Benchmark 2 review 2010
About this set
Created by:
jonesatcma on November 19, 2010
Classes:
CMACandE1st2010, CMACandE3rd2010, CMACandE4th2010
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218 terms
Terms | Definitions |
|---|---|
 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 |
| separation of powers | the division of power among the legislative, executive, and judicial branches of government |
| delegated powers | Powers specifically given to the federal government by the US Constitution, for example, the authority to print money. |
| reserved powers | powers that belong strictly to the states |
| concurrent powers | powers that are shared by both the federal and state governments |
| naturalization | process by which an alien becomes a citizen |
| republic | a political system in which the supreme power lies in a body of citizens who can elect people to represent them |
| monarchy | the system of government in which a king or queen rules |
| Jamestown | First Permanent English settlement in America |
| tobacco | Cash crop that made a profit and saved Jamestown |
| House of Burgesses | 1619 - This was formed, the first legislative body in colonial America. |
| indentured servant | Laborer who agreed to work without pay for a certain period of time in exchange for passage to America |
| triangle trade | a trade route that exchanged goods between the West Indies, the American colonies, and West Africa |
| mercantilism | An economic system in which colonies are used as a source of natural resources and trade ONLY with the mother country |
| raw materials | supplies or physical resources necessary to produce a tangible good, such as cotton or timber |
| salutary neglect | British policy of ignoring its North American colonies |
| Mayflower Compact | A document written by the Pilgrims establishing themselves as a political society and setting guidelines for self-government. |
| John Peter Zenger | His indictment, trial and acquittal on sedition and libel charges against the Governor William Cosby of the New York Colony in 1735[1] were important contributing factors to the development of freedom of the press in America. |
| Thomas Paine | Patriot and writer whose pamphlet Common Sense, published in 1776, convinced many Americans that it was time to declare independence from Britain. |
| John Locke | British writer of the Enlightenment whose ideas of natural rights/social contract theory were used in the Declaration of Independence. |
| Proclamation Line | line that was setup by the British that forbids any movement/settlement west of the Appalachian Mtns; angered colonists, who felt that the current space was too crowded, and that they had every right to move if they desired |
| Stamp Act | A means of raising revenue in the colonies, and was passed by Parliament. It stated that all legal documents, contracts, licenses, pamphlets, and newspapers must carry a stamp that is taxed. It angered the colonists greatly, and led to the creation of the Stamp Act Congress. |
| No taxation without representation | reflected the colonists' belief that they should not be taxed because they had no direct representatives in Parliament |
| Saratoga | A battle that took place in New York where the Continental Army defeated the British. It proved to be the turning point of the war. This battle ultimately had France to openly support the colonies with military forces in addition to the supplies and money already being sent. |
| Declaration of Independence | the document recording the proclamation of the Second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain |
| Articles of Confederation | The first constitution of the 13 American states, adopted in 1781 and replaced in 1789 by the Constitution of the United States. |
| Shays' Rebellion | this conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working; uprising led by Daniel Shays in an effort to prevent courts from foreclosing on the farms of those who could not pay the taxes |
| William Penn | A Quaker that founded Pennsylvania to establish a place where his people and others could live in peace and be free from persecution. |
| Middle passage | the journey of slaves from Africa to the Americas, so called because it was the middle portion of the triangular trade route |
| Natural rights | rights which are such a basic part of human nature that they cannot be taken away. According to the DoI these rights include "life, liberty and the pursuit of happiness." |
| Federalists | supporters of the stronger central govt. who advocated the ratification of the new constitution |
| Anti-Federalists | were worried that the Constitution did not have a Bill of Rights or gave too much power to the national government |
| Great Compromise | Plan to have a popularly elected House based on state population and a state-selected Senate, with two members for each state. |
| popular sovereignty | The concept that political power rests with the people who can create, alter, and abolish government. People express themselves through voting and free participation in government |
| federalism | a system in which power is divided between the national and state governments |
| judicial review | The power of a court to determine the constitutionality of a governmental action |
| supremacy clause | The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. |
| elastic clause | clause in Article I, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I |
| enumerated powers | the expressed powers of Congress that are itemized and numbered 1-18 in Article I, Section 8 of the Constitution |
| implied powers | those delegated powers of the national gov't that are not specifically stated in the Constitution, but are implied by the interpretation of the Elastic Clause |
