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Govt. Exam 2
| Question | Answer |
|---|---|
| John Locke | Locke was a proponent of social contract theory, which holds that governments exist based on the consent of the governed. |
| Thomas Hobbes | Proponent of the social contract - more conservative side |
| Royal Commissions | Written contract Between the King and a corporation |
| Magna Carta | -Written Contract -Limits the arbitrary power of the King -No freedom shall be taken, imprisoned,... except by lawful judgement. |
| Royal charters | Written contract, Between the King and a group of colonists |
| Proprietary charters | Written contract Between the King and an individual “We do grant full, free, and absolute power. . . To [William Penn]. . . for the good and happy government of said country.” |
| Charter Oak Affair | King James2 revoked Connecticut charter.Sir Edmund Andros demanded that the colonists return the charter. In response,Wadsworth hid it in an oak tree. After the Revolution,the charter was taken out &used as the law of the colony. |
| Common Sense | Sound judgment not based on specialized knowledge; native good judgment. Thomas Paine |
| Shays’ Rebellion | A 1786 rebellion in which an army of 1,500 disgruntled and angry famers leb by Daniel Shays marched to Springfield, Massachusettes, and forcibly restrained the state court from foreclosing mortages on their farms. |
| Popular sovereignty | To be obedient - worthy, governments and leaders must prove -To the People -That the people conferred the power they are using |
| Theoretical framework of the Constitution | Rule of law, social contract, limited government, representative government, natural rights, political equality, legal equality |
| Rule of law | The rule of law requires the government to exercise its power in accordance with well-established and clearly written rules, regulations, and legal principles. |
| social contract | Agreement between the people and the government - to give up freedoms and money (taxes), for the government to protect and keep us safe. And the governemnt will use the money for the common good. |
| limited government | The governemnt should only have as much power as the people are willing to give it. We restrict the governments power by dividing up the power through checks and balances so they can do nothing alone - we're limiting the power so no branch has too much. |
| representative government | Generally interpreted to refer to a form of government where a legislature with significant decision-making powers is freely elected. It is also sometimes argued that representatives should reflect the social and gender composition of the electorate. |
| natural rights | Life, Liberty, and the persuit of happiness (property). Our rights came from the creater and no one can take them away. |
| political equality | We are a notion of laws, not men. The principal that all citizens are the same in the eyes of the law |
| legal equality | We're not all the way there yet, but we're working on it. Nen and Women are not copletly equal, because if we were, we would all have to use the same bathroom and women could be drafted. |
| Ratification of Constitution | Consent of 9 states required |
| Federalists | Those who favored a stronger national government and supported the proposed U.S. Constitution; later |
| Plaintiff | The one who is injured/hurt |
| Defendant | The one who is being tried/ who did something wrong |
| Amicus curiae brief | "friend of court" not involved, but care about the case |
| Structure of the federal courts | Supreme Court, Trial Courts, Appellate Courts. |
| Procedure for appealing a case to the US | 1) District Court 2) Circuit court of Appeals 3) Supreme Court |
| Federal question | |
| Diversity | The fact or quality of being diverse; difference. |
| Judicial Review | power of the courts to review acts of other branches of government and the states |
| Chief Justice of the US Supreme Court | John Roberts- Conservative |
| Concurring Opinion | Justice writes "Agree with result, but heres what I believe..." |
| Dissenting Opinion | Justice writes "I don't agree with result or reasons and heres why..." |
| Majority Opinion | at least 5 justices agree |
| Strict constructionism | want to follow the laws as written (Conservative) |
| Broad constructionism | want to follow the intent or purpose of law (Liberal) |
| Original Intent | (dead) found that fathers said what they meant (Conservative) |
| Modernism | (alive) we will tell you what the law means today (Liberal) |
| How we keep judges and justices independent | |
| Civil Liberties | Our natural rights that government cannot take away and are expected to protect |
| Incorporation doctrine | An interpretation of the Constitution that holds that the due process clause of the 14th amendment requires that state and local governments must also guarantee the rights stated in the Bill of Rights |
| Selective incorporation | a judicial doctrine whereby MOST BUT NOT ALL of the protections found in the Bill or Rights are made applicable to the states via the 14th amendment |
| Substantive due process | judical interpretation of the 5th and 14th amendments due process clause that protects citizens from writing laws that violates persons rights |
