Government Chapters 1-4

Koda M
Flashcards by Koda M, updated more than 1 year ago
Koda M
Created by Koda M about 6 years ago
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US Govt

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efficacy citizens’ belief that they have the ability to achieve something desirable and that the government listens to people like them .
civic engagement individual and collective actions designed to identify and address issues of public concern
political engagement . citizen actions that are intended to solve public problems through political means
naturalization . the process of becoming a citizen by means other than birth, as in the case of immigrants
public goods goods whose benefits cannot be limited and that are available to all
monarchy government in which a member of a royal family, usually a king or a queen, has absolute authority over a territory and its government
oligarchy . government in which an elite few hold power
democracy government in which supreme power of governance lies in the hands of its citizens
totalitarianism system of government in which the government essentially controls every aspect of people’s lives .
authoritarianism . system of government in which the government holds strong powers but is checked by some forces
constitutionalism . government that is structured by law, and in which the power of government is limited
limited government . government that is restricted in what it can do so that the rights of the people are protected
divine right of kings . the assertion that monarchies, as a manifestation of God’s will, could rule absolutely without regard to the will or well-being of their subjects
social contract an agreement between people and their leaders in which the people agree to give up some liberties so that their other liberties are protected
natural law . the assertion that standards that govern human behavior are derived from the nature of humans themselves and can be applied universally
popular sovereignty the theory that government is created by the people and depends on the people for the authority to rule
social contract theory . the idea that individuals possess free will and that every individual is equally endowed with the God-given right of self-determination and the ability to consent to be governed
direct democracy a structure of government in which citizens discuss and decide policy through majority rule
indirect democracy sometimes called a representative democracy, a system in which citizens elect representatives who decide policies on behalf of their constituents
political culture the people’s collective beliefs and attitudes about government and political processes
liberty the most essential quality of American democracy; it is both the freedom from governmental interference in citizens’ lives and the freedom to pursue happiness
capitalism an economic system in which the means of producing wealth are privately owned and operated to produce profits
property anything that can be owned
consent of the governed the idea that, in a democracy, the government’s power derives from the consent of the people
majority rule the idea that, in a democracy, only policies with 50 percent plus one vote are enacted
political ideology integrated system of ideas or beliefs about political values in general and the role of government in particular.
liberalism an ideology that advocates change in the social, political, and economic realms to better protect the well-being of individuals and to produce equality within society
conservatism an ideology that emphasizes preserving tradition and relying on community and family as mechanisms of continuity in society.
socialism an ideology that advocates economic equality, theoretically achieved by having the government or workers own the means of production (businesses and industry).
libertarianism . an ideology whose advocates believe that government should take a “hands-off” approach in most matters
constitution the fundamental principles of a government and the basic structures and procedures by which the government operates to fulfill those principles; may be written or unwritten
natural rights the rights possessed by all humans as a gift from nature, or God, including the rights to life, liberty, and the pursuit of happiness (also called unalienable rights )
republic a government that derives its authority from the people and in which citizens elect government officials to represent them in the processes by which laws are made; a representative democracy
bicameral legislature legislature comprising two parts, called chambers
confederation a union of independent states in which each state retains its sovereignty—that is, its ultimate power to govern—and agrees to work collaboratively on matters the states expressly agree to delegate to a central governing body
unicameral legislature a legislative body with a single chamber
dual sovereignty a system of government in which ultimate governing authority is divided between two levels of government, a central government and regional governments, with each level having ultimate authority over different policy matters
supremacy clause a clause in Article VI of the Constitution that states that the Constitution and the treaties and laws created by the national government in compliance with the Constitution are the supreme law of the land
separation of powers the Constitution’s delegation of authority for the primary governing functions among three branches of government so that no one group of government offi- cials controls all the governing functions
checks and balances a system in which each branch of government can monitor and limit the functions of the other branches
Virginia Plan the new governmental structure proposed by the Virginia delegation to the Constitutional Convention, which consisted of a bicameral legislature (Congress), an executive elected by the legislature, and a separate national judiciary; state representation in Congress would be proportional, based on state population; the people would elect members to the lower house, and members of the lower house would elect the members of the upper house
New Jersey Plan the proposal presented in response to the Virginia Plan by the less populous states at the Constitutional Convention, which called for a unicameral national legislature in which all states would have an equal voice (equal representation), an executive office composed of several people elected by Congress, and a Supreme Court whose members would be appointed by the executive office
Connecticut Compromise the compromise between the Virginia Plan and the New Jersey Plan that created a bicameral legislature with one chamber’s representation based on population and the other chamber having two members for each state (also known as the Great Compromise )