| full faith and credit clause | states have to respect and enforce the judicial rulings of other states. |
| establishment clause | Clause in the First Amendment that says the government may not establish an official religion. |
| free exercise clause | the First Amendment guarantee that citizens may freely engage in the religious activities of their choice |
| search warrant | a court order required by the Fourth Amendment of the U.S. Constitution to be obtained from governmental officials prior to private property being searched or seized. |
| due process | principle in the Fifth Amendment stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals |
| suffrage | The legal right to vote, extended to African Americans by the Fifteenth Amendment, to women by the Nineteenth Amendment, and to people over the age of 18 by the Twenty-sixth Amendment. |
| prohibition | The 18th Amendment which banned the sale & purchase of alcohol |
| repeal | to cancel, such as the Stamp Act by Parliament and the 18th Amendment by the 21st |
| whip | A legislative leader of each party who is responsible for rounding up party members for important votes. |
| hearing | A session at which a committee listens to testimony from people interested in the bill |
| Speaker of the House | the leader of the majority party who serves as the presiding officer of the House of Representatives |
| president pro tempore | the Senate member, elected by the Senate, who stands in as president of the Senate in the absence of the vice president |
| census | a count of the American population conducted every ten years |
| reapportionment | The process of reassigning representation based on population after every census |
| bill | a proposed law |
| veto | to reject, as when the President rejects a law passed by Congress |
| filibuster | a tactic for delaying or obstructing legislation by making long speeches |
| cloture | procedure for terminating debate (stops a filibuster) |
| override | to overrule, as when Congress overrules a presidential veto |
| amendment | a written change to the Constitution |
| habeas corpus | the right not to be held in prison without first being charged with a specific crime; constitutional protection against unlawful imprisonment |
| ex post facto law | a law that makes an act criminal although the act was legal when it was committed |
| impeach | to accuse an official of the executive or judicial branches of some wrongdoing or misuse of power |
| constituent | people within a district or state-government official represents them. |
| conference committee | Committee composed of senior representatives and senators called to resolve the differences between the passing House and Senate versions of a bill. |
| 14th Amendment | (amendment) all persons born or naturalized in the US were entitled equal rights and that their rights were protected at both the state and national levels. |
| eminent domain | the right of the government to take private property for public use, with reasonable compensation awarded for the property |
| bicameral | an adjective describing a legislative body composed of two chambers |
| Puritans | a group of people who sought freedom from a religious persecution in England by founding a colony at Massachusetts Bay in the early 1600s |
| citizenship | the state of being accepted as a member of country and having the rights, duties and privledges of the country. |
| 35 | This is how old you must be to become president |
| natural born citizen | In order to be president one must be 35, have lived in the US for 14 years, and this. |
| 14 | number of years a person must live in the US to be presdent |
| chief executive | the role of the president as head of the executive branch of the government |
| chief diplomat | The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements. |
| commander in chief | The role of the president where he is in charge of the US armed forces |
| chief of state | The president as a symbol of the country at formal parties and events |
| executive order | a rule issued by the president that has the force of law (e.g., putting Japanese in a camp) |
| executive agreement | an agreement between the president and the leader of another country (doesn't require approval) |
| treaty | A formal agreement between the US and other nations -must be approved by Senate |
| impeach | only the House can do this - a formal accusation that the President has comitted a crime |
| removal | can only be done in a Senate trail after impeachment |
| pardon | the power to free a person from punishment |
| amnesty | the act of granting forgiveness to a large group of people |
| Senate | group that must confirm a president's nominees to the Supreme Court |
| foreign policy | refers to issues between America and other countries |
| War Powers Act | a law enacted in 1973 that limits a president's right to send troops into battle without consulting Congress |
| Vice President | According to the Constitution this person is the official head of the Senate |
| State | Cabinet department that deals peacefully with other countries |
| diplomacy | the art and practice of conducting negotiation between nations without arousing hostility |
| ambassador | a person sent to a foreign country to represent his or her government |
| State of the Union | Constitutionally required address by the President typically given in a joint session of Congress. |
| cabinet (president) | group of officials who head government departments and advise the President |
| Treasury | Cabinet department that collects revenue and administers federal finances |
| Defense | Cabinet department that supervises the agencies and functions of the military |
