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| Ch. 2 A document created in Britian in 1215 that limited the exercise of power by the monarch; "limited governement." |
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| Representative Government |
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| Ch. 2 A form of democracy in which voters designate a few people to attend political meetings and vote on issues for the entire community. |
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| Ch.2 Ratified on December 15, 1791. Known as the Bill of Rights. |
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| Article 1 of the Constitution |
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| Ch. 2 Legislative Power. Congress shall have legislative power, consiting of a Senate and a House of Representatives. |
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| Article 2 of the Constitution |
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| The Execute Article. Established the executive power of the United States President. Also created the vice president office. |
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| Article 3 of the Constitution |
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| Ch. 2 The Judicial Article. Established the judicial branch in general terms. Provides for the Supreme Court. |
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| Articles of Confederation |
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| Ch. 2 Approved in 1777, the first constitutional framework of the new United States of America. Approved by the Second Continental Congress. |
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| Weakness of the Articles of Confederation |
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| Ch. 2 Powers of Congress were limited, Central governement was extremely weak and didn't have enough power to fix "national problems." |
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| Ch. 2 Powers of government are divided among three equal branches, thus preventing the accumulation of too much power in any one branch. |
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| Ch 2 Tried to make large states and small states "equal" by allowing equal representation in the Senate. Each state would get two votes regardless of size. House of Representatives are chosen by population. |
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| Ch. 2 When determining a states population: "by adding the the whole number of free persons and three fifths af all other persons." Five slaves equaled three when determining population. |
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| Ch. 2 Strong states' rights advocates that organized in opposition to the ratification of the US Consitution prior to it's adoption. |
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| A government where the centralized government maintains a relationship between individual state governments. |
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| Ch. 3 Powers not specifically stated in the Constitution but can be inferred from the delegated powers. |
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| Ch. 3 Power that do not appear in the Constitution but are assumed because of the nature of government. |
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| Ch. 3 Powers that are shared by both national and state governments. |
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| McCullogh vs. Maryland (1819) |
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| Supreme Court justice John Marshall expanded the interpretation of "necessary and proper" and gave Congress broad powers to pass legislation. Maryland challenges the national banks operation by imposing tax on it. |
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| Ch. 3 Supreme Court rules that congress has the power to regulate anything that "affects" insterstate congress. "interstate and congress" ruling, John Marshall. |
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| Ch. 3 Federal Grants, "follow these rules or don't get money." Like the highway funds / drunk drivers. |
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| Chp. 3 Federal Grants, a grant given with a specific purpose with strict rules attached. |
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| Ch. 3 Federal Grant A grant based on a presribed legislative formula to determine how money will be distributed. |
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| Ch. 3 Federal Grant. A grant not based on a formula but distributed for specific purposes after a failry competitive application and approval process. |
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| Ch. 3 Federal Grant. A grant in which competive grants are awarded but also restricted by use of a formula. |
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| Ch. 3 Federal Grant. Lyndon Johnson created this to simplify the grant process. Basically, use the money however you want. |
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| Oregon's Death With Dignity |
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Definition
| The supreme court upheld Oregon and it's wishes. |
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Definition
| California lay, prop. 215 allows for the use of medicinal marijuana. State law. |
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Term
| How long is the term in the House of Representatives? |
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Definition
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| How long is the term in the Senate? |
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Definition
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| A house (lead by the speaker of the house) and a sentate. House representatives are based on population, senators are 2 for each state. |
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| How old do you need to be to be a Senator, House Rep., President? |
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Definition
| House Rep. 25, Senator 30, President 35 |
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| The vice President who doesn't vote unless a tie exists. Vice Pres. vote breaks a Sentate tie |
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| What five rights does the First Amendment list. |
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Definition
| Religion, Speech, Press, Assembly and Petition. |
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| Double jeapardy. Can't be tried twice for the same crime. |
