Ap gov midterm

studied byStudied by 3 people
0.0(0)
get a hint
hint

House of Representatives

1 / 238

Tags and Description

Government

239 Terms

1

House of Representatives

-lower chamber of congress

-435 members

-2 year terms

-25 y/o, 7 years citizen

-proposes tax laws (art 1 sect 7)

-impeach pres. (art . sect 2. clause 5)

New cards
2

Senate

-Upper House of Congress

-6 yr, 1/3 up for election every 2 yrs

-30 yrs old, 9 yrs citizen

-ratifies treaties with foreign governments

-approves presidential appointments

-tries president after impeachment (art 1, sect 3, clause 6)

New cards
3

Votes needed for impeachment

House- majority

Senate- 2/3

New cards
4

Executive

-president serves for 4 yrs per term, max. 2 terms, and must be 35, 14 yr U.S. president (article 2 section 1)

-President is the commander in chief (article 2 section 2)

-The president has the power w/the consent of the senate to make treaties (need 2/3 vote of consent)

- Approve/veto laws (article 1 section 7)

New cards
5

Judicial Branch

-interprets laws

-SCOTUS serves for life on terms of good behavior

-apellate jurisdiction

-settles disputes involving U.S. and between states

-chief justice presides over impeachment

New cards
6

Judicial Review

Allows the court to determine the constitutionality of laws

--> marbury v. madison, federalist 78

New cards
7

Apellate Jurisdiction

authority of court to review the decisions of a lower court

New cards
8

Marbury v. Madison

-SCOTUS declared that the courts have the power to nullify the acts that conflict with the constitution -- > power of judicial review

-exercise of judicial review forces the courts to interpret the constitution

New cards
9

natural rights

life. liberty. and property

New cards
10

Popular Sovereignty

A belief that ultimate power resides in the people -- > power to govern derived from the people

New cards
11

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens -- > rule of law, check and balances

New cards
12

Republicanism

rule by the people

representative democracy

New cards
13

Social Contract

citizens give up some rights in order to have government protection

New cards
14

John Locke

English philosopher who advocated the idea of a “social contract” in which the gov. powers are derived from the consent of the governed and in which the gov. serves the people; also said people have natural rights to life, liberty, and property

New cards
15

Unitary System

System of government in which all power is invested in a central government

New cards
16

confederal system

A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such league has only limited powers over a state

New cards
17

federal system

A government that divides the powers of government between the national gov. and state or provincial gov.

New cards
18

Unicameral

A single-chamber legislature

New cards
19

Bicameral

A legislature consisting of two parts or houses

New cards
20

Articles of Confederation

1st constitution of the U.S. 1781-1788 (weaknesses- no executive, no judicial, no power to tax, no power to regulate trade)

-each state had 1 vote in congress

-states controlled their trade

-unicameral legislature

*national gov. still had the power to raise an army, and the national gov. had to ask the states for money *

New cards
21

Shay’s Rebellion

Rebellion led by Daniel Shays of farmers in the western Massachusetts in 1786-1787, protesting the mortgage foreclosures. It highlighted the need for a strong government just as the call for the Constitutional Convention went out.

New cards
22

Virginia Plan

-3 branches

-strong national government

-bicameral legislature with membership based on population

-lower house directly elected, upper house elected by state legislature

New cards
23

New Jersey Plan

-3 branches

-unicameral legislature

-equal representation regardless of population

New cards
24

Great Compromise

-bicameral

-lower house based on population

-upper house

-2 each regardless of population

New cards
25

3/5 compromise

the decision at the constitutional convention to count slaves as 3/5 of a person for the purpose of deciding the population and determining how many seats each state would have in congress

New cards
26

Representative Democracy

A system of gov. in which citizens elect representative, or leaders to make decisions about the laws for all the people

New cards
27

Participatory Democracy

A system of gov. in which all the members of a group or community participate collectively in making major decisions

New cards
28

Pluralist Democracy

a theory of democracy that holds that citizen membership in groups is the key to political power

