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Flashcards in Part 1 Deck (106):
1

Articles of Confed

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

2

Bi-Cameral

a legislature with two houses

3

Bill of attainder

a declaration of guilt by a legislative body

4

Checks and Balances

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

5

Common Good

Governments are created for the benefit of society.

6

Concurrent Powers

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

7

Constitutional Convention

meeting held in Philadelphia to amend the articles of confederation

8

Declaration of Independence

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

9

Democracy

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

10

Direct Democracy

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

11

Economic Equality

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

12

Elite Theory

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

13

Enumerated Powers

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

14

Equality of Opportunity

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

15

Ex post facto

making something illegal after it's done

16

Great Compromise

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

17

Implied powers

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

18

Interstate commerce

business between states

19

Intrastate commerce

business within a state

20

John Locke

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

21

Limited Government

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

22

Natural Rights

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

23

Necessary and Proper Clause

Extends Congress's enumerated powers to helping powers

24

New Jersey Plan

offered in opposition to the Virginia plan. Equal representation

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