history unit 3 test

What is the principle of popular sovereignty?

The idea that the people are the source of all power held by the government.

What is the principle of limited government?

The government possesses only the powers the people give to it.

What is the principle of separation of powers?

Establishes three separate branches that share the government's power between legislative, executive, and judicial branches.

What is the principle of checks and balances?

Each branch of government has ways to limit the power of the other two.

What is the principle of judicial review?

The power of the courts to decide what the Constitution means and the power to determine the constitutionality of government action.

What is the principle of federalism?

The evenly divided power between a national government and local governments.

What are two dangers to be avoided in a democracy according to Montesquieu?

Spirit of Inequality and the Spirit of Extreme Equality.

Why did it take 72 years from the Seneca Falls Convention to the passage of the 19th Amendment?

Many people in the early history of the country, both men and women, did not think that women should be a part of public life or politics.

What is the difference between the Establishment Clause and Free Exercise Clause of freedom of religion?

Establishment Clause means the national government can't create a national church; Free Exercise Clause means individuals are free to practice any kind of religion.

What is the Exclusionary Rule?

means that any evidence found in violation of the 4th Amendment may not be used in court.

What is a formal amendment?

A change in the written Constitution.

How does the formal amendment process emphasize the federal character of the government system?

Amendments are proposed at the national government level and ratified at the state government level.

What are the three Civil War Amendments and the change each created?

13th- Made slavery illegal; 14th- Gave citizenship to all people; 15th- Granted the right to vote to all males.

What was the only amendment ratified by state conventions? What did that amendment accomplish?

The 21st Amendment repealed the 18th Amendment on prohibition of alcohol.

How was the practice of what became the 22nd Amendment an informal amendment from George Washington to FDR?

George Washington set the 2-term custom as an informal amendment until FDR.

What is the meaning of 'Plead the 5th'?

exercising one's 5th Amendment right to protection from Self-Incrimination.

What is the 5th Amendment protection of Eminent Domain?

requires the government to pay just compensation to citizens who lose their land for a government purpose.

What are the two ways amendments are proposed?

Proposed by ⅔ vote of Congress or by a National Convention called by Congress.

What are the two ways amendments are ratified?

Ratified by ¾ of state legislatures or by state conventions in ¾ of states.

What are delegated powers?

Powers specifically given to the National Government by the Constitution.

What are the three types of delegated powers?

Expressed- listed in the Constitution; Implied- suggested by the Elastic Clause; Inherent- historically possessed by national governments.

What are the three ways powers are denied to the National Government?

Expressly, through the silence of the Constitution, if it harms the federal system.

What are reserved powers?

State government powers not given to the National government and not denied to the states by the Constitution.

What are concurrent powers?

Shared powers of both National and state governments.

What clause in the Constitution is often used to set up the ladder of laws?

The Supremacy Clause.

What was the first Supreme Court case in which the court served as an umpire between state and national law?

McCullouch v. Maryland (1819).

Why is 'silence' left out of the list of ways powers are denied to the states?

Silence opens the door for the reserved powers of the states.

What is procedural due process?

the government must take an accused person step-by-step according to the law.

What is Double Jeopardy?

Being tried twice for the same crime; the 5th Amendment protects individuals from this.

What is the National Government's responsibility to protect the territorial integrity of the states?

Can create new states but not from territory of an existing state without permission from the state legislature.

What is an enabling act?

A territory is given permission by Congress to write a new state constitution.

What is an act of admission?

A territory becomes a new State with this.

What are the three types of grants-in-aid programs?

Categorical grants- 'strings attached'; Block grants- free for state to use discretion; Project grants- used on specific projects.

What condition did Congress give Utah to become a new state?

had to make polygamy illegal.

What condition did Congress give Alaska to become a new state?

had to agree to protect Native American lands.

What are interstate compacts?

Agreements between states and/or foreign countries with consent of Congress.

Why was the Williams v. North Carolina case an exception to the Full Faith and Credit Clause?

Did not recognize the divorce laws of Nevada.

How did the Puerto Rico v. Branstad case reinforce extradition?

The governor was forced to extradite the fugitive.

What condition did Congress give Arizona to become a new state?

had to agree to discontinue its practice of recall of judges.

What is the 1st Amendment?

Religion, Speech, Press, Assembly, and Petition.

What is the 2nd Amendment?

Militia - National Guard and the Right to Bear Arms.

What is the 3rd Amendment?

No Quartering of Troops.

What is the 4th Amendment?

Protection from illegal Searches and Seizures.

What is the 5th Amendment?

Due Process of Law.

What is the 6th Amendment?

Trial by Jury - Criminal Cases.

What is the 7th Amendment?

Trial by Jury - Civil Cases.

What is the 8th Amendment?

No Excessive Bail or Fines and No Cruel or Unusual Punishments.

What is the 9th Amendment?

Rights Retained by the People.

What is the 10th Amendment?

The Reserved Powers of the States.

What is an informal amendment?

A change in the interpretation of the Constitution without changing the written words.

What are the five types of informal amendments?

Laws of Congress, Executive Action, Court Rulings, Political Party Practices, Customs.