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exam
| Term | Definition |
|---|---|
| Articles of Confederation (It was later replaced with the U.S. Constitution) | This doc was adopted by the 2nd Continental Congress in 1781 during the Revolutionary War to create a national gov. The new gov. was weak bc states held most of the power, & Congress lacked the power to tax, regulate trade, & control the coining of money. |
| Engel v. Vitale (1962) | separation between Church and State in schools. S.C. prayer in public schools is unconstitutional, violates separation of church and state and freedom of religion (First Amendment) |
| Miranda vs. Arizona, 1961 | This case proves that the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. |
| Mapp v. Ohio (1961) | Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts. |
| In Re Gault (1967) | 14th amendment Due Process Clause allows requirements for state delinquency proceedings. established the principle that young persons have constitutional rights |
| Bill | a statute in draft before it becomes law |
| Chief Justice | the judge who presides over the supreme court |
| Commander-in-Chief | The role of the president as the supreme commander of the armed forces of the United States. |
| Governor | highest ranking member of a state's executive branch |
| Reserved powers | powers not delegated to the fed. gov. ; examples: creating and maintaining an education system, creating local governments |
| Veto power | presidential power to stop a bill from becoming a law by rejecting it |
| impeachment | a formal document charging a public official with misconduct in office |
| presidential succession | l succession the order in which officials fill the office of president in case of a vacancy-1. Vice President, 2. Speaker of the House of Representatives, 3. President of the Senate Pro Tempore, ... |
| U.S. Supreme Court | 9 justices nominated by President, confirmed by Senate; highest court in the nation; hears only appeals; interprets Constitutional law |
| Intolerable Acts/Coercive Acts | A series of acts passed by the government in response to the Boston Tea Party. They caused outrage, as the colonists viewed the acts as a violation of their rights. This led to the creation of the First Continental Congress and the Revolutionary War. |
| Boston Tea Party | demonstration (1773) by citizens of Boston who raided three British ships in Boston harbor and dumped hundreds of chests of tea into the harbor; organized as a protest against taxes on tea. |
| Citizenship | Rights & responsibilities entitled to citizens belonging to a political state or country; only citizens can run for federal office (i.e. President, Congress) |
| Constitutional Convention | meeting of state delegates in 1787 to revise the Articles of Confederation, which produced the new U.S. Constitution |
| Electoral College | The president is elected by a majority of electoral votes. After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President. |
| Great Compromise | intro. by Roger Sherman; set up a bicameral Congress - upper house called Senate w/ each state getting 2 votes & a lower house called the House of Representatives w/ each state's representation based on its population- both the large & small states |
| 3/5 Compromise | compromise made when writing the Constitution to sastify both free and slave states; said for every 5 slaves, 3 would count in a state's population for both representation and tax purposes |
| Federalism | is the breaking of the gov't into Federal and state levels, each having certain powers |
| Checks and Balances | system of each branch of gov't having a power to check the power of the other to make sure no one branch becomes too powerful |
| Executive Branch | headed by the President and carries out the laws; also includes the Vice President and the Cabinet members |
| Two-Party System | An electoral system with two dominant parties that compete in national elections. Our two major parties are the Republicans and the Democrats. |
| Plessy v. Ferguson 1896 | Supreme Court case that ruled separate but equal public accommodations for the races was constitutional |
| Civic Duty | A belief that one has an obligation to participate in civic and political affairs. |
| Civic Responsibility | the responsibilities of a citizen, examples include voting, serving on juries, holding public office |
| Supremacy Clause | clause of the Constitution that says the Constittution is the highest law of the land. Article 6, Clause 2 |
| concurrent powers | powers shared by the state and federal government Ex: power to tax citizens |
| delegated powers | powers specifically stated in Article 1, Section 8 of the Constitution as being granted to Congress Ex: power to establish post offices, power to regulate commerce |
| Elastic Clause (Necessary and Proper Clause) | clause in Article 1, Section 8 of the Constitution that gives Congress the right to make all laws to carry out powers not expressly stated but necessary; cited in the Supreme Court landmark case McCulloch v. Maryland (1819) |
| enumerated/expressed/delegated powers | powers Congress has that are specifically stated in the Constitution Ex: power to coin money and set its value, power to declare wa |
| implied powers | powers Congress has that are not specifically stated in the Constitution |
| Judicial Branch | the branch of government that interprets the law; made up the U.S. Supreme Court and lower federal courts |
