Test 1 Flashcards
The collection of public institutions in a nation that establish and enforce the rules by which the members of that nation must live
Government
A voluntary agreement among members of a society to cooperate for social benefits
Social contract
The ability of public institutions and the officials within them to make laws, independent of the power to execute them
Authority
The ability to get individuals to do something that they may not otherwise do
Ex: pay taxes, stop at red lights
Power
The extent to which the people afford the government the authority and right to exercise power
Legitimacy
A form of government where free, open, and regular elections are held to allow voters to choose who will govern on their behalf
Representative/indirect democracy
A system of government in which all citizens participate in making policy, rules, and governing decisions
Direct democracy
The idea that the ultimate source of power in the nation is held by the people
Popular sovereignty
The title of a resolution passed by the U.S. House of Representatives as an entry into a patriotic contest
American Creed
John Locke
Believed in natural rights and social contract based upon individual consent
Thomas Hobbes
Believed that government was to manage naturally occurring conflicts. Humans by nature are selfish
Plato
A philosopher that believed that having a king was the idea form of government
How was the power distributed under the Articles of Confederation?
Every state had one congressional vote, regardless of population
Why did the Articles of Confederation need to be revised?
There was a need for stronger federal government
Virgina plan
“Large states plan” empowered 3 separate branches of government
New Jersey plan
“Small states plan” states have equal representation
The Great Compromise
A proposal of a 2 house legislature with a senate (2 reps per state) and a House of Representatives (reps based on population)
A series of articles which argued in favor of ratifying the proposed U.S. Constitution
Federalist papers
Who wrote the federalist papers?
Alexander Hamilton, James Madison and John Jay
The principle that each branch of government enjoys separate and independent powers and areas of responsibility
Separation of powers
A system of limits imposed by the constitution that gives each branch of government the limited right to change or cancel the acts of the other branches
Checks and balances
Those who supported ratification of the proposed constitution
Federalist
Those who opposed ratification to the proposed constitution
Anti-federalist
A system of government in which two or more independent states unite to achieve certain specified common aims
Confederation
The doctrine underlying a system of government in which power is divided between a central government and constituent political subunits
Federalism
The constituent states are strictly subordinated to the goals of central government as a whole
Unitary system of government
The doctrine of federalism that holds that state authority acts as a significant limit on congressional power under the constitution
Dual federalism
Which two clauses in the constitution have paved the way for expanding federal powers?
Necessary and proper clause
Supremacy clause
Grants congress the power to make laws that serve as means to achieving its expressly delegated powers
Necessary and proper clause
Provides that the constitution and federal laws override any conflicting provisions or state laws
Supremacy clause
Marbury v Madison
Doctrine of judicial review
McCulloch v Maryland
Established the implied powers of the national government and the idea of national supremacy
Gibbons v Ogden
Established that the power to regulate interstate commerce was an exclusive national power
Who invented the concept of federalism?
Alexander Hamilton, George Washington and James Madison
What does federalism have to do with the civil war?
The civil war was fought over balance of federal and state governments
Affords congress nearly unlimited authority to exercise its powers through means that often coerce states into administering and/or enforcing federal policies
Cooperative federalism
Civil liberties
Areas of social lie that Americans believe should be free from government interference
Civil rights
Areas of social life Americans believe require government actions to ensure fairness and equality
What does the majority of the bill of rights concern?
Guaranteeing citizens specific rights
Amendment 1
Freedom of religion, speech and press
Amendment 2
The right to bear arms
Amendment 3
Government can’t lodge troops in private homes
Amendment 4
Warrant needed for search and seizure
Amendment 5
The accused is entitled to certain rights
Amendment 6
Right to a speedy trial by jury
Amendment 7
Jury trial in civil cases involving money
Amendment 8
Forbids cruel and unusual punishment
Amendment 9
People have natural rights not stated in the constitution
Amendment 10
Powers not given to the federal government belong to the states
What are the clauses associated with freedom of religion?
Free exercise clause
Establishment clause
Lemon test
Denies government the ability to prohibit the free exercise of religion
Free exercise clause
Prohibits government from enacting any law “respecting an establishment of religion”
Establishment clause
The legal test that determines if a government statue aiding public or private schools is a unconstitutional violation of the establishment clause
Lemon test
- appeals “to a prurient interest in sex”
- showed “patently offensive” sexual conduct
- lacks “serious literacy, artistic, policial or scientific values”
Miller v California
Ruled unconstitutional a state law that banned abortions except to save the life of the mother
Roe v Wade
