11 created by Bush Administration
Size of Government
Enormous institution effecting every aspect of an American’s daily life
Political Efficacy
Belief citizens can affect government
Citizenship
Informed, political
Government
Formal institutions and procedures through which a land and its people are ruled
Constitutional Government
Limits placed on government
Politics
Conflicts and struggles over leadership, struggles, and policies of governments
Direct Democracy
People vote directly
Representative Democracy
Representatives vote for the people
American Values
Not always upheld by the government (like Slavery)
Liberty
Complete freedom from governmental control (based on limited government)
Bill of Rights
First 10 Amendments of Constitution demanded by Antifederalists who were weary of new Constitution; there was a price for ratification
“One person, one vote”
Political equality
Declaration of Independence
1776: remarkable, philosophical document for its time as it asserted people have “unalienable rights” that could not be abridged by government
Shay’s rebellion
1787: Goal to help poor farmers in Western Massachusetts; prevent court from repossessing debt-ridden lands; showed how weak the gov’t was under AofC so this served as a focal point for the Constitutional Convention
The Great Comprimise
Settled debate about representation during the constitutional convention in 1787 (Big vs small states) and resulted in a bicameral legislative branch, giving small states representation in the Senate and big states representation based on population in the House of Representatives
Bicameralism
Two Chambers or Houses
Checks and Balances
Mechanisms through which each branch of gov’t influences other branches activities so that no branch becomes too powerful (Pres veto Congress)
Separation of Powers
Division of gov’tl power among several institutions that must cooperate in decision-making; Framers employed this (& Federalism) to Constitution
Senatorial Reelection
Every 2 years, 1/3 of Senate members’ terms expire & get replaced. Staggered terms protect Senate from popular pressure
Three Branches of Government
Legislative, Executive, Judicial
Supremacy Clause
Constitution and Federal laws are superior to state laws; Article VI Congress “Law of the Land”
Federalists/Antifederalists
Federalists: Support Constitution, strong nat’l gov’t, and fear tyranny from popular majority
Antifederalists: Oppose Constitution; state gov’t, alternatives to Constitution
Federalism
National gov’t shares power with lower levels of gov’t by a constitution
10th Amendment
“Reserved powers” Serves to limit central gov’t by reserving powers for states
Concurrent Powers
Powers shared by federal government to regulate trade & currency (like taxes)
Full Faith & Credit Clause
Requires states to honor the public acts, records, and judicial decisions that take place in another state (like gay marriage)
American Federalism
Contributed to political stability & longevity of government by allowing many policy decisions to be made by states!
Great Depression
Most influential in the rise of a more active government through federal relief and work programs
Supreme Court’s Interpretation of Federalism
Power to the states [through process of devolution] & limitation of federal power
Cooperative Federalism
Replacing Dual federalism with national & state & cooperation
Regulated Federalism
With increased funding, federal government demanded higher standards & stricter uses for funds
Devolution
Transferring responsibility from federal government to state and local government; Led to new Federalism; Popular in 1970s
“Incorporation” of Bill of Rights to the States
Protections in Bill of Rights applied to states using 14th Amendment
Fourteenth Amendment
Constitutional basis for nationalizing Bill of Rights; forced states to abide by Bill of Rights
The Establishment Clause
1st Amendment “wall of separation“ between church and state
Strict Scrutiny
Places a heavy burden of proof on the government if it seeks to regulate or restrict speech to show that the law in question is constitutional
Political Speech
The most consistently protected form of speech; Protected unless it leads to immediate harm
Clear and Present Danger test
Test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger’ to society
17 Expressed powers including these 4
lay and collect taxes
borrow money
regulate commerce
declare & conduct a war
5 groups that conflicted over issues of taxation, trade, commerce
New England merchants Southern planters Royalists Shopkeepers, artisans, laborers Small farmers
Substantive liberties
Limits on WHAT gov’t has the power to do
Procedural liberites
Limits in HOW gov’t is supposed to act
Civil liberties
Areas at personal freedom that gov’ts are constrained from interfering
Affirmative action
Gov’t policies or programs that seek to address past discrimination by providing them access to educational & employment opportunities
Speech with limited protection
Libel & Slander Obscenity & pornography Fighting words Commercial speech Public school children
De jure
Legally enforced practices “by law”
De facto
Practices that occur even when there is no legal enforcement “by fact”
Speech plus
Speech accompanied by conduct sit-ins, picketing, demonstrations
Exclusionary rule
Ability of courts to exclude evidence obtained in violation of 14th amendment
Ex post facto law
Laws that declare an action to be illegal after it has been committed
Due process of law
The right of every citizen against arbitrary action by national or state gov’ts
Necessary & proper clause
Implied powers
