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Legislative Branch
The branch of government responsible for making laws; outlined in Article I of the Constitution.
Expressed Powers
Powers explicitly granted to Congress by the Constitution, specifically listed in Article I, Section 8.
Necessary and Proper Clause
Also known as the Elastic Clause, it grants Congress the power to pass all laws necessary to carry out its expressed powers.
Implied Powers
Powers of the federal government that are not explicitly stated in the Constitution but are assumed to exist due to their necessity in carrying out the government's expressed powers.
House of Representatives
The lower chamber of Congress, members elected directly and serve two-year terms.
Senate
The upper chamber of Congress, originally selected by state legislatures, with members serving six-year terms.
Executive Branch
The branch of government responsible for enforcing laws; outlined in Article II of the Constitution.
Federalism
A system of government in which power is divided between a central authority and constituent political units, often creating conflicts in legislation.
Judicial Review
The power of courts to overturn laws or executive actions, established by the Marbury v. Madison case.
Supremacy Clause
Article VI clause stating that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land.
Enumerated Powers
Specifically listed powers granted to Congress, primarily found in Article I, Section 8 of the Constitution.
Concurrent Powers
Powers that are shared by both the national and state governments; examples include the power to tax.
Civil Rights Amendments
The 13th, 14th, and 15th Amendments aimed at abolishing slavery and protecting the rights of former slaves.
Dual Federalism
A system in which the states and national government operate independently in their own areas of public policy.
Cooperative Federalism
A system where both levels of government work together to solve problems, often involving federal funding and state implementation.
Interest Groups
Voluntary associations of people who come together to promote their shared interests in the policymaking process.
Political Socialization
The process by which individuals develop their political beliefs, influenced by factors such as family, education, and social environments.
Judicial Restraint
A philosophy of constitutional interpretation favoring minimal intervention by the judiciary in legislative and executive actions.
Judicial Activism
A philosophy that advocates for proactive judicial involvement in correcting societal issues and upholding constitutional rights.
First Amendment
Constitutional amendment protecting freedoms of speech, press, religion, assembly, and petition.
Civil Liberties
Fundamental rights and freedoms protected from infringement by the government.
Civil Rights
The rights of individuals to receive equal treatment and not be discriminated against, rooted in the 14th Amendment's equal protection clause.
Bureaucracy
An organizational structure within the government, responsible for executing laws and policies.
Writ of Certiorari
An order by a higher court directing a lower court to send the records of a case for review.
Marbury v. Madison (1803)
Supreme Court case that established the principle of judicial review, allowing courts to invalidate laws conflicting with the Constitution.
Due Process Clause
Part of the 14th Amendment asserting that no state can deprive an individual of life, liberty, or property without fair legal procedures.
Exclusionary Rule
Legal principle that excludes evidence obtained in violation of a defendant's constitutional rights.
Miranda Rights
Rights informing a detained individual of their rights to silence and legal counsel, established by the Miranda v. Arizona case.
Self-Incrimination
The act of exposing oneself to prosecution by being forced to testify against oneself, protected against in the Fifth Amendment.
Clear and Present Danger Test
A legal standard used to determine whether speech is protected under the First Amendment based on the potential harm it poses.
Obscenity Laws
Regulations on speech or material that is considered offensive or lacks serious literary, artistic, political, or scientific value, often judged by community standards.