Study Guide for Midterm Exam

These flashcards cover key vocabulary and concepts from the midterm study guide.

Constitution

The supreme law of the land that outlines the framework of government in the U.S.

Bicameral legislature

A legislature with two houses, such as the U.S. Congress, which consists of the Senate and the House of Representatives.

Virginia Plan

A proposal for a bicameral legislative branch with representation based on population.

New Jersey Plan

A proposal for a unicameral legislature with equal representation for each state.

Writ of habeas corpus

A legal order requiring that a person under arrest be brought before a judge.

Shays' Rebellion

An armed uprising in 1786-1787 aimed at protesting economic injustices.

Great compromise

The agreement that created a bicameral legislature with equal representation in the Senate and proportional representation in the House.

3/5 compromise

An agreement that determined that three-fifths of the slave population would be counted for representation and tax purposes.

Separation of powers

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

Checks and balances

A system that ensures that no one branch of government becomes too powerful.

Federalism

The mixed system of government that combines a central government with regional governments.

Expressed powers

Powers specifically granted to the federal government by the Constitution.

Commerce clause

A clause granting Congress the power to regulate interstate commerce.

Necessary and proper clause

A clause that allows Congress to make laws necessary to carry out its enumerated powers.

Supremacy clause

A clause stating that federal law takes precedence over state law.

Tenth amendment

An amendment that reserves powers not delegated to the federal government for the states.

Judicial review

The power of the courts to declare laws unconstitutional.

Stare decisis

The legal principle of determining points in litigation according to precedent.

Judicial activism

The judicial philosophy that encourages judges to interpret the Constitution in a way that addresses social issues.

Marbury v. Madison

A landmark Supreme Court case that established the principle of judicial review.

McCulloch v. Maryland

A Supreme Court case that established federal supremacy over state laws.

Implied Powers

Powers not explicitly stated in the Constitution but inferred as necessary to carry out the enumerated powers of the federal government.

Concurrent Powers

Powers shared by both the federal government and state governments.

Bill of Rights

The first ten amendments to the U.S. Constitution, guaranteeing fundamental rights and liberties to individuals.

Constitutional Convention

The gathering of delegates in 1787 to draft the U.S. Constitution and address the weaknesses of the Articles of Confederation.

Articles of Confederation

The first constitution of the United States, adopted in 1781, which established a weak central government and strong state sovereignty.

Federalist Papers

A collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay advocating for the ratification of the U.S. Constitution.

Amendment Process

The procedure outlined in Article V of the U.S. Constitution for formally changing or adding provisions, requiring a two-thirds vote in both houses of Congress and ratification by three-fourths of the states.

Full Faith and Credit Clause

A clause in Article IV, Section 1 of the Constitution requiring states to recognize and uphold the public acts, records, and judicial proceedings of other states.

Electoral College

The system established by the Constitution for the indirect election of the President and Vice President, where electors chosen by each state cast the actual votes.

Popular Sovereignty

The principle that the authority of the government is derived from the consent of its people.

Limited Government

The idea that a government's power over its citizens is restricted by law and the Constitution.

Republicanism

The belief that government should be based on the consent of the people, who exercise their power by voting for representatives.

Due Process Clause

A clause in the Fifth and Fourteenth Amendments that guarantees individuals the right to fair treatment under the law.

Equal Protection Clause

A clause in the Fourteenth Amendment that mandates all citizens are protected equally by the law.

Reserved Powers

Powers that are neither granted to the federal government nor denied to the states, and are thus reserved for the states or the people by the Tenth Amendment.

Anti-Federalists

Opponents of the ratification of the U.S. Constitution who favored strong state governments and believed the new federal government would be too powerful.

Veto Power

The power of the President to reject a bill passed by Congress, preventing it from becoming law unless Congress overrides it with a two-thirds vote.

Impeachment

The process by which a legislative body formally charges a high-ranking government official with misconduct.

Originalism

A judicial philosophy that interprets the Constitution based on the original intent of its framers or the original public meaning of the text at the time of its adoption.

Legislative Branch

The branch of government primarily responsible for making laws, consisting of the U.S. Congress.

Executive Branch

The branch of government primarily responsible for enforcing laws, led by the President of the United States.

Judicial Branch

The branch of government primarily responsible for interpreting laws and administering justice, headed by the Supreme Court.

Commander-in-Chief

A role of the President of the United States, giving them supreme command over the armed forces.

Senate unique powers

The power to approve presidential appointments and ratify treaties by a two-thirds vote.

House of Representatives unique powers

The power to initiate all revenue bills and to impeach federal officials.

Supreme Court Justices

The U.S. Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices.

Electoral votes needed to win

A presidential candidate needs at least 270 out of 538 electoral votes to win the election.

Treaty power

The President negotiates treaties, which then require ratification by a two-thirds vote in the Senate.

Appointment Power

The President has the power to appoint federal judges, ambassadors, and other high-ranking officials, subject to Senate confirmation.

Rule of Law

A principle that states all people and institutions, including government officials, are subject to and accountable to law that is fairly applied and enforced.

Consent of the Governed

The idea that a government's legitimacy and moral right to use state power is only justified and lawful when consented to by the people or society over which that political power is exercised.

