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First 9-weeks Gov.
Study Guide
| Question | Answer |
|---|---|
| Natural Rights | basic, universal rights that all people possess simply by being human, rather than rights granted by a government or law |
| Social Contract | an unwritten agreement where people give up a small amount of personal freedom in exchange for safety, order, and protection from their government or society |
| Popular Sovereignty | the political principle that the authority of a government is created and sustained by the consent of its people, who are the true source of all political power |
| Separation of Powers | a system that divides government responsibilities into distinct branches |
| Checks and Balances (and examples) | a system of government where each branch has the power to limit or control the actions of the other branches so that no single part becomes too powerful (ex. Legislative branch can override a president's veto with a two-thirds vote) |
| Federalism | a system of government where power is divided between a central (national) government and smaller local units, such as states or provinces |
| Republicanism | the belief that a country should be governed, where power rests with the people and their elected representatives rather than a king, queen, or hereditary ruling class |
| Participatory Democracy | a system of government where individual citizens have an active, direct voice in political decisions and public policies, rather than leaving choices solely to elected representatives |
| Pluralist Democracy | a system of government where political power rests with competing interest groups rather than a single individual, a small elite, or a strict majority rule |
| Elite Democracy | a system of representative government where a small, wealthy, and well-educated group of people holds the most influence over political decisions, while ordinary citizens mainly participate by voting in elections |
| Federalists | a person who supported the ratification of the U.S. Constitution and the creation of a strong national government |
| Anti-Federalists | a person or member of a political movement who opposed the ratification of the U.S. Constitution in 1787 and 1788, fearing that a strong central government would threaten state sovereignty and individual liberties |
| Faction | a smaller, organized group of people inside a larger organization, political party, or society who share distinct beliefs, goals, or interests that differ from the main body |
| Bill of Rights | the first 10 amendments to the U.S. Constitution |
| Bicameral Legislature | a lawmaking body that is divided into two separate chambers, assemblies, or houses |
| Articles of the Constitution (LEJSASR) | the main body and structural foundation of the U.S. Constitution, consisting of seven distinct sections that define how the federal government is organized, how power is divided, and how the nation operates |
| Declaration of Independence | the historic document approved by the Continental Congress on July 4, 1776, that announced the 13 North American colonies were breaking free from British rule to become an independent nation |
| Preamble of the Constitution | the short introductory paragraph at the beginning of the U.S. Constitution |
| Federalist 10 | an essay written by James Madison to convince people to ratify the U.S. Constitution |
| Federalist 51 | explains how the U.S. Constitution uses separation of powers, checks and balances, and federalism to prevent any single branch or group from becoming too powerful |
| Brutus 1 | an Anti-Federalist essay that argues against ratifying the Constitution because the proposed national government would become too large, too powerful, and too distant from the people |
| Gettysburg Address | a speech by Lincoln that redefined the American Civil War as a defining global test for human equality, liberty, and democratic self-government |
| Washington’s Farewell Address | a letter written by President George Washington in 1796 to announce his retirement and share final advice with the American people |
| Shays’ Rebellion | an armed uprising, due to heavy taxing, of indebted farmers and Revolutionary War veterans in western Massachusetts from 1786 to 1787 |
| Electoral College | the official system used in the United States to elect the president and vice president, rather than using a direct national popular vote |
| 3/5ths Compromise | a 1787 agreement at the U.S. Constitutional Convention that decided how enslaved people would be counted when calculating a state's total population |
| Great Compromise | a 1787 agreement during the U.S. Constitutional Convention that created the two-house (bicameral) U.S. Congress |
| Articles of Confederation | the first written constitution and plan of government for the United States |
| Freedom of religion and expression (1st amendment) | Separation of church and state; you can criticize the government |
| Bear Arms (2nd amendment) | You can own a firearm for defense of yourself and the state |
| Quartering troops (3rd amendment) | You cannot be forced to house and feed soldiers |
| Search and seizure (4th amendment) | The government must have probable cause and a warrant to search you or your property for evidence of a crime |
| Remain silent, double jeopardy (5th amendment) | You cannot be forced to testify in court against yourself, you cannot be charged for the same crime twice |
| Trial by jury in criminal cases (6th amendment) | You must be found guilty beyond a reasonable doubt by 12 of your peers, not just one judge |
| Trial by jury in civil cases (7th amendment) | You must be found guilty beyond a reasonable doubt by 12 of your peers, not just one judge if you are being sued or suing someone |
| Excessive bail, cruel and unusual punishment (8th amendment) | Punishments must fit the crime and cannot be inhumane |
| Unlisted rights (9th amendment) | These are not all of your rights |
| Powers reserved to states (10th amendment) | Powers not listed in the Constitution belong to the states (marriage, education, criminal law, etc) |
| Civil Liberties | basic, natural freedoms guaranteed by law that protect individuals from unfair or overreaching government interference |
| Judicial Review | the power of courts to examine laws, rules, or government actions and cancel them if they violate the constitution |
| Free Exercise Clause | the part of the First Amendment to the U.S. Constitution that protects people's right to practice any religion—or no religion at all—without the government stopping them |
| Establishment Clause | is the part of the First Amendment of the U.S. Constitution that states: "Congress shall make no law respecting an establishment of religion." |
| Symbolic Speech | communicating an idea or message without using spoken or written words |
| Libel | a false statement published in writing, print, pictures, or online that harms a person's or organization's reputation |
| Slander | a false spoken statement that hurts a person's reputation |
