U.S. CONSTITUTION TEST Flashcards
sources of power5
- expertise: from skills or expertise
- formal authority: from position within organization
- persuasion: from ability to influence others
- rewards: ability to give something of value
- coercion: ability to punish others
formal authority
legal/official power to give orders and enforce rules
legitimacy
quality of those in power to be accepted as authority
examples of legitimacy2
- mandate of heaven: said chinese ruler was son of heaven
- divine right of kings: said kings represented God on Earth
purposes of government3
- public order
- protecting life and property
- providing public goods for all people
nation-state
independent state, especially one in which the people share a common culture
characteristics of nation-states4
- territorial integrity: occupies specific geographic territory
- stable population: permanent residents
- code of laws: common legal system
- national sovereignty: independent and self-governing
political games5
- horse trading: bargaining
- walkout: refusing to agree until opposition gives what they want
- power struggle: outsmarting or overpowering opponent
- demolition derby: complete destruction of opponent
- civil disobedience: publicly disobeying what they consider an unjust law
democracy
citizens exercise supreme power, directly or through elected representatives (greece)
republic
elected officials exercise supreme power from citizens (rome)
historical development of government8
- ) city-state (sumer)
- ) democracy (greece)
- )republic (rome)
- )representative democracy
- )feudalism(europe middle ages)
- )parliaments (england)
- ) monarchies
- ) constitutional democracy (USA)
feudalism:
landowners granted land to tenants in return for military assistance and other services (europe middle ages)
totalitarianism
authoritarian regime that seeks to control almost every aspect of its citizens’ lives
forms of totalitarianism3
- communism: single party controls government and economy (joseph stalin/soviet union)
- fascism businesses remain in private hands but under control(benito mussolini/italy)
- nazism fascism with racial superiority(adolf hitler/germany)
pros and cons of monarchy5
pros:
-efficiency
-clear line of succession
-unifying power
cons:
-varying quality of leaders
-overwhelming job
theocracy
government headed by religions leaders (vatican city, iran)
forms of government7
- monarchy: 1 hereditary ruler
- dictatorships:1 powerful leader
- theocracy: few religious leaders
- single-party state: political elite
- direct democracy: all citizens
- parliamentary democracy: legislative majority
- presidential democracy: representatives of the people
difference between presidential and parliamentary democracy
presidential: voters vote for legislature and president
parliamentary: voters vote for parliament who votes for prime minister
systems of government3
- unitary system: constitution concentrates power in central government
- federal system: constitution divides power between national and regional governments
- confederal system: constitution puts power in independent states
types of economies3
- traditional: decision making by custom, people provide for themselves
- market: decision making by individuals, buy and sell goods
- command: decision making by government planners, government decides which goods to be produced and and what cost
pros and cons of market economies8
pros: -efficiency -faster economic growth -high quality goods/services -high standards of living cons: -unemployment -recessions -income inequality -economic insecurity
pros and cons of command economies8
pros: -full employment -no recessions -income equality -economic security cons: -inefficiency -slower economic growth -low quality goods/service -low standards of living
mixed economies
only type of economy existing today, combines market forces with elements of a command economy
power and authority of the government comes from__
the people
goals on the nation from the preamble6
- form a more perfect union (cooperation among states)
- establish justice (fair laws)
- ensure domestic tranquility (peace and order)
- provide for the common defense (protect against enemies)
- promote the general welfare (well-being of citizens)
- secure the blessings of liberty to ourselves and our posterity (freedom for all, then and in future)
article I (2)
- establishes legislative branch (main lawmaking body)
- states enumerated, implied, and denied powers
implied powers
powers not specifically listed in constitution
enumerated powers
powers stated in constitution
necessary and proper clause
congress can “make all laws which shall be necessary and proper” /elastic clause
habeas corpus
right of accused to be brought before a judge to hear the charges against them
due process
no person can be deprived of life/liberty/property without fair legal procedures
article II
establishes executive branch
article III
establishes judicial branch
jurisdiction
subject matter over which a court may exercise authority
separation of powers
dividing powers of government into three branches so that no single branch would become too powerful
examples of checks and balences
legislative makes laws but executive must approve or veto
powers of each branch6
legislative: -makes laws -approves treaties executive -enforces laws -commands military judicial: -interprets laws -rules on cases between states
why is there an amendment process
framers knew times would changes and country would need amendments. they made it hard so they wont have too many amendments and hasty decisions
main amendment process2
- proposed by 2/3 in both houses of congress
- ratified by 3/4 of states
delegated powers
powers granted to national government (ex: declaring war)
reserved powers
powers kept by the states (ex: establish public schools)
concurrent powers
powers shared by federal and state governments (ex: taxation)
sources judges use to interpret decisions5
- exact wording of constitution
- original intent of the framers
- past decisions of the supreme court
- practical consequences
- moral or ethical values
strict construction
literal reading of the constitution (conservative)
loose construction
flexible reading of the constitution (liberal)
marbury v. madison
- IMPORTANCE: established judicial review: the power of the courts to declare laws and executive acts unconstitutional
- when john adams was leaving office, he appointed more federalist judgeships to keep federalist influence. william marbury did not receive his commission because james madison (new sec of state) was instructed not to deliver it. supreme court ruled that marbury deserved his commission and madison should deliver it. But then, he declared that “forcing an official to doing something they were legally responsible to do” (what marbury based his argument on) was unconstitutional, siding against marbury.
