Test 1 Flashcards
The 3 plans argued for to determine representation in America
The VIrginia plan - large state plan, based on population. The New Jersey Plan - small statre plan, 1 vote per state. The Connecticut Plan / The Great Compromise - House and Senate, bother population and equal representation.
Powers expressly given to the fed as listed in the constitution are what kind of powers.
Enumerated/expressed powers.
Article 3 of constitution?
Judicial Branch.
Press that may not be protected by first amendment may have this test performed to determine if the work has purist interests, or whether the work has sexual conduct prohibited by the state government
Miller Test.
which amendment protects from excessive fines?
the 8th
Speech that FALSELY and MALICIOUSLY hurts a reputation is known as _____ and may not be protected by first amendment.
Libel and slander.
What system of government has no limits of power?
Totalitarian.
Any evidence illegally obtained cannot be used in court is defined by this rule of which amendment?
The Exclusionary Rule / the 4th.
which amendment gives you one phone call upon arrest?
the 5th
Which article of the constitution deals with the Legislative branch?
Article 1.
What are the 4 substantive freedoms and how are they related?
- Religion. 2. Speech. 3. Press. 4. Assembly and Petition. All parts of the first amendment.
personal freedoms that are constitutionally protected from government interference are known as _______.
Civil Liberties.
The guarantee for a jury in a civil trial if amount exceeds $20 is protected under which amendment?
The 7th Amendment.
“The State of Nature”
-Hobbes (Implicit agreement for benefit of society, by sacrificing some freedoms for security).
Define preemption.
National laws supersede state and local laws.
Which article of constitution deals with state to state relations?
Article 4.
____ refers to conflicts and struggles over leadership, structure and policies of government.
Politics
“No national religion”
The Establishment Clause as part of the first amendment, Freedom of Religion.
Given through the Necessary and Proper Clause, these powers are reserved for the federal government and were defined through which court case….
Implied Powers / McCulloch vs. Maryland (based on Supremacy Clause). (you cant tax a federal government institution, duh thats just obvious.)
What are the four types of speech?
- Political. 2. Pure. 3. Commercial. 4. Symbolic.
Freedom to believe anything we want is protected under what and what.
Freedom of religion, amendment 1, The Free Exercise Clause.
Which article of const. talks about the supremacy clause.
Art. 6.
amendment giving women right to vote?
19th
“Rule of Law” - “Representative Democracy” and “Indirect Democracy” are all terms used to describe what form of government?
A Republic.
Which Act required colonists to import only British tea?
The Tea Act (1773).
Components of the 5th Amendment?
Right to remain silent / a grand jury indictment at federal level / no double jeopardy / due process of law (phone call and miranda rights).
Explain the Supremacy Clause.
“Federal law conquers all”.
What type of government is ruled by a small group of people and is not necessarily accountable to the people?
An Oligarchy.
What is the political ideology of America?
“Classical Liberalism”
Speech that is advertising in nature, and should be truthful.
Commercial Speech.
Which article talks about how to impeach in the constitution?
Article 1.
Which article of the constitution deals with the Judicial branch?
Article 3
Grants given my congress to states or localities under the premise that they will be used to address problem or group specified by law
Categorical grant.
whats the exclusionary rule?
The ability for a court to exclude evidence that was illegally obtained in violation of 4th amendment.
When determining if this type of speech is protected, courts seeks to find whether or not it interferes with government program or if it interfered with operation that it takes place.
Symbolic Speech.
Powers not reasonably implied and not stated in constitution are known as __________
Reserved Powers.
What is horizontal federalism and what are the processes within?
State to state relations. 1. Extradition. 2. Full Faith and Credit Clause. 3. Privileges and Immunities Clause. 4. Interstate Compacts.
The process in which systems of power are broken down to be given power to lower forms of government is known as ______.
Devolution.
The theory that all interests should be considered to compete for influence in the government leading to compromise and moderation is known as _____.
Pluralism.
Art. 6 of constitution?
The supremacy clause and prohibits religious requirements.
which amendment requires federal a search warrant to check you out?
the 4th.
Article 1 gave power to national government to manage the economy via which clause?
Commerce Clause.
A grant that allows states considerable discretion in how to spend the fund are known as _____.
Block Grants.
The belief that ordinary citizens can influence and affect what government does is known as ______.
Political efficacy.
Define Habeas Corpus
Protection from unlawful arrest and detainment, and promise to be presented to judge.
which amendment protects from cruel and unusual punishment?
8th
The gradual incorporation of the Bill of Rights into the constitution via the 14th amendment for protection against state and national government is known as what?
Selective incorporation.
Which article of the constitution deals with the executive branch?
Article 2.
requirement that states that authorities must inform suspects of a crime of their rights as stated by which amendment?
Miranda rule, 5th amendment
Which article of the constitution deals with the supremacy clause?
Article 6.
The “No Prior Restraint Rule” relates to which amendment?
The First Amendment, freedom of press.
Which Act required a stamp on all legal documents?
The Stamp Act (1765)
Article 1 of the constitution?
The legislative branch, (the lawmakers), impeachment powers.
Laws applied to states are done through funded and unfunded what?
Federal Mandates.
This is the most protected speech but is not absolute based on a rule is known as this. (also, what is the rule)
Political Speech. Clear and Present Danger Rule.
A form of federalism that was used to combat poverty, “picket fencing”, and federal government goes directly to local government to implement policies?
Creative Federalism.
This Act created taxes that would be used to pay for British governors’ salaries and also introduced more quartering.
