govt test 1

What freedoms did most state constitutions protect in 1787?

Speech, religion, unreasonable search and seizure, and trial by jury.

Why did Anti-Federalists push for a Bill of Rights?

They believed individual liberties needed formal protection from government infringement.

What were Federalist arguments against a Bill of Rights?

They believed a Bill of Rights was unnecessary, as the Constitution already limited government power and protected rights.

what are enumerated powers?

Enumerated powers are specific powers granted to Congress by the Constitution, outlined in Article I, Section 8.

Who wrote the Bill of Rights and when was it ratified?

James Madison; ratified in 1791.

What does the 9th Amendment state?

Rights not listed in the Constitution still exist.

What does the 10th Amendment state?

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

What is the Incorporation Doctrine?

The process of applying the Bill of Rights to the states using the 14th Amendment.

What did Barron v. Baltimore (1833) decide?

The Bill of Rights only limited the federal government.

What case began the incorporation of free speech to the states?

Palko v. Connecticut (1937).

What is selective incorporation?

Only some rights in the Bill of Rights apply to the states.

What case clarified selective incorporation?

prohibits the government from establishing a national religion.

What is the Establishment Clause?

is a provision in the First Amendment to the United States Constitution that prohibits Congress from establishing a religion or favoring one religion over another, thereby ensuring the separation of church and state.

What is the Free Exercise Clause?

a component of the First Amendment to the US Constitution that prohibits the government from interfering with individuals' rights to practice their religion freely.

What test is used for Establishment Clause cases?

established in Lemon v. Kurtzman, determines if a law violates the Establishment Clause by evaluating its purpose, effect, and entanglement with religion.

what was the lemon test?

A three-part test established by the Supreme Court to determine if a law violates the Establishment Clause, assessing its purpose, effect, and entanglement with religion.

What is prior restraint?

a legal doctrine that prohibits governmental restrictions on speech or publication before it occurs, deemed unconstitutional under the First Amendment.

What does the Second Amendment protect?

The right to keep and bear arms, ensuring that individuals have the ability to possess weapons for self-defense and other lawful purposes.

What act first regulated firearms federally?

The National Firearms Act (1934).

What are the core amendments for the rights of the accused?

4th, 5th, 6th, and 8th Amendments.

What does the exclusionary rule state (Mapp v. Ohio, 1961)?

Evidence obtained illegally cannot be used in court.

What does the 5th Amendment protect?

It protects individuals against self-incrimination and guarantees due process of law.

What case guaranteed the right to counsel?

Gideon v. Wainwright (1963).

What did Furman v. Georgia (1972) address?

The inconsistent application of the death penalty.

Is the right to privacy explicitly in the Constitution?

No, but it's implied through several amendments.

What case established a right to privacy in contraception?-

Griswold v. Connecticut (1965).

What case extended privacy to abortion?

Roe v. Wade (1973).

What case protected consensual same-sex relationships?

Lawrence v. Texas (2003).

What case upheld physician-assisted suicide in Oregon?

Gonzales v. Oregon (2006).

What law expanded government surveillance post-9/11?

USA PATRIOT Act- A law enacted in 2001 that aimed to enhance law enforcement's ability to prevent terrorism through increased surveillance and information-sharing capabilities.

What did the Military Commissions Act of 2006 do?

Limited detainees' habeas corpus and due process rights.

What controversial interrogation method did the U.S. use post-9/11?

waterboarding

What is democracy?

A form of government in which the people govern directly or indirectly.

What is constitutionalism?

The idea that government is limited by a written constitution.

What is a free market system?

An economy based on supply and demand with limited government interference.

How does communism differ from a free market system?

In communism, the government owns nearly all major industries and manages the economy.

How does socialism differ from communism?

The government owns major industries and ensures a minimal standard of living, but does not control the entire economy.

What was the Stamp Act (1765)?

A British tax on paper goods that angered colonists.

What were the Townshend Acts?

British duties on colonial goods, including tea; led to boycotts.

What happened during the Boston Massacre (1770)?

British troops fired on a mob, killing several colonists.

What was the Tea Act (1773)?

Gave the East India Company a tea monopoly, worsening tensions.

What were the Coercive/Intolerable Acts (1774)?

Harsh British laws meant to punish Massachusetts for the Boston Tea Party.

