Term
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Definition
| a philosophical device, used by enlightenment thinkers, such as locke, Rousseau, and harrington, to suggest that goverments are only legitimate if they are created by a voluntary compact among the people. |
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Definition
| a loose association of states territorial units without any or much power in a central authority |
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Term
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Definition
| the basic framework of law that prescribes how gov. is to be organized, how decisions are to be made and what powers and responsibilities gov. shall have |
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Term
| Articles of Confederation |
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Definition
| the first constitutuion of the US adopted during the last stages of the revolutionary war, created a system government with most power odged in the states and little in the central gov. |
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Term
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Definition
| a political doctrine advocating limited gov. based of popular consent, protected against majority tyranny |
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Definition
| the abuse of the inalienable right of citizens by gov |
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Definition
| a legislative body with a single chamber |
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| laws postponing the collection of taxes or morgage payments |
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Term
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Definition
| proposel by the large states at the Constitutional convention to create a strong central gov.with power in the goverment apportioned to the states on the basis of population |
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Term
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Definition
| Proposal of the smaller states at the constitutional convention to create a gov. based on the equal representation of the states in a unicameral legislature |
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Term
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Definition
| Also called the Great Compromise; the compromise between the New Jersey and Virginia plans formulated by the conneticut delegates at the constitutional convention; call for a lower legislative house based on pop size and an upper house based on equal representation of the states. |
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Definition
| elected reps of the states, a majority of whose votes formally elect the president of the US. the number of electors in each state is equal to the total number of its senators and reps |
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Definition
| describing a system in which significant govermental power are divided between a central govand smaller territorial units, such as states |
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Definition
| the provision in Article VI of the constitution that states that the constitution and the laws and treaties of the US are the supreme law of the land, taking precedence over state laws and constitutions |
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Definition
| Article I section 8 of the constitution also called the necessary and propwer clause, give congress the authority to make what ever laws are necessary and proper to carry out its enumerated responsibilities |
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Term
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Definition
| The first 10 admendments to the US constitution, concerned with the protection of basic liberties |
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Term
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Definition
| the distribution of goverment legislative, executive, and judicial powers to seperate branches of gov. |
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Term
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Definition
| the constitutional principle that each of the seperate branches of the gov has the power to hinder the actions of the other branches as a way to prevent tyranny |
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Term
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Definition
| an economic system characterized by competitive markets and private ownership; similar to capitalism |
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Definition
| proponents of the constitution during the ration fication fight; also the political party of hamilton, washington, and adams |
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Term
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Definition
| opponents of the constitution during the fight over ratification |
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Term
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Definition
| the power of the supreme court to declare actions of the other branches and levels of gov. unconsitutional |
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Definition
| a document sometimes issued by the president in connection with signing of a bill from congress that sets out the president's understanding of the new law and how executive branch officials should carry it out. |
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Term
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Definition
| a system in which governmental powers are divided between a central gov. and smaller units, such as states |
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Term
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Definition
| a loose association of states or territorial divisions in which very little power or no power at all is lodged in a central gov. |
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Term
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Definition
| a system in which a central gov. has complete power over its constituent units or states |
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Term
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Definition
| the provision in Article VI of the constitution that the const. itself and the laws and treaties of the US are the supreme law of the land, taking precedence over state laws and consitutions when they are in conflict |
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Term
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Definition
| Part of the bill of rights, the amendment that says that those powers not given to the federal gov. and not prohibited for the states by the constitution are reserved for the states and the people |
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Term
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Definition
| the 10th amendment to the constitution, reserving powers to the states or the people |
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Term
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Definition
| powers under the constitution that are shared by the federal government and the states |
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Term
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Definition
| term used to refer to relationships among the states |
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Term
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Definition
| agreements among states to cooperate on solving mutual problems, requires approval by congress |
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Term
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Definition
| the view of american federalism that holds that the constitution created a system in which the national gov. is supreme, relative ot the states, and that it granted that gov a brood range of power and responsibilities |
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Term
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Definition
