Midterm Flashcards by Paige Slavinski

All of the things that the government decides to do. They cover taxation, defense, education, crime, healthcare, transportation, etc.

public policies

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The body of fundamental laws setting out the principles, structures, and processes of the government

constitution

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a form of government where the supreme authority rests with the people

democracy

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four characteristics of a state

population, territory, government, sovereignty

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four theories that attempt to explain the origin of a state

social contract theory, divine right theory, evolution theory, force theory

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A government in which a single person holds unlimited political power.

autocracy

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the powers of the government is divided on basis of geography

division of powers

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what are the three sets of characteristics that can be used to classify a government?

who can participate in the governing process, the geographic distribution of governmental powers, and the relationship between the executive and legislative branches

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how is power distributed in a federal government

it is divided between a national government and sever local (state) governments

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ruled that segregation in public schools was unconstitutional (plessy v. ferguson overruled)

brown v. board of education

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in what two ways does democracy require equality of all persons

equality of opportunity and equality before the law

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magna carta

Guarantees such fundamental rights as trial by jury and due process of law (the king is not above the law) (translates to great charter from latin)

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due process

protections against the arbitrary taking of life, liberty, and property

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identify three concepts of government that influenced the american colonies

limited government, ordered government, and representative government

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a government that exists only with the consent of the people

popular sovereignty

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It established a firm league of friendship between the states. Each state kept its sovereignty, freedom, and independence and every power judication and rights not expressly delegated to the US in congress assemble.

Articles of confederation

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freedom of religion, speech, press, assembly, and petition

1st amendment

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search, seizures, and proper warrants

4th amendment

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due process at the federal level

5th amendment

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bail; cruel and unusual punishment

8th amendment

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abolishment of slavery and involuntary servitude

13th amendment

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rights of citizens (due process at the state level)

14th amendment

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right to vote- race, color, servitude

15th amendment

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equal suffrage- gender

19th amendment

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national government has only those powers granted to them in the constitution

delegated powers

those powers delegated to the national government in so many words

expressed powers

not expressly stated in the constitution but they are reasonably suggested (ex. coining money)

implied powers

those powers that belong to the national government because it is the National government of a sovereign state in the world of community (ex. regulate immigration)

inherent powers

powers that the constitution does not grant to the national government and does not, at the same time, deny to the states

reserved powers

they can only be exercised by the national government, not by the state governments under any circumstance (ex. coining money)

exclusive powers

powers that both the national government and the state governments can exercise (ex. taxes)

concurrent powers

the constitution ranks above all other forms of law in the US

supremacy clause

act that allows the government to create a new state

act of admission

Addresses the duty that the states within the United States have to respect the public acts, records and judicial proceedings of every other state

full faith and credit clause

No state can draw unreasonable distinctions between its own residents and those people who happen to live in another state

privileges and immunities clause

Guarantees of the safety of persons, opinions, and and property from arbitrary acts of government

civil liberties

It has incorporated most of the guarantees in the bill of rights into the 14th amendments Due Process Clause

process of incorporation

Prohibits the establishment of a specific religion

establishment clause

Prohibits any arbitrary interference by government with the free exercise thereof

free exercise clause

what does the lemon test evaluate?

Decides whether a state law amounts to an establishment of religion (a. secular, not religious purpose b. no excessive entanglement of government and religion c. neither advance nor inhibit religion)

The false or malicious use of printed words

libel

the false or malicious use of spoken words

slander

These laws give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings in those states

shield laws

Expression by conduct (peace sign)

symbolic speech

The refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest

civil disobedience

Government may not regulate gatherings on the basis of what might be said there

content neutral

The procedures, the methods of governmental actions (the how)

procedural due process

The substance, the policies of governmental actions (the what)

substantive due process

The authority of each state to act to protect and promote the public health, safety, morals, and general welfare.

police powers

what is roe v. wade

Right to privacy to what extent can states limit a woman's right to an abortion

forced labor

involuntary servitude

prejudiced or unfairness (ex. separate but equal)

discrimination

Blanket search warrants with which British customs officials had invaded private homes to search for smuggled goods.

writs of assistance

Evidence gained as the result of an illegal act by police (cannot be used at the trial of the person from whom it was seized)

exclusionary rule

what was the outcome of the court case Mapp v. Ohio

The court said that the evidence was seized unlawfully, without a search warrant, and it could not be used in criminal prosecutions in state courts

Intended to prevent unjust arrests and imprisonments. It is a court order directed to an officer holding a prisoner.

writ of habeas corpus

A law applied to an act committed before the passage of that law (after the fact)

ex post facto law

A formal complaint that the prosecutor lays before a grand jury. It charges the accused with one or more crimes

indictment

Once a person has been tried for a crime, he or she cannot be tried again for the same crime.

double jeopardy

The requirement that police must read a suspect his or her rights before any questioning occurs

miranda rule

what was the result of gideon v. wainwright

An attorney must be furnished to a defendant who cannot afford one

A federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime before trial

preventive detention

What penalties has the court ruled cruel and unusual

barbaric torturers, burning at the stake, drawing and quartering, crucifixion, keeling

the process by which the people of one culture merge into and become part of another

assimilation

Used to decide equal protection cases

rational basis test

the separation of one group from another on the basis of race

segregation

laws aimed at African Americans or others that required segregation by race in the use of both public and private facilities

jim crow

It was not unconstitutional that African Americans were separated from the whites as long as they were equal (plessy v. ferguson)

separate but equal doctrine

segregation authorized by law

de jure segregation

segregation by custom. (it exists but there is no law that requires it)

de facto segregation

what was the result of the brown v. board of education court case?

segregation in public schools was ruled unconstitutional

discrimination against the majority group

reverse discrimination

what does title IX provide?

prohibits gender discrimination in any education program or activity receiving federal financial assistance

jus soli

law of the soil (citizenship by birth)

jus sanguinis

law of blood (citizenship by parents to whom one was born)

the legal process by which a person can become a citizen of another country at some time after birth

naturalization

the legal process by which a loss of citizenship occurs

expatriation

for what reasons can a person be deported?

illegal entry, conviction of a serious crime, and war on terrorism