unit 2 gove test

Formal amendment

change or addition that becomes part of the written language of the Constitution

Informal Amendment

change of the process but not words in constitution

executive order

a rule or order issued by the president to an executive branch of the government and having the force of law.

executive agreement

an agreement between the president and the leader of another country without legislative approval

How many amendments does the Constitution have?

27

6 basic principles of the constitution

popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism

Popular Sovereignty

people are the ONLY source of authority for the government

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution and controlled by the people

seperation of powers

The division of a central government into two or more branches, each having its own responsibilities and authorities.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Judicial Review

Allows the court to determine the constitutionality of laws

Federalism

a form of government in which power is divided between the federal, or national, government, the states government, and local government

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Civil rights act of 1968

prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status.

Who can nationalize citizens?

Congress

What did Brown v. Board of Education do?

It ended legal school segregation by holding that separate is not equal.

libel

writing something that is false and hateful

Slander

saying something that is false and hateful

Can you get in trouble for encouraging someone to break the law?

Yes

5 freedoms in the first amendment

speech, religion, press, assembly, petition

Miranda Rule

the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may be used as evidence and to read you your constitutional rights (the right to a lawyer and the right to remain silent until advised by a lawyer)

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

State's Police Power

Power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Establishment Clause

separation of church and state

Free Exercise Clause

guarantees all people the right to whatever religious beliefs they choose but it does not give ppl the right to act on any belief. Ex. if ur religion calls for something that goes against the rights of others, it is not allowed

rights of the accused

innocent until proven guilty

1rst amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms and state militia

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

Right to a fair, speedy trial

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel and unusual punishment or excessive bail

9th Amendment

Unenumerated Rights (rights not listed in Constitution)

10th Amendment

Powers not given to federal government go to people and States

14th Amendment

all constitutional laws apply to states

Bill or Rights

First 10 amendments to the Constitution

due process of law

The Government must follow procedures and act fairly in dealing withpeople accused of crimes. It must follow the rules. Ex. Rochin v. California 1952

substantive due process

the government must protect us from unfair laws

4 crimes against the nation

espionage, sabotage, sedition, and treason

bench trial

A trial in which the judge alone hears the case

Segregation

Separation of people based on racial, ethnic, or other differences

Discrimination

Behaving differently, usually unfairly, toward the members of a group.

Affirmative Action

step federal government can take to make up for past discrimination (stops you from hiring white males)

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

Picketing

The gathering of striking workers at a business site as a sign of protest

Civil liberties

protections against government action that interfere with individual freedom

Civil Rights

Government actions that make sure Constitutional guarantees of liberty are upheld

citizen

a legally recognized subject or national of a state or commonwealth, either native or naturalized.

Is obscenity protected by the constitution?

NO

Do you need a search warrant for wire tapping and bugging?

Yes

Establishment clause cases

fight for religion in school

Freedom of speech protects what?

unpopular views from a minority

Can you make your speeches become violent?

No, because that is taking away other ppl's rights

2 ways to be natural citizen

jus soli + jus sanguis

jus soli

the law of soil, which determines citizenship based on where a person is born

jus sanguinis

The law of blood, which determines citizenship based on one's parents' citizenship.

Naturalization

A legal process to obtain citizenship

Is burning the American Flag legal?

Yes, as long as you do not break any other laws in the process.

Preamble

states the purpose of the constitution

Senate has how many memebers for each state

2

HOw does HOR determine amount of repersentatives for each state?

population

When did the Constitution go into effect?

1789

who does the president seek adivce from?

cabinet

Habeas Corpus

The accused has the right to being court during their proceedings.

Bills of Attainder

punishes an accused person without a court trail.This is illegal in the U.S.

Ex Post Facto Laws

A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.

Grand Jury

A group of people who together look at the evidence of a case and decide if a person should be charged with a serious crime

indictment

A formal complaint that charges a person with a crime

Double Jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

Speedy and Public Trial

The time between a person's arrest and the beginning of their federal criminal trial cannot be more than 100 days

Trial by jury

The accused has the right to a trial by an impartial jury of their peers.