Preamble to the Constitution

The introductory statement to the U.S. Constitution, outlining the purposes and guiding principles of the document.

Article I of the Constitution

Establishes the Legislative Branch, outlining the structure and powers of Congress.

Article II of the Constitution

Establishes the Executive Branch, detailing the roles and powers of the President.

Article III of the Constitution

Establishes the Judicial Branch, creating the Supreme Court and allowing for lower federal courts.

Article IV of the Constitution

Addresses the relationship between the states and the federal government, including the Full Faith and Credit Clause.

Article V of the Constitution

Outlines the process for amending the Constitution.

Article VI of the Constitution

Establishes the Constitution as the supreme law of the land (Supremacy Clause) and discusses national debts, oaths, and religious tests.

Article VII of the Constitution

Details the process for the ratification of the Constitution.

First Amendment

Protects freedoms of speech, religion, press, assembly, and the right to petition the government.

Fourth Amendment

Protects individuals from unreasonable searches and seizures and requires warrants to be issued upon probable cause.

Fifth Amendment

Guarantees rights like protection against self-incrimination, double jeopardy, and ensures due process of law and compensation for private property taken for public use.

Sixth Amendment

Guarantees the rights of criminal defendants, including the right to a speedy and public trial, an impartial jury, legal counsel, and to confront witnesses.

Eighth Amendment

Prohibits excessive bail and fines, as well as cruel and unusual punishments.

Extradition (Article IV)

The legal process by which a state delivers an individual accused of a crime to another state for prosecution.

Privileges and Immunities Clause (Article IV)

Prohibits states from discriminating against citizens of other states and ensures basic rights for all citizens regardless of state residency.

Suspension of Habeas Corpus

The Constitution allows for the suspension of the writ of habeas corpus only in cases of rebellion or invasion when public safety requires it.

Bills of Attainder

Legislative acts that declare a person or group guilty of a crime and punish them without a trial; prohibited by the U.S. Constitution.

Ex Post Facto Laws

Laws that retroactively criminalize actions that were legal when committed, or increase the penalty for a crime after it was committed; prohibited by the U.S. Constitution.

Second Amendment

Protects the right of the people to keep and bear arms.

Third Amendment

Prohibits the quartering of soldiers in private homes without consent.

Seventh Amendment

Guarantees the right to a jury trial in civil cases exceeding a certain monetary value.

Ninth Amendment

States that the enumeration of certain rights in the Constitution does not mean other rights retained by the people are denied.

Eleventh Amendment

Limits the ability of citizens to sue states in federal court, establishing states' sovereign immunity.

Twelfth Amendment

Modifies the process for electing the President and Vice President via the Electoral College, requiring separate ballots.

Fourteenth Amendment

Grants citizenship to all persons born or naturalized in the U.S. and guarantees equal protection and due process of law.

Fifteenth Amendment

Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.

Nineteenth Amendment

Grants women the right to vote.

Twenty-sixth Amendment

Lowers the voting age to 18 years.

Exclusive Powers

Powers that can be exercised only by the federal government or only by the state governments, but not concurrently.

Categorical Grants

Federal grants given to states and localities for specific purposes, often with strict conditions on how the money is spent.

Block Grants

Federal grants given to states for broad purposes, allowing states more discretion in how the funds are used.

Unfunded Mandates

Federal laws or regulations that impose requirements on state and local governments without providing sufficient federal funding to meet those requirements.

Federalist No. 10

An essay by James Madison arguing that a large republic would be better at controlling the dangers of factions.

Federalist No. 51

An essay by James Madison explaining how separation of powers and checks and balances would prevent any one branch from becoming too powerful.

Confederation (System of Government)

A system where independent states form a union but retain most of their sovereignty, with a weak central government.

Unitary System (of Government)

A system where the central government holds supreme power and authority over all other governmental units, with local governments subordinate.

Informal Amendment Processes

Changes to the interpretation or application of the Constitution through judicial review, legislative action, executive action, or custom, without formally altering the text.

Original Jurisdiction

The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction.

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts, typically to correct errors of law or procedure.

Whips (Legislature)

Party officials in Congress responsible for maintaining party discipline, counting votes, and ensuring attendance for key votes.

Gerrymandering

The practice of manipulating the boundaries of electoral districts to create an unfair political advantage for one party or group.

Filibuster

A tactic used in the U.S. Senate by a minority of senators to delay or block a vote on a bill by extending debate.

Cloture

A procedure in the Senate used to end a filibuster and bring a matter to a vote, typically requiring 60 votes.

Executive Order

A directive issued by the President that manages operations of the federal government and has the force of law without Congressional approval.

Executive Privilege

The right of the President and other members of the executive branch to withhold information or their testimony from Congress or the courts under certain circumstances.

Writ of Certiorari

A formal request from an appellant to the U.S. Supreme Court to review a case decided by a lower court.

Amicus Curiae Brief

A legal brief submitted by a 'friend of the court'—an individual or group not a party to the case but having a strong interest in the outcome—to influence the court's decision.

Federalist

A person who supported the ratification of the U.S. Constitution and favored a strong central government.