American Government, Civil Liberties, and Civil Rights Flashcards

Flashcards based on lecture notes about American Government, the Constitution, Civil Liberties, and Civil Rights.

What rights are guaranteed by the First Amendment?

Freedom of speech, religion, press, assembly, and petition.

What right is guaranteed by the Second Amendment?

Right to bear arms for self-defense.

What does the Third Amendment protect against?

No forced quartering of soldiers.

What protection does the Fourth Amendment provide?

Protection against unreasonable searches and seizures.

What rights are included in the Fifth Amendment?

Right to due process and protection against self-incrimination.

What right is guaranteed by the Sixth Amendment?

Right to a fair and speedy trial.

What right does the Seventh Amendment provide?

Right to a jury trial in civil cases.

What protection does the Eighth Amendment offer?

Protection against excessive bail and cruel punishment.

What does the Ninth Amendment state?

Rights not listed are still protected.

What does the Tenth Amendment specify?

Powers not given to the federal government are reserved for the states or people.

What is the purpose of the amendment process?

To allow changes to the Constitution over time.

What is a government?

The organization through which a society makes and enforces laws, allocates power, and provides public services.

What is politics?

The process of deciding who gets what, when, and how.

What are private goods?

Goods provided by private businesses for profit.

What are public goods?

Goods available to all free of charge.

What are toll goods?

Goods accessible only if one can pay.

What are common goods?

Goods free to use but limited in supply.

What is capitalism?

Private ownership of the means of production, driven by profit and competition.

What is socialism?

Government ownership of production with wealth redistributed via public programs.

What is a democracy?

Power lies with the people.

What is a representative democracy (Republic)?

Citizens elect officials to make laws.

What is a direct democracy?

Citizens vote on laws directly

What is a monarchy?

Ruled by a king or queen.

What is an oligarchy?

Small elite group holds power.

What is totalitarianism?

Government controls all aspects of life.

What is the elite theory?

Small groups of wealthy and powerful individuals dominate the government.

What is the pluralist theory?

Political power is distributed among many organized interest groups.

What are tradeoffs in government?

Compromises made when different interests conflict.

Why is civic engagement important?

Citizens influence policies and hold the government accountable.

What are the roots in English Tradition?

Ideas such as natural rights, social contract theory, and limited government.

What were the recognition of the Magna Carta (1215)?

Early recognition of due process and property rights.

What did the English Bill of Rights (1689) do?

Reinforced constitutional monarchy and individual liberties.

What tensions existed with Britain?

Taxation without representation, trials without juries, and military occupation.

What did the Articles of Confederation Create?

Sovereign states with a weak central government

What powers did the Articles of Confederation not have?

Could not tax, regulate commerce, or raise an army.

What did the Great Compromise state?

House based on population; Senate with equal state representation.

What did the Three-Fifths Compromise state?

Counted 60% of enslaved populations for representation and taxation.

What is popular sovereignty?

Authority derived from the people.

Federalists vs. Anti-Federalists

Federalists supported a strong central government while Anti-Federalists feared tyranny and demanded a Bill of Rights.

Amendment Process Outlined in Article V

Outlined in Article V: Proposed by ⅔ of Congress or ⅔ of state legislatures and Ratified by ¾ of state legislatures or state conventions.

What did the Bill of Rights protect?

Protected freedoms like speech, religion, and due process.

What did the 13th amandment do?

Abolished slavery.

What did the 14th amandment do?

Equal protection under the law.

What did the 15th amandment do?

Voting rights regardless of race.

What did the 19th amandment do?

Women’s suffrage.

What is federalism?

A political system dividing power between a national government and subnational units (states).

What is a unitary system?

Centralized.

What is a confederation?

Power held by states

What is a federal system?

Balance of national and state authority.

What are enumerated powers?

Listed in Article I, Section 8 (e.g., coin money, declare war).

What are implied powers?

From the 'necessary and proper' (elastic) clause.

What are reserved powers?

Via the 10th Amendment (state powers not given to the federal government).

Dual Federalism

National and state governments operate in distinct areas.

Cooperative Federalism

National government actively supports states via funding and regulations.

New Federalism

Emphasizes state flexibility and decentralization.

Categorical grants

Specific purposes, strict rules.

Block grants

General areas, more state discretion.

General revenue sharing

Minimal federal strings.

Funded mandates

Federal support for required actions.

Unfunded mandates

Requirements with no financial aid.

Venue Shopping

Interest groups move issues to the level of government most likely to favor their cause

Advantages of Federalism

Promotes political participation at multiple levels and Encourages policy innovation (states as “laboratories”).

Disadvantages of Federalism:

Economic disparities and Obstruction of national policies

Civil liberties

limitations placed on government to protect individual freedoms

Civil rights

protections provided by the government to ensure equal treatment

Establishment Clause

prevents government from promoting religion.

Free Exercise Clause

Protect religious practice.

Freedom of Press

Bars prior restraint

Warrant Exceptions

Consent, Incident to a lawful arrest, Plain view doctrine…

Exclusionary Rule

Evidence obtained in violation of the Fourth Amendment cannot be used in court.

Double Jeopardy Clause

No trial twice for the same offense.

Self-Incrimination

Right to remain silent

Due Process Clause

Guarantees fair procedures before depriving someone of life, liberty, or property.

Takings Clause

Just compensation for eminent domain

Gideon v. Wainwright

States must provide an attorney for defendants who cannot afford one

Ninth Amendment

States that the enumeration of certain rights in the Constitution does not deny the existence of others

Tenth Amendment

Powers not given to the federal government are reserved for the states or the people

Civil Rights

government guarantees ensuring equal treatment under the law

Due Process Clause (5th Amendment)

protects from federal government injustice.

Equal Protection Clause (14th Amendment)

mandates state-level equal treatment.

De jure

legally sanctioned discrimination

De facto

societal or institutionalized biases without explicit legal backing

Lawrence v. Texas (2003)

invalidated sodomy laws.

Obergefell v. Hodges (2015)

legalized same-sex marriage.

Americans with Disabilities Act (ADA, 1990)

Bans employment discrimination and Requires accommodations in public spaces, schools, and transportation.