Gov. AIR TEST REVIEW

study well

Negotiation

A process of settling differences through a discussion of issues.

Consensus Building

Process of working toward achieving general agreement within a group.

Persuasion

Process of inducing (convincing) others into accepting a point of view by means of reasoning and argumentation.

Compromise

Process of making concessions (giving something up) to settle differences.

Federalism

system of government where there is separation of powers between the national and local governments

Confederation

political group or people form an alliance

Direct Democracy

Citizens decide laws and policies rather than electives better in a tiny population

Representative Democracy

 Citizens vote for their representatives to make decisions for them

Autocracy

A system of government where one person has absolute power and authority, making decisions without input from others.

Oligarchy

small group of people making decisionstypically for a larger population, often prioritizing their own interests over the common good.

Parliamentary system

A democratic form of government where the executive branch derives its legitimacy from the legislature and is held accountable to it, often characterized by a prime minister as head of government.

Divine Right Theory

Theory that the leader is chosen by god.

Echo chamber effect

What you believe, is what you search for. Effect is why you see so much political bias. URL’s .com, ect., no author, selling ads.

Fake news

News that is fake

Hobbes

Deep distrust in human race, thought humans were selfish. Because of this he had more trust in the government, rather than humans so wanted a strong government.

Rousseau

Lots of trust for humans (Except the rich and wealthy). Had no trust in the government and wanted a direct democracy so people can vote on every societal issue.

Locke

Trusted the people the most out of all the philosophers and wanted a representative democracy because he was influenced by the constitutional framers.

Federalists thought…

the new congress/government should be kept because it would be controlled by smart/ experienced men, They would have both federal and state governments to create check and balances to keep the governments equal. Believed that the states should be connected so there would be no chaos

Anti-Federalists thought…

a national government would be too hard to control and favorized a smaller government would be better and a new constitution will be dangerous. Didn’t think they can ever make a perfect union.

Anti-Federalists were…

Slave holders

E Pluribus Unum

phrase that means “out of many one”

Expressed powers

Powers physically granted to congres

Implied Powers

Powers physically granted to congress

Mccullough V Marylnd

A landmark Supreme Court case that established the principle of federal supremacy over state laws and confirmed the constitutionality of the Bank of the United States.

Marbury V Madison

A landmark Supreme Court case that established the principle of judicial review, allowing the Court to overturn laws deemed unconstitutional.

legislative branch

Make laws

executive branch

enforces laws

judicial branch

Determines if they are constitutional

Seperation of powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Checks & balances

A system that ensures no one branch of government becomes too powerful by allowing each branch to monitor and limit the actions of the others.

federalism

A system of government in which power is divided between a central authority and constituent political units, such as states.

popular sovereignty

The principle that the authority of a government is created and sustained by the consent of its people, through their elected representatives.

limited government

A governing body whose powers are restricted by law, usually through a constitution, to protect individual rights and liberty.

judicial branch

The branch of government responsible for interpreting laws and administering justice, comprised of courts and judges.

Free exercise clause

Protecting citizens right to practice their religion with limitations

Establishment clause

Prohibiting a government from establishing a religion. Or making a law toward a religion.

Seditious speech

threatening government or violating them

Prior restraint

when government stops the press from publishing something because it will make it a threat to national society

View point discrimmination

Where Government treats someone differently because of their opinions or beliefs

Schneck v US

During World war 1, Mr. Schenck and Ms. Baer sent out pamphlets encouraging people to not sign up for the draft. Their speech was limited because it was during such a vital point in winning the war.If they allowed the speech to pass it would put the countries safety at risk because they wouldn’t be able to get a strong military.

• Seditious speech

• Created danger to national society

• Speech is different when its during war

• Espionage act

• Arrested, rightly so

Texas V johnson

1984, The conflict started when Johnson burned an american flag in a protest of Ronald Reagan’s policies. His first amendment right was protected. His right was protected by symbolic speech or political speech.

• Protest against a national party

• Society found burning usa flag offensive

• Viewpoint discrimination

• Political speech in a public forum

B.L v Mahoney

During 2021 January-June, Speaker was Brandi Levy A student at Mahanoy high school. She was dissing a bunch of school sports on snap because she couldn’t make the varsity teams. The speech was protected because it was off of school property and not in school hours if it was in school her speech would be limited

• Off campus speech that didn’t impact learning

• Vulgar student speech off campus

• Didn’t interfere with the any work of school

• Political speech in a public form

Hazelwood v. Kuhlmeier

1980’s, Cathy Kuhlmeier sued hazelwood east highschool for when the principle edited the school sponsored article about teen pregnancy and abortion. The school found the articles inappropriate and since the articles were school sponsored they had the right to do what they want with them

• School journalism (the spectrum)

• Speech that bears the reputation of the school

• Gov speech not student speech

Tinker v. Des Moines

Time period was during the late 60’s. Speakers were John and mary tinker and Chris Ekhartd and they wore black armbands to protest the involvement in the vietnam war. The court ruled in favor of the students because it wasn’t bothering any other students education.

