U.S. Government and Constitutional Law

Flashcards summarizing key concepts in U.S. Government and Constitutional Law based on lecture notes.

Glorious Revolution

The overthrow of King James II in 1688, replaced by William and Mary; established English Bill of Rights.

English Bill of Rights

A document passed in 1689 emphasizing limited monarchy and rights of individuals.

Social Contract

The theory positing that government's legitimacy arises from the consent of the governed.

Natural Rights

Fundamental rights inherent to all individuals, such as life, liberty, and property.

Magna Carta

A charter agreed in 1215 limiting the powers of the King and asserting rights of the nobility.

Due Process

Legal requirement that the state must respect all legal rights owed to a person.

Petition of Right

1628 document limiting the king's ability to tax without Parliament's consent.

Habeas Corpus Act

1679 Act reinforcing the right to challenge unlawful detention.

Articles of Confederation

The original constitution of the U.S., ratified in 1781, creating a weak federal government.

Bicameral Legislature

A legislative body with two chambers, as established in the U.S. Constitution.

Federalism

A system of government where power is divided between a central authority and constituent political units.

Judicial Review

The power of courts to assess whether a law is in compliance with the constitution.

Federalist Papers

A series of essays advocating for the ratification of the U.S. Constitution.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Vertical Separation of Powers

Separation of powers within different levels of government (federal, state, local).

Horizontal Separation of Powers

Separation of powers among the three branches of government (legislative, executive, judiciary).

Naturalization

The legal process by which a foreign citizen becomes a citizen of a country.

Federalist 10

An essay by James Madison arguing that a large republic would better guard against factionalism.

Three-Fifths Compromise

The constitutional provision counting three-fifths of a state's slave population for representation and taxation.

Supremacy Clause

Article VI of the Constitution stating that federal law takes precedence over state laws.

Bicameralism

The principle of a legislature having two chambers or houses.

Line Item Veto

The power of an executive to veto specific provisions of a bill without rejecting the entire bill.

Impeachment

The process by which a legislative body levels charges against a government official.

Judicial Independence

The concept that the judiciary should remain independent from other branches of government.

Political Question Doctrine

A doctrine preventing courts from adjudicating certain issues, usually political in nature.

Dormant Commerce Clause

The implied restriction on states from enacting legislation that discriminates against or excessively burdens interstate commerce.

Necessary and Proper Clause

The clause in the Constitution granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

Unwritten Constitution

The concept that the Constitution should be interpreted based on the traditions and practices that have developed over time.

Judicial Supremacy

The doctrine that the judiciary's interpretation of the Constitution is binding on all other branches of government.

Enumerated Powers

Powers specifically granted to Congress by the Constitution.

Reserved Powers

Powers not explicitly granted to the federal government nor prohibited to the states, are reserved to the states or the people.

Social Compact Theory

The theory that government was created through a contract among the people.

Unique Characteristics of the Constitution

The Constitution is written and acts as the supreme law, unlike the UK's unwritten constitution.

Cabinet Officials

The heads of the executive departments who advise the President.

Civil Rights

The rights of citizens to political and social freedom and equality.

Federal Government Powers

The powers granted to the federal government by the Constitution, primarily outlined in Article I.

Executive Power

The authority to enforce laws and administer public policy.

Constitutional Amendments

Formal changes to the Constitution requiring a specified process to be enacted.

Civic Responsibility

The duties and obligations of citizens to participate in their government.

Elite Theory of Politics

The idea that a small minority, consisting of members of the economic elite, holds the most power.

Pluralism

The theory that multiple groups within a society share power and influence government policy.

Unitary Executive Theory

The theory that the President possesses the power to control the entire executive branch.

System of Checks and Balances

A mechanism that prevents any one branch of government from becoming too powerful.

Political Parties

Organized groups of people that seek to gain political power by electing candidates to office.

Constitutional Legacy

The impact and influence of the Constitution on future laws and governance in the U.S.

Article I of the Constitution

Defines the Legislative branch, including its powers and limitations.

Article II of the Constitution

Defines the Executive branch and outlines the powers of the President.

Article III of the Constitution

Establishes the Judicial branch, its powers, and limitations.

Executive Orders

Directives issued by the President to manage the operations of the federal government.

Civil Liberties

Fundamental rights protected from infringement by government.