Electoral College the name given to the body of representatives elected by voters in each state to elect the president and the vice president
Three-Fifths Compromise the negotiated agreement by the delegates to the Constitutional Convention to count each slave as three-fifths of a free man for the purpose of representation and taxes
veto the president’s rejection of a bill, which is sent back to Congress with the president’s objections noted
advice and consent the Senate’s authority to approve or reject the president’s appointments and negotiated treaties
Marbury v. Madison the 1803 Supreme Court case that established the power of judicial review, which allows courts to determine that an action taken by any government official or governing body violates the Constitution
judicial review court authority to determine that an action taken by any government official or governing body violates the Constitution; established by the Supreme Court in the 1803 Marbury v. Madison case
Federalists individuals who supported the new Constitution as presented by the Constitutional Convention in 1787
Anti-Federalists individuals who opposed ratification of the Constitution because they were deeply suspicious of the powers it gave to the national government and of the impact those powers would have on states’ authority and individual freedoms
The Federalist Papers a series of essays, written by James Madison, Alexander Hamilton, and John Jay, that argued for the ratification of the Constitution
Bill of Rights the first 10 amendments to the Constitution, which were ratified in 1791, constituting an enumeration of the individual liberties with which the government is forbidden to interfere
First Amendment freedom of speech,press,assembly,petition,and religion
Second Amendment right to bear arms
Third Amendment No quartering of soldiers in private houses during times of peace or war
Fourth Amendment Right to privacy: have to have a search warrant or probable cause to search, protects you from unreasonable search and seizure of your home and property
Fifth Amendment The constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
Sixth Amendment the constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Seventh Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Eighth Amendment gives us the right to bail or they can stay in jail until their trial, no unreasonable bail, forbids cruel and unusual punishment
Ninth Amendment makes clear that the rights spelled in Constitution are not the only rights for Americans
Tenth Amendment Amendment stating that the powers not delegated to the federal gov. are reserved to the states
Eleventh Amendment Restrictions of federal lawsuits
Twelfth Amendment electors vote separately for President and Vice President
Thirteenth Amendment abolished slavery
Fourteenth Amendment made "all persons born or naturalized in the United States" citizens of the country
Fifteenth Amendment a constitutional amendment that gave African American men the right to vote
Sixteenth Amendment The constitutional amendment adopted in 1913 that explicitly permitted Congress to levy an income tax.
Seventeenth Amendment direct election of senators
Eighteenth Amendment prohibited the manufacture, sale, and distribution of alcoholic beverages
Nineteenth Amendment granted women the right to vote in 1920
Twentieth Amendment shortened the time between the election and inauguration day, also called the "Lame Duck Amendment," it changed the inauguration date from March 4 to January 20 for president and vice president, and to January 3 for senators and representatives
Twenty First Amendment repealed prohibition
Twenty Second Amendment Two term limit for President
Twenty Third Amendment amendment that gives the right of voting to citizens in Washington D.C. and that they get votes in the electoral college
Twenty Fourth Amendment Prohibits poll tax in federal elections
Twenty Fifth Amendment Creates Line of Succession: President, Vice President, Speaker of the House, Senator Pro Tempore, Secretary of State
Twenty Sixth Amendment lowered the voting age to 18 (from 21)
Twenty Seventh Amendment banned congress from raising its members salaries right before the next election
federal system a governmental structure with two levels of government in which each level has sovereignty over different policy matters and geographic areas; a system of government with dual sovereignty
unitary system a governmental structure in which one central government is the sovereign government and it creates other, regional governments to which it delegates some governing powers and responsibilities; however, the central government retains ultimate authority (sovereignty)
confederal system a governmental structure in which several independent sovereign states agree to cooperate on specified policy matters by creating a central governing body; each sovereign state retains ultimate authority over other governmental matters within its borders, so the central governing body is not a sovereign government
intergovernmental relations (IGR) collaborative efforts of two or more levels of government working to serve the public
enumerated powers powers of the national government that are listed in the Constitution
implied powers powers of the national government that are not enumerated in the Constitution but that Congress claims are necessary and proper for the national government to fulfill its enumerated powers in accordance with the necessary and proper clause of the Constitution
necessary and proper clause (elastic clause) a clause in Article I, Section 8, of the Constitution that gives Congress the power to do whatever it deems necessary and constitutional to meet its enumerated obligations; the basis for the implied powers
supreme law of the land the Constitution’s description of its own authority, meaning that all laws made by governments within the United States must be in compliance with the Constitution
concurrent powers basic governing functions that are exercised by the national and state governments independently, and at the same time, including the power to make policy, raise revenue, implement policies, and establish courts
reserved powers the matters referred to in the Tenth Amendment over which states retain sovereignty
police powers the states’ reserved powers to protect the health, safety, lives, and properties of residents in a state
McCulloch v. Maryland established that the necessary and proper clause justifies broad understandings of enumerated powers
horizontal federalism the state-to-state relationships created by the U.S. Constitution
interstate compacts agreements between states that Congress has the authority to review and reject
extradition the return of individuals accused of a crime to the state in which the crime was committed, upon the request of that state’s governor
