Test #1 Terms

Question 1

Purposes of Government

Answer 1

To preserve order, recognize and protect freedoms/rights, provide public goods, and to promote equality.

Question 2

Republicanism

Answer 2

As understood by James Madison and the framers, the belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government.

Question 3

Liberalism

Answer 3

The idea that individuals are born with natural rights; supports equality and liberty

Question 4

Declaration of Independence

Answer 4

A document declaring the freedom of America as a nation.

Question 5

Social Contract

Answer 5

An agreement in which individuals surrender some rights to a governing body in exchange for protection of their basic human rights.

Question 6

Natural Rights

Answer 6

Rights that individuals possess that are considered God-given or a just part of their birthright.

Question 7

Articles of Confederation

Answer 7

The first attempted outline of American government. Focused primarily on limited authority for the national government, and more rights for state governments.

Question 8

The Great Compromise

Answer 8

Created as a result of the Virginia Plan and the New Jersey Plan. States that each state will have 2 representatives in the Senate; reps in House of Representatives corresponds to the population.

Question 9

Supremacy Clause

Answer 9

National law trumps state law if the two ever conflict.

Question 10

Faction

Answer 10

Groups of like-minded people trying to get something from the government.

Question 11

The Federalist Papers

Answer 11

A series of 85 articles written by Alexander Hamilton, James Madison, and John Jay that sought to sway public opinion toward the Federalists’ position.

Question 12

Federalist Paper #10

Answer 12

Discusses the dangers of factions (interest groups), and explains how a strong national government can help to eliminate the negative effects of factions.

Question 13

Federalist #51

Answer 13

Addresses the importance of checks and balances within the government, as well as the benefits of a separation of powers.

Question 14

Federalism

Answer 14

A form of government that divides sovereign power across at least two political units (national and state governments).

Question 15

Unitary Policy

Answer 15

A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.

Question 16

Nullification

Answer 16

A legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional

Question 17

Delegated Powers

Answer 17

Powers of Congress established in the Constitution.

Question 18

Concurrent Powers

Answer 18

Areas of policy that are the shared responsibility of federal, state, and local governments.

Question 19

Reserve powers

Answer 19

Powers that are not given to the national government by the Constitution, or not prohibited to the states, are reserved by the states or the people.

Question 20

10th Amendment

Answer 20

Ensures that all powers not delegated to the national government are reserved to the states or the people.

Question 21

Unfunded Mandates

Answer 21

Federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies.

Question 22

Categorical Grants

Answer 22

Federal aid to state or local governments that is provided for specific purpose, such as a mass transit program within the transportation budget or a school lunch program within the education budget.

Question 23

Block Grant

Answer 23

Federal aid provided to a state government to be spent within a certain policy area, which the state can decide how to spend within that area.

Question 24

Necessary and Proper Clause

Answer 24

Grants Congress the power to pass all laws related to one of its expressed powers; also known as the elastic clause.

Question 25

Civil Liberties

Answer 25

Political freedoms that protect citizens from government abuse; include the right to assemble, protest, worship freely, and keep certain matters private.

Question 26

The Bill of Rights

Answer 26

10 protections of individual liberties; ratified in order to satisfy the concern that the government would be too strong and would restrict the civil liberties of the country.

Question 27

Incorporation

Answer 27

Specific protections from the Bill of Rights were incrementally applied to the states in a series of cases decided by the Supreme Court.

Question 28

Free Exercise Clause

Answer 28

Prohibits Congress from interfering with religious practice

Question 29

Establishment Clause

Answer 29

Prohibits Congress from making a law that favors or establishes any religion.

Question 30

Church-State Separation

Answer 30

The separation between organized religion and national/state government.

Question 31

Miranda Rights

Answer 31

Protects suspects from making confessions unless they are aware that it is a free choice.

Question 32

Exclusionary Rule

Answer 32

Prohibits illegally collected evidence from being admitted in court, no matter how compelling the evidence is. This is incorporated into state law as well.

Question 33

Privacy Rights

Answer 33

Never explicitly mentioned in the Constitution; vulnerable to changed in the composition of the Supreme Court.

Question 34

Barron v. Baltimore

Answer 34

City ruined Barron's wharf by depositing sand into it; made it impossible to dock boats there. State found the city unconstitutionally deprived him of property, $4500 in damages; repealed by SC because Bill of Rights does not apply to states

Question 35

Engle v. Vitale

Answer 35

Prayer in school (NY State Board of Regents); parents complained; unconstitutional because they're not allowed to force religious views on anyone

Question 36

Everson v. Board of Education

Answer 36

Parents of private and public school students reimbursed for public transportation costs; not unconstitutional because the government was not supporting any one religion.

Question 37

Employment Division v. Smith

Answer 37

Native Americans fired for doing peyote (religious ritual); denied unemployment compensation; court ruled in favor because the rule against drug was not against religion

Question 38

Clear and Present Danger

Answer 38

If any act appears to put an individual in "clear and present danger" then the act can be considered illegal. If it does not meet this criteria, it is considered first amendment right.

Question 39

Mapp v. Ohio

Answer 39

Evidence illegally obtained (porn); woman could not be arrested because there was no search warrant

Question 40

Miranda v. Arizona

Answer 40

Man accused of rape; was not told that he had the right to remain silent, anything you say can and will be used against you, etc.

Question 41

Roe v. Wade

Answer 41

Abortion rights; decided a right to privacy under the due process clause of 14th amendment extended to a woman's decision to have an abortion

Question 42

Gitlow v. New York

Answer 42

Published "Left Wing Manifesto"; convicted because this advocated the violent overthrow of the government; 14th amendment rights does not extend that far

Question 43

Gideon V. Wainwright

Answer 43

State courts are required under 14th amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys

Question 44

Griswold v. Connecticut

Answer 44

Use of contraceptives was made legal because the law making them illegal violated marital privacy

Question 45

Belief-Action Distinction

Answer 45

Distinction made between permitting a person to follow a particular belief and at the same time permitting the state to intervene whenever it finds it necessary to protect others from the practices of that belief.

Question 46

McCulloch v. Maryland

Answer 46

Congress has the right (implied) to create banks; Maryland had no right to place tax on national banks

Question 47

Alien and Sedition Acts

Answer 47

Aliens be citizens for 14 years before acquiring citizenship, authorize President to deport dangerous aliens during peacetime, allows wartime arrest, imprisonment, and deportation of any alien subject to enemy power, treasonable activity punishable by fine and imprisonment