Part 1 Flashcards

(106 cards)

1
Q

Articles of Confed

A

the first document that governed the United States after the end of the revolutionary war

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2
Q

Bi-Cameral

A

a legislature with two houses

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3
Q

Bill of attainder

A

a declaration of guilt by a legislative body

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4
Q

Checks and Balances

A

in order to prevent tyranny, power must be separated among the various institutions of government

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5
Q

Common Good

A

Governments are created for the benefit of society.

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6
Q

Concurrent Powers

A

the rights and responsibilities are shared between the federal and state governments

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7
Q

Constitutional Convention

A

meeting held in Philadelphia to amend the articles of confederation

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8
Q

Declaration of Independence

A

Jefferson’s document that relies heavily on the lockian ideas of natural rights and the social contract theory

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9
Q

Democracy

A

a system of government that is based on the preferences of its citizens

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10
Q

Direct Democracy

A

a system of government where the majority view of the citizens controls

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11
Q

Economic Equality

A

an idea that everyone should have an equal share of the benefits in our society. think communism

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12
Q

Elite Theory

A

a system of government that is based on the idea that there is a select few in a society that should govern. Ruling aristocracy

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13
Q

Enumerated Powers

A

those powers that are specifically listed in the Constitution. Right there

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14
Q

Equality of Opportunity

A

a cornerstone belief in our society. The idea that everyone has the ability to succeed in our county.

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15
Q

Ex post facto

A

making something illegal after it’s done

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16
Q

Great Compromise

A

the resolution that resolved most of the major disputes at the convention

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17
Q

Implied powers

A

those powers assumed by various agents in our government over time that are not specifically enumerated in the constitution

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18
Q

Interstate commerce

A

business between states

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19
Q

Intrastate commerce

A

business within a state

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20
Q

John Locke

A

natural rights philosopher, life, liberty, property, social contract theory

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21
Q

Limited Government

A

an idea that a federal government has very specific powers. It can only do what the Constitution says it can.

