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American Democracy > Test 1 > Flashcards

Test 1 Flashcards

1
Q

Judicial Review

A

The power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison (1803)

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2
Q

Miranda Rights

A

Result of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation

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3
Q

Prior Reatraint

A

An effort by a government agency to block the publication of material it seems libelous or harmful in some way

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4
Q

Supremacy Clause

A

A clause of Article VI or the Constitution that states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any division

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5
Q

Checks and Balances

A

The mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

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6
Q

Pork-Barrel Legislation

A

The appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election

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7
Q

Civil Liberties

A

The protections of citizens from improper governmental action

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8
Q

Separation of Powers

A

The division of governmental power among several institutions that must cooperate in decision making

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9
Q

Eminent Domain

A

The right of the government to take private property for public use, with reasonable compensation awarded for the property

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10
Q

Privileges and Immunities Clause

A

The provision in Article IV, Section 2, of the Constitution stating that a state cannot discriminate against someone from another state or give Its own residents special privileges

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11
Q

Principal-Agent Theory

A

The relationship between a principal and his or her agent. This relationship may be affected by the fact that each is motivated by self-interest, yet their interests may not be well aligned

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12
Q

Politics

A

Conflict, Struggle, Cooperation and Collaboration over the leadership, structure, and policies of government

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13
Q

Necessary and Proper Clause

A

Article I, Section 8, of the Constitution, which enumerates the powers of Congress and provides Congress with the authority to make all laws “necessary and proper” to carry them out; also referred to as the elastic clause

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14
Q

Articles of Confederation

A

America’s first written constitution. Adopted by the Continental Congress in 1777, the Articles of Confederation and Perpetual Union were the formal basis for America’s national government until 1789, when they were superseded by the Constitution

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15
Q

Public Good

A

A good that, first, may be enjoyed by anyone if it is provided and, second, may not be denied to anyone once it has been provided

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16
Q

Reserved Powers

A

Powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states; these powers are reserved to the states

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17
Q

Double Jeopardy

A

The Fifth Amendment right providing that a person cannot be tried twice for the same crime

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18
Q

Clear and Present danger test

A

The criterion formerly used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

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19
Q

Equal Protection Clause

A

The provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws”. This clause has been the basis for the civil rights of African Americans, Women, and other groups

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20
Q

Intermediate Scrutiny

A

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

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21
Q

Collective Action

A

The pooling of resources and the coordination of effort and activity by a group of people to achieve common goals

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22
Q

Commerce Clause

A

The clause found in Article I, Section 8, of the Constitution, which delegates to Congress the power “to regulate Commerce with foreign Nations, and among the several Sates, and with the Indian Tribes”. This clause was interpreted by the Supreme Court to favor national power over the economy

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23
Q

Due Process of Law

A

Proceeding according to law and with adequate protection for individual rights

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24
Q

Dual Citizenship

A

The idea that American Citizens are both citizens of the nation and of the state

25
Q

Fighting Words

A

Speech that directly incites damaging conduct

26
Q

Free Exercise Clause

A

The First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses

27
Q

Bill of Rights

A

The first 10 amendments to the US constitution, adopted in 1791. The Bill of Rights ensures certain rights and liberties to the people

28
Q

Concurrent Power

A

The authority possessed by BOTH state and national governments, such as the power to levy taxes

29
Q

Full Faith and Credit Clause

A

The provision in Article IV, Section 1 of the Constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state

30
Q

Civil Rights

A

The legal or moral claims that citizens are entitled to make on the government

31
Q

Affirmative Action

A

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

32
Q

Executive Privilege

A

The claim that confidential communications between the President and the President’s close advisers should not be revealed without the consent of the President

33
Q

Exclusionary Rule

A

The ability of courts to exclude evidence obtained in violation of the Fourth Amendment

34
Q

Establishment Clause

A

The First Amendment clause that says “Congress shall make no law respecting the establishment of religion”. This means that a wall of separation exists between church and state

35
Q

Expressed Powers

A

The powers enumerated in the Constitution that are granted to the federal government

36
Q

Institutions

A

The rules and procedures that provide incentives for political behavior, thereby shaping politics

37
Q

Shay’s Rebellion

A

An attempt to counter foreclosure during Articles of Confederation, was a result of no nationalized currency and lack of national government power

38
Q

Fifth Amendment

A

Provides protection against self-incrimination and double-jeopardy. Implicative of Miranda Rights.
Restricts the power of federal government, not as applicable to the states

39
Q

Dual Federalism

A

Strict division of power between Local and Federal government

40
Q

Cooperative Federalism

A

Supreme Court goes from 9 members to 15

Rise in “Grants in aid”- funds from federal gov’t to state and local gov’ts

41
Q

Regulated Federalism

A

Federal dictates national standards that states must meet or follow
Unfounded Mandates- national standards or programs imposed on state and local gov’t without additional funding

42
Q

New Federalism

A

Offers more discretion to the states
Rise in Block Grants
Unfounded mandates are reformed, courts interpret commerce clause

43
Q

Please v Ferguson

A

Upholds constitutionality of separate but equal, refuted in Brown v Board of Ed

44
Q

Brown v Board of Education

A

Declared that state laws separating schools based on skin color is unconstitutional. Overturned Plessy v Ferguson

45
Q

Autocracy

A

Rule of One

46
Q

Oligarchy

A

Rule of Land Owners, Military Officers and the Rich

47
Q

Democracy

A

Permits citizens to play a significant role in governmental process

48
Q

Theocracy

A

Rule by a religious group

49
Q

US vs Wong Kim Ark

A

Declares that any child born on United States soil is automatically a US citizen

50
Q

Lawrence v Texas

A

Made same-sex sexual activity legal in every US state and territory

51
Q

Roe v Wade

A

Right to privacy extends to a woman’s decision to have an abortion

52
Q

Amendment Process

A

2/3 voter majority in both House and Senate as well as at least 38 states to approve and amendment to the constitution

53
Q

Voting Rights

A

Previously outlined only to land owning white men, it was later extended in the 3/5 compromise and later extended to full representation for all minorities and races above 18 years of age

54
Q

Sovereign Immunity

A

Legal doctrine by which the state cannot commit a legal wrong and is immune from civil suit or criminal prosecution

55
Q

Habeas Corpus

A

Legal action by which detainees can seek relief from unlawful imprisonment

56
Q

Freedom of Speech

A

Protected by the first amendment but does not include speech that is harmful in some way. Political speech is the MOST protected type of speech

57
Q

Selective Incorporation

A

Constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens outlined in the Bill of Rights

58
Q

Property Rights

A

Socially enforced constructs in economics determining how a resource or good can be used and owned. Can be owned by individuals, associations or governments.

American Democracy (2 decks)

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