| the view of american federalism that holds that the constitution created a system of dual sovereignty in which the national gov. and the state gov. are sovereign in their own spheres |
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Term
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Definition
| an interpretation of federalism in which the states and the national gov. have seperate jurisdictions and responsibilites |
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Term
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Definition
| an attempt by states to declare national laws or actions null and void |
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Term
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Definition
| exclusion of the states from actions that might interfere with federal authority or statues |
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Term
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Definition
| the 13, 14, 15 amendments to the constitution, adopted immediately after the civil war |
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Term
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Definition
| the section of the 14th amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law" a guarantee against arbitrary or unfair gov. action |
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Term
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Definition
| the section of the 14th amendment that provides equal protection of the laws to all persons |
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Term
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Definition
| the delegation of power by the central gov. to state or local bodies |
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Term
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Definition
| federalism in which the powers and responsibilities of the states and the national gov are intertwined and in which they work together to solve common problems; said to have characterized the 1960s and 1970s |
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Term
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Definition
| that aspect of federalism having to do with federal grants to the states |
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Term
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Definition
| funds from the national gov. to state and local gov. to help pay for programs created by the national gov |
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Term
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Definition
| federal aid to states and localities clearly specifying what the money can be used for |
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Term
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Definition
| federal grants to the states to be used for general activities |
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Term
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Definition
| federal aid to the states without any conditions on how the money is to be spent |
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Term
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Definition
| federal grants with provisions requiring that state and local governments follow certain policies in order to obtain funds |
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Term
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Definition
| a formal order from the national gov. that the states carry out certain policies |
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Term
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Definition
| freedoms found primarly in the bill of rights, the enjoyment of which are protected from gov. interference |
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Term
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Definition
| the legal doctrine that a person who is arrested must have a timely hearing before a judge |
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Term
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Definition
| a gov. decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial |
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Term
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Definition
| a law that retroactively declares some action illegal |
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Term
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Definition
| the right to own and use property free prom unreasonable governmental interference |
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Term
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Definition
| the provision in article VI section 1 of the constitution which provides that states must respect the public acts, laws, and judicial rulings of other states |
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Term
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Definition
| the portion of article 1 section 10 of the constitution that prohibits states from passing any law "imparing the obligations of contracts" |
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Term
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Definition
| the section of the 14th amendment that prohibits states from dperiving anyone of life, liberty, or property, "without due process of law" a guarantee against orbitrary or unfair gov action |
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Term
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Definition
| the gradual and piecemeal spread of the protections of the bill of right to the states by the US supreme court |
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Term
| Privileges and immunities clause |
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Definition
| the portion of the article IV section 2 of the const. that says that citizens from out of state have the same legal rights as local citizens in any state |
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Term
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Definition
| the process by which provisions of the bill of rights become incorporated. |
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Term
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Definition
| the process by which the supreme ct has made most of the provisions of the bill of rights binding on the states ( see nationalizing) |
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Term
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Definition
| the assumption that the actions of elected bodies and officials are legal under the const |
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Term
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Definition
| the assumption that actions by elected bodies or officials violate constitutional rights |
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Term
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Definition
| the gov. power to prevent publication as opposed to punishment afterward |
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Term
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Definition
| as define by the supreme ct. the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value |
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Term
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Definition
| that portion of the 1st amendment to the constitution that prohibits congress from impeding religious observance or impinging upon religious beliefs |
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Term
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Definition
| the part of the 1st amendment to the constitution that prohibits congress from extablishing an official religion; that basis for the doctrine of the separation of church and state |
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Term
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Definition
| a standard promulgated by the supreme ct. that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search |
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Term
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Definition