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22
Q

Natural Rights

A

those rights that are guaranteed because we are human; life liberty property

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23
Q

Necessary and Proper Clause

A

Extends Congress’s enumerated powers to helping powers

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24
Q

New Jersey Plan

A

offered in opposition to the Virginia plan. Equal representation

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25
Policymaking Institutions
those parts of our government that make policy...do the work of our government...Legislative, Executive, Judiciary, Bureaucracy
26
Popular Sovereignty
Government is controlled and created by the people
27
Preamble
first part of the Constitution. It sets out the goal of the document
28
Reserved Powers
those powers that were not specifically given to the federal government by the Constitution and are retained by the states
29
Separation of Powers
The idea in the Constitution that power is divided among the branches
30
Shays Rebellion
uprising between the haves and have nots
31
Social Contract Theory
when entering into a society, an individual gives up the rights to a governmental unit for the protection of the government
32
Unicameral
one house legislature
33
Virginia Plan
strongly favored big states
34
Virginia Bill of Rights
Mason's document, used by Jefferson...based on Locke
35
3/5 Compromise
Procedure for counting slaves. Strongly favors big states
36
Amendment Process
describes how the constitution can be amended. 2/3-2/4
37
Commander and Chief
power given to the president that indicated that he is the head of the military
38
Formal powers
those powers given to the president over time by Congress
39
Full faith and credit
the requirement that each state must give legal effect to the judgements and ruling of another state
40
High Crimes and Misdemeanors
standard for which a president can be impeached
41
Impeachment
the process of removing the president from office
42
Privileges and Immunities
the concept that foreign citizens to a state are entitled to the same rights and protections of "home" citizens of the traveled to state
43
Block Grants
$ without any restrictions. BROAD
44
Categorical Grants
$ for a specific purpose
45
Confederate government
all states are sovereign | our original government
46
Conditions of Aid
terms that states must meet to get cash
47
Cooperative fed
a system of government in which powers and policy assignments are shared between the state and federal government (marble cake federalism)
48
Devolution
turning back to the states things that used to be federal government power
49
Dual Federalism
the national government is supreme in its sphere, the states are supreme in theirs (old style federalism--layer cake federalism)
50
Extradition
bring back criminal to state where crime was committed
51
Federal Government
a government where sovereignty is shared between the states and federal government
52
Fiscal Federalism
$ relationship between the state and federal government
53
Formula Grants
$ from fed to state for a specific purpose distributed with a formula
54
Gubernatorial
the state governor or pertaining to the governor's office
55
Grants-in-aid
money given by the national government to the states
56
Initiative
state ballot measure that permits voters to put legislative measures directly on the ballot
57
Intergovernmental relations
the working of the federal system--the entire set of interactions among national, state, and local governments
58
Mandates
terms set by the national government that states must meet whether or not they accept federal funds
59
Marble Cake Federalism
term used to describe the growth of the federal government at the expense of the state government
60
Police Power
state power to enact laws promoting health, safety, and morals
61
Project Grants
federal categorical grants given for specific purposes and awarded on the basis of the merits of the applications
62
Recall
Enables state voters to remove an elected official from office
63
Referendum
enables voters to reject laws passed by the legislaure
64
Reserved Powers
those powers retained by the states through the Constitution and the 10th Amendment
65
Revenue Sharing
federal sharing of a fixed percentage of its revenue with the states
66
Sub national entities
state and local governments
67
Term Limits
a state initiative to limit the amount of time an elected official can serve in government
68
Unfunded Mandates
order by the federal government but no grant is given
69
Unitary Government
a government where sovereignty is wholly in the hands of the national government
70
Amicus Curiae briefs
literally "friend of the court"
71
Appeal
the process by which the decision of a lower court is reviewed by a higher court
72
Case and Controversy
the requirement that there must be an actual dispute for the Supreme Court to accept a case
73
Class action
a lawsuit where people with like claims are joined together
74
Defendant
the person to whom an action is brought against
75
Diversity of Jurisdiction
It is a case between citizens of different states.
76
Habeus Corpus
Bring the body
77
Judicial Activism
judges make bold policy decisions
78
Judicial Restraint
Supreme Court should defer to the other branches of government as much as possible
79
Judicial implementation
how decisions become policy. Courts have no enforcement power
80
Jurisdiction
the power or authority to hear a case or decide a matter
81
Justiciable
the rule that the suit must be something that can be decided
82
Loose Construction
a judicial philosophy that interprets the Constitution broadly
83
Original intent
the Constitution should be interpreted according to the intent of the founding fathers
84
Parties
the individuals involved in a lawsuit
85
Plaintiff
person who brings the action
86
Precedent
how similar cases have been decided in the past
87
Rule of 4
standard used by the Supreme Court when accepting a case for consideration
88
Senatorial Courtesy
an unwritten rule whereby the president would defer to a senator to fill a judicial vacancy from that senator's state
89
Solicitor General
represents the United States in all appealate cases
90
Standing
a party to a lawsuit must have a "stake" in the outcome
91
Stare Decisis
"let the decision stand"
92
Strict Construction
Narrow interpretation of the constitution
93
Writ of Certiorari
appeal to the Supreme Court
94
Clear and Present Danger Test
words can be actionable if they have a likelihood to produce imminent unlawful action
95
Exclusionary Rule
Evidence that is obtained in violation of the Constitution is barred from introduction at a criminal trial
96
Eminent domeign
the taking of property by the government for public use
97
Prior Restraint
the government's prevention of the printing and distribution of information
98
Selective Incorporation Doctrine
the process by which the Supreme Court, in a case by case basis, using the Due Process clause of the 14th amendment, makes certain provisions of the Bill of Rights applicable to the states
99
Due Process Clause
those rights that Americans deem fundamental are protected
100
Exclusionary Rule
Kicking out of evidence that was illegally obtained
101
Eminent Domeign
the taking of property by the government for public use
102
wall of separation
a barrier between government and religion
103
warrant
an order by a judge to search or arrest
104
defacto segregation
segregation by choice or circumstance
105
dejure segregation
segregation by law
106
Jim Crow laws
segregated public places on account of race