45 terms

Exam 1 All Things Review

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Taxes (stamp and sugar act)
What led to the American Revolution?
Republic
a system of government which the populace selects representatives who play a significant role in governmental decision-making
Confederation
a system of government in which states retain sovereign authority except for the powers expressly delegated to the national government
Articles of Confederation
America's 1st written constitution, served as the basis for America's national government until 1789.
Constitution
the one we have today. Allowed for strong government and fixed articles of confederation
Shay's Rebellion
1787; led a mob of farmer's against the government of Massachusetts.The Purpose was to prevent foreclosures on debt-ridden land. Led to the Constitutional Convention of 1787 and the new constitution.
Virginia Plan
called for representation in the national legislature based on the population of each state. thought to be heavily biased towards large states
New Jersey Plan
called for each equal state representation in the national legislature regardless of population. In favor of small states - New Jersey, New York, Delaware, Connecticut
Great Compromise
an agreement reached at the Constitutional Convention of 1787 that each state has an equal # of representatives regardless of the population but linked representation in the House of Representatives to the population.
A mix between both states plans with involvement from House of Representatives and Senate
three-fifths compromise
every 5 slaves would be considered 3 free people in the House of Representatives according to "population"
These slaves were not allowed to vote, but # of reps would be appointed accordingly
Bicameralism
having a legislature assembly composed of 2 chamber or houses; distinguished by unicameral.
house of Representatives and Senate
Separation of Powers
used to balance power between 3 branches of government. branches are given their own power with a little power over each of the other branches.
Checks and Balances
-Presidential veto power over congressional legislation
-Power over senate to approve presidential appointments
-Judicial review of congressional enactments
Why do we have the bill of rights?
delegates argued states should adopt a Bill of rights because their greater powers needed greater limitations. Federal Government doesn't have too much power for one person
equal protection of the laws
Which of the following is not a liberty protected by the bill of rights? the free exercise of religion, freedom from unreasonable searches and seizures, guarantee of the due process of law, or equal protection of the laws
1st Amendment
freedom of speech, press, assembly, and petition
4th Amendment
You cannot search or seizure evidence without a court warrant swearing in probable existence of a committed crime
5th Amendment
Trials for serious crimes cannot be held without a grand jury, double jeopardy, self-incrimination, due process
9th Amendment
addresses rights, retained by the people, that are not specifically enumerated in the Constitution
13th Amendment
Elimination of slavery and right of states to allow property in persons
14th Amendment
provided a national definition of citizenship to "all persons born or naturalized in the U.S." also applied due process of Bill of Rights to the states
15th Amendment
Granted African-American males the right to vote by declaring "right of citizens of the U.S. or by any state on account of race, color, or previous condition of servitude."
lemon test
Government actions toward religion are permissible if
-Secular Purpose
-effect neither to advance or inhibit religion
-does not entangle government/ religious institutions in each others affairs.
Strict Scrutiny
used by Supreme Court in racial discrimination cases (and others involving civil liberties/rights) that places a burden on the government rather than the challenges to show that the law in question in constitutional
Exclusionary Rule
illegal search evidence is NOT allowed to be introduced in a trial (4th Amendment)
Gideon v. Wainwright
1963 trial of breaking and entering, when plaintiff became a "Jailhouse Lawyer" and made his own appeal on a handwritten petition to win the case
Attorney provided to person (6th Amendment)
Griswold v. Connecticut
1965 trial against a state forbidding use of contraceptives and arresting a doctor for giving medical advice about them to a couple. Plaintiff appealed to Supreme Court claiming the law was against U.S. Constitution. Ruling was the law violated "marital privacy"
Roe v. Wade
1973 trial establishing a woman's right to seek an abortion and prohibits states from making abortions a criminal act. Case was a huge step towards establishing right to privacy, and dramatically changed abortion practices in America
Lawrence v. Texas
2003 trial over a Homosexual Conduct Law being unconstitutional and discriminating against homosexuals. The law was overturned as a matter of Constitutional Due Process
Dred Scott v. Sanford
1857 trial of a slave suing for his freedom after relocating to a free territory with his owner. The court disagreed with this claiming slaves had no Due Process Rights because they are property. Case decision led to the country splitting over the issue of slavery
Plessy v. Ferguson
1896 trial of a one-eighth black male violating a Louisiana law stating "equal but separate accommodations on trains." Court ruled the use of race as a criterion of exclusion in public matters was NOT unreasonable
Seneca Falls Convention
1st Women's rights convention on July 19th and 20th 1848 in Philidelphia.
Jim Crowe Laws
enacted by southern states that discriminate against African-Americans. The 1st set of laws were adopted in the 1870's to criminalize intermarriage of races and segregate trains/depots.
Ways used to discriminate against African-Americans
restricted covenant, literacy test, poll taxes, and the grandfather clause
Redlining
banks refusing to make loans for people living in certain geographic locations. Became difficult to The 1977 Community Reinvestment Act.
(boost prices to exclude races)
Civil Rights Act of 1964
an important piece of legislation passed by congress concerning equal opportunity. Goes beyond voting to attack discrimination in public matters, segregated schools, and discriminatory conduct of employers. Also includes discrimination of Women ( No Discrimination, No disabilities, Equal Employment Opportunity Commission)
Americans with Disabilities Act
Act of 1990 guaranteeing equal employment rights and access to public businesses for the disabled and prohibits discrimination in housing, employment, and health care. Has had a big impact on businesses adding ramps, elevators, etc to meet requirements
Taxation up to the American Revolution
Taxes started at very little, moved up to moderate rates when British reasoned a fraction of debt with expenses spent on defense for America. High taxes on everything were added when no revenue was being gained from previous taxes.
Tax Policies under the king
British House of Commons retaliated to the Boston Tea Party with a series of acts, also known as the intolerable Acts: closing the port to commerce, changed the provincial government of Massachusetts, provided removal of accused persons to Britain for trial, and most important restricted movement to the west
Weeks v. Us, it was an exclusion to the rule
What court Case did the exclusionary rule come from, and what was it?
Lemon v. Kurtzman
Where did the lemon test come from?
Equal protection of law
What liberty is not protected by the bill of rights?
Differences between AOC and C
AOC is unicameral, C is Bicameral, Government could not tax
de facto
fact
de jure
law