Majority Rule

The principle that the greater number should exercise greater power.

Minority Rights

The principle that protects the rights of minority populations in a democracy.

Rational Basis Test

A standard of review applied by courts to evaluate the constitutionality of legislation.

Strict Scrutiny

The highest standard of judicial review used by courts to evaluate laws that infringe on fundamental rights.

Intermediate Scrutiny

A standard of review used to evaluate laws that discriminate based on gender or legitimacy.

Status Quo Bias

The preference to keep things the same rather than change.

14th Amendment

Addresses citizenship rights and equal protection of the laws.

Marbury v. Madison

The landmark decision that established the principle of judicial review.

McCulloch v. Maryland

The Supreme Court case that established federal supremacy over state law.

Wickard v. Filburn

Supreme Court case that expanded the federal government's power under the commerce clause.

Roe v. Wade

The landmark decision that established a woman's legal right to an abortion.

Citizens United v. FEC

The Supreme Court ruling that allowed for unlimited independent expenditures on campaigns.

Griswold v. Connecticut

The case that established the right to privacy in marital relations.

Obergefell v. Hodges

The Supreme Court ruling that legalized same-sex marriage nationwide.

Nixon v. United States

The case that ruled courts cannot review Senate impeachment proceedings.

Hamdi v. Rumsfeld

The decision affirming that U.S. citizens can challenge detention as enemy combatants.

United States v. Lopez

A Supreme Court case limiting Congress's power under the commerce clause.

Naturalization Act

Law defining the process by which a foreign citizen can become a citizen of the U.S.

Precedent

Legal principle established in a previous case that is binding on similar subsequent cases.

Affirmative Action

Policies that favor individuals belonging to groups known to have been discriminated against previously.

Libel

A published false statement that is damaging to a person's reputation.

Slander

The action or crime of making a false spoken statement damaging to a person's reputation.

Equal Protection Clause

Part of the 14th Amendment that provides that no state shall deny to any person the equal protection of the laws.

Free Speech

The right to express any opinions without censorship or restraint.

Separation of Church and State

The distance in the relationship between organized religion and the nation state.

Second Amendment

Part of the Bill of Rights that protects the right to keep and bear arms.

Due Process Clause

Clause in the Bill of Rights that prohibits the government from depriving a person of life, liberty, or property without due process of law.

Public Opinion,

The aggregate of individual attitudes or beliefs shared by some portion of the adult population.

Civic Engagement

Individual and collective actions designed to identify and address issues of public concern.

Constitutional Interpretation

The process of determining what a constitution means and how it applies to various situations.

Prohibition Era

A period in U.S. history (1920-1933) when the manufacture, sale, and transportation of alcoholic beverages were constitutionally outlawed.

Media Influence on Politics

How information and news dissemination shape public perceptions and influence political decisions.

Minority Representation

The rights of minority groups to have a political voice and participate equitably in the political system.

Civil Disobedience

The active refusal to obey certain laws, demands, or commands of a government, typically as a form of peaceful protest.

Executive Privilege

The power of the President to resist certain subpoenas and other interventions by the legislative and judicial branches.

Fundamental Rights

Basic human rights that are considered to be inherently held by all people, such as the right to free speech.

Voting Rights

The rights of citizens to vote and participate in elections.

Constitutional Amendments Process

The method by which changes can be made to the Constitution.

Nullification

The theory that a state has the right to invalidate any federal law which it deems unconstitutional.

Fibbs v. Nanticoke

The decision emphasizing the significance of federalism and state sovereignty.

Equal Representation

The principle that all individuals should have the same level of political influence.

Judicial Activism

Judicial rulings suspected of being based on personal or political considerations rather than existing law.

Judicial Restraint

The principle that courts should be wary of overturning laws passed by legislatures.

Political Culture

The set of attitudes, beliefs, and sentiments that gives order and meaning to a political process.

Public Policy

The principles on which social laws are based.

Civic Duties

The responsibilities of a citizen to their governing body.

Capital Punishment

The legally authorized killing of someone as punishment for a crime.

Gun Control Laws

Legislation governing the sale, possession, and use of firearms.

Affirmative Defense

A response in which the defendant seeks to justify or excuse their actions.

Social Justice

Justice in terms of the distribution of wealth, opportunities, and privileges within a society.