| legal doctrine that refers to a reasonable belief that a crime has been committed |
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Term
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Definition
| any crime for which death is a possible penalty |
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Term
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Definition
| guarantees of equal treatment by gov. officials regarding political rights, the judicial system, and public programs |
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Term
| privildges and immunities clause |
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Definition
| the portion of article IV section 2 of the const that states that citizens from out of state have the same legal rights as local citizens in any state |
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Term
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Definition
| the section of the 14th amendment that prohibits states from depriving anyone of life, liberty, or property "without due process of law" a guarantee against arbitrary or unfair government action |
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Term
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Definition
| the section of the 14th amendment requiring states to provide equal treatment to all people within its boundaries |
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Term
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Definition
| popular term for the system of state-sactioned racial segregation that existed in the American south until the middle of the 20th cent |
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Term
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Definition
| a tax to be paid as a condition of voting; used in the south to keep african american away from the polls |
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Term
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Definition
| a device used by the southern states to prevent african americans from voting before the passage of the voting rights act of 1965, which banned its use; usually involved interpretation of a section of a state's constitution |
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Term
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Definition
| a device that allowed whites who had failed the literacy test to vote anyway by extending the franchise to anyone whose ancestors had voted prior to 1867 |
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Term
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Definition
| primary elections open only to whites in the one-party south where the only elections that mattered were democratic party's primaries; this effectively disenfranchised blacks |
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Term
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Definition
| the assumption that actions by elected bodies or officials violate the constitution |
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Term
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Definition
| the invidious, arbitrary, or irrational designation of a group for special treatment by gov. whether positive or negative; historically, a discriminated against, visible minority without power to protect itself |
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Term
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Definition
| unequal treatment based on gov laws and regulations |
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Term
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Definition
| unequal treatment by private individuals, groups and orgs. |
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Term
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Definition
| programs of private and public institutions favoring minorities and women in hiring and contracting, and in admissions to colleges and universities, in an attempt to compensate for past discrimination or to create more diversity |
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Term
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Definition
| a legal test falling between ordinary and strict scrutiny relevant to issues of gender; under this test, the supreme ct. will allow gender classification in laws if they are substantially related to an important government objective |
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Term
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Definition
| a status in which same-sex couples have the same legal rights, benefits, and protections as married couples |
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Term
| constitution and its functions |
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Definition
1. organize gov. -what it looks like
2. authorize gov- heres how much power it has
3. limit gov. - heres what they cant do |
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Term
english documents that form constitution
what we took |
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Definition
Magma Carta (1215 by king john)
a. landholders and elites- signing
b. handed down accountability and due process
c. john originally agrees and signs... civil war!
Glorious Revolution (1688)
english bill of rights... 100 yrs before USA
a. supremecy of legislative branch
b. the right to petition for redress of grievances
(gov can't bully you)
c. right to bear arms
d. free speech and immunity of arrest in the leg.
e. no excessive bail, fines, crual treatment
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Term
| Articles of confederation |
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Definition
1777
lasted 8 yrs
a. no executive branch
b. no national judiciary
c. congress- very limited/specific power, no taxing power, no power to raise an army, no attendance requirements, no enforcement powers
d. all central power were in the states
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Term
| issues faced by delegates at constitutional convention |
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Definition
1787
1. state vs. central power: never completely resolved, what powers do each have
2. rep in central legislature: base rep on population
3. how to count the slaves?
4.what type of executive branch? no monarchy
-happened in philly 1787 |
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Term
American Rev.
Declaration of independence
key ideas |
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Definition
american rev (1775-1783)
a. first wanted to preserve life as is
b. get traditional rights by british subjects
c. britian made trade hard for Americans
d. stimulated sentiments for pop sovereignty and political equality
dec of independence:
a. human being possess rights that cannot be legitimately given away or taken from them
b. people create gov. to protect these rights
c. if gov. fails to protect peoples right or itself becomes a threat people can withdraw their consent from that gov and form a new one. that is void the existing social contract and agreed to the new one
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Term
| what happened and was created at the constitutional convention |
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Definition
1. create a new gov capable of providing energy and stability
2. met for 4 months in secret
3. delegates hammered out a const. framework |
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Term
who were the framers of const.
their beliefs
concerns leading to new cont. |
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Definition
wealthy white men
holders or gov. bonds, real estate investors, successful merchants, bankers, lawyers, owners or plantation
1. wanted to create gov like nowhere else
2. wanted nationally stregthend gov to protect american to world, provide social order, regulate interstate commerce
ex. james madison, alexander hamilton
3. finding a republican gov. based on popular consent but not easily swayed by public opinion and popular democracy
4. large or small states yeild power in leg. branch
5. virginia plan and new jersey plan
6. slavery condoned in const.
