Federal Government TCC Unit 1 Exam

Article 1

This article establishes Congress.

Article 2

This article establishes the executive branch & presidential powers.

Article 3

This article creates the judiciary/federal courts

Enumerated powers

Powers of the federal government that are specifically stated in the constitution

Implied powers

powers that are not directly stated in the constitution but can be understood to be granted

Habeas corpus (Great Writ)

A claim of erroneous arrest, detention, or conviction

Bill of attainder

an illegal act of legislature finding a person guilty of treason or felony without trial. (no punishment without trial)

Ex-post facto law

A law that punishes someone for an act that was committed before it was illegal.

Full Faith and Credit Clause

states must honor/recognize other states' judicial proceedings (marriage, drivers licence)

Extradition

The legal process by which a fugitive from justice in one state is returned to the state in which crime was committed

Priviliges and immunities

one state cannot discriminate against other-states' residents

Judicial Review

The power of the (supreme) courts to declare laws unconstitutional

Federal Judges' appointments

serve for life, appointed by the President at the time

Judicial activism

a philosophy of making new law through interpreting the constitution

Judicial Restraint

Philosophy where judges defer to the policy decisions of elected officials

Original Jurisdiction

The trial, evidence + facts are litigated, the first court that sees a case

Appellate Jurisdiction

After conviction, a person claims a procedural/constitutional error; facts not an issue

Federal District Courts

the courts of the national government that deal with problems between states, with the constitution, and with laws made by congress

Circuit Courts

Part of federal court system-13 federal circuit courts; one for the D.C. and 12 for the rest of the country.

4 Judges

Number of supreme court judges required to take a case

5 Judges

Number of supreme court judges required to win a case

Government cant establish religion

First amendment provides freedom of establishing/practicing a religion (The US does not have an official religion)

Practicing Religion

Cannot be discriminated against for whatever religious beliefs you may claim

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition.

2nd Amendment

The right to bear arms (but the government can place restrictions on ownership)

4th Amendment

no unreasonable searches/seizures (Without a warrant or probable cause, police must get consent to search for a SPECIFIC thing).

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

"twice put in jeopardy of life or limb"

(Civil case - property; Criminal case - life or limb)

Plead the 5th

the right to remain silent and be represented at trial by informed lawyer or legal representative

Eminent Domain

the right of a government or its agent to expropriate private property for public use, with payment of compensation.

6th amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel and unusual punishment

9th Amendment

Not all rights are listed in the constitution, it can be amended.

10th Amendment

Rights suggested by other laws, privacy suggested by 3rd and 4th amendments. Reserved powers of the states.

13th Amendment

prohibits slavery

14th Amendment

Declares that all people born in the U.S. are citizens and are guaranteed equal protection of the laws.

15th Amendment

Gave African American men the right to vote

16th Amendment

Allows the federal government to collect income tax

19th Amendment

Gave women the right to vote

24th Amendment

Abolishes poll/voting taxes

26th Amendment

Lowered the voting age from 21 to 18

Social Contract Theory

The belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the declaration of independence.

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Constitutional Convention

The meeting called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.

how does the constitution deal with slavery

When counting population for purposes of representation, black men counted as ⅗

Checks and Balances

used to keep the government from getting too powerful in one branch

Congress makes the law (Legislative

President enforces the law (Executive)

Courts interpret the law (Judiciary)