Term
|
Definition
- declare war and peace
- make treaties and alliances
- coin and borrow money
- regulate indian affairs |
|
|
Term
|
Definition
- tax citizens directly
- raise an army
- regulate commerce among states
- enforce treaties
- maintain a sound monetary system |
|
|
Term
| why did articles of confederation fail |
|
Definition
- central gov was too weak
- Political conflict among dif interests
- elite vs radical control of states |
|
|
Term
| Framers wanted to resolve fundamental disputes How? |
|
Definition
- representation (small states vs big states)
- house of reps based on population
- great compromise (every state gets 2 reps in state rep)
- slavery (south wanted to count eveyone north didnt) |
|
|
Term
| Framers wanted to protect property from radical state legislatures How |
|
Definition
| - Limits on state powers (places rules on dif things, debters, printing money) |
|
|
Term
| Framers wanted to establish a legitimate gov How |
|
Definition
- Direct election of the house
- declare oath to constitution
- written constitution |
|
|
Term
| Framers wanted to Prevent excessive democracy How |
|
Definition
- representative democracy
- dif constitutions for dif institutions
- indirect elections
- bicameral legislature
- staggered terms of office (senators 6 years, house 25 years) |
|
|
Term
| Framers wanted to protect liberty/limited gov power How |
|
Definition
- seperated the institutions sharing powers
- checks and balanes
- Federalism divide powers between state and national gov
- Bill of rights |
|
|
Term
| Framers wanted to creat a lasting Constitution How |
|
Definition
- Difficult formal amending process
- Praposal - ratification
- praposal 2/3 of house and senate OR 2/3 of states
- Ratification 3/4 of states OR s/4 of state ratifying convention |
|
|
Term
|
Definition
| system of government where you have 2 existing levels that have powers, make decisions, etc |
|
|
Term
|
Definition
|
|
Term
|
Definition
| national gov has all power |
|
|
Term
|
Definition
| powers for federal gov specifically named in the text |
|
|
Term
|
Definition
| congress shall have the power to do that which is necesssary and proper in order to carry our its enumerated powers |
|
|
Term
| necessary and proper clause/elastic clause |
|
Definition
| gives congress authority to make all laws necessary and proper to carry them out |
|
|
Term
|
Definition
| powers not specifically given to national gov nor denied to state |
|
|
Term
|
Definition
| national gov was creating a bank states didnt like it so maryland put taz on national bank McCulloch refused to pay tax. John Marshal said congress CAN create a bank due to Implied Powers cause of how he read teh national and proper clause buthe said teh power to tax was the power to destroy so NO taxing |
|
|
Term
| Duel federalism (layer cake - national on top state on bottom) |
|
Definition
| each set of gov has own set of rules and duties |
|
|
Term
|
Definition
|
|
Term
| What does/jobs State Gov has |
|
Definition
| Police powers ie. saftey, health, well being, morals |
|
|
Term
| Coperative federalism (swirl cake national and state work together) |
|
Definition
|
|
Term
| Switch in time that saved 9 |
|
Definition
| Help during great depression to earn money and pay for things (new Deal) FDR was trying to help but congress was turning everything down FDR wanted to change # of peopel in congress so new deal woudl b upheld instead of overturned |
|
|
Term
|
Definition
- freedom from gov interference
- from bill of rights
- 14th ammendment due process clause
- Require no gov action |
|
|
Term
|
Definition
- Freedom to participate fully in economic social and political systems
- 14th amendments equal proection clause
- Require gov action |
|
|
Term
| how have r liberties expanded |
|
Definition
- by limiting powers of police r gov is expanding our liberties
- some things expand power of gov and limit liberties and vice versa
- warrne court, burger court, remquist court, and roberts court |
|
|
Term
|
Definition
- preferredd freedom given strict scrutiny
- up to gov to make its argument compelling reason
- clear and present danger test - if dangerous gov can limit it
- cant b punished for outcome of speech(if ppl act out in a bad way after hearing ur speech its not ur fault)
- symbolic speech(some symbolic thinsg are illegal to burn or destroy)
- Is it your property or the govs? |
|
|
Term
|
Definition
- No prior restraint(gov stops publication of something)
- if something is printed and its true there is no gov involved and tehy are protected
- if its untrue can b sued and punished for liable
- liabel requires "actual malice" - knowing it was wrong but still printed it |
|
|
Term
|
Definition
- establishment clause(wall of seperation between gov and religion OR church and state)
- free exercise law ( school prayers, religious displays on public property, etc) |
|
|
Term
| Freedom of religion - Lemon Test |
|
Definition
Any law dealing w. religion has to pass thsi test
- law has to have a non religiosu purpouse
- law cant promote or restarin religion
- ne entaglement between the two |
|
|
Term
| Rights of criminally accused |
|
Definition
- Exclusionary rule
- self incrimination
- miranda rule (ppl have to b informed of their rights - right to council and right to remain silent) |
|
|
Term
|
Definition
| doesnt say "privacy" anywhere but hints at it and if you look at the ammendments as a whoel it says things about privacy in amendmenst 9,3,4,and 5 |
|
|
Term
| Abortion case Roe vs Wade |
|
Definition
- Example of privacy
- broke pregnancy into 3 trimesters: 1st trimester its womens decision, 2nd more risky so gov can regulate abortion procedure, and 3rd trimester fetus has rights of its own
- Trimester rule is no longer in play but states can regulate tehir own abortion laws: undo burden law
- spousal consent is not allowed nor is keeping track of abortions on record allowed |
|
|
Term
| Nationalization of the bill of rights / how we came to apply bill of rights to the states |
|
Definition
- selective in corporation
- 14th ammendmenst due process clause: no state shall deny its citizens life liberty and property without due process of the law |
|
|
Term
| Civil Rights - how have r civil rights expanded |
|
Definition
- constitutional amendments
- legislation
- supreme court decisions |
|
|
Term
|
Definition
- 13th banned slavery
- 14th guranteed citizenship and = protection of laws to all
- 15th protects voting rights
- civil righst act banned discrimination |
|
|
Term
|
Definition
- 1877 compromise ends northern occupation
- jim crow laws: segregation
- voting restrictions: violence and intimidation, poll tax, white primary, and literacy tests w. grandfather clause |
|
|
Term
| framers limited democracy by |
|
Definition
| having president chosen by electoral college |
|
|
Term
|
Definition
| division of congress into 2 chambers |
|
|
Term
| second step to ammending constitution |
|
Definition
| 3/4 of state legislatures to pass amendment |
|
|
Term
|
Definition
| have been a tool in the policy of devolution |
|
|
Term
|
Definition
| shopkeepers, small farmers, and artisans |
|
|
Term
|
Definition
| national gov was mostly responsible for promoting commerce economic growth |
|
|
Term
| systems of checks and balances |
|
Definition
| allow supreme court to declare laws unconstitutional |
|
|
Term
|
Definition
| added to the constitution to decrease power of national gov |
|
|