New cards
29

Shays Rebellion causes

economic frustrations of Massachusetts farmers who were losing farmers because they could not pay their debt in hard currency

New cards
30

Constitutional Convention

A meeting in Philadelphia in 1787 intending on fixing the Articles (produced a new constitution)

New cards
31

Separation of Powers

Constitutional divisions of powers among the legislative, executive, and judicial branches.

legislative branch making law -- >the executive applying and enforcing law -- > judiciary interprets the law

New cards
32

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

New cards
33

Expressed/Enumerated Powers

powers directly stated in the constitution

New cards
34

Elastic/ Necessary and Proper Clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

New cards
35

implied powers

Powers not specifically mentioned in the constitution

New cards
36

Federalists

supporters of the Constitution

New cards
37

Antifederalists

people who opposed the Constitution

New cards
38

federalist 51

written by Madison, discusses importance of checks and balances and the separation of powers in the constitution (prevent tyranny)

New cards
39

Federalist 10

federalist 10

Dangers of factions can be diffused by large republic and republican government

New cards
40

faction

a group of self-interested people who use the government to get what they want, trampling the rights of others in the process

-argues against direct democracy

New cards
41

Direct Democracy

Government in which citizens vote on laws and select officials directly.

New cards
42

Brutus No. 1

And anti-Federalist paper arguing that the country was too large to be governed as a republic and that the constitution gave too much power to the national government

-constitution had no representation of the people or states

New cards
43

Elitist Theory

\n a theory of democracy that the elites have a disproportionate amount of influence in the policymaking process

New cards
44

reserved powers

powers that the Constitution does not give to the national government that are kept by the states

*10th amendment*

-conduct elections

-voter qualification

-intrastate commerce

-education

-militia

-marriage law

New cards
45

expressed powers

powers directly stated in the constitution

-declare war

-coin money

-army

-interstate commerce

-immigration

-post office

-admit new states

New cards
46

concurrent powers

Powers held jointly by the national and state governments.

-tax

-law enforcement

-courts

New cards
47

interstate

between the states

New cards
48

intrastate

within a state

New cards
49

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies

(Layer cake)

New cards
50

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government

(marble cake)

New cards
51

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

-article 4

New cards
52

Extradition

A 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

-fugitive slave clause

-article 4

New cards
53

privledges and immunities

prevents a state from treating citizens of other states in a discriminatory manner.

-all citizens have certain rights regardless of state residence

New cards
54

police powers

state power to effect laws promoting health, safety, and morals

New cards
55

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

New cards
56

writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

--> know your accusations

New cards
57

US v. Lopez

The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.

New cards
58

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

New cards
59

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

New cards
60

Gonzales v. Raich

Held that Congress could use the Commerce Clause to outlaw the use of medical marijuana

New cards
61

Mandates

terms set by the national government that states must meet whether or not they accept federal grants

New cards
62

condition of aid

conditions you meet to receive and keep money

New cards
63

categorial grants

Federal grants for specific purposes

New cards
64

block grants

Money given to states for general programs within a broad category

New cards
65

unfunded mandates

a federal order mandating that states operate and pay for a program created at the national level

New cards
66

Devolution

the transfer of powers and responsibilities from the federal government to the states

New cards
67

commerce clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

New cards
68

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

New cards
69

Laboratories

states in national government, national gov experiments new legislation with states

New cards
70

Supremacy Clause

\n Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

New cards
71

13th Amendment

abolished slavery

New cards
72

14th Amendment

equal protection under the law

New cards
73

15th Amendment

gave African American men the right to vote

New cards
74

selective incorporation

SCOTUS applies fundamental rights in bill of rights to states in case by case basis

--> through due process clause

New cards
75

Fiscal Federalism

federal government use of grants in aid to influence state policy

New cards
76

revenue sharing

The federal government distributing part of its tax income to state governments

New cards
77

Examples of police power

Speed limits

Seat belt laws

Smoking in public places

Obscenity laws

Elections

Marriage laws

Education

Deeds and records

New cards
78

Nullification

A state's refusal to recognize an act of Congress that it considers unconstitutional

