Unit 1 government Test

Ch1,4,5

The Constitution

The nation’s fundamental legal framework. It establishes the structure of government, distributes governmental power, and protects individual rights.

The 6 Principles

The six major principles are popular sovereignty, rule of law, separation of powers and checks and balances, federalism, an independent judiciary, and individual rights.

Popular Sovereignty

The principle that political power ultimately belongs to the people, who govern directly or through elected representatives.

Rule of Law

The principle that everyone, including government officials, must follow established laws and constitutional limits.

Separation of Powers

The division of national government power among the legislative, executive, and judicial branches.

Checks and Balances

A system in which each branch of government has ways to limit the actions of the other branches.

Federalism

The division of power between the national government and state governments.

Independent Judiciary

A court system separate from the political branches, allowing judges to decide cases according to law rather than political pressure.

Individual Rights

Freedoms and legal protections that prevent unjust government action against people.

Preamble

The introduction to the Constitution. It explains the purposes of government and begins with “We the People,” expressing popular sovereignty.

Articles

The seven main sections of the Constitution that establish the structure and responsibilities of the national government and relationships among the states.

Amendment Process

The formal procedure for changing the Constitution through proposal and ratification under Article V.

Formal Amendment

An official written change to the Constitution adopted through the Article V process.

Delegated Powers

Powers given to the national government by the Constitution. They include expressed and implied powers.

Expressed Powers

Powers specifically listed in the Constitution, such as taxing, declaring war, coining money, and regulating interstate commerce. They are also called enumerated powers.

Implied Powers

Powers not stated word-for-word but reasonably connected to carrying out expressed powers.

Inherent Powers

Powers understood to belong to a sovereign national government because they are necessary for it to function, such as recognizing foreign nations.

Reserved Powers

Powers kept by the states or the people because they were not delegated to the national government.

Exclusive Powers

Powers that only one level of government is allowed to exercise in a particular area.

Concurrent Powers

Powers shared by the national and state governments, such as taxation and law enforcement.

Supremacy Clause

The rule that the Constitution, valid federal laws, and treaties are the supreme law of the land and take priority over conflicting state laws.

Privileges and Immunities Clause

The rule that states may not unfairly discriminate against citizens of other states.

Marbury v. Madison

The Supreme Court case that established judicial review—the power of courts to determine whether laws and government actions violate the Constitution.

Nation

A group of people connected by shared culture, language, history, or identity.

State

A geographic area with a government, territory, population, legal system, and sovereignty.

Texas v. Johnson

The Supreme Court case holding that burning the American flag as a political protest is protected symbolic speech under the First Amendment.

Schenck v. United States

The standard spelling of the case listed as “Shenk” in the study guide. The case upheld a restriction on anti-draft speech during wartime and used the “clear and present danger” approach.

Tinker v. Des Moines

The Supreme Court case holding that public-school students generally retain freedom-of-speech rights at school, including symbolic expression, unless it substantially disrupts school activities.

Sovereignty

The right to exercise supreme authority over a territory, a group of people, or oneself.

Public Goods

Products or services available for everyone to use, whether or not each person directly pays for them, such as roads, schools, and national defense.

Political Activity

Purposeful action intended to influence government or achieve a political goal, such as voting, protesting, campaigning, negotiating, or contacting officials.

Machiavellian

Describes political behavior that uses cunning, manipulation, or whatever strategy seems necessary to gain or maintain power.

Power

The ability to cause other people to behave in ways they might not otherwise choose.

Civil Disobedience

The deliberate, public, and usually nonviolent violation of a law considered unjust, intended to draw attention to the injustice and encourage change.

Building Blocks of Government

The two basic means government needs to function: coercion, or the ability to enforce laws, and revenue, usually collected through taxes.

Legitimacy

The quality of being accepted as a valid source of authority. A government is legitimate when people recognize its right to rule.

Horse Trading

Bargaining in which each side gives up something to gain something else, usually to reach a political compromise.

Due Process

The requirement that government use fair legal procedures before depriving a person of life, liberty, or property.

Judicial Review

The power of courts to declare laws or government actions unconstitutional.

Eminent Domain

The government’s power to take private property for a public purpose, provided that it gives just compensation.

Amending the Constitution

Formally changing the Constitution through proposal and ratification under Article V.

The Supreme Court

The highest court in the United States. It interprets the Constitution, decides important federal questions, and establishes precedents for future cases.

The Bill of Rights

The first ten amendments to the Constitution, which protect civil liberties and limit government power.

First Amendment

Protects freedom of religion, speech, press, peaceful assembly, and petition.

Second Amendment

Protects the right to keep and bear arms and refers to the importance of a well-regulated militia.

Third Amendment

Protects people from being forced to house soldiers in their homes without consent.

Fourth Amendment

Protects against unreasonable searches and seizures and generally requires warrants based on probable cause.

Fifth Amendment

Protects due process, the right against self-incrimination, protection from double jeopardy, and just compensation when property is taken for public use.

Sixth Amendment

Guarantees rights in criminal trials, including a speedy and public trial, an impartial jury, notice of charges, the ability to confront witnesses, and legal counsel.

Seventh Amendment

Protects the right to a jury trial in many civil cases.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Ninth Amendment

Recognizes that people have rights beyond those specifically listed in the Constitution.

Tenth Amendment

Reserves powers not delegated to the federal government for the states or the people.

Establishment Clause

The First Amendment provision prohibiting government from establishing or officially supporting a religion.

Equal Protection Clause

The Fourteenth Amendment provision requiring states to provide equal protection of the laws and equal legal treatment.

Necessary and Proper Clause

The clause authorizing Congress to make laws necessary and proper for carrying out its constitutional responsibilities. It supports implied powers and is also called the Elastic Clause.

Incorporation

The process through which the Supreme Court applies provisions of the Bill of Rights to state governments through the Fourteenth Amendment’s Due Process Clause.

Prior Restraint

A government effort to stop information from being published before publication occurs. Courts generally view it as especially dangerous to freedom of the press.

Hague v. CIO

The Supreme Court case holding that officials could not use permit requirements unfairly to suppress labor unions. Public-space regulations may be allowed if they are neutral and applied equally.