What did the First and Second Continental Congresses do?

Drafted declarations, coordinated resistance, and eventually declared independence.

What Enlightenment idea influenced the Declaration of Independence?

John Locke’s Social Contract Theory.

What were major weaknesses of the Articles of Confederation?

No power to enforce treaties, no national military, weak central government.

What issues did state competition cause under the Articles?

Foreign nations manipulated divided U.S. states, causing confusion.

What were some successes of the Articles?

land Ordinance of 1785 and Northwest Ordinance of 1787.

Land Ordinance of 1785

The ordinance aimed to provide a standardized system for surveying and selling western lands

Northwest Ordinance of 1787

Defined the process for territories to become states; banned slavery in the Northwest Territory.

What event highlighted the need for a stronger central government?

Shays’ Rebellion

What did the Virginia Plan propose?

Representation based on population, favored large states.

What did the New Jersey Plan propose?

Equal representation for each state, favored small states

What was the Great Compromise?

Created a bicameral legislature with the House (by population) and Senate (equal).

How was slavery addressed at the convention?

Through the 3/5 Compromise

What were the framers trying to balance in the Constitution?

Strong government with protection of liberties and prevention of excessive democracy.

What does the 10th Amendment do?

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

What does the Full Faith and Credit Clause ensure?

States respect each other’s laws and court decisions.

What is the Supremacy Clause?

Federal law overrides conflicting state laws.

What are the two steps to amend the Constitution?

What are the two steps to amend the Constitution?

How can the Constitution be changed informally?

Judicial interpretation, social change, and use of executive power.

Who were the Federalists?

Supporters of the Constitution and a strong national government.

Who were the Antifederalists?

Opponents of the Constitution; feared central government power.

What concerns did Antifederalists raise?

Lack of representation, tyranny of the majority, loss of state power.

anti federalists consited of

small farmers, shopkeepers, laborers

What is an example of Progressive Federalism?

Obamacare

What is Progressive Federalism?

A modern approach where federal and state governments collaborate or act independently depending on political context.

What impact did Chief Justice Rehnquist have?

Strengthened states’ rights, reflecting conservative values of limited federal power.

What was significant about U.S. v. Lopez (1995)?

Limited Congress's power under the Commerce Clause, marking a shift toward states' rights.

What is judicial federalism?

The role of the courts, especially the Supreme Court, in resolving federal vs. state power disputes

What was the 1996 welfare reform?

Gave states more authority over welfare, promoting devolution.

What is general revenue sharing?

Federal aid to states with no specific spending requirements.

What are block grants?

Federal funds given to states for broad purposes, allowing more flexibility.

What is devolution?

Transferring responsibility from the federal government to state and local governments.

What is regulated federalism?

Federal government sets standards that states must follow, often using regulations or conditions on grants.

What was the New Deal’s impact on federalism?

Expanded federal government’s role in economic and social policy.

What is Cooperative Federalism?

National and state governments work together to provide services, often through federal grants.

What did the 17th Amendment (1913) do?

Allowed direct election of senators, reducing state power.

How did the Civil War and Reconstruction affect federalism?

Strengthened national power and led to more federal involvement in infrastructure and economy.

What was the Dred Scott decision (1857)?

Declared that Congress could not ban slavery in territories, increasing tension over federal vs. state power.

What was the Tariff of Abominations (1828)?

A tariff that led to tensions over nullification and state sovereignty.

What is Dual Federalism?

Belief in separate but equal power between state and federal governments.

What was the issue in Barron v. Baltimore?

The Bill of Rights did not apply to state governments (at that time

What was decided in Gibbons v. Ogden?

Only the federal government can regulate interstate commerce.

What was decided in McCulloch v. Maryland?

Congress has implied powers; states can't tax the federal government.

What is the Interstate Compact Clause?

Allows states to enter agreements with each other with congressional approval.

What is the Comity Clause?

Prevents states from discriminating against citizens of other states.

What is the Full Faith and Credit Clause?

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

What are concurrent powers?

Powers shared by both the state and federal governments (e.g., taxing, building roads).

What is police power in federalism?

State power to regulate health, safety, welfare, and morals of citizens.

What are "implied powers"?

not in constitution

What are "expressed powers"?

written in constitution

Why did the framers adopt federalism?

To limit the national government by creating a second layer of state governments with their own powers.