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| Rights not specified remain "right of the people." |
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| States retain powers not deligated to nationl power. |
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| Interstate Commerce Clause |
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| Used as basis for 1964 Civil Rights Act that expanded the rights of African Americans and barred discrimination in public places. |
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| Rights and freedoms guaranteed to every citizen in the Bill or Rights. |
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| Allows for the right to a grand jury, protectiona gainst double jeopardy and a guarantee against state governements taking of ones property. |
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Definition
| Ok to use it. Unprotected speech can get you prosectued. Black armbands (protest) is protected speech. |
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| Burning cross in citizens yard. Supreme court upheld the first ammendment, OK to burn crosses. |
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| Newdow vs. US Congress (2002) |
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Definition
| Elk Grove CA, pledge of allegiance issue. Supreme court ruled in favor of Newdow. Can't force a student to use "under god" in the pledge, students remain free to use the term at will. |
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| Prayer in schools. Supreme court ruled that prayer in schools is not legal under the Establishment Clause |
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| Amendment 1, Congress shall make no law respecting establishment of religion or prohibiting the free exersice thereof. |
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| There is no constitutional right to exemption on free exercie grounds from laws dealing with nonreligious matters. Religion is no excuse to break the law. |
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| Schenck vs. United States (1919) |
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Definition
| Schenck distributed "anti-draft" flyers. Court prosecuted him. Supreme court upheld prosecution becuase of "war time" loopholes. |
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| Evidence gathered by illegal means cannot be used in later trials. |
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| Oregon employees used 'payote', they were practicing a religious and Indian tradition. |
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| Texas guy burned a flag. Supreme court overturned Texas and ruled it legal. |
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| Miranda vs. Arizona (1966) |
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Definition
| You are under arrest, you have the right to remain silent... |
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| Doctrine of Incorporation |
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Definition
| Extends the limitations placed on the federal government to the state and local governments. |
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| Relates to the way American's are treated with respect to race, religion, social standing, etc. |
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| Part of the 14th amendment. "No state shall deny person their writes" |
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| Defined: "The right to vote". Normally associated with Woman's and Minority rights. |
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| Test of laws whick discriminate on the basis of a charcteristic that is "immutable by birth" such as race or nationality. The burdon is on the plaintiff to the state to demonstrate compelling reasons for the law. |
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| Womans right to vote. Passed in 1920. |
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| Equal pay for equal work. Tries to eliminate "sex-based-pay" rates. |
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| Equal Rights Act, proposed (and got congressional approval) in 1972. It never was ratified falling three states short and as such, woman are nowhere specifically mentioned in the US Constitution. |
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| Law that requires woman the right to participate in "everything" on campus. Sports teams are the most common. Fedearl Education Amendments. |
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| Test in court cases of what reasonable people would agree to be constitutional because the law has a rational basis of its existence. |
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| Plessy vs. Ferguson (1896) |
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Definition
| African American (1/8th) rode in train car for whites only. Federal court upheld his arrest because the 14th amendment upheld political equaility and not social equality. |
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| Brown vs. Board of Education (1954) |
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| Rules that seperate but equal was not constitutional. School segregation was struck down, finally! |
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| Founded by W.E.B. DuBouis in 1909 to litigate on behalf of racial equality. |
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| Greatly increased the feds power to fight descrimination. |
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| Programs that attempt to improve the chances of minority applicants for jobs, houseing, employement, etc. |
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| Regents of UC vs. Bakke (1978) |
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Definition
| UC Davis Medical school rejected the "white dude". Court ruled that race can be used (as admission criteria) but can only be one of numerous factors in an admisssion decision. |
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| Interstate Commerce Clause |
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Definition
| Used heavily in civil rights cases. Example: Businesses can't descriminate becuase they have customers from many states. Feds use it as a "strategic loophole." |
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| Normally associated with womans rights. Basically, the government has to prove more than just the reasonableness of the law though not it's compelling nature. What are the laws goals? |
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