| Procedural due process | cant enforce law in way that violates person rights |
| Free exercise clause | the second clause of 1st amendment prohibits US government from interfering with a citizens right to practice his or her religion |
| Establishment clause | cant have national/state church cant favor or discriminate against religious group |
| Lemon Test | Is a three‐pronged test employed by the Supreme Court in deciding Establishment Clause disputes, such as state aid to parochial schools, public financing of religious displays, and school prayers and Bible reading. |
| Preferred position | Circle of things that are preferred you say |
| Slander | spoken lie, communicate it, person you lied about is damaged (Out of Preferred Position) |
| Libel | published/written lie and the person got hurt (Out of Preferred Position) |
| Commercial Speech | can advertise, but must be regulated (In and out of preferred position) |
| Obscenity | (Out of preferred position) |
| Sedition | encouraging people to be disloyal to the government (In and out of preferred position) |
| Symbolic Speech | signs, clothing, actions |
| Context | |
| Judicial philosophy | |
| Prior Restraint | Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact |
| Freedom of Assembly | Congress shall make no law abridging right of people peacefully to assemble |
| SuperPAC | organization that puts ads up to tell who/who not to vote for Independent of parties |
| Limitations of the First Amendment freedoms | If may be terrorist, no 4th, 6th, 8th amendments or articles 1 (habeaus corpus limited) |
| Self incrimination | right to not testify against yourself |
| Right to privacy | you have to right to your own privacy |
| Eminent domain | power of government to take your property for public use and give you money |
| Anti-Federalists | Those who favored strong state governments and a weak national government; opposed the ratification if the U.S. Constitution. |
| Articles of Confederation (problems) | -war debt -states act like independent countries -Money has different values -Threats to free trade -threatened national security -threatened domestic tranquility -Shays’ Rebellion -everyone has to agree before any changes can be made |
| U. S. Constitution | A written social contract Between the people and their government That limits government That tells government what it must do That tells government what it cannot do That separates the power That creates a representative democracy That assures equ |
| Articles | The compact among the thirteen original colonies that created a loose league of friendship, with the nation government drawing its powers form the states. |
| Bill of Rights | The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties. |
| Solutions to problems of Articles of Confederation | a. They started the Central Bank and states could not make their own money anymore. b. abolished tariffs in intrastate commerce c. placed tariffs on goods imported into the US d. They developed a strong central government and raised an Army. |
| Supremacy clause | Constitution and federal law always win Assumed the national debt |
| Three-fifths compromise | Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths of a person for purpose of determining population for representation in the U.S. House of Representatives. |
| Great Compromise | The final decision of the Constitutional Convention to create a two-house legislature with the lower house elected by the people and with powers divided between the two houses. It also made national law supreme. Virginia Plan New Jersey Plan |
| Virginia Plan | The first general plan for the Constitution offered in Philadelphia. Its key points were bicameral legislature, and an executive and judiciary chosen by the national legislature. |
| New Jersey Plan | A framework for the Constitution proposed by a group of small states. Its key points were a one-house legislature with one vote for each state, a Congress with the ability to raise revenue, and a Supreme Court with members appointed for life. |
| Interstate commerce | Created by the Interstate Commerce Act of 1887. The original purpose was to regulate railroads to ensure fair rates,eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. |
| Export-import compromise | It was when the south or slave owning states could import slaves until 1808 after which congress could regulate or prohibit it. |
| Constitutional limits on government’s power | through a Bill of Rights, through the system of checks and balances, and through the device of federalism. |
| Separation of powers | A way of dividing the power among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensured by the Constitution. |
| Checks and Balances | A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others. |
| Amending Process | Propose Ratify |
| Propose | By two-thirds vote in both house and congress or By national constitution convention called by congress by request of two-thirds of the state legislators. (This process has never been used to propose an amendment) |
| Ratify | By legislators in three-fourths of the state. Or By conventions in three-fourths of the state. |