The Townshend Acts (1767)
which amendment protects from double jeopardy?
the 5th
A system of government in which most fundamental governmental powers are shared between the federal and state governments is known as______. (Layer cake, Post civil war)
Dual Federalism.
Which amendment gives you the right to a speedy trial?
the 6th.
“People are rational, people will revolt against tyranny”.
-John Locke
Which acts were imposed in response to the Boston Tea Party, and took control of the government?
The Coercive / Intolerable Acts.
What were the acts imposed on the Colonies of America?
- Navigation Acts 2. Proclamation of 1763. 3. Sugar Act. 4. Currency Act. 5. Stamp Act. 6. Quartering Act. 7. Townsend Act. 8. Tea Act. 9. Coercive/”Intolerable Acts”.
which amendment protects from excessive bail?
the 8th
The obligation government has to protect citizens from illegal action for government entities and other citizens
Civil Rights.
What protects you from being charged for something that has been criminalized, but was once ok to do?
ex post facto.
Commercial speech cannot be protected if an audience if forced to view the speech is defined by this.
Captive Audience Rule.
which amendment gives you the right to an attorney?
the 6th
What does the Lemon Test do?
Ensures neutrality when making laws that may affect religion.
What is the 4th amendment?
No unreasonable search and seizure.
This Act forced colonists to house and feed British troops.
The Quartering Act (1765)
the 3 exceptions to the No Prior Restraint Rule.
- Cannot impose a threat to government. 2. Cannot compromise a defendant’s rights (Gag order). 3. Vital national interests that may affect economy.
A unitary system is what?
A centralized government system in which lower levels of government have little power independent of national power.
A system of government where individual states retain power save for certain powers expressly reserved at federal level is known as a _______.
Confederation.
Art. 7 of constitution?
The explanation of the ratification process and 27 amendments.
Article 2 of constitution?
Executive branch (rules for president), electoral college stuff.
How governments go about controlling things are known as what type of limits>
Procedural Limits.
McCulloch vs. Maryland. What happened?
Federal government created a bank in Maryland. Maryland tried to tax them. Maryland got slammed. YOU CANT DO THAT. There are IMPLIED POWERS. Supremacy Clause helped win the case.
The formal institutions through which a land and its people are ruled is known as a ____
government.
which amendment got rid of poll taxes?
24th amendment.
the New system of federalism where states seek more block grants in place of categorical grants?
Competitive Federalism.
Define politics.
conflicts and struggles over leadership, structure. and policies of a government.
The right of every individual against arbitrary action by national or state governments
Due process of law.
within article 1 of the constitution, the section that grants congress authority to make all laws needed in order to carry out its powers…..
Necessary and Proper Clause.
Which amendment says that the federal government has all the powers as stated by constitution and that all remaining powers are given to states?
10th amendment.
What is ex post facto.
You can’t be tried for something you did that was once legal but is now illegal.
What is the term for powers that belong to the state?
Reserved Powers
the 9th amendment is what?
right to privacy
Speech that is private, among peers and family and should be protected.
Pure Speech.
Which Act imposed taxes on sugar, textiles, coffee, etc.?
The Sugar Act (1764)
A system of power that has both procedural and substantive limits is said to be a _______ system.
Constitutional.
the 4th 5th 6th and 8th amendments make up this .
The due process of law.
“Don’t discriminate citizens from other states” refers to the _____
Privileges and Immunities Clause.
This protects you from false arrest and detainment and promises to present you to a judge.
Habeas Corpus.
privately owned production and distribution, operated for profit with minimal or no government interference or regulation?
Laissez-faire capitalism.
In which article is the amendment process explained?
Art. 5.
A system of government where grants-in-aid were used to entice states and localities to pursue nationally define goals. (Marble cake, Since New Deal and Great Depression)
Cooperative federalism.
The Establishment Clause is what and is part of what portion of the constitution?
The first amendment, freedom of religion, “no national religion, official religion and no financial support for one”.
INS vs Delgado?
Can US round up suspected illegal aliens?
A combination of both a confederation and a unitary system of governance is said to be a ______
Federation.
A strong central power with state governments is known as ____.
Federalism.
The right to privacy is defined in which amendment?
the 9th
Which Act imposed on the colonies restricted trade only to the UK?
The Navigation Act (1651)
Agreements between states that require review from Congress are known as ______.
Interstate compacts.
_____ is the theoretical point where we leave the state of nature through an implicit agreement among society for the benefit of society, but by sacrificing individual freedoms for security.
The Social Contract.
which amendment promises an impartial jury?
the 6th.
Art. 5 of constitution?
The amendment process.
A system of power that has no limits but may be constrained by other institutions such as a church or business is said to be ______.
Authoritarian.
“States must respect public acts, records and proceedings of other states” refers to the ______
Full Faith and Credit Clause.
define De facto segregation
segregation that occurs by “fact” rather than by legal requirement, especially in public schools. (enforced by fact).
Which Act prohibited colonists from creating a paper currency?
The Currency Act (1764)
Powers that grant the ability to impose taxes, build infrastructure, provide general welfare and borrow money and are shared by both federal and state governments.
Concurrent Powers.
How many amendments are in the constitution?
27
Which article of the constitution talks about the ratification of the constitution?
Art. 7.
Art. 4 of constitution?
State-state relations.
segregation that occurs by law
De Jure segregation. (enforced by law)
Whats the 24th amendment?
no more poll tax
whats the 19th amendment?
womens suffrage
Which Act prohibited colonists from settling west of the Appalachians?
The Proclamation of 1763.
What governments are allowed to control are what kind of limits?
Substantive Limits.
what is popular sovereignty?
the idea of placing power in the hands of people.