mcculloch v. maryland
- IMPORTANCE: federal law trumps state law
- the second bank of the US was made and many states including maryland wanted to tax its branches.The cashier of the Maryland branch, James McCulloch, refused to pay the tax. Supreme court favored mccolloch. no state has the power to tax the national bank or any other arm of the federal government
freedoms of first amendment5
- speech
- press
- religion
- assembly
- petition
establishment clause
guarantees separation of church and state
free exercise clause
all people are free to follow the religious practices of their choice
libel
publishing false information about someone with intent to cause harm, exception to freedom of speech
slander
orally spreading false information about someone with intent to cause harm, exception to freedom of speech
2nd amendment and controversy2
- 2nd amendment: right to bear arms
- government has started to regulate buying/selling guns to prevent gang related shootings. people say it violates 2nd amendment
third amendment and purpose2
- 3rd amendment: prohibits quartering (citizens being forced to take solders into their homes)
- purpose today: general guarantee for privacy and security of people’s homes
fourth amendment and exceptions2
- fourth amendment: prevents unreasonable search and seizures without a warrant
- exceptions: police may search without a warrant if: criminal evidence against you or students and their possessions by school officials
miranda rights
rights of the accused (right to remain silent)
double jeopardy
no one who has been proven not guilty can be tried again for the same crime
takings clause
government cannot take private property for use without just compensation
sixth amendment2
- protects rights of the accused
- criminal trials must be carried out quickly, publicly, and with fair jury
seventh amendment
-trial by jury in most civil (not criminal) lawsuits
eighth amendment2
- protection from excessive bail (money for release from jail)
- protection from excessive punishment, ex death penalty
ninth amendment
protection for the unenumerated rights (rights not specifically listed in bill of rights)
tenth amendment
limits powers of federal government to those granted under constitution, reserves powers for states and people
benefits of federal system4
- protects against tyranny of majority
- promotes unity without imposing uniformity
- creates laboratories for policy experiments
- encourages political participation
drawbacks of federal system2
- inconsistency of laws state to state
- tension between state and federal officials
plessy v. ferguson
black man (plessy) arrested for sitting in whites only rail car. plessy argued Jim Crow laws violated Equal Protection Clause of the Fourteenth Amendment. Court held that separate facilities for blacks and whites were legal as long as they were equal. (sided against plessy)
brown v. board of education
black woman (brown)was prohibited to go to a white school. court decided “separate but equal schools” werent actually equal and led way to desegregation of schools
liberalism
ideology favoring an active role for government in efforts to solve society’s problems
conservatism
ideology favoring a limited role for government and more private initiative by nongovernmental groups in efforts to solve society’s problems
how do electoral votes work2
- candidate winning the popular vote in each state gets the electoral votes who vote for president.
- president needs majority electoral votes to win
battleground/swing states
states where the presidential vote is likely to be close; candidates often focus on these states in the hope of picking up key electoral votes
electoral college controversy
undemocratic- some candidates win popular vote but not electoral college
chambers of congress and #members2
- House of representatives:435(to appease states with bigger population/land)
- senate: 100 (to appease small states)
qualifications for house/senate 3
- residents of state they represent
- house: 25 and citizen for 7 years
- senate: 30 and citizen for 9 years
leader of house of representatives
speaker of the house (paul ryan)
steps turning a bill into a law6
- ) introduced to either house or senate
- ) sent to commitee for revision
- ) sent back to house/senate floor for vote (if pass one chamber, goes to the other house)
- ) house version and senate version get smushed into one
- ) house and senate vote on final version of bill
- ) president approves bill (becomes a law)
how congress checks other branches6
- oversight: oversees executive agencies an make sure they carry out laws
- confirmation: must confirm key officials appointed to office by president
- impeachment: impeach federal officials
- ratification: ratify treaties negotiated by president
- override: and override presidents veto
- amendment: can propose amendment to constitution
checking within congress
both houses must agree on a bill to become a law
powers of congress5
- levy and collect taxes
- borrow money
- regulate interstate and foreign commerce
- coin money
- declare war
qualifications for president3
- native born citizen
- at least 35
- lived in US for at least 14 years
roles of president4
- chief executive: head of federal bureaucracy (agencies and organizations that carry on the daily business of government)
- chief of state: ceremonial leader of government
- commander in chief:head of armed forces
- chief diplomat:oversees foreign policy
president checks other branches
vetos laws
criminal law
the branch of law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts
civil law
the branch of law that concerns relationships between private parties
defendent
the person or party in a criminal trial who is charged with committing a crime, or the person or party being sued in a civil case
prosecution
the attorneys representing the government and the people in a criminal case
how cases move up to supreme court4
- )district courts
- ) US courts of appeals
- )state supreme courts
- )united states supreme court
original jurisdiction
court’s authority to hear a case for the first time, before it appears in any other court
appellate jurisdiction
court’s authority to review decisions made in lower courts
checking of judicial branch 2
- declare treaties/executive acts unconstitutional
- declare laws unconstitutional
