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Civics Final (Mr. Davis)
Terms in this set (50)
what does federalism state (definition)?
Under federalism power is shared by the national government and the states
What are Expressed powers? (Definition)
powers that are specifically granted to the national government
List 3 expressed powers
1. Congress can make laws
2. Congress can reject appointments of the president
3. Supreme Court can overturn laws
What does the reserved Powers state (definition)?
Powers not given to the national government but reserved for the states
List 3 Reserved Powers
1. Establishing schools
2. Conduct elections
3. Making rules for marriage and divorce
What are Concurrent Powers? (definition)
Areas were the authority of the states and the national government overlap
List 3 Concurrent Powers
1. Power to collect taxes
2. Set up courts and prisons
3. Provide for the general Welfare
What does the Elastic Clause give to Congress?
Gives Congress the ability to make laws necessary and proper to carry out the powers given in the other clauses. Called the Elastic Clause because it lets Congress stretch its powers to meet the situations the Founders could have never anticipated
What does the establishment Clause say?
The government may not allow religion into politics or the government
What does Supremacy Clause say?
The laws and treaties passed by Congress are the supreme law of the land and when states conflict with federal laws, the federal laws win
What does the Equal Protection Clause require each state to do?
requires every state to treat other states citizens equal under the law
taking a bill to death by delaying a vote until the bill's sponsor gives up and withdraws the bill
What does Checks and Balances mean(definition)?
Each branch of government is able to check or restrain the power of the others
List 3 Examples of Checks and Balances
1. President can veto laws proposed by congress
2. Congress can reject appointments of the President
3. Supreme Court can overturn laws
List the Freedoms the 1st Amendment guarantees
1. Freedom of Religion
2. Freedom of Speech
3. Freedom of the Press
4. Freedom of Assembly
5. Freedom to Petition the Government
What does the 4th amendment protect
Protects Americans from unreasonable searches and seizures. Also the government can't search your home or take your property without a cause, but is law enforcement believes you have committed a crime, they can ask a judge to issue a search warrant.
What does the 5th amendment say
it says that it protects the rights of people accused of crimes
What does the 5th amendment protect
1. Rights against self-incrimination in criminal cases
2. Right to have criminal charges screened by a grand jury
3. Right to avoid being charged twice for the same offense
4. Right to have due process of law
5. Right to receive just compensation when private property is taken for public use
What does the Right to have serious criminal charges screened by a grand jury say?
1. Civilians who are accused of serious crimes have the right to a grand Jury (23 people), which determines if enough evidence exists to prosecute
2. If a grand jury believes the prosecutor has sufficient evidence, it will issue an indictment, formally charging the person with a crime
What does the Right to avoid being charged twice for the same crime mean?
1. Known as double jeopardy, once a defendant has been acquitted, this forbids him from
2. Being tried again
Double Jeopardy does not apply when the accused is retried because of a mistrial, nor does it apply if the defendant committed a crime
3. It does not apply to civil cases
What does a Petit Jury do(12 people)
A Petit Jury determines the actual guilt at trial
What does Right against self-incrimination mean?
1. Defendant can't be forced to testify against himself
2. Confessions must be truly voluntary
What does the Right to have due process of law mean (definition)?
Basic idea is that government must not behave arbitrarily and capriciously but must act fairly according to established rules
What is Substantive Due Process?
The Supreme Court will examine the content of the law to determine whether it violates fundamental rights not specifically covered in the constitution
What is Procedural Due Process?
Procedural Due process- the government must follow the procedures in order to safeguard the person against the power of the state
What does the 6th amendment protect?
1, The right to a public trial
2. the right to a lawyer
3. the right to a jury
4. the right to a speedy trial
What does the 8th amendment protect
protects against excessive bail, excessive fines, and cruel and unusual punishment.
What does the 22nd amendment limit.
