Constitutional Rights and Civil Liberties - Week 2 (Vocabulary Flashcards)

Flashcards cover key vocabulary and foundational concepts from Constitutional Rights and Civil Liberties Week 2, including rights theory, the Declaration of Independence grievances, and Federalist Papers themes (No. 1, 15–20, 23, 39).

Rights

In the strictest sense, rights are claims; a right is the conjunction of a privilege and a claim-right, a power one should possess in relation to others.

Claim

A demand or entitlement that another has a duty not to interfere with or to assist.

Privilege

A liberty or permission granted by social or legal norms allowing a certain action.

Moral rights

Rights that beings are born with or possess by virtue of their nature.

Legal rights

Rights recognized and protected by government, independent of one’s moral rights.

Realist rights theory

Rights holders have intrinsic, inherent rights that societies should recognize or strive to protect.

Constructivist rights theory

Rights are granted and recognized through social agreement rather than being intrinsic.

Deontological theory

Norms or duties that should be obeyed regardless of outcomes.

Consequentialist theory

Ethical view that actions should be evaluated by their consequences, often seeking to maximize rights尊ected and minimize violations.

Corpus delicti

The body of the crime; the facts proving that a crime has occurred.

Declaration of Independence grievances

A list (e.g., 27 grievances) of complaints against King George III, including obstruction of justice, quartering troops, and denial of trial by jury.

Federalist No. 1

Hamilton’s opening essay outlining six topics to be covered in the Federalist Papers to influence ratification.

Federalist No. 15

Argues the present Confederation is insufficient; the vice is legislation directed at states, not individuals.

Federalist No. 16

Advocates for judicial review and state nullification; government should protect individuals against improper constitutions.

Federalist No. 17

Arguments about centrifugal (centrifugal) tendencies; federal powers limited to commerce, finance, negotiation, and war; states handle ordinary justice.

Federalist No. 18

Uses Greece as an example of the dangers of anarchism in federal structures.

Federalist No. 19

Discusses the Germanic system as another example of potential anarchism in confederal arrangements.

Federalist No. 20

Discusses the Netherlands as an additional example related to federal concerns about anarchism.

Federalist No. 23

Outlines four objects of a federal government: common defense, domestic tranquility, regulation of commerce, and relations with foreign nations.

Federalist No. 39

Addresses conformity of the plan to republican principles and to federalism, introducing two tests (republicanism and federalism).

Republicanism

A government that derives its powers from the great body of the people and is administered by officials holding office during good behavior.

Federalism five considerations (No. 39)

Foundation of government, sources of ordinary powers, operation on individuals vs states, extent of powers, and amendment process.

Energetic government

The need for a strong central government to meet national exigencies and to be the natural guardian of the Constitution.

Judicial review

Power of courts to interpret laws and assess their constitutionality; discussed as part of No. 16.

State nullification

The idea that states can resist or invalidate federal laws within their borders; discussed in No. 16.