| Justice | Cabinet department that represents the US in court, investigates federal crime, and ensures federal laws are followed |
| Attorney General | head of the Justice department |
| Secretary | name for the head of all cabinet departments (except Justice) |
| HHS | Cabinet department that oversees all programs related to health (e.g., the CDC) |
| HUD | Cabinet department that administers programs dealing with better housing and urban renewal |
| Homeland Security | Cabinet department that protects US borders and fights terrorism |
| Speaker of the House | After the VP, this person is next in the line of presidential succession |
| President pro tem | Unofficial head of the Senate; next in line of succession after the Speaker of the House |
| State | First Cabinet department in the order of succession |
| agencies | These are divisions of the Cabinet departments, like the FBI, CIA and FDA |
| Justice | One of the nine members of the Supreme Court |
| Supreme Court | the only court officially established by the Constitution |
| lower courts | these are courts (like District Courts and Courts of Appeals) created by Congress |
| Chief Justice | The highest ranking Supreme Court justice |
| dissenting | Opinion written by a justice who votes in the minority |
| majority | Opinion written by a justice who votes in the majority |
| concurring | Opinion written by a justice who votes in the majority but for different reasons than the majority opinion |
| opinion | an explanation written by a SC justice as to explain the reasoning for a decision |
| precedent | a ruling that is used as the basis for a judicial decision in a later, similar case |
| jurisdiction | the authority of a court to hear a case |
| original jurisdiction | the authority of a trial court to be first to hear a case |
| appellate jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. |
| District Courts | Lowest level of federal courts, where trials are held (for federal crimes like tax evasion or fraud) |
| Courts of Appeal | appellate courts which review decisions of district courts |
| life | amount of time a justice or federal judge is appointed for |
| Marbury | SC case that established the principle of judicial review |
| judicial review | established by Marbury v. Madison this means the right of the SC to determine if a law violates the constitution |
| Korematsu | SC case (along with Scheck v. US) says that in war the rights of the government are sometimes greater than an individual |
| Tinker | SC case that includes black arm bands; students "don't shed their rights at the schoolhouse gates" |
| Hazelwood | SC case that limits student rights; principal can censor newspaper to protect the school community |
| Texas | SC case that establishes that burning the US flag (as a form of free speech) is constitutional |
| Plessy | SC case that says "separate but equal" facilities are constitutional |
| Brown | SC case the rejects Plessy v. Ferguson, finds that segregated schools are not constitutional |
| Swann | SC case that allowed Charlotte to bus students to integrate schools |
| Bakke | SC case that says colleges can use an applicant's race as a factor but can't set racial quotas |
| Roe | SC case that protects a woman's right to have an abortion |
| remand | To send a case from a court of appellate jurisdiction back to the court of original jurisdiction |
| First | SC cases like Tinker v. Des Moines and Texas v. Johnson are about this amendment to the Constitution |
| separate but equal | three word phrase important to both the Plessy and Brown cases |
| consensus building | two parties start with what they can agree on and build from there |
| third party | an independent person who helps in negotiation or arbitration |
| constitutional law | law based on the Constitution and on Supreme Court decisions interpreting the Constitution |
| criminal | court case in which the state is prosecuting a defendant; involves breaking a law |
| civil | case in which an individual sues another; involves $ |
| state courts | vast majority of cases (murder, divorce, traffic) are tried here |
| trial jury | a group of citizens who are charged with judging a person charged with a crime |
| grand jury | group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial |
| defense attorney | the attorney representing the defendant in a lawsuit or criminal prosecution |
| district attorney | a lawyer who works for the government and brings accused persons to trial (same as prosecution) |
| defendant | an individual or group being sued or charged with a crime |
| prosecution | the lawyer acting for the state to put the case against the defendant (same as district attorney) |
| opening statement | The opening statements are provided by both attorneys to give an overview of what they plan to present during the trial |
| plaintiff | a person who files suit in a civil case. |
| arrest | to take a person suspected of a crime into custody |
| arraignment | the initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea |
| indictment | if grand jury believes there is sufficient evidence to bring the person to trial, it issues this |
| bail | a sum of money used as a security deposit to ensure that an accused person returns for his or her trial |
| Miranda rights | Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.) |
| felony | A serious crime (such as murder or arson) |
| misdemeanor | a minor crime |
| extradition | The legal process by which a fugitive from justice in one state is returned to that state |
| hung jury | a jury that is unable to reach a verdict |
| unanimous | what a jury decision must be in a criminal case |
| mistrial | if a judge declares this a case must begin with a new jury or the defendant is free |
