U1: Government Foundations (Entire Unit)

Bicameral Legislature

Two chambers of congress.

Great Compromise

(AKA: Connecticut Compromise)

Created a bicameral legislature. In the House of Representatives seats would be determined by the state's population. In the Senate each state would have two members.

Three Fifths Compromise

Counting a slave as 3/5ths a person for the census. (Thus giving South more seats/power in the House of Representatives)

Proposing an Amendment

Requires approval by ⅔ of both houses of Congress.

Ratifying an Amendment

Requires approval of ¾ of the state legislatures.

Separation of Powers

Powers is divided between the Legislative Branch, Executive Branch, and Judicial Branch.

Checks and Balances

The branch of government checks the power of the other two branches (Ex. Senate confirms the Presidential appointments)

Judicial Review

Supreme Court decides if government action is constitutional.

Federalism

The division of powers between the national government and state governments.

Federalist

A person who supported the ratification of the constitution because they saw a need for stronger central government.

Anti-Federalist

A person who opposed the ratification of the constitution because it gave too much power to the national government and they were worried about the people's liberty.

Direct Democracy

The population of a country votes on each policy issue themselves.

Representative Democracy

The population of country elects leaders to make decisions on enacting policy.

Confederacy

A government in which states have the authority. The states choose to delegate power to the central government.

Articles of Confederation

A government which rests on state sovereignty. It is also the first official government of the United States.

Government

The institution that makes and enforces public policy.

Public Policy

Anything that a government chooses to do.

Legislative Branch

The portion of the government that create laws.

Executive Branch

The portion of the government that enforces laws.

Judicial Branch

The portion of the government that interprets laws.

Marbury v. Madison (1803)

The Supreme Court ruled that the Supreme Court possesses the power of judicial review.

Declaration of Independence

Declared the American colonies had the right abolish an unrepresentative government because all men have the right to life, liberty, and the pursuit of happiness.

Federalism

The division of power between the national government and state governments.

Enumerated Powers

Powers that belong to the national government.

Concurrent Powers

Powers that belong to both the national government and state governments.

Reserved Powers

Powers that belong to the state governments.

Necessary and Proper Clause

Justifies that Congress has implied powers in order for it to carry out expressed powers.

Initiatives

Starts with people signing a petition to have a measure go the ballet for residents to determine if it will become law.

Referendums

Starts in state legislatures but ends at the ballot where the state residents determine if it will become law.

Categorical Grant

Money given from the national government to the state governments for a specific purpose. There are many strings attached.

Block Grant

Money given from the national government to the state governments for a broad purpose. There are not many strings attached.

Mandate

The national government forces that state governments to do something but they do not pay for it.

Full Faith and Credit Clause

Judicial decrees and contracts made in one state are binding in another.

Privileges and Immunities Clause

States cannot discriminate against residents of other states.

Extradition Clause

States must return criminal to another state if there is warrant out of their arrest.

Interstate Compacts

Contacts between states that carry the force of law (with congressional approval).

McCulloch v Maryland (1819)

The Supreme Court ruled that Congress has the right implied powers.

United States v. Lopez (1995)

The Supreme Court ruled that Congress could not ban guns under the commerce clause.

Supremacy Clause

The portion of the Constitution that says when national and state laws conflict the national government is supreme.

10th Amendment

Says that powers not granted to the national government and denied to the states are reserved for the states.

Pardon

To forgive for a crime.

Commute

To reduce a punishment.

Reprieve

To postpone a punishment.

Parole

To release someone from jail with the condition that certain requirements are met.

5th Amendment

-Due Process Clause: Protects our liberty from national government -Right not to incriminate yourself -Double Jeopardy: can't be charged with the same crime twice

14th Amendment

-Due Process Clause: protects liberty from the state governments -Equal Protection Clause: makes sure states treat all their citizens fairly -Citizenship Clause: people born here are citizens.

Procedural Due Process

The methods of the government must be fair and just.

Substantive Due Process

The policies of the government must be fair and just.

Selective Incorporation

The Supreme Court applies a portion of the bill of rights to the state government. It is justified by the due process clause of the 14th amendment.

1st Amendment

Protects religion, speech, press, assembly, & petition

Libel

-Written lies/ Not protected by 1st amendment.

Slander

-Spoken lies./ Not protected by 1st amendment.

Symbolic Speech

-Nonverbal expression(wearing armband/ burning flag)/ It is protected by 1st amendment.

Establishment Clause

Prohibits the creation of government established religion.

Free Exercise Clause

Citizens have the right to practice their religion.

2nd Amendment

Gives people the right to possess firearms for the most part.

4th Amendment

Government cannot search your house without a search warrant.

Exclusionary Rule

Illegally obtained evidence cannot be used in court.

6th Amendment

Right to counsel and jury trial

8th Amendment

No cruel or unusual punishment.

Writ of Habeas Corpus

A person being held must be brought before a judge and given charge with sufficient evidence.

Ex Post Facto Law

Laws that apply to actions committed before the law was passed.

Bill of Attainder

A legislative act that inflicts punishment on individuals without judicial action.

Dred Scott v. Sanford (1857)

Made the banning of slavery unconstitutional. Slaves are property and can go anywhere in the U.S.

13th Amendment

Abolished slavery.

15th Amendment

Right to vote cannot be denied due to race.

Jim Crow Laws

Segregation by state or local law.

Plessy v. Ferguson (1896)

'Separate but equal' is viewed as constitutional.

24th Amendment

Made it illegal to charge someone in order to vote.

Brown v. Board of Education (1954)

Declared 'separate but equal' doctrine as unconstitutional.

Civil Rights Act of 1964

Banned segregation in public accommodations.

Voting Rights Act of 1965

National government would enforce law thus stopping many states' disenfranchisement of African Americans.

19th Amendment

The right to vote cannot be denied due to sex.

Affirmative Action

The label placed on institutional efforts to diversify by race or gender.

Americans with Disabilities Act (ADA)

Extended Civil Rights Act of 1964 to include people with disabilities/ Guarantees access to public facilities.

Equal Pay Act of 1963

Prohibit discrimination on account of sex in the payment of wages by employers.

14th Amendment

Due Process Clause: that protects liberty from the state governments/ Equal Protection Clause: makes sure states treat all their citizens fairly/ Citizenship Clause: people born here are citizens.