Test #1 Terms Flashcards
Purposes of Government
To preserve order, recognize and protect freedoms/rights, provide public goods, and to promote equality.
Republicanism
As understood by James Madison and the framers, the belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government.
Liberalism
The idea that individuals are born with natural rights; supports equality and liberty
Declaration of Independence
A document declaring the freedom of America as a nation.
Social Contract
An agreement in which individuals surrender some rights to a governing body in exchange for protection of their basic human rights.
Natural Rights
Rights that individuals possess that are considered God-given or a just part of their birthright.
Articles of Confederation
The first attempted outline of American government. Focused primarily on limited authority for the national government, and more rights for state governments.
The Great Compromise
Created as a result of the Virginia Plan and the New Jersey Plan. States that each state will have 2 representatives in the Senate; reps in House of Representatives corresponds to the population.
Supremacy Clause
National law trumps state law if the two ever conflict.
Faction
Groups of like-minded people trying to get something from the government.
The Federalist Papers
A series of 85 articles written by Alexander Hamilton, James Madison, and John Jay that sought to sway public opinion toward the Federalists’ position.
Federalist Paper #10
Discusses the dangers of factions (interest groups), and explains how a strong national government can help to eliminate the negative effects of factions.
Federalist #51
Addresses the importance of checks and balances within the government, as well as the benefits of a separation of powers.
Federalism
A form of government that divides sovereign power across at least two political units (national and state governments).
Unitary Policy
A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.
Nullification
A legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional
Delegated Powers
Powers of Congress established in the Constitution.
Concurrent Powers
Areas of policy that are the shared responsibility of federal, state, and local governments.
Reserve powers
Powers that are not given to the national government by the Constitution, or not prohibited to the states, are reserved by the states or the people.
10th Amendment
Ensures that all powers not delegated to the national government are reserved to the states or the people.
Unfunded Mandates
Federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies.
Categorical Grants
Federal aid to state or local governments that is provided for specific purpose, such as a mass transit program within the transportation budget or a school lunch program within the education budget.
Block Grant
Federal aid provided to a state government to be spent within a certain policy area, which the state can decide how to spend within that area.
Necessary and Proper Clause
Grants Congress the power to pass all laws related to one of its expressed powers; also known as the elastic clause.
Civil Liberties
Political freedoms that protect citizens from government abuse; include the right to assemble, protest, worship freely, and keep certain matters private.
The Bill of Rights
10 protections of individual liberties; ratified in order to satisfy the concern that the government would be too strong and would restrict the civil liberties of the country.
Incorporation
Specific protections from the Bill of Rights were incrementally applied to the states in a series of cases decided by the Supreme Court.
Free Exercise Clause
Prohibits Congress from interfering with religious practice
Establishment Clause
Prohibits Congress from making a law that favors or establishes any religion.
Church-State Separation
The separation between organized religion and national/state government.
Miranda Rights
Protects suspects from making confessions unless they are aware that it is a free choice.
Exclusionary Rule
Prohibits illegally collected evidence from being admitted in court, no matter how compelling the evidence is. This is incorporated into state law as well.
Privacy Rights
Never explicitly mentioned in the Constitution; vulnerable to changed in the composition of the Supreme Court.
Barron v. Baltimore
City ruined Barron’s wharf by depositing sand into it; made it impossible to dock boats there. State found the city unconstitutionally deprived him of property, $4500 in damages; repealed by SC because Bill of Rights does not apply to states
Engle v. Vitale
Prayer in school (NY State Board of Regents); parents complained; unconstitutional because they’re not allowed to force religious views on anyone
Everson v. Board of Education
Parents of private and public school students reimbursed for public transportation costs; not unconstitutional because the government was not supporting any one religion.
Employment Division v. Smith
Native Americans fired for doing peyote (religious ritual); denied unemployment compensation; court ruled in favor because the rule against drug was not against religion
Clear and Present Danger
If any act appears to put an individual in “clear and present danger” then the act can be considered illegal. If it does not meet this criteria, it is considered first amendment right.
Mapp v. Ohio
Evidence illegally obtained (porn); woman could not be arrested because there was no search warrant
Miranda v. Arizona
Man accused of rape; was not told that he had the right to remain silent, anything you say can and will be used against you, etc.
Roe v. Wade
Abortion rights; decided a right to privacy under the due process clause of 14th amendment extended to a woman’s decision to have an abortion
Gitlow v. New York
Published “Left Wing Manifesto”; convicted because this advocated the violent overthrow of the government; 14th amendment rights does not extend that far
Gideon V. Wainwright
State courts are required under 14th amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys
Griswold v. Connecticut
Use of contraceptives was made legal because the law making them illegal violated marital privacy
Belief-Action Distinction
Distinction made between permitting a person to follow a particular belief and at the same time permitting the state to intervene whenever it finds it necessary to protect others from the practices of that belief.
McCulloch v. Maryland
Congress has the right (implied) to create banks; Maryland had no right to place tax on national banks
Alien and Sedition Acts
Aliens be citizens for 14 years before acquiring citizenship, authorize President to deport dangerous aliens during peacetime, allows wartime arrest, imprisonment, and deportation of any alien subject to enemy power, treasonable activity punishable by fine and imprisonment