privileges and immunities clause the Constitution’s requirement that a state extend to other states’ citizens the privileges and immunities it provides for its own citizens
full faith and credit clause the constitutional clause that requires states to comply with and uphold the public acts, records, and judicial decisions of other states
judicial federalism state courts’ use of their state constitutions to determine citizens’ rights, particularly when state constitutions guarantee greater protections than does the U.S. Constitution
dual federalism the initial model of national and state relations in which the national government takes care of its enumerated powers while the state governments independently take care of their reserved powers
grant-in-aid transfer of money, from one government to another government, that does not need to be paid back
cooperative federalism intergovernmental relations in which the national government supports state governments’ efforts to address the domestic matters reserved to them
centralized federalism intergovernmental relations in which the national government imposes its policy preferences on state and local governments
devolution the process whereby the national government returns policy responsibilities to state and/or local governments
conflicted federalism intergovernmental relations in which elements of dual federalism, cooperative federalism, and centralized federalism are evident in the domestic policies implemented by state and local governments
fiscal federalism the relationship between the national government and state and local governments whereby the national government provides grant money to state and local governments
categorical formula grant a grant-in-aid for a narrowly defined purpose, whose dollar value is based on a formula
matching funds requirement a grant requirement that obligates the government receiving the grant to spend some of its own money to match a specified percentage of the grant money provided
categorical project grant a grant-in-aid for a narrowly defined purpose for which governments compete with each other by proposing specific projects
block grant a grant-in-aid for a broadly defined policy area, whose funding amount is typically based on a formula
mandates clauses in legislation that direct state and local governments to comply with national legislation and national standards
preemption a constitutionally based principle that allows a national law to supersede state or local laws
civil liberties constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference
due process legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments
total incorporation the theory that the Fourteenth Amendment’s due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court in favor of selective incorporation
selective incorporation the process by which, over time, the Supreme Court applied those freedoms that served some fundamental principle of liberty or justice to the states, thus rejecting total incorporation
marketplace of ideas a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas
habeus corpus an ancient right that protects an individual in custody from being held without the right to be heard in a court of law
clear and present danger test a standard established in the 1919 Supreme Court case Schenck v. U.S. whereby the government may silence speech or expression when there is a clear and present danger that such speech will bring about some harm that the government has the power to prevent
bad tendency test a standard extended in the 1925 case Gitlow v. New York whereby any speech that has the tendency to incite crime or disturb the public peace can be silenced
clear and probable danger test a standard established in the 1951 case Dennis v. U.S., whereby the government could suppress speech to avoid grave danger, even if the probability of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969
imminent lawless action test (incitement test) a standard established in the 1969 Brandenburg v. Ohio case, whereby speech is restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of imminent disorder or lawlessness
symbolic speech nonverbal “speech” in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest
commercial speech advertising statements that describe products
libel false written statements about others that harm their reputation
slander false verbal statements about others that harm their reputation
obscenity indecent or offensive speech or expression
fighting words speech that is likely to bring about public disorder or chaos; the Supreme Court has held that such speech may be banned in public places to ensure the preservation of public order
time, place, and manner restrictions regulations regarding when, where, or how expression may occur; must be content neutral
prior restraint a form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful
establishment clause First Amendment clause that bars the government from passing any law “respecting an establishment of religion”; often interpreted as a separation of church and state but increasingly questioned
Lemon test a three-part test established by the Supreme Court in the 1971 case Lemon v. Kurtzman to determine whether government aid to parochial schools is constitutional; the test is also applied to other cases involving the establishment clause
intelligent design theory that the apparent design in the universe and in living things is the product of an intelligent cause rather than of an undirected process such as natural selection; its primary proponents believe that the designer is God and seek to redefine science to accept supernatural explanations
creationism theory of the creation of the earth and humankind based on a literal interpretation of the biblical story of Genesis
free exercise clause First Amendment clause prohibiting the government from enacting laws prohibiting an individual’s practice of his or her religion; often in contention with the establishment clause
right to privacy the right of an individual to be left alone and to make decisions freely, without the interference of others
criminal due process rights safeguards for those accused of crime; these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders
exclusionary rule criminal procedural rule stating that evidence obtained illegally cannot be used in a trial
double jeopardy the trying of a person again for the same crime that he or she has been cleared of in court; barred by the Fifth Amendment
Miranda rights criminal procedural rule, established in the 1966 case Miranda v. Arizona, requiring police to inform criminal suspects, on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation
rendition transfer of suspected terrorists to other nations for imprisonment and interrogation; this practice circumvents U.S. law, which requires due process and prohibits torture
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