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49 Terms
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Popular Sovereignty
power remains with the people (principles of the constitution w/ examples)
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Checks and Balances
system that keeps the government equal (principles of the constitution w/ examples)
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Separation of Powers
each branch of government has a specific role or duty (principles of the constitution w/ examples)
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federalism
the government should remain limited in its power (principles of the constitution w/ examples)
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rule of law
all people must follow the law (principles of the constitution w/ examples)
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federalism
the federal government and state governments must function together (principles of the constitution w/ examples)
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expressed
powers expressed in the Constitution for the federal government (principles of the constitution w/ examples)
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reserved
powers reserved for the state government (principles of the constitution w/ examples)
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concurrent powers
powers that both the federal government and state governments share (principles of the constitution w/ examples)
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Preamble purpose
the introduction to the constitution (organization of the constitution)
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Bill of Rights
The purpose of the Bill of Rights is to secure natural rights and protect the people from the government. (organization of the constitution)
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Supremacy Clause
declares that the federal government is supreme to the state governments (organization of the constitution)
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Elastic Clause
permits Congress to stretch the powers of the Constitution to make laws necessary (organization of the constitution)
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Free Exercise Clause
allows people to freely exercise any religion as long as it does not infringe upon the rights of others (organization of the constitution)
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Establishment Clause
states that the United States cannot establish a national religion because people have freedom of religion (organization of the constitution)
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Hazelwood v. Kuhlmeier
1st Amendment, Freedom of speech and press, Schools can restrict printed materials to protect the student body
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Tinker v. Des Moines
1st Amendment, Freedom of speech, Speech can be nonverbal, Students have the right to appropriately express themselves
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Engel v. Vitale
1st Amendment, Freedom of religion, Public schools cannot force students to pray (goes against the Establishment Clause)
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Engel v. Vitale
1st Amendment, Freedom of speech and assembly, Flag burning is an accepted form of protest
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Schenck v. US
1st Amendment, Freedom of speech, “Clear and present danger” speech is not protected
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Bethel v. Fraser
1st Amendment, Freedom of speech, Schools have a priority to protect the student body from lewd, suggestive language
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Mapp v. Ohio
4th Amendment, Right to Privacy, Exclusionary Rule, without probable cause, exigent circumstances, evidence in plain view, and/or a warrant, police cannot search, Evidence seized during a bad search is excluded
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Korematsu v. US
5th Amendment, Discrimination against American citizens, Japanese Internment , United States allowed to act in extreme measures to protect the majority
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Miranda v. Arizona
5th Amendment, Discrimination against American citizens, Japanese Internment , United States allowed to act in extreme measures to protect the majority
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Gideon v. Wainwright
6th Amendment, Denied due process and the right to a fair trial, Guaranteed the right to counsel, even if you cannot afford an attorney
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Roe v. Wade
14th Amendment, Abortion, trimester rules for abortions, Still allowed states to make decisions
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Dobbs v. Jackson
14th Amendment, Abortion, Overturned precedent set by Roe v. Wade, Returned abortion rights to the States
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Brown v. Board
14th Amendment, Due Process, Overturned “separate, but equal”, Integrate school systems
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Regents v. Bakke
14th Amendment, Due Process, Eliminated racial quotas used by school admissions, Allows for affirmative action
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TLO v. New Jersey
4th Amendment, Right to Privacy, Students have very little right to privacy in schools because the goal of the school is safety, Schools do not need a probable cause or a warrant to search, Only need reasonable suspicion
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1st Amendment rights
Freedom of: religion, speech, the press, assembly, petition (1st amendment, freedom of expression)
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censorship
Censorship is the ability to remove or edit material because it is inappropriate. (1st amendment, freedom of expression)
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slander and libel
spoken/written information the damages peoples reputations. (1st amendment, freedom of expression)
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search warrant
A search warrant is a legal document which allows the government to search someone’s property (4th amendment, right to privacy)
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search warrant requirements
Probable cause, the location of the search, and a judge’s signature on the warrant (4th amendment, right to privacy)
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a search warrant not needed
Searching cars, exigent circumstances (emergencies), and evidence in “plain view” (4th amendment, right to privacy)
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the accused rights are protected
It is important that an accused person’s rights are protected because everyone is granted equal protection under the law. (5th, 6th, and 8th amendments, rights of the accused)
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due process
Indictment is the process of bringing formal charges against someone accused of a crime. (5th, 6th, and 8th amendments, rights of the accused)
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indictment
Indictment is the process of bringing formal charges against someone accused of a crime. (5th, 6th, and 8th amendments, rights of the accused)
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eminent domain
Eminent domain is the government’s ability to take private property to use for public works. (5th, 6th, and 8th amendments, rights of the accused)
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double jeopardy
Right to an attorney, know what you’re being arrested for, speedy trial, public trial, face your accusers, etc. (5th, 6th, and 8th amendments, rights of the accused)
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rights guaranteed in a trial
Right to an attorney, know what you’re being arrested for, speedy trial, public trial, face your accusers, etc. (5th, 6th, and 8th amendments, rights of the accused)
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Quartering Act
The Quartering Act allowed British soldiers to be placed in the homes of American colonists during the Revolutionary War. (other amendments)
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federal government regulate guns but 2nd Amendment gives right to bear arms
The 2nd Amendment allows citizens the right to bear arms, but the federal government can still ban the purchase of firearms based on age, criminal background check, and mental health. Certain types of weapons and accessories are also banned. (other amendments)
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9th Amendment
The 9th Amendment guarantees that not all civil rights are listed in the Constitution, so people are afforded additional liberties although not present in the document.
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10th Amendment
The 10th Amendment “reserves power” to the states, which is why states can make their own laws (think about federalism). (other amendments)
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7th Amendment
The 7th Amendment guarantees the right to a civil trial by jury if the value of the lawsuit is more than $20. (other amendments)
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14th Amendment
The 14th Amendment further details equal protection by elaborating on due process and equal treatment under the law. (other amendments)
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limited government
the concept of a government limited in power. It is a key concept in the history of liberalism.