Test 1

Question 1

Judicial Review

Answer 1

The power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison (1803)

Question 2

Miranda Rights

Answer 2

Result of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation

Question 3

Prior Reatraint

Answer 3

An effort by a government agency to block the publication of material it seems libelous or harmful in some way

Question 4

Supremacy Clause

Answer 4

A clause of Article VI or the Constitution that states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any division

Question 5

Checks and Balances

Answer 5

The mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

Question 6

Pork-Barrel Legislation

Answer 6

The appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election

Question 7

Civil Liberties

Answer 7

The protections of citizens from improper governmental action

Question 8

Separation of Powers

Answer 8

The division of governmental power among several institutions that must cooperate in decision making

Question 9

Eminent Domain

Answer 9

The right of the government to take private property for public use, with reasonable compensation awarded for the property

Question 10

Privileges and Immunities Clause

Answer 10

The provision in Article IV, Section 2, of the Constitution stating that a state cannot discriminate against someone from another state or give Its own residents special privileges

Question 11

Principal-Agent Theory

Answer 11

The relationship between a principal and his or her agent. This relationship may be affected by the fact that each is motivated by self-interest, yet their interests may not be well aligned

Question 12

Politics

Answer 12

Conflict, Struggle, Cooperation and Collaboration over the leadership, structure, and policies of government

Question 13

Necessary and Proper Clause

Answer 13

Article I, Section 8, of the Constitution, which enumerates the powers of Congress and provides Congress with the authority to make all laws “necessary and proper” to carry them out; also referred to as the elastic clause

Question 14

Articles of Confederation

Answer 14

America’s first written constitution. Adopted by the Continental Congress in 1777, the Articles of Confederation and Perpetual Union were the formal basis for America’s national government until 1789, when they were superseded by the Constitution

Question 15

Public Good

Answer 15

A good that, first, may be enjoyed by anyone if it is provided and, second, may not be denied to anyone once it has been provided

Question 16

Reserved Powers

Answer 16

Powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states; these powers are reserved to the states

Question 17

Double Jeopardy

Answer 17

The Fifth Amendment right providing that a person cannot be tried twice for the same crime

Question 18

Clear and Present danger test

Answer 18

The criterion formerly used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

Question 19

Equal Protection Clause

Answer 19

The provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws”. This clause has been the basis for the civil rights of African Americans, Women, and other groups

Question 20

Intermediate Scrutiny

Answer 20

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

Question 21

Collective Action

Answer 21

The pooling of resources and the coordination of effort and activity by a group of people to achieve common goals

Question 22

Commerce Clause

Answer 22

The clause found in Article I, Section 8, of the Constitution, which delegates to Congress the power “to regulate Commerce with foreign Nations, and among the several Sates, and with the Indian Tribes”. This clause was interpreted by the Supreme Court to favor national power over the economy

Question 23

Due Process of Law

Answer 23

Proceeding according to law and with adequate protection for individual rights

Question 24

Dual Citizenship

Answer 24

The idea that American Citizens are both citizens of the nation and of the state

Question 25

Fighting Words

Answer 25

Speech that directly incites damaging conduct

Question 26

Free Exercise Clause

Answer 26

The First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

Question 27

Bill of Rights

Answer 27

The first 10 amendments to the US constitution, adopted in 1791. The Bill of Rights ensures certain rights and liberties to the people

Question 28

Concurrent Power

Answer 28

The authority possessed by BOTH state and national governments, such as the power to levy taxes

Question 29

Full Faith and Credit Clause

Answer 29

The provision in Article IV, Section 1 of the Constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state

Question 30

Civil Rights

Answer 30

The legal or moral claims that citizens are entitled to make on the government

Question 31

Affirmative Action

Answer 31

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

Question 32

Executive Privilege

Answer 32

The claim that confidential communications between the President and the President's close advisers should not be revealed without the consent of the President

Question 33

Exclusionary Rule

Answer 33

The ability of courts to exclude evidence obtained in violation of the Fourth Amendment

Question 34

Establishment Clause

Answer 34

The First Amendment clause that says "Congress shall make no law respecting the establishment of religion". This means that a wall of separation exists between church and state

Question 35

Expressed Powers

Answer 35

The powers enumerated in the Constitution that are granted to the federal government

Question 36

Institutions

Answer 36

The rules and procedures that provide incentives for political behavior, thereby shaping politics

Question 37

Shay's Rebellion

Answer 37

An attempt to counter foreclosure during Articles of Confederation, was a result of no nationalized currency and lack of national government power

Question 38

Fifth Amendment

Answer 38

Provides protection against self-incrimination and double-jeopardy. Implicative of Miranda Rights. Restricts the power of federal government, not as applicable to the states

Question 39

Dual Federalism

Answer 39

Strict division of power between Local and Federal government

Question 40

Cooperative Federalism

Answer 40

Supreme Court goes from 9 members to 15 | Rise in "Grants in aid"- funds from federal gov't to state and local gov'ts

Question 41

Regulated Federalism

Answer 41

Federal dictates national standards that states must meet or follow Unfounded Mandates- national standards or programs imposed on state and local gov't without additional funding

Question 42

New Federalism

Answer 42

Offers more discretion to the states Rise in Block Grants Unfounded mandates are reformed, courts interpret commerce clause

Question 43

Please v Ferguson

Answer 43

Upholds constitutionality of separate but equal, refuted in Brown v Board of Ed

Question 44

Brown v Board of Education

Answer 44

Declared that state laws separating schools based on skin color is unconstitutional. Overturned Plessy v Ferguson

Question 45

Autocracy

Answer 45

Rule of One

Question 46

Oligarchy

Answer 46

Rule of Land Owners, Military Officers and the Rich

Question 47

Democracy

Answer 47

Permits citizens to play a significant role in governmental process

Question 48

Theocracy

Answer 48

Rule by a religious group

Question 49

US vs Wong Kim Ark

Answer 49

Declares that any child born on United States soil is automatically a US citizen

Question 50

Lawrence v Texas

Answer 50

Made same-sex sexual activity legal in every US state and territory

Question 51

Roe v Wade

Answer 51

Right to privacy extends to a woman's decision to have an abortion

Question 52

Amendment Process

Answer 52

2/3 voter majority in both House and Senate as well as at least 38 states to approve and amendment to the constitution

Question 53

Voting Rights

Answer 53

Previously outlined only to land owning white men, it was later extended in the 3/5 compromise and later extended to full representation for all minorities and races above 18 years of age

Question 54

Sovereign Immunity

Answer 54

Legal doctrine by which the state cannot commit a legal wrong and is immune from civil suit or criminal prosecution

Question 55

Habeas Corpus

Answer 55

Legal action by which detainees can seek relief from unlawful imprisonment

Question 56

Freedom of Speech

Answer 56

Protected by the first amendment but does not include speech that is harmful in some way. Political speech is the MOST protected type of speech

Question 57

Selective Incorporation

Answer 57

Constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens outlined in the Bill of Rights

Question 58

Property Rights

Answer 58

Socially enforced constructs in economics determining how a resource or good can be used and owned. Can be owned by individuals, associations or governments.