| Informal ways of amending the constitution | Judicial Interpretation Marbury v. Madison (1803) and judicial review Social and Cultural Change Racism, sexism Economic crises National Security Threats |
| Precedent | A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature |
| Jurisdiction | Authority vested in a particular court to hear and decide the issues in a particular case. |
| Stare decisis | In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases. |
| Criminal Rights and when they apply | |
| Ex post facto laws | Cannot go to jail for doing something prior to a law being made |
| Bills of attainder | You go to jail with out a reason |
| Writs of habeas corpus | If you are arrested, they have to tell you why they put you in jail with in a reasonable time |
| USA PATRIOT Act and the Constitution | |
| 1st Amendment | Freedom of Speech, Press, Religion, assembly, and Petition |
| 2nd Amendment | Right to bear arms |
| 3rd Amendment | Do not have to house soldiers except in time of war |
| 4th Amendment | Protects against illegal search and seizure (have to have probable cause) |
| 5th Amendment | Not incriminate against self, due process, cant be tried for the same crime twice, eminent domain, right to grand jury |
| Marbury v. Madison | Is Marbury entitled to his appointment? Is his lawsuit the correct way to get it? And, is the Supreme Court the place for Marbury to get the relief he requests? Conclusion/Outcome: Outcome was 6 votes for Madison and 0 votes against him. |
| Lemon v. Kurtzman | The govt. said they would pay teachers for non-religious classes (history) in a private school. However they had no way of monitoring without excessive entanglement. govt. was going to send someone in, but then they would be hearing the religion. |
| Abington Township v. Schempp | Establishment though prayer. A parent sent a note to have their child taken out of class during prayer. That doesn't change the intent of the prayer. Court decided there should be no prayer in class. |
| Miller v. California | Works in bookstore, sent out pictures in flyers that someone thought was too dirty. Were going to look at local community, what would a local, reasonable, person think is obscene. |
| NAACP v. Alabama | Wanted to make sure voting rights were secured for blacks in Alabama. Alabama wanted a list of names of everyone in the NAACP (so they could black list them) An organization does not have to give out names of people. The right to assemble. |
| New York Times v. United States | Daniel Elsburg got clearence into the pentagon. He heard facts about Vietnam troops, then the President starting saying other things to make it sound better. Elsburg took info to the press and they wanted to print it. the court said they couldnt stop them |
| Gideon v Wainwright | He was accused of breaking and entering, but didnt have enough money for lawyer so went to jail and wrote a letter to the Supreme Court and they found that everyone is entitled to be appointed a lawyer if they are poor in a felony case |
| Miranda v Arizona | 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 | The police arrested a girl for porn, but they didnt have a warrant so evidence was thrown out. 4th amendment established that illegally obtained evidence cannot be used in trial |
| Griswold v Connecticut | He was giving information about birth control and established the Constitutions implied right to privacy, 9th Amendment |
| Roe v Wade | Roe wants to get an abortion so sued the district attorney and found that the law was unconstitutional and took away her right to privacy in reproductive choices, 9th Amendment |
| DC v Heller | to own a gun you need a license. If you have that you have the right of a private citizen to own a gun, 2nd Amendment |
| Citizens United v Federal Election Commission | Corporations are people too and should have 1st amendment rights, so Corporations have free speech. The Court ruled that limits on corporate campaign spending amounted to prohibitions on free speech |
| SpeechNow.org v Federal Election Commission | Found that restricting donations to SuperPACs violates free speech |
| 6th Amendment | (Criminal law) right to a fast and speedy trial entitled to a jury of your peers right to confront witnesses and right to an attorney |
| 7th Amendment | entitled to a jury in a civil case |
| 8th Amendment | No cruel and unusual punishment and bail must be reasonable |
| 9th Amendment | Implied rights ones that arent in other amendments |
| 10th Amendment | Reserved powers of the state |
| 14th Amendment | Gave citizens their natural rights: Life, liberty, pursuit of happiness and right to property |
| 18th Amendment | banned sale of liquor |
| 21st Amendment | repealed the 18th Amendment |
| 27th Amendment | (The delayed amendment) prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for Representatives |
| 1 Article | Legislative Branch- make laws |
| 2 Article | Executive Branch- enforce laws |
| 3 Article | Judicial Branch- interpret laws |
| 4 Article | Interstate relation- how they interact |
| 5 Article | Amendments- how to add changes |
| 6 Article | Supremacy clause- Const. is supreme to st and federal laws |
| 7 Article | Ratification- how it got approved (7 times) |
Created by:
aubrie.miller21
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