7. electoral college with one president
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Term
| actual what the const. made |
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Definition
1. republican form of gov.
a. federalism: some powers to states, shared, just central
b. limited gov: specific powers of gov
c: checks on majority rule: people rule only indirectly
d. seperation of powers: checks and balances; power to executive, legistive, and judicial
e. foundation of Free enterprise economy |
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Term
| struggle for ratification of Const. |
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Definition
1. unanimous consent of 13 states changed to 9
2. federalists (support of const.) better at showing case than anti-feds (against const)
3. anti afraid of centralized power and bill of rights
4. feds promised to add amendment
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Term
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Definition
come about in 3 ways
1. formal amendment
2. judicial interpretation
3. political practices
*brought 27 amendments
*Judicial review
*signing statements |
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Term
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Definition
rep in central legislature
sec 1: vested in senate and house of rep
sec 2/3: 3/5 comp count slaves then take 3/5 of #
sec 1-7: sets up leg. branch
sec 8: heart of constitution
a. state vs. central
b. authorizes leg branch
sec 9: limits power to leg branch |
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Term
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Definition
sets up executive branch
sec 1: eligability to president
sec 2: authority executive branch
sec 3: lays out state of union address, authorize cont
sec 4: only limit: threat of impeachment |
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Term
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Definition
sets up judicial branch
sec 1: organize
sec 2: authorize
sec 3: limit by must having good behaivior for holding office for life *treason |
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Term
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Definition
about states
full faith and credit clause
immunity and priveldge clause
*states must recogonize others |
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Term
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Definition
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Term
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Definition
debts under const
*supremecy clause
1. set up a hierarychy
2. cant violate US const.
3. US laws and treaties
4. state const.
5 state laws
6. local
goes in order top to bottom |
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Term
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Definition
pressing enter
sent to states for ratification |
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Term
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Definition
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Term
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Definition
chaged election procedure, electoral college
1. v presidnet voted on seperatly cant be from same state |
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Term
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Definition
reconstruction after civil war
13: abolished slavery
14: all people born in US are citizens
15: voting rights to former slaves |
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Term
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Definition
progressive movement
16: congress enacts federal income tax
17: direct election of senators |
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Term
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Definition
temperance movement
18: prohibition
19: voting rights to women |
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Term
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Definition
| shortened time between presidential election and ignauguration |
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Term
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Definition
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Term
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Definition
| term limited president (FDR response) |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| sucession to presidency if president disabled |
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Term
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Definition
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Term
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Definition
| congressional pay raise delayed |
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Term
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Definition
shown in article 5
*need 2/3 approval in each house
* 3/4 of states to approve it |
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Term
| roots/justification of federalism |
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Definition
emerged from US declared independance from Britian
*consistent with 18th cent republicism help fragment gov power |
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Term
| relevant const. provisions |
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Definition
1. power is expressly given to the states and to national gov
2. states have important roles in shaping and choosing officials for national gov and amendments |
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Term
| evolution of american federalism |
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Definition
National gained more ground...
1. economic and problems put pressure on gov in washington to fix national economy (great depression)
2. war and preparation important spurs to national-level actions
3. number of problems better solved by national gov then 50 state govs |
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Term
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Definition
1. categorical grants
2. block grants
3. general revenue sharing
4. conditional grants
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Term
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Definition
1. cooperative federalism: state and national powers intertwined so solve common problems
2.fiscal federalism:transfer of money from national to locla gov |
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Term
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Definition
1. diversity of needs: let states have own identity
2. closeness to the people: state gov closer and easier to be contacted
3. innovation and experiment: states as "labs"
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Term
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Definition
1. Importance of National Standards: states desires may not be worthy ones
2. Low visibility and lack of popular control: more informed about fed gov then states. more participation in national then state
3. spillover effects and competition: diversity and experimentation may not be good. states spill over from one to another |
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Term
| Characteristics of federalism in America |
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Definition
no common def
1. unity: 1 level of gov.
