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Sem 1 Flashcards

1
Q

political culture

A

the characteristics and deep-seated beliefs of a particular people

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2
Q

liberty

A

the principle that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the rights and freedoms of others

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3
Q

equality

A

the notion that all the individuals are equal in their moral worth, in their treatment under the law, and in the political voice

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4
Q

self-government

A

the principle that the people are the ultimate source and proper beneficiary of governing authority; in practice, a government based on majority rule

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5
Q

individualism

A

the idea that people should take the initiative, be self-sufficient, and accumulate material advantages necessary for their well-being

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6
Q

unity

A

the principle that Americans are one people and form an indivisible union

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7
Q

diversity

A

the principle that individual and group differences should be respected and a source of national strength

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8
Q

social contract

A

a voluntary agreement by individuals to form a government, which is then obliged to act within the confines of the government

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9
Q

Virginia (large-state) Plan

A

a constitutional proposal for a strong Congress with two chambers, both of which would be based on numerical representation, thus granting more power to the larger states

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10
Q

New Jersey (small-state) Plan

A

a constitutional proposal for a strengthened Congress but one in which each state would have a single vote, thus granting small states the same legislative power as larger ones

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11
Q

Great Compromise

A

constitutional convention; House will be population, Senate will be equal

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12
Q

North-South Compromise

A

the agreement over economic and slavery issues that enabled north and south states that threatened to defeat the effort to draft a new constitution

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13
Q

power

A

the ability of persons or institutions to control policy

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14
Q

public policy

A

a decision of government to pursue a course of action designed to produce an intended outcome

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15
Q

totalitarian government

A

a form of government in which the leaders claim to complete dominance of all individuals and institutions

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16
Q

authoritarian government

A

a form of government in which leaders, through they admit to no limits on their powers, are effectively limited by other centers of power in the society

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17
Q

authority

A

the recognized right of an individual to institution to evercise power

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18
Q

federalism

A

a government system authority is divided between two sovereign levels of government; national and regional

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19
Q

sovereignty

A

the ultimate authority to govern within a certain geographical area

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20
Q

confederacy

A

a government system in which sovereignty is vested entirely in subnational (state) governments

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21
Q

unitary system

A

a government system in which the national government alone has sovereign (ultimate) authority

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22
Q

enumerated (expressed) powers

A

the 17 powers granted to the national government under Article 1, Section 8 of the Constitution; these powers include taxation and regulation of commerce as well as the authority to provide for the national defense

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23
Q

supremacy clause

A

Article VI of the Constitution, which makes national law supreme over state law when national government is acting within constitutional limits

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24
Q

“necessary and proper” clause

A

the authority granted Congress in Article 1 Section 8 of the Constitution “to make all laws which shall be necessary and proper” for the implementation of its enumerated powers

