American Government Constitutional Principles

These flashcards cover various terms and concepts from American government and constitutional principles, helping students prepare for their exams.

Advice and consent

The power of the Senate to approve treaties and appointments made by the President.

Annapolis Convention

A meeting held in 1786 aimed at creating uniform trade regulations among states.

Antifederalists

Opponents of the Constitution who feared a strong national government.

Barron v. Baltimore (1833)

Supreme Court case that ruled the Bill of Rights applies only to the federal government.

Bill of Rights

The first ten amendments to the Constitution, added in 1791 to protect individual liberties.

Checks & Balances

A system that allows each branch of government to limit the powers of the others.

Confederation Congress

The governing body that replaced the Continental Congress, with authority to make treaties and declare war.

Constitutional Convention

The 1787 meeting in Philadelphia where the current Constitution was drafted.

Cruel & Unusual punishments

Prohibited by the 8th Amendment, meaning penalties that are barbaric or severe.

Delegation

The transfer of authority from one person or group to another.

Due Process clause

Prohibits arbitrary deprivation of life, liberty, or property.

Elastic clause

The clause that grants Congress the power to pass all laws necessary and proper for carrying out its duties.

Electoral college

A body of electors established by the Constitution to elect the President.

Enumerated powers

Powers explicitly listed in the Constitution.

Extradition

The action of delivering a person accused of a crime to the jurisdiction of the law.

Federalists

Supporters of the Constitution who favored a strong national government.

Full faith and credit clause

Requires states to recognize the public acts, records, and judicial proceedings of other states.

Great compromise

Created a bicameral legislature with proportional representation in the lower house and equal representation in the upper house.

Impeachment

The process of charging a government official with misconduct.

Implied powers

Powers not specifically listed in the Constitution but necessary to carry out the enumerated powers.

Inherent powers

Powers that are not enumerated or implied but are essential for the government to function.

Legislative Supremacy

The doctrine that asserts the legislature is superior to other branches when making laws.

Marbury v. Madison (1803)

Established judicial review, allowing courts to strike down laws that violate the Constitution.

McCulloch v. Maryland (1819)

Defined the scope of Congress's legislative power and upheld the implied powers doctrine.

Necessary & proper clause

The clause that enables Congress to make laws required to execute its powers.

New Jersey Plan

Proposed a unicameral legislature with equal representation for each state.

Nullification

The theory that a state can invalidate any federal law it deems unconstitutional.

Preemption legislation

When a higher level of government limits the authority of a lower level over specific issues.

Privileges & Immunities clause

Prevents states from discriminating against citizens of other states.

Republic

A form of government in which power resides with the people and their elected representatives.

Supremacy clause

Declares that the Constitution and federal laws take precedence over state laws.

Tenth Amendment

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

Stamp Act Congress (1765)

An assembly of representatives from several colonies to protest British taxation.

Virginia Plan

Proposed a strong national government with two legislative chambers based on population.

Affirmative action

Policies aimed at increasing opportunities for historically underrepresented groups.

Black codes

Laws that restricted the freedoms of African Americans post-Civil War.

Brandenburg v Ohio

Established that speech can only be limited if it incites imminent lawless action.

Brown v. Board of Education

Declared racial segregation in public schools unconstitutional.

Civil rights

Rights protected by the government against arbitrary or discriminatory treatment.

Civil liberties

Protections against government interference with personal freedoms.

Clear and present danger test

Standard for limiting speech that presents a significant risk of inciting harm.

Community standards

Criteria used to determine if material is obscene based on the average person's values.

Coverture

Legal doctrine that a married woman’s legal rights are subsumed by her husband.

De facto segregation

Segregation that occurs in practice but not enforced by law.

De jure segregation

Segregation enforced by law.

Dred Scott v Sanford (1857)

Ruled that African Americans were not citizens and had no standing to sue.

Engel v Vitale

Ruled that school-sponsored prayer is unconstitutional under the Establishment Clause.

Equal protection clause

Part of the Fourteenth Amendment that prohibits states from denying equal protection under the law.

Free exercise clause

Protects individuals' rights to practice their religion as they see fit.

Fugitive Slave Act

Law requiring the return of escaped slaves to their owners.

Furman v Georgia

Supreme Court case that found the death penalty violated the 8th Amendment.

Gitlow v New York

Extended the First Amendment's provisions to state governments.

Grandfather clause

Laws that exempted certain individuals from requirements imposed on others, often used to disenfranchise voters.

Hate crime

A crime motivated by prejudice against a particular group.

Incitement

Encouraging another person to commit a crime, not protected under the First Amendment.

Jim Crow Laws

Laws enforcing racial segregation in the Southern United States.

Lemon test

Test to determine if government action violates the Establishment Clause.

Lawrence v Texas

Struck down laws criminalizing consensual homosexual activity.

Libel

Written false statements that damage a person's reputation.

Miranda rule

Requires that individuals in custody be informed of their rights.

Neutrality test

See Lemon test.

New York Times v Sullivan

Established the standard for defamation cases involving public figures.

Obergefell v Hodges

Ruled that same-sex marriage is constitutional under the Due Process and Equal Protection Clauses.

Plessy v Ferguson

Established the 'separate but equal' doctrine for segregation.

Poll tax

A fee charged to vote, used to disenfranchise African American voters.

Prior restraint

Government action that prevents publication or speech before it occurs.

Racial profiling

Law enforcement targeting individuals based on race rather than behavior.

Regents of the University of California v Bakke

Ruling that racial quotas in college admissions are unconstitutional.

Reverse discrimination

Discrimination against majority groups in favor of minority groups.

Reynolds v United States

Religious duty does not exempt individuals from criminal indictment.

Roe v Wade

Established a woman's legal right to have an abortion.

Schenck v United States

Established the clear and present danger test for limiting speech.

Slaughterhouse Cases

Ruled that the Privileges or Immunities Clause of the Fourteenth Amendment only applies to federal citizenship.

Sweatt v Painter

Ruled that separate educational facilities are inherently unequal.

Segregation

The practice of separating individuals based on race.

Seneca Falls Convention

The first women's rights convention held in 1848.

Suffrage

The right to vote in political elections.

Suffragists

Individuals advocating for the extension of voting rights, especially to women.

Texas v Johnson

Ruled that desecrating the flag is protected under the First Amendment.

Tinker v Des Moines

Established students' rights to free speech in public schools.

United States v Lopez

Declared that Congress could not regulate guns in schools under the Commerce Clause.

White primary

A primary election where only white voters were allowed to participate.

Administrative adjudication

When executive agencies resolve disputes like courts.

Administrative Procedures Act

Governs how federal agencies develop regulations.

Agency loss

The divergence between what citizens want and how agents actually behave.

Attorney general

The principal legal officer representing a state or country.

Bureaucratic culture

Common values and practices shared within an organization.

Central clearance

Presidential directive for agencies to align proposals with presidential policy.

Civil service system

System for appointing government employees based on merit.

Entitlement

Government benefits that individuals are legally entitled to.

Entitlement reform

Proposals to change entitlement programs to reduce spending.

Fire alarm oversight

Monitoring of bureaucracy prompted by public or interest group complaints.

Gag rule

Limits members of the executive branch from discussing specific topics.

Government Accountability Office (GAO)

A legislative agency providing auditing services for Congress.

Inspectors general

Officials who investigate agency violations of laws.

Interstate commerce commission

Regulated transportation services between states before its dissolution.

National Security Council

Executive body advising the president on national security issues.

Pendleton Act

Established a merit-based system for federal employment.

Police patrol oversight

Active monitoring of executive agencies by Congress.

Progressive era

A period in American history marked by social activism and reform.