New cards
79

grants-in-aid

money given by the national government to the states

New cards
80

9th Amendment

Citizens entitled to rights not listed in the Constitution

New cards
81

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

New cards
82

Gitlow v. New York

Gitlow, a socialist, was arrested for disturbing copies of a “left-wing manifesto” that called the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating for overthrow of the government by force. Gitlow argued this violated his freedom of speech, so this case was posed to SCOTUS with the question being whether or not the first amendment applied to states

ruling: the court ruled that the right is protected by virtue of the liberty protected by due process that no state shall deny (14th Amendment). On the merits, a state may forbid both speech and publication if they have a tendency to result in action dangerous to public security

New cards
83

Schenck v. United States

Facts:

Socialist Charles Schenck was arrested for distributing pamphlets persuading people to ignore the draft, this violated the Espionage act

Clause/Amendment:

1st Amendment freedom of speech

Ruling

U.S. won. Schenck's speech created a 'clear and present' danger which the government could limit.

Precedent and/or Significance:

Freedom of speech is NOT absolute. In times of war, it can be limited, and speech that creates a clear and present danger will be limited.

New cards
84

Texas v. Johnson

This case held that burning an American flag is expressive conduct protected by the First Amendment.

--> free symbolic speech

New cards
85

Tinker v. Des Moines

Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. The supreme court ruled that this suspension was unconstitutional, as this speech did not disrupt the education process and was protected by the right to free speech in schools.

New cards
86

Engel v. Vitale

NY Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. Prayer: “Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country.” When this case went to SCOTUS the court ruled that voluntary use of a government written prayer in public schools violates the establishment clause of the 1st Amendment by way of the 14th Amendment. This also violates the free exercise clause, as receiving the prayer is not voluntary.

New cards
87

Gideon v. Wainwright

Extends 6th amendment rights to states

The Supreme Court held that the framers of the Constitution placed a high value on the right of the accused to have the means to put up a proper defense, and the state as well as federal courts must respect that right. The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

New cards
88

Miranda v. Arizona

5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. This case incorporated that to the states. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence)

New cards
89

due process of law

\n denies the government the right, without due process, to deprive people of life, liberty, and property

--> 14th amendment applied to states \n

New cards
90

equal protection of the law

Part of the 14th Amendment emphasizing that the laws must provide equivalent "protection" to all people

it should provide "equal protection of life, liberty, and property" to all a state's citizens.

selective incorporation

New cards
91

Freedom of Religion

clause in first amendment stating that people shall be free to exercise their religion, and government may not establish a religion

New cards
92

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

New cards
93

Free Exercise Clause

A First Amendment clause that gives people the right to practice their religion

New cards
94

freedom of expression

Part of the First Amendment protecting freedom of speech, press, assembly, and the right to petition the government.

New cards
95

wall of separation

separation of church and state, government cannot be involved with religion

New cards
96

lemon test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

(Lemon V. Kurtzman)

New cards
97

prior restraint

government censorship of information before it is published or broadcast

New cards
98

Clear and Present Danger test

law should not punish speech unless there was a clear and present danger of producing harmful actions

New cards
99

libel

a published false statement that is damaging to a person's reputation; a written defamation.

New cards
100

Slander

the action or crime of making a false spoken statement damaging to a person's reputation.

New cards

Explore top notes

note Note
studied byStudied by 8 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 97 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 10 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 2 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 1 person
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 6 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 33 people
Updated ... ago
5.0 Stars(1)

Explore top flashcards

flashcards Flashcard197 terms
studied byStudied by 84 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard39 terms
studied byStudied by 22 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard159 terms
studied byStudied by 21 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard23 terms
studied byStudied by 20 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard60 terms
studied byStudied by 7 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard94 terms
studied byStudied by 134 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard48 terms
studied byStudied by 19 people
Updated ... ago
5.0 Stars(2)
flashcards Flashcard20 terms
studied byStudied by 167 people
Updated ... ago
5.0 Stars(8)