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Flashcards in Chapter 8 flashcards Deck (45):
1

Popular Sovereignty

Foundation of the American system of government, the authority of the people

2

Republican form of government

Where people rule through elected officials

3

Limited government

Where the government can only do so much

4

Federalism

States and Federal governments share power, the Constitution creates the federal system

5

Separation of powers

Prevented one branch of government from having too much power, horizontal and vertical

6

Checks and balances

To prevent any branch from becoming too powerful, each branch of the Government has the power to check (stop) the other two branches

7

Individual Rights

The freedom to act, work, think and behave without retribution bestowed upon members of an organization through legal, regulatory and societal standards.

8

Constitution

The Constitution establishes a republican form of government (people rule through elected officials)

9

Federalism (Different types of powers)

Federalism - Federal system of government- US has a federal government where the states and federal government share power Constitution creates the federal system Constitution lists ENUMERATED POWERS or powers specifically given to Congress
Power to coin money, regulate interstate and foreign trade, maintain the armed forces, create federal courts...states CANNOT exercise these powers
RESERVED POWERS or powers that belong to the states
Constitution does not specifically list these powers
10th Amendment declares that all powers not specifically granted to the Federal Government “are reserved to the States”
Includes power to establish school, marriage and divorce laws, regulate trade within a state
CONCURRENT POWERS
Shared certain powers between states and federal government
Right to raise taxes, borrow money, provide for public welfare, carry out criminal justice

10

Horizontal Separation

To prevent any one branch of government from becoming too powerful, and threatening the rights and liberty of the people, the powers of the Government are divided into three separate branches, each with its own powers. Each branch has different and limited powers, duties, responsibilities. Executive(Carries out laws, Legislative(Makes laws), Judicial(Makes sure laws are constitutional)

11

Vertical Seperation

To prevent any one branch from becoming too powerful, and threatening the rights and liberty of the people, the powers in the government are divided into three levels of government: National, State, and Local Govt. This is called the “Federal System”

12

Executive Branch

Execute (enforce) the laws passed by Congress
Commander-in-chief of the armed forces
In charge of foreign policy

13

Legislative Branch

Write and passes laws, power to tax regulate trade between the states, power to declare war

14

Judicial Branch

Judge whether laws passed by Congress and actions taken by the President are constitutional (legal under the Constitution)

15

Impeach

to accuse (a public official) before an appropriate tribunal of misconduct in office.

16

Veto

a constitutional right to reject a decision or proposal made by a law-making body.

17

Override

use one's authority to reject or cancel (a decision, view, etc.).

18

Elastic Clause

Necessary and Proper Clause- The Federal government can exercise implied powers if they are “necessary and proper” to exercise a power that is specifically mentioned – this gives the government the flexibility to deal with changing times and situations that the writers could not anticipate

19

Judicial Review

Court can review the actions of the executive branch and legislative branches to determine if violated Constitution

20

Amendment/ Amending

Make changes to a document to make it more fair

21

Freedom of religion

Establishment Clause: the govt. cannot name an official religion, or give preference to one religion over any other, or promote religion over non-religious belief Free Exercise Clause: the govt. cannot interfere with a person’s right to practice his/her religion, or force a person to practice any religion. People have the right to freedom of belief, thought, and conscience.

22

Freedom of speech

The government cannot limit a person’s right to express opinions and beliefs. This right includes “symbolic speech” as well as verbal speech.
Limits on Freedom of Speech
Slander – damaging a person’s reputation by spreading lies – is not protected by the 1st Amendment
Obscenity is not protected
Fighting words/ incitement to riot are not protected, because their goal is not to express an opinion or promote an idea, but to promote illegal action
Clear and Present Danger
speech which would pose a clear and immediate threat to the nation’s security is NOT protected by the 1st Amendment
speech which would pose a clear and present threat to the health and safety of others is not protected – for example, you cannot falsely shout “Fire” in a crowded movie theater, because it could create panic and injury

23

Symbolic Speech

The right to freedom of speech involves symbolic speech as well

24

Freedom of the press

the media have the right to publish ideas and news that they believe to be true. The govt. cannot prohibit the publication of news [no censorship or prior restraint], but it can take action against the press if the press prints information that they knew to be false, or if they did not take care to check the accuracy of what they print.

25

Freedom of assembly

persons have the right to gather together (assemble) to peacefully protest and express their opinion

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Freedom of petition

persons have the right to ask (petition) the government to correct wrongs that they believe are being committed by the government

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Right to privacy

People have a right to their privacy and belongings

28

Search Warrant

In order to search a person’s home or property, the police must convince a judge of probable cause. If the judge agrees to issue a search warrant, it must specifically identify: 1. the property or person(s) to be searched 2. what is being searched for

29

Double jeapordy

is prohibited – you cannot be tried twice for the same crime. If you are found “not guilty” of a crime, the government cannot try again to find you guilty (cannot hold a new trial to try again)

30

Due process of law

A person cannot be deprived of life, liberty or property unless all proper laws and legal procedures have been followed.

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Equal protection under the law

Everyone has equal protection under the law

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Probable cause

The govt. cannot search or seize anything without probable cause that a crime is being planned, is being committed, or has been committed.

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Clear and present danger

speech which would pose a clear and immediate threat to the nation’s security is NOT protected by the 1st Amendment
speech which would pose a clear and present threat to the health and safety of others is not protected – for example, you cannot falsely shout “Fire” in a crowded movie theater, because it could create panic and injury

34

Fruit of the forbidden tree (the Exclusionary Rule)-

The rule, based upon the Fourth Amendment to the US Constitution, that prevents the use of illegally seized evidence against a defendant in a criminal trial.

35

How many amendments make up the Bill of Rights?

10

36

1st amendment

Freedom of religion, speech, press, assembly and petition

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4th amendment

Right to Privacy & Reasonable Cause for Search & Seizure
The 4th Amendment protects persons from unreasonable searches and seizures.

38

5th amendment

Due Process Rights of the Accused.

The 5th and 6th Amendments protect the rights of persons accused of crimes.

39

6th amendment

Due Process Rights of the Accused.
The 5th and 6th Amendments protect the rights of persons accused of crimes.

40

Enumerated Powers

Constitution lists ENUMERATED POWERS or powers specifically given to Congress
Power to coin money, regulate interstate and foreign trade, maintain the armed forces, create federal courts...states CANNOT exercise these powers

41

Reserved Powers

RESERVED POWERS or powers that belong to the states
Constitution does not specifically list these powers
10th Amendment declares that all powers not specifically granted to the Federal Government “are reserved to the States”
Includes power to establish school, marriage and divorce laws, regulate trade within a state

42

Concurrent Powers

Shared certain powers between states and federal government
Right to raise taxes, borrow money, provide for public welfare, carry out criminal justice

43

Establishment clause

the govt. cannot name an official religion, or give preference to one religion over any other, or promote religion over non-religious belief

44

Free Exercise clause

the govt. cannot interfere with a person’s right to practice his/her religion, or force a person to practice any religion. People have the right to freedom of belief, thought, and conscience.

45

Clear and Present Danger

speech which would pose a clear and immediate threat to the nation’s security
(is NOT protected by the 1st Amendment
speech which would pose a clear and present threat to the health and safety of others is not protected – for example, you cannot falsely shout “Fire” in a crowded movie theater, because it could create panic and injury)