Objective Exam Flash Cards

(69 cards)

1
Q

Albany Plan

A

A plan of union for the colonies developed by Benjamin Franklin before the revolution to protect against the French. Formed the basis for the Articles of Confederation

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2
Q

Civil Liberties

A

The legal constitutional protections against government power as outlined primarily in the Bill of Rights.

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3
Q

Civil Rights

A

are restrictions imposed on government to take positive action to protect citizens from any illegal action of the government as well as of other private citizens.

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4
Q

Exclusionary Rule

A

The requirement that evidence unconstitutionally or illegally obtained be kept out of a trial.

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5
Q

Interstate Compact

A

is an agreement among two or more states over a common issue or resource (e.g., river water management). The Constitution requires that Congress approve most such agreements.

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6
Q

Supremacy Clause

A

a constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national and state governments, the actions of the national government take priority.

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7
Q

Confederation

A

a constitutional arrangement in which sovereign states create a central government but carefully limit its power and do not give it authority over individuals.

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8
Q

Jim Crow Laws

A

state laws formerly pervasive throughout the South that discriminated against people on the basis of race.

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9
Q

Habeas Corpus

A

a court order requiring explanation to a judge why a prisoner is held in custody.

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10
Q

Eminent Domain

A

the power of the government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for the property taken.

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11
Q

Poll Tax

A

a payment required as a condition for voting; prohibited for national elections by the 24th Amendment and ruled unconstitutional for all elections in Harper v Virginia Board of Elections (1966).

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12
Q

Republic

A

a form of government based on elected representatives.

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13
Q

Necessary and Proper Clause

A

Article I Section 8 clause that serves as the basis for implied powers.

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14
Q

Simple Majority

A

type of election in which a candidate must receive 50% plus one vote in order to win.

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15
Q

Plurality

A

A election system in which most votes wins.

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16
Q

Marbury v Madison

A

An important court case that established the power of judicial review by the Supreme Court over acts of Congress.

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17
Q

Federation

A

A way of organizing a country so that two levels of government have authority over the same land and people. It is a system of shared power between units of government.

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18
Q

Unitary

A

A way of organizing a state so that all power resides in the central government (e.g., Great Britain).

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19
Q

Enumerated/Expressed Powers

A

Powers of the federal government that are specifically addressed in the Constitution (see Article I Sec. 8).

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20
Q

Laswell’s Definition of Politics

A

The competition over who gets what, when and how.

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21
Q

Founding Fathers’ View of Human Nature

A

Humans are basically self-interested.

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22
Q

Ex Post Facto Law

A

A law that inflicts punishment for actions that were not illegal when committed (Unconstitutional)

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23
Q

Double Jeopardy

A

Trying a person for the same crime twice at the same level of government and is prohibited by the Constitution

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24
Q

Privileges and Immunities Clause

A

A constitutional doctrine that a state cannot discriminate against someone from another state or give its own residents special considerations.

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25
Incorporation Doctrine
A constitutional doctrine whereby selected parts of the Bill of Rights are made to apply to the states through the DUE PROCESS CLAUSE of the Fourteenth Amendment.
26
Brown v Board of Education
Supreme Court case that overturns Plessy v Ferguson and prohibited states from using race as a basis of discrimination
27
Checks and Balances
Mechanisms through which each branch of government is able to participate in and influence the activities of the other branches
28
Separation of Powers
The division of governmental power among several institutions that must cooperate in decision making
29
Full Faith and Credit Clause
A provision, from Article IV, Section 1, of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state
30
Virginia Plan
A plan offered at the constitutional convention that called for representation in the legislature based on population of each state
31
New Jersey Plan
A plan offered at the constitutional convention that called for equal representation for the states in the legislature
32
Connecticut Compromise
Compromise plan adopted at the constitutional convention that created a bicameral legislature. One body would be based on population (House) and the other gave equal representation to the states (Senate)
33
Plessy v Ferguson
Supreme Court case that established the separate but equal doctrine and paved the way for Jim Crow laws
34
Amending the Constitution
Article 5 Process- how government can change the fundamental rules established (e.g., the Bill of Rights) Propose: 2/3 House and 2/3 Senate OR 2/3 States call on Congress to call a Constitutional Convention Ratify: 3/4 State Legislatures OR 3/4 State conventions
35
Treaty Process
President has sole power to negotiate, Senate ratifies with 2/3 vote
36
Impeachment Process
Process by which public officials are removed from office. The House impeaches, the Senate tries the case and may remove an official with a 2/3 vote
37
Article One
Legislative Power
38
Article Two
Executive Power
39
Article Three
Judicial Power
40
Article Four
States Relations
41
Article Five
Amending the Constitution
42
Article Six
Supremacy Clause
43
Article Seven
Ratification (9 states)
44
Redistricting Process
A process that occurs every 10 years to reapportion the House of Representatives based on the Census. The states are responsible for this and often draw the lines in such a way as to favor one party, group or race (i.e., Gerrymandering).
45
Filibuster
A tactic used in the Senate to prevent action on legislation by continuously holding the floor and talking until the majority backs down. Requires cloture to end with a 3/5 majority.
46
Power of the Purse
Power possessed by the House of Representatives which means that all money bills must originate there.
47
Power to Declare War
Congress (Article 1 Section 8)
48
Commander in Chief
President (Article 2 Section 2)
49
Judicial Review
The power of the Supreme Court to declare acts of Congress and the President unconstitutional and established by Marbury v Madison
50
Age to be President
35
51
Age to be Senator
30
52
Age to be in House of Representatives
25
53
Type of Citizen to be President
Natural Born
54
Type of Citizen to be member of Congress
Naturalized
55
President's Term
4 years
56
Senator's Term
6 years Staggered
57
Representative's Term
2 Years
58
Fraction of the Senate elected every 2 years
1/3
59
Becomes President if President and Vice President Die
Speaker of the House
60
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
61
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
62
3rd Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
63
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
64
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
65
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have Assistance of Counsel for his defence.
66
7th Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
67
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and usual punishments inflicted.
68
9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny protected or disparage others retained by the people.
69
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.