• Black armbands

• Did Not interfere with the work of the school

• Symbolic speech in a school forum

• Viewpoint discrimmination

Kowalski v. Berkeley

In 2011, Kara Kowalski the speaker claims the her punishment made here become socially isolated from her peers and received bad treatment from teachers and administrators. She created a myspace page dedicated to making fun of her classmates. The case was limited the school is allowed to take action because she was targeting someone. 

• Hate site, led to students missing school

• Anti cyber bullying laws

• Interfered with the work of school

Wallace v. Jaffree

An Alabama law authorized a period of silence for “meditation or voluntary prayer”. In their practice, prayer was often read out loud in unison. The state of Alabama couldn’t do this because the government is pretty much endorsing religion. If it was a private school they were able to practice religion as much as they want.

• Violated establishment clause

• “Meditation and voluntary prayer”

• School led prayer in class

• Students who didnt join were ostracized

Santa Fe. V Doe

Texas school district policy suggested a student-lead prayer before football games. During class students would vote on which student would lead the prayer that week. The prayer would be said over the stadiums P.A system. Mormons and catholic student and parents filed a lawsuit arguing it violated the establishment clause. Since others might not be religious this is viewed as government endorsing religion. Since it was public speech it was forcing others to support or participate in the prayer.

• Student led prayer at football game, speech was done over Pa system

• Violated establishment clause

New York Times v. US

Time period is in vietnam war, and one source says America is doing really well in the war, and another source says that America is doing really terrible and it looks bad. A man has access to the pentagon papers and he shows others that the government is lying to everyone. They give hints every day. The government tells NY times to censor what they're sharing and NY times sues. Since what NY times is doing it is not protecting are national security especially the time period were in. Court decides that they have freedom of press unless it harms national security.

• Censorship of pentagon papers

• Publishing leaked, classified info

• Prior restraint

• Violated press clause

substansive due process

 prohibits the government from infringing on fundamental constitutional liberties like your life, liberty, and property

procedral due process

 Making sure the government followed procedures when taking away your life, liberty, and property

writ of habeas corpus

Requires the court to present evidence against you to the court pre trial

bail

Temporary release of an accused person while in jail

grand jury

decides if it should be taken to trial

the exclusionary rule

prevents government from using evidence that violates the defendants rights

double jeopardy

 A suspect can’t be tried or punished for the same crime twice

miranda rights

 rights stated before trial/at time of arrest right to a lawyer, right to remain silent Not obligated/no pressure to give information.

suffrage

your right to vote

De jure segregation

segregation enacted by federal, state, and local governments

 De facto segregation

Segregation enacted by private actors w/o direct government involvement

Civil Rights Act of 1964

removed barriers to black enfranchisement in the south, banning poll taxes, literacy tests, and other measures that effectively prevented african americans from voting. *Disallows discrimination of race, sex, national origin, and religion.

grandfather clause

restricting african americans to vote due to their ancestors not being eligible to.

Redlining

the practice of denying people access to credit because of where they live, even if they are personally qualified for loans.

*Tended to be obviously black neighborhoods

 Explicit racial bias

aware of our racial bias, tend to embrace it

 Implicit racial bias

unaware of the racial bias

Jim crow laws

state and federal secregrated laws

Scott V Sanford

 In this case Dred Scott a slave. Argued that he and his family shall be freed because they lived on property where slavery was banned. After many and countless suing it was finalized that salves weren’t citizens in the United States nor they can’t be protected by the federal government  

Plessy V Ferguson

an African American man from New Orleans named Homer Plessy challenged segregated train cars. In 1892, Plessy boarded a "whites-only" compartment on a train, and was arrested when he refused to move to a "colored" compartment when called upon to do so. (Plessy planned to be arrested, intending to test the constitutionality of Louisiana's segregation law by arguing that it violated the Fourteenth Amendment's guarantee of equal protection under the law for all citizens). Plessy's case against segregation wound its way through the court system, finally arriving in the Supreme Court in 1896.