| Legislative Branch (Congress) | the branch that makes the laws; This is the branch the founders gave the most powers to because it is made up of many representatives elected directly by the people. |
| popular sovereignty | power lies with the people |
| Preamble to the Constitution | the opening section of the Constitution; brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve |
| President pro tempore of the Senate | Officer of the Senate selected by the majority party to act as chair in the absence of the Vice President who is the President of the Senate |
| House of Representatives | the lower legislative house of Congress; number of representatives from each state is based on population and each representative is elected by a district in their state; members serve 2 year terms |
| Speaker of the House of Representatives | the leader of the majority party who serves as the presiding officer of the House of Representatives |
| Senate | the upper house of the United States Congress with 100 members-2 from each state; Senators serve 6 year terms and represent all of their state's citizens |
| Free Exercise Clause | part of the first amendment explaining that you have the freedom to practice any religion of your choice |
| democracy | type of government where power is derived from the people and the people elect representation |
| Gideon Vs .Wainwright (1963) | state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys. |
| Tinker Vs.Des Moines (1968) | the court decided that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. |
| English Bill of Rights | Document written by English Parliament in 1689, designed to prevent abuse of power by English monarchs; parts of the U.S. Bill of Rights have foundation in that document |
| Mayflower Compact | 1620 - The first agreement for self-government in America. It was signed by the 41 men on the Mayflower and set up a government for the Plymouth colony (Pilgrims). |
| natural rights | rights people have by the virture of being human beings; both the Declaration of Independence and Constitution address the government's role in protecting these rights |
| Declaration of Independence | This doc. was written by Thomas Jefferson & adopted on July 4, 1776 estab. the 13 American colonies as independent states, free from rule by Great Britain. The preamble 1st section lists our unalienable rights: life, liberty and the pursuit of happiness. |
| U.S. Constitution | "Supreme law of the land" Was written at a Constitutional Convention in Phillidelphia in 1787. |
| Rule of law | No one is above the law; Everyone must follow the laws, regardless of their position of power. This was established by the Magna Carta in 1215. |
| due process of law | fair treatment through the normal judicial system |
| Equal Protection Clause | Clause in the 14th Amendment that forbids any state to deny to any person equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex. |
| Common Sense by Thomas Paine | pamphlet that advocated for the colonies declaring independence from Britain; supported the need for a democratic government where the people had representation |
| consent of the governed | The idea that our government derives its power from the people because we elect representatives to the legislative branch of government |
| Anti-Federalist Papers | a series of essays written to counter and defeat the proposed U.S. Constitution; argued against a strong central government and pushed for more protection of the people's rights |
| Social Contract Theory | The belief that people are free and equal by natural right, but will give up some freedom to give power to the government so that the government can protect their rights. |
| Supremacy Clause | Article VI of the Constitution, which makes the Constitution the supreme law of the land and states that states cannot pass laws that conflict with federal laws. |
| Judical Review (Marbury vs. Madison) | supreme court decides if laws passed by Congress or President are constitutional |
| mayor | head of a city's government elected by the people who are citizens of that city |
| Civil Rights Movement | movement in the United States beginning in the 1960s to establish civil rights |
| Selective Service Act | law requiring men to register for military service |
| American Revolution | war between Great Britain and its American colonies, by which the colonies won their independence |
| Popular Sovereignty | A belief that ultimate power resides in the people. The people rule. |
| Brown v. Board of Education (1954) | The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. |
| Dred Scott v. Sandford (1857) | 1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, did not free slaves |
| President | head of the executive branch; powers: enforces laws, signs/vetoes bills, negotiates treaties, nominates Supreme Court justices |
| Bush v. Gore (2000) | The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation |
| Hazelwood v. Kuhlmeier (1988) | The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. |
| McCulloch v. Maryland (1819) | Supreme Ct upheld the power of national gov. & denied the right of state to tax the fed bank using Constitution's supremacy clause. The Ct's broad interpretation of necessary & proper clause paved the way for later ruling upholding expansive fed. power |
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