Quiz 1 Review - 5/21 Flashcards Preview

LAS101 - Intro to Law > Quiz 1 Review - 5/21 > Flashcards

Flashcards in Quiz 1 Review - 5/21 Deck (23)
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75
Q

Define

Bill of Rights

A

The first ten amendments to the US Constitution, ratified in 1791, concerned primarily with individual rights and liberties.

76
Q

Define

bills of attainder

A

a legislative act imposing punishment without trial upon persons deemed guilty of treason or felonies. (Prohibited by US Const.)

77
Q

Define

checks and balances

A

Refers to constitutional powers granted each branch of government to prevent one branch from dominating the others.

79
Q

Define

coercive federalism

A

Refers to the efforts by the federal government to use its spending power to induce the states to adopt policies they would not otherwise adopt, such as raiding the legal drinking age to twenty-one

83
Q

Define

cooperative federalism

A

A modern approach to American federalism in which powers and functions are shared among national, state and local authorities

90
Q

Define

dual federalism

A

A concept of federalism in which the national and state governments exercise authority within separate, self-contained areas of public policy and public administration

91
Q

Define

due process of law

A

Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty or property

93
Q

Define

enumerated powers

A

Powers specified in the text of the federal and state constitutions.

94
Q

Define

equal protection of the laws

A

Constitutional requirement that the government not engage in prohibited forms of discrimination against persons under its jurisdiction

95
Q

Define

ex post facto laws

A

A retroactive law that criminalizes actions that were innocent at the time they were taken or increases punishment for a criminal act after it was committed

98
Q

Define

executive power

A

The power to enforce the law and administer the government

101
Q

Define

federalism

A

Constitutional distribution of government power and responsibility between the national government and the states

110
Q

Define

impeachment

A

A legislative act bringing a charge against a public official that, if proven in a legislative trial, will cause his or her removal from public office OR impugning the credibility of a witness by introducing contradictory evidence or proving his or her bad character

111
Q

Define

implied powers

A

Powers not specifically enumerated by implied by an instrument such as a constitution, statute or contract

114
Q

Define

intentions of the Framers

A

The intentions of the Framers of the United States Constitution with respect to the meanings of its provisions

115
Q

Define

judicial activism

A

Defined variously, but the underlying philosophy is that judges should exercise power vigorously

116
Q

Define

judicial review

A

Generally, the review of any issue by a court of law. In American constitutional law, judicial review refers to the authority of a court to invalidate acts of government on constitutional grounds

119
Q

Define

the living Constitution

A

The idea that original intent should not control contemporary decision making but that the meaning should evolve according to the “felt necessities” of the times

122
Q

Define

power of the purse

A

Refers to Congress’ ability to pull funding , its most effective means of controlling a President’s ability to sustain a long war effort in the face of public disapproval

129
Q

Define

right of privacy

A

Right to be let alone, that is free from governmental interference

132
Q

Define

right to keep and bear arms

A

Right to posses certain weapons, protected against federal infringement by the 2nd Am.

135
Q

Define

separation of church and state

A

The 1st Am states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The SC has sometimes used a “wall of separation” metaphor, per Thomas Jefferson, to describe the relationship.

136
Q

Define

separation of powers

A

Constitutional assignment of legislative, executive, and judicial powers to different branches of government