Unit 1 Flashcards
State of Nature
Hobbes wrote about it; in a strong government you have _______ (sad, solitary, brutish, short)
Civil War Amendments
-13th (prohibited slavery)
-14th (equal protection; due process)
-15th (voting rights based on race, color, and previous condition of servitude; no mention of sex or gender)
The Great Compromise
-we get a stronger central government
-court system capable of overturning state laws
-we get bicameral legislature
Federalist #51
separation of powers
-3 branches (congress, presidency, the courts; all 3 are equal)
-checks and balances
-congress declares; president executes
-congress has key functions and funds government
Obergefell vs Hodges
there was a patchwork of states to varying level would allow same sex couples to marry or not
Selective Incorporation
incorporation of rights on a case by case basis
New Federalism
-states get it together (kinda)
-new political mandate (kinda)
-U.S. vs Lopez
Devolution
Pluralism
political power rests with competing interest groups who share influence in government (claims political power rests in the hands of groups of people)
Elastic Clause
the last clause of Article 1, Section 8, which enables the national government “to make all laws which shall be necessary and proper for carrying” out all its constitutional responsibilities
Civil Disobedience
an action taken in violation of the letter of the law to demonstrate that the law is unjust
Barron vs Baltimore
ruled the Bill of Rights of the U.S. Constitution was not binding on state government
Mapp vs Ohio
4th amendment; no searches or seizures without a proper warrant
Miranda vs Arizona
ruled that an arrested individual is entitled to rights against self-incrimination and to an attorney under the 5th and 6th amendments of the U.S. Constitution
Gideon vs Wainwright
14th amendment; equal protection of everyone in the U.S. under the laws
Social Contract
our relationship with the government
Federalism
power is divided by a constitution, a central government, and a regional government; two kinds: dual (clear line of authority between levels of government) and cooperative (intermingling among levels of government)
Political Equality
every state gets 2 senators
Democracy
-everything can’t be voted on
-we have a representative form (republic)
-fair and frequent elections
-majority rules with minority rights
-political ethics (choose someone based on your beliefs
-people rule; we delegate it out
Articles of Confederation
Keep our independence
Issues:
-government too weak
-no president
-bad economy
-farms failed
-couldn’t pay soldiers
-shay’s rebellion
-annapolis confederation
-constitution confederation
Bill of Rights
10 amendments; added so constitution would be ratified
Devolution
transfer of power to lower level; legal transfer of property
Brown vs Board of Education
Supreme Court strikes down “separate but equal” racial segregation at the state-level & empowers the national government to intervene
Order
-purpose of government
-social contract
-nuance views of social contract
-Locke said “we are born with these rights”
-we are governed but we govern ourselves
Civil Rights
-selective incorporation (incorporation of rights on a case by case basis)
-incorporation:including
-“positive powers”
Civil Liberties
-areas of personal freedom where government can’t interfere
-negative powers (things people can keep that government can’t do anything about it)
De jure segregation
segregation by law
De facto segregation
societal and cultural practice of segregation; results from the private choices of individuals
John Locke
we are born with these rights
Thomas Hobbes
philosopher who wrote about the state of nature
Civil Rights Act of 1964
first serious attempt at legally addressing segregation in the south
Griswold vs Connecticut
couples that were married are allowed to keep their marriage decisions private
Competitive Federalism
limits national government leaves it up to states (LGBTQ+, immigration, abortion, gun control, etc.)
Articles of the U.S. Constitution
1 legislative branch
#2 executive branch
#3 federal judiciary
#4 national unity and power
#5 amendment process
#6 national supremacy
#7 process ratifying document
Grants-in-Aid
federal money granted to a recipient to fund a project or program