2. confederal: central and member gov
3. federation: central and member gov having authority and autonomy |
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Term
Const. State and National Powers
Federal powers |
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Definition
Article 1 sec 8: Grants power to National Congress
Art 2: presidential authority
art VI: supremecy clause
Art 1 sec 10: exclusive nat powers prohibited to states
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Term
Const State and fed powers
states |
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Definition
Art 1 Sec 11: states old elections for fed offices
AV: ratifying constitutional amendment
11 amend: provides "sovereign immunity" from private law suits in fed courts
10 admendment: "power preserved to states or people" |
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Term
| role of courts in deciding federalism cases |
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Definition
1. judicial review: resolve ongoing?
2. McCulloch vs Maryland
a. chartering a bank was nes. and power
b. set a president to read implied red powers |
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Term
| US federalism compared to world |
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Definition
1. more centralized than some
2. dynamic, constently changing
3. relies on cooperative processes that may be informal |
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Term
| constitutional provisions relevant to civil rights |
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Definition
13: 1865- outlawed slavery
14: 1868- reversed dred scott. all people born in US black or white are citizens where the reside
15: 1870- states couldnt prevent people from voting on grounds of race, color,or previous condition of servitude |
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Term
| barriers to voting by african americans |
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Definition
1. Jim Crow
2. Poll Tax
3. literacy test
3. grandfather clause
4. white primaries |
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Term
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Definition
* programs of private and public institutions favoring minorites and women in hiring and contracting and in admissions to colleges and universities, in an attempt to compensate for past discrimination or to create more diversity
1. nixon: 1969 philly plan hire equal black and white |
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Term
| gender related issues and court doctrine |
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Definition
Womens act suceeding in 1920s
1970-80 suceeding in equal everywhere
did not win ERA
craig vs. boren: gender as a somewhat suspect classification
intermediate scrutiny of courts
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Term
| recent civil rights movements and gov action |
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Definition
1. the ederly 1967 cant discriminate in pay of people over 40
2. disabled 1990 ADA prohibits employment discrimination make places acccessible
3. gays and lesbians
a. stonewall rebellion 1969: 3 day riot set off by police harrasment of popular gay bar
b. civil union: status same sex couples have the same legal rights |
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Term
| Civil Rights and civil liberties |
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Definition
CR:protection of groups (equality)
CL: Protection of you from government (freedom)
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Term
| Important court, laws, amendments and issues they address |
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Definition
*15th: Things that still kept them away from voting
*24th: Banned Poll tax
*Voting rights act: banned literary test and authorised federal supervsions
*"Jim Crowe" De Jure
*Plessy vs. Ferguson (1896) seperate but equal doctrine
*Brown vs. Board of ed: overturned plessy, no such thing as seperate but equal, mandating policy
*court ordered busing
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Term
| Discrimination events and issues they address |
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Definition
*civil rights act of 1964: couldn't discriminate in public, illegal for employers to discriminate.. 15 + employees
*Civil rights act of 1991: burden of proof on employers
*fair housing act-1968: Discrimination based on race, hard to enforce |
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Term
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Definition
basic: equality of opportunity
middle: equality of condition
top: equality of result (assertive gov action)
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Term
Issues related to gender
and policies addressing them |
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Definition
*civil rights act of 1964: illegal to discrim on gender
*sexual harrasment: unwelcome sexual conduct impacts your occupation, illegal under CRA of 1964
*wellfare policy: changes ot social policy can affect women
*violence against women: civil rights or just criminal
*violence against women act 1994: fed grant given to law enforcement to learn how to deal, support mechanisms
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Term
| civil liberties constitutional provisions |
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Definition
Art 1 sec 9: congress may not suspend habeas corpus or bils of attainder or ex post facto laws
Art 1 sec 10: may not pass bills of attainder or ex post facto laws
Article 111 section 2: criminal trial in national crts must be jury trials in state where crime was
Article IV sec 2: citizens of each state are entitled to all priviledges and immunities of citizens
*bill of rights
1st: no law with respect to establishment of religion
2nd: may not infringe the right to keep and bear arms
3rd: congress may not station soldiers in houses except in times of war
4th: citizens free from ureasonable searches and seizures
5: citizens protected against double jepordy
6: right to a speedy and public trial before an impartial jury
8th: excessive bails and fines are prohibited |
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Term