| Prior Restraint | government action that stops speech, news, or other expression before it happens |
| Capital Punishment | the legal execution of a person by the state as punishment for a serious crime |
| Selective Incorporation | the Supreme Court's case-by-case process of applying the U.S. Bill of Rights to state governments using the Due Process Clause of the Fourteenth Amendment |
| Due Process | the legal requirement that the government must respect all legal rights owed to a person, ensuring fair treatment through the normal judicial system before taking away life, liberty, or property |
| 14th Amendment Due Process Clause | a constitutional rule that prohibits state governments from taking away a person's life, liberty, or property without fair, legal procedures |
| Miranda Rights | the constitutional warnings that police officers must read to a person before questioning them while they are in police custody |
| Self incrimination | the act of saying or doing something that suggests your own involvement in a crime or exposes you to criminal prosecution |
| Engel v. Vitale | ruled state-sponsored prayer in public schools is unconstitutional |
| Wisconsin v. Yoder | ruled that the state of Wisconsin could not force Amish children to attend school past the eighth grade |
| Tinker v. Des Moines | ruled that public school students do not lose their First Amendment right to freedom of speech just because they are at school |
| New York Times v. US | ruled that the government could not block newspapers from publishing classified Vietnam War documents. |
| Schenck v. US | ruled the government can limit free speech if it creates a "clear and present danger" of a serious evil that Congress has a right to prevent |
| McDonald v. Chicago | ruled that the Second Amendment right to keep and bear arms for self-defense applies to state and local governments, not just the federal government |
| Gideon v. Wainwright | ruled that state courts are required under the Sixth Amendment to provide a free lawyer (public defender) to criminal defendants who cannot afford to pay for one |
| Examples of Right to Assembly | the legal freedom of people to gather peacefully in public or private spaces to share ideas, protest, worship, or form organizations without government interference |
| Examples of Right to Petition | Political Petitions, Legal Petitions, and Public Purpose Petitions |
| Examples of Substantive Due Process | Right to Privacy & Contraception, Right to Marriage, and Right to Refuse Medical Treatment |
| Examples of Procedural Due Process | Public School Suspension,Termination of Welfare Benefits, and Criminal Trial |
| Examples of Exclusionary Rule | Illegal Traffic Stop & Drug Seizure |
| Examples of Implied Right to Privacy | Roe v. Wade and Griswold v. Connecticut (1965) |
| Examples of Time, Place and Manner Restrictions | Banning loud street protests in neighborhoods during late-night and early-morning sleeping hours,Restricting loud gatherings immediately outside of hospitals, courtrooms, or active school buildings to prevent disruption of essential services |
| Consequences of USA PATRIOT Act | significantly expanded federal law enforcement and intelligence powers to combat terrorism |
| Consequences of USA Freedom Act | Ended Bulk Phone Metadata Collection, Shifted to Telecom-Held Data, and Targeted Search Requirements |
| Consequences of Stellar Wind | major consequences for individual stars, planetary systems, and the evolution of galaxies |
| Consequences of Griswold v. Connecticut | Creation of the Right to Privacy, overturned State Laws, and created Substantive Due Process |
| Consequences of Roe v. Wade | State-Level Bans and Restrictions, Interstate Travel and Telehealth, and Legal Liability |
| Consequences of Dobbs v. Jackson Women’s Health | created Abortion Bans and Restrictions and introduced Criminal and Civil Penalties |
| Consequences of Lemon v. Kurtzman | short and long-term consequences for American constitutional law, church-state relations, and public education funding |
| 14th Amendment - Equal Protection Clause | intended to stop states from discriminating against blacks |
| Exclusive powers | authority and legal controls that belong to only one level of government or a single branch, and cannot be shared with or used by any other level |
| Reserved powers | political powers that the Constitution does not give to the federal government or deny to the states |
| Implied powers | political and legal powers granted to the U.S. government that are not directly written in the U.S. Constitution, but are assumed to exist so Congress can carry out its official duties |
| Necessary and Proper Clause (aka Elastic Clause) | gives Congress the power to pass any law needed to carry out its listed (enumerated) powers |
| Concurrent powers | political and legal powers shared by both the state governments and the federal government |
| Devolution | the act or process in which a central or national government transfers power, authority, or responsibilities down to local, regional, or state governments |
| Revenue Sharing | a system where two or more parties divide the total income or top-line revenue generated from a product, service, or business activity based on a set formula |
| Block grants | a fixed sum of money given by the federal government to state or local governments to fund broad public purposes, such as community development, health services, or law enforcement |
| Categorical grants | is money given by the federal government to state and local governments that must be spent on narrowly defined, specific purposes |
| Mandates | an official order, rule, or authorization that gives a government the right, power, or duty to do something |
| Dual federalism | a system of government where power is strictly divided between the national and state governments in separate, non-overlapping spheres of authority |
| Cooperative federalism | a system of government in which national and state governments share power, work together, and overlap responsibilities to address common policy goals, rather than operating in separate, independent spheres |
| Commerce Clause | gives Congress the power to regulate business and trade with foreign nations, among the several states, and with Indian tribes |
| Argumentation of Federalist 39 | argued that the proposed U.S. Constitution establishes a republican form of government and is neither purely national nor purely federal, but a compound of both |
| Argumentation of Majority opinion in McCulloch v. Maryland | argued that Congress has the implied power to charter a national bank under the Necessary and Proper Clause and that individual states cannot tax federal instrumentalities because national law is supreme |
| Argumentation of Majority opinion in US v. Lopez | argued that the 1990 Gun-Free School Zones Act was unconstitutional because it exceeded Congress's power under the Commerce Clause |
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