| plea bargain | when the criminally accused admits guilt to a lesser charge to avoid a harsher punishment; speeds up the busy legal system |
| three strikes | a person charged with a 3rd felony automatically gets a harsher punishment |
| juveniles | Individuals under 18 years of age who are given special status under the criminal law |
| rehabilitation | process of changing or reforming a criminal through socialization |
| parole | to grant a prisoner an early release with certain restrictions |
| probation | alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed |
| restitution | act of compensating for loss or damage |
| Mapp | illegally obtained evidence can not be used against a defendant |
| Gregg | dealth penalty in cases of murder is not protected by 8th amendment |
| TLO | public school officials can conduct searches with probable cause |
| Miranda | accused persons must be told by police that they need not testify against themselves |
| Gideon | A person who cannot afford an attorney may have one appointed by the government |
| voter apathy | seen often among youth who feel their votes will not make a difference |
| national convention | The meeting of party delegates every four years to choose a presidential ticket and write the party's platform. |
| third party | a political party organized in opposition to the major parties in a two-party system |
| primary election | Election in which voters choose the candidates from each party who will run in the general election |
| platform | a series of statements expressing the party's principles, beliefs, and positions on election issues |
| political party | organized group of people who want to control or influence govt. by winning elections, holding public office, and having laws and policies reflect their political beliefs. |
| caucus | a private meeting of party leaders to choose candidates for office |
| poll | a survey taken to measure public opinion |
| plain folks | identifying the candidate as "just one of the common people" |
| bandwagon | propaganda technique that tries to persuade the person to do, think, or buy something because it is popular or everyong is doing it |
| watchdog | The function of the party "out of power" to keep an eye on the other party and govt. |
| canvassing | going through neighborhoods asking for votes or taking public opinion |
| Electoral College | The system used in electing the president and vice president, in which voters vote for electors pledged to cast their ballots for a particular party's candidates. |
| PAC | Political Action Committees; an organization formed to collect money and provide financial support for political candidates |
| lobbyist | representative of an interest group or corporation who contacts lawmakers or other government officials directly to influence their policy making |
| absentee ballot | Allows a person to vote without going to the polls on election day. |
| electorate | All persons having the right to vote. |
| winner take all | System in which the candidate with the majority of the popular vote in a state gets all the electoral votes |
| candidate | a person running for office |
| campaign finance reform | Legislation aimed at placing limits on political candidates accepting money and gifts from individuals and special interest groups |
| House of Representatives | Group that decides who will be president if no candidate has a majority of the electoral votes |
| constitution | a set of basic principles that determines the powers and duties of a government. |
| Declaration of Rights | list of more than 30 rights in the NC Constitution which gives rights to citizens |
| General Assembly | The lawmaking body for the state of North Carolina |
| bicameral | two-house legislature |
| governor | chief of the executive branch within a state |
| commute | to change a punishment to one less severe (power of governor) |
| budget | government spending plan (in NC, must be proposed by the governor) |
| pardon | an official forgiveness of a crime (in NC, by the governor) |
| lieutenant governor | the official who becomes governor if the governor dies, resigns or is removed; also the president of the state senate |
| cabinet (governor) | in NC, heads of executive branch departments that are appointed by the governor |
| Council of State | in NC, heads of executive branch departments that are elected by voters |
| president | position in the federal government that is equivalent to the NC governor |
| Mann | NC court case that established the NC Constitution as the law of the state |
| Leandro | NC court case that ruled that NC must provide a basic education to all students |
| annexation | legally adding land area to a city in the United States |
| commissioners | elected group that governs a county in NC |
| school board | Elected governing body who manages a school district |
| council | elected group that governs a city in NC |
| manager | person hired by a board to run a city or county on a day-to-day basis |
| gerrymandering | the drawing of electoral district lines to the advantage of a party or group |
| zoning | Dividing an area into zones or sections reserved for different purposes such as residence and business and manufacturing |
| hearing | a session at which a committee listens to testimony from people interested in the bill. |
| sheriff | The primary law enforcement officer in a county, usually elected to the post by a popular vote. |
| police | law enforcement of a city |
| property tax | this is the largest source of revenue in NC for county governments |
| revenue | the money a government collects from taxes or other sources |
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