| protected and unprotected forms of speech |
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Definition
Political Speech, Actions and symbolic speech
cant: internal security and national defense
Protecting sources and Offensive media... such as porn |
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Term
| Nationalization of bill of rights |
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Definition
1. till 20th cent BOR didn't apply to state only national
2.framers afraid of give national gov power to come close to people should be states
3. *priveldges and immunities clause: no state shall make or enforce any law which shall abridge the privleges or immunitites of citizens of US
4. Due process clause specifies no state shall "deprive any person of life, liberty or property without due process of law) |
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Term
| religious clauses in the 1st admendment |
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Definition
free exercise clause: portion of 1st amendment that prohibits congress from impeding religious observance or impinging upon relgious beliefs
establishment clause: prohibits congress from establishing an official religion; the basis for the doctrine of the seperation of church and state |
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Term
| debate over capital punishment |
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Definition
Burger court examined it as "cruel and unusual punishment"
congress passed new authorizations of death penatly aimed at rectifying court problems
*so long as nonarbitrary or nondiscriminatory capital punishment wasn't cruel
*blacks to white 4 times more likely to get death penalty
*1960-90s political leaders strongly agreed to death penalty. texas biggest
*decline since 2000
*many dna tests show innocence
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Term
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Definition
Passed soon after 9/11
1.gave fed gov expanded powers to use wiretapping and electronic survellance
2. stricter penalties for harboring for financial terrorists
3. monitor bank and email
4. turn away anyone who endorses terrorism
5. detain any noncitizens livng in the US who the attorny deemed a threat to national security |
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Term
| USA steps on war of terrorism |
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Definition
1. gave FBI secret access to customer, telephone, and finacial records of US citizens
2. authorized the indefinite detention without hearings of american citizens fighting against US in afgan
3. instituted secret deporation hearings for detainees held on immigration violations
4. vast easedropping, and data-mining operation on electronic and wire communication |
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Term
| protected forms of speech |
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Definition
1. symbolic political expression
2. demostrations and strikes
3. campaign donations |
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Term
| unprotected forms of speech |
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Definition
1. obscenity (largely related to sex)
2. slander is a false statement and can be sued
3. fighting words (threat)
4. commercial speech
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Term
| 2nd amendment and recent developments |
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Definition
*the right to bear arms
weird puncuation and very vage
1. states to keep militas or indi to have weapon?
so many questions |
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Term
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Definition
no laws prohibite religion, press, speech, right to assemble and redress
1. freedom of religion
2. freedom of speech
3. freedom of the press
4. freedom of assembly
5. freedom to petition gov and redress |
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Term
| 2nd admendment what it protects |
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Definition
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Term
| 4th admendment what it protects |
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Definition
criminal procedures, due process
1. must have a warrant
2. probable clause |
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Term
| fifth and what it protects |
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Definition
rights of the accussed
1. Grand Jury
2. no double jeprardy (can't be tried twice)
3. no self incrimination (I plead the 5th)
4. due process: Magma Carta has to be under laws and procedures
5.exception to double jep can be tried by state then fed law |
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Term
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Definition
fair warning: dont mix with the 5th
speedy and public trial by impartial jury where crime was committed
*gives the right to attorny
* informed of charges, confront accuser, local trial |
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Term
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Definition
cannot have fine impossed that is excessive
*no excessive bail
* no cruel and unusual punishment
*death penalty comes from this |
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Term
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Definition
forgot something didn't mean to
*found or invisible rights
ex: right to privacy |
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Term
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Definition
| federalism and the states |
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Term
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Definition
all people are citizens
bill of rights intended for fed gov until 14th then went to states |
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Term
| exceptions to requirments of the 4th amendment |
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Definition
may do a search or seizure w/out warrant
1. in public place
2. "hot pursuit" on wheels
3. life in danger
4. plain view doctrine |
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