American Government and Constitutional Law Flashcards

Comprehensive vocabulary flashcards covering the types of democracy, constitutional frameworks, federalism, civil liberties, and the history of civil rights movements in the United States.

Oligarchy

A form of government in which power is held by a small, elite group of people.

Representative democracy

A system of government in which citizens elect officials to make policy and law on their behalf.

Constitutional democracy

A government that enforces recognized limits on those who govern and allows the voice of the people to be heard through free, fair, and relatively frequent elections.

Popular Sovereignty

The concept that the ultimate power and authority of the government resides with the people.

Procedural democracy

A perspective of democracy that focuses on the mechanisms and rules, such as voting and elections, rather than the outcome.

Substantive democracy

A perspective of democracy that focuses on the results and outcomes of government policy, such as equality and fairness.

Articles of Confederation

The first governing document of the United States, which created a weak national government and left most power to the states.

Virginia Plan

A proposal at the Constitutional Convention for a strong central government with a bicameral legislature where representation was based on population.

New Jersey Plan

A proposal at the Constitutional Convention for a unicameral legislature where each state would have equal representation regardless of size.

Federalist #10

An essay by James Madison that argued a large republic would be the best defense against the influence of factions.

Federalist #51

An essay by James Madison explaining how the structure of the new government, using checks and balances and separation of powers, would preserve liberty.

Federalist #44

An essay by Madison discussing the Necessary and Proper Clause and the restriction of state powers.

Electoral College

The system established by the Constitution for the indirect election of the President and Vice President.

Separation of Powers

The constitutional division of powers among the legislative, executive, and judicial branches.

Checks and Balances

A constitutional grant of powers that enables each of the three branches of government to check some acts of the others and ensures that no single branch can dominate.

Federalist #78

An essay by Alexander Hamilton that discusses the importance of an independent judiciary and the concept of judicial review.

Judicial review

The power of a court to refuse to enforce a law or government regulation that, in the opinion of the judges, conflicts with the U.S. Constitution.

Dual Federalism

A system of government where the national and state governments operate in their own separate spheres, often referred to as 'layer cake' federalism.

Marble cake federalism

Also known as cooperative federalism, where levels of government share responsibilities, costs, and administration of policies.

Devolution revolution

The effort to slow the growth of the federal government by returning functions and powers to the states.

Necessary and Proper Clause

Found in Article I, Section 8, this clause gives Congress the power to pass all laws essential for carrying out its enumerated list of powers.

Horizontal Federalism

The legal relationships and obligations that exist between the states.

Full Faith and Credit Clause

A clause in Article IV requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts.

Extradition

The legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Interstate Privileges and Immunities

A constitutional requirement that states may not discriminate against citizens of other states.

McCulloch v. Maryland (1819)

The landmark Supreme Court case that established the supremacy of the national government over state governments and confirmed the doctrine of implied powers.

Police powers

The inherent power of state governments to pass laws to protect the public health, safety, and welfare of their citizens.

Civil liberties

Constitutional protections for individuals against government action, such as the freedoms guaranteed in the Bill of Rights.

Civil Rights

The rights of all people to be free from irrational discrimination and to be treated equally under the law.

Selective incorporation

The process by which the Supreme Court has applied the Bill of Rights to the states through the Due Process Clause of the 14th Amendment.

Establishment clause

The First Amendment clause that prohibits the government from establishing a national religion or preferring one religion over another.

Free exercise clause

The First Amendment clause that protects the right of individuals to practice their religion as they please without government interference.

Compelling interest test

A legal standard used by courts to determine if a government's interest is strong enough to justify infringing upon a fundamental right.

Symbolic speech

Non-verbal communication, such as burning a flag or wearing an armband, that is protected under the First Amendment.

Civil War Amendments

The 13th, 14th, and 15th Amendments, which abolished slavery and sought to guarantee civil rights for former slaves.

24th Amendment

The amendment that prohibited the use of poll taxes in federal elections.

14th Amendment Due Process Clause

The clause used by the Supreme Court to apply the Bill of Rights to state governments, ensuring no person is deprived of life, liberty, or property without legal process.

Voting Rights Act of 1965

A law designed to help end formal and informal barriers to African American suffrage, such as literacy tests.

Shelby County, Alabama v. Holder (2013)

The Supreme Court case that struck down the formula used to determine which states required federal oversight of their voting rules.

Civil Rights Act of 1964

The comprehensive law that made racial discrimination in public accommodations illegal and forbade many forms of job discrimination.

Brown v. Board of Education, Topeka Kansas (1954)

The Supreme Court decision that overturned Plessy v. Ferguson, ruling that racially segregated schools are inherently unequal.

De jure segregation

Segregation that is required by law.

De facto segregation

Segregation that occurs because of social factors, economic conditions, or residential patterns rather than by law.

Freedom Summer

A 1964 campaign to register as many African American voters as possible in Mississippi.