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25
implied powers
the federal government's constitutional authority through the necessary and proper clause to take action that is not expressly authorized by the Constitution but that supports actions that are so authorized
26
reserved powers
the powers granted to the states under the Tenth Amendment to the Constitution
27
dual federalism
a doctrine based on the idea that a precise separation of national power and state power is both possible and desirable
28
cooperative federalism
the situation in which the national, state, and local levels work together to solve problems
29
jurisdiction
a given court's authority to hear cases of a particular kind, can be original appellate
30
original jurisdiction
the authority of a given court to be the first court to hear a case
31
appellate jurisdiction
the authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party; such a court is called an appeals court or appellate court
32
precedent
a judicial decision that serves as a rule for settling subsequent cases of a similar nature
33
writ of certiorari
a permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; when such a writ is requested of the supreme court, 4/9 judges must agree to accept the case before it is granted certiorari
34
brief
a written statement by a party in a court case that details the argument
35
decision
a vote of the supreme court in a case that indicated which party the justices
36
opinion
court's written explanation of its decision, which serves to inform others of the legal basis for the decision, Supreme Court decisions are expected to guide the decisions of other courts, which is why opinions are so important
37
solicitor general
high ranking Justice Department official who serves as the government's lawyer in supreme court cases
38
majority opinion
a court opinion that results when a majority of the justices are in agreement on the legal basis of the decision
39
plurality opinion
when a majority of justice's agree on a decision in a case but don't agree on the legal basis of the decision; legal position held by most justice's on the winning side is called a plurality opinion
40
concurring opinion
a separate opinion written by one or more supreme court justices who vote with majority in the decision on a case but disagree with the reasoning
41
dissenting opinion
the opinion of a justice in a supreme court case that explains his/her reasons for disagreeing with majority's decision
42
senatorial courtesy
the tradition that a US senate from the state in which a federal judicial vacancy has arisen should have a say in the president's nominee of the new judge if the senate is of the same party as the president
43
judicial review
the power of the supreme court to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void
44
legitimacy
the issue of the proper limits of judicial authority in a political system based in part on the principle of majority rule
45
judicial restraint
the doctrine that the judiciary should closely follow the wording of the law, be highly respectful of precedent, and defer to the judgement of the legislature The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities, while appointed judges determine and interpret Constitution
46
compliance
the issue of whether judicial decisions will be respected and obeyed
47
judicial activism
the doctrine that the court's should develop new legal principles when judges see a compelling need, even if this action places them in a conflict with the policy decisions of elected officials
48
civil liberties
the fundamental individual rights of a free society, such as freedom of speech and right to jury trial, which in the US are protected by the Bill of Rights
49
Bill of Rights
first 10 amendments, which set forth basic protections for individual rights to free expression, fair trial, and property
50
civil rights or equal righs
the right of every person to equal protection under the laws and equal access to society's opportunities and public facilities
51
gender gao
the tendency of women and men to differ in their political attitudes and voting preferences
52
due process clause
of the 14th amendment, the clause of the Constitution that has been used by the judiciary to apply the Bill of Rights to the actions of state governments
53
selective incorporation
the absorption of certain provisions of the Bill of Rights (ie freedom of speech) into the 14th amendment so that these rights are protection by the federal courts from infringement by states
54
freedom of expression
American's freedom to communicate their views, the foundation of which is the first amendment rights of freedom of conscience, speech, press, assembly, and petition
55
clear and present danger test
a test devised by the supreme court in 191 in order to define the limits of free speech in context of national security. According to the test, government can't abridge political expression unless it presents a clear and present danger to national security
56
symbolic speech
action for the purpose of expressing a political opinion
57
prior restraint
government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming
58
imminent lawless action
a legal test that says government can't lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at production, and is likely to produce, imminent lawless action
59
libel
publication of material that falsely damages a person's reputation
60
slander
spoken words that falsely damage a person's reputation
61
establishment clause
first amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion
62
free exercise clause
first amendment provision that prohibits the government from interfering with practice of religion or prohibiting the free exercise of religion
63
procedural due process
the constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense
64
4th amendment
forbids police to conduct searches without probable causes
65
5th amendment
no double jeopardy or self incrimination
66
double jeopardy
a procedural defense (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction
67
6th amendment
right to jury and trial
68
8th amendment
no excessive bail or unusual punishment
69
excessive bail
an amount of bail ordered to be posted by an accused defendant which is much more than necessary or usual to ensure they will make court appearances particularly in relation to minor crimes
70
the exclusionary rule
the legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (ie illegal searches and seizure)
71
habeus corpus appeals
gives defendant access to federal courts in order to argue that their rights under the Constitution of the United States were violated when they were convicted in a state court
72
racial profiling
the assumption that certain groups are more likely to commit particular crimes
73
Schneck v. United States
1st- free speech draft Schneck distributed paper encouraging the disablement of the draft; convicted on account for the espionage act; he claimed that the act went against his freedom of speech SCOTUS ruled against him because it was a time of war
74
Tinker v. Des Moines
free speech clause first amendment students were wearing anti-war armbands who were suspended, but then the school was sued by the parents SCOTUS ruled for the kids because the armbands didn't hinder the operations of the school and the school was hindering the students' freedom of speech

AP Gov (5 decks)

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