Midterm Flashcards

1
Q

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

A

public policies

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2
Q

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

A

constitution

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3
Q

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

A

democracy

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4
Q

four characteristics of a state

A

population, territory, government, sovereignty

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5
Q

four theories that attempt to explain the origin of a state

A

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

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6
Q

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

A

autocracy

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7
Q

the powers of the government is divided on basis of geography

A

division of powers

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8
Q

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

A

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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9
Q

how is power distributed in a federal government

A

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

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10
Q

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

A

brown v. board of education

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11
Q

in what two ways does democracy require equality of all persons

A

equality of opportunity and equality before the law

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12
Q

magna carta

A

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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13
Q

due process

A

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

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14
Q

identify three concepts of government that influenced the american colonies

A

limited government, ordered government, and representative government

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15
Q

a government that exists only with the consent of the people

A

popular sovereignty

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16
Q

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.

A

Articles of confederation

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17
Q

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

A

1st amendment

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18
Q

search, seizures, and proper warrants

A

4th amendment

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19
Q

due process at the federal level

A

5th amendment

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20
Q

bail; cruel and unusual punishment

A

8th amendment

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21
Q

abolishment of slavery and involuntary servitude

A

13th amendment

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22
Q

rights of citizens (due process at the state level)

A

14th amendment

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23
Q

right to vote- race, color, servitude

A

15th amendment

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24
Q

equal suffrage- gender

A

19th amendment

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25
Q

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

A

delegated powers

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26
Q

those powers delegated to the national government in so many words

A

expressed powers

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27
Q

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

A

implied powers

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28
Q

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)

A

inherent powers

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29
Q

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

A

reserved powers

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30
Q

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

A

exclusive powers

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31
Q

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

A

concurrent powers

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32
Q

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

A

supremacy clause

33
Q

act that allows the government to create a new state

A

act of admission

34
Q

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

A

full faith and credit clause

35
Q

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

A

privileges and immunities clause

36
Q

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

A

civil liberties

37
Q

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

A

process of incorporation

38
Q

Prohibits the establishment of a specific religion

A

establishment clause

39
Q

Prohibits any arbitrary interference by government with the free exercise thereof

A

free exercise clause

40
Q

what does the lemon test evaluate?

A

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)

41
Q

The false or malicious use of printed words

A

libel

42
Q

the false or malicious use of spoken words

A

slander

43
Q

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

A

shield laws

44
Q

Expression by conduct (peace sign)

A

symbolic speech

45
Q

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

A

civil disobedience

46
Q

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

A

content neutral

47
Q

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

A

procedural due process

48
Q

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

A

substantive due process

49
Q

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

A

police powers

50
Q

what is roe v. wade

A

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

51
Q

forced labor

A

involuntary servitude

52
Q

prejudiced or unfairness (ex. separate but equal)

A

discrimination

53
Q

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

A

writs of assistance

54
Q

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)

A

exclusionary rule

55
Q

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

A

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

56
Q

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

A

writ of habeas corpus

57
Q

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

A

ex post facto law

58
Q

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

A

indictment

59
Q

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

A

double jeopardy

60
Q

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

A

miranda rule

61
Q

what was the result of gideon v. wainwright

A

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

62
Q

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

A

preventive detention

63
Q

What penalties has the court ruled cruel and unusual

A

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

64
Q

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

A

assimilation

65
Q

Used to decide equal protection cases

A

rational basis test

66
Q

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

A

segregation

67
Q

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

A

jim crow

68
Q

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

A

separate but equal doctrine

69
Q

segregation authorized by law

A

de jure segregation

70
Q

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

A

de facto segregation

71
Q

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

A

segregation in public schools was ruled unconstitutional

72
Q

discrimination against the majority group

A

reverse discrimination

73
Q

what does title IX provide?

A

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

74
Q

jus soli

A

law of the soil (citizenship by birth)

75
Q

jus sanguinis

A

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

76
Q

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

A

naturalization

77
Q

the legal process by which a loss of citizenship occurs

A

expatriation

78
Q

for what reasons can a person be deported?

A

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