Limits the president to 2 terms in office or 10 years in office
The power the president has to refuse to sign a bill
If the President does nothing with a bill for 10 days and Congress is adjourned the bill dies
What is Due Process? (Definition)
Due process is the Basic idea is that government must no behave arbitrarily and capriciously but must act fairly according to established rules
What is Apportionment?
Each state has 2 senators and has as many representatives according to their state population. There are 100 senators and 435 members in the House of Representatives
What happened in Brown V. Board?
It overturned that Plessy V Ferguson ruling and ruled that separate was inherently unequal.
What happened in Miranda V. Arizona?
Police arrested a man and questioned him but the police had not told Miranda his rights so the court threw out every question he had answered. Miranda was still convicted of his crime.
What happened in Mapp V. Ohio
The police broke into Mapp's house without a warrant and they found erotic art. Mapp was arrested and charged with possession of obscene materials. The Supreme Court overturned the ruling because the evidence should have been excluded from the trial since it was the fruit of an illegal search
What happened in Texas V. Johnson
A man burned an American flag and the state of Texas arrested him under a law that you can't desecrate the American flag in a way that offends people. The Supreme Court held that the government may not outlaw the expression of an idea because society finds the idea offensive
What are the ideals of the Supreme Court
1. Treat everyone the same
2. Every person accused of breaking the law has a right to a public trial
3. If an accused person can't afford a lawyer the court will pay for one
4. Each person is considered innocent until proven guilty
5. Each person has a right to request for a review of their case
What happened in Marbury V. Madison
Marbury was made a justice of the peace on the last day of president's john Adams presidency and Thomas Jefferson (the new president) cancelled the order. Marbury won the case and the case gave the Supreme Court the power of judicial review
What is the Bill of Rights?
1. Added in 1791, the 10 amendments in the Bill of Rights place strict limits on how the national government can use its power over the people
2. Bill of Rights protects our civil liberties
What is incorporation?
It is the legal process used to from a corporate company
What are the 7 Powers of the President
1. Veto bills passed in Congress
2. Call Congress into special session (State of the Union)
3. Serve as Commander and Chief of the armed forces
4. receive leaders of other countries
5. Make treaties with Senate approval
6. Appoint heads of executive agencies, federal judges, ambassadors with Senate approval
7. Pardon or reduce penalties of people convicted of federal crimes
What are the differences in the legislative process in the House and the Senate?
The house's bills have to pass through the Rules committee for the order and the Senate usually goes in order and all bills dealing with money go through the House.
What were the differences between the Articles of Confederation and the Constitution?
the articles didn't give congress the power to collect taxes. Also didn't allow for the Judicial and Executive offices. Also created the two branches of Congress.
How is representation in the Congress determined?
The House of Representatives members are based on a state's population. The States have 2 senators no matter the population of the State
What were the differences between the positions of the Federalists and the Anti-Federalists?
The Federalists liked the constitution and supported it. The Anti-Federalists thought the original constitution gave too much power to the government.
How is an amendment made to the Constitution?
1. Congress can propose with a 2/3 vote in each house
2. 2/3 of state legislatures can also propose by calling a convention to propose
3. To ratify, 3/4 of state legislatures or 3/4 of state conventions must ratify
How does a bill become a law
1. Ideas come from Congressmen, citizens, executive, special-interests
2. Bills can only be introduced by senators and representatives
3. Any bill that involves money must start in the House
4. Every bill is given a title and a number when it is submitted. During the first session the first bill introduced is named S.1 or H.R. 1
5. The bill is then sent to the standing committee that seems most qualified to handle it
6. The bill is voted on in the House or Senate and then sent to the other.
7. If the bill passes The president can veto, pocket veto, or pass the bill
8. If the president passes the bill the bill becomes a law
How are Federal Judges appointed?
Federal Judges are nominated by the President and approved by Congress.
What are our Civil Liberties? (Definition)
Our civil liberties are freedoms we have that lets us think and act without government interference or fear of unfair treatments from the government
What are Special Interest Groups?
They are organizations made up of people with some common interest who try to influence government interests in their favor
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