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POLS Exam 1
Terms in this set (73)
The system of implementing decisions made through the political process.
A service or action that, once provided to one person, becomes available to everyone.
Types of government
monarchy, democracy, oligarchy, authoritarianism, and totalitarianism.
Where people decide on policies directly.
The political ideas and operating norms of a political entity.
powers that the constitution doesnt explicitly define, but are necessary to execute the powers.
Articles of Confederation
Agreement among original 13 states that served as first Constitution.
Proposal by Virginia delegates for a bicameral legislative branch.
New Jersey Plan
proposal for each state to have 1 vote in congress rather than the number of votes being based on population.
Gave the legislature 2 houses.
Proposed that a slave be counted as 3/5 of a white person.
Where both chambers are equally powerful.
The power of federal courts to void acts of congress in conflict with the constitution.
Enumerated powers (aka Express powers)
The powers of the federal government that are specifically described in the constitution.
The prosecution of a person twice for the same offense.
States cannot deprive citizens of rights without the "due process of law"
Powers shared by the state and federal governments
A power that may be exercised by the head of state without the approval of another branch of government.
Full faith and credit clause
Each state's law must be honored by other states.
Necessary and proper clause
Allows the government to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution"
Establishes that federal laws take precedence over state laws.
Interstate commerce clause
gives congress the power to regulate commerce with foreign nations, and along the several states, and with the Indian tribes.
Projects American citizens from their states' enacting of laws that could infringe upon their rights.
Grant political freedom and restraint from abuse of power
Guarantees individual freedom from discrimination.
Bill of Rights
Established 10 amendments.
Maine was admitted as a free state, Missouri was admitted as a slave state, and besides Missouri, slavery was to be excluded from Louisiana purchase alnds north of 36°30'
Equal protection clause
States cannot deny citizens the equal protection of the laws.
Prohibits the states and federal governments from denying the right to vote to citizens of the US on the basis of sex.
Programs of private and public institutions favoring minorities and women in hiring or admission.
De jure segregation
Separation enforced by law.
De facto segregation.
When widespread individual preference lead to seperation.
Granted freedom to slaves in confederate states if the states didn't return to union by Jan. 1 1863
Conduct that expresses an idea.
What does it mean for government to be a republic?
The interests of the people are represented through their elected leaders.
What are the 5 liberties guaranteed by the 1st Amendment?
Freedom of speech, assembly, press, religion, petition.
What are the differences between a unitary, confederal and federal government?
Unitary- political power rests with the national govt.
Confederal- Political power rests with the states.
Federal- Political power is shared between the national and state governments.
What was the name given to those who favored strong state governments during the debate over over ratifying the Constitution?
What is new federalism and which president was its primary advocate?
An attempt to restore some power to the states/ President Nixon.
What is the Articles of Confederation and what were the problems with it?
The first Constitution of the US/ they had a weak central government
What is limited government and how do federalism, republicanism, the separation of powers, and the system of checks and balances limit government activity (that is, how does the American political system seek to limit a "tyranny of the majority")?
Its where government power is limited by law/ they ensure that one branch doesn't have more power than another.
What were the Civil War (aka the reconstruction) amendments and what did they do?
The changes necessary to begin the reforms and rebuild the US.
Why did the Civil War (Reconstruction) Amendments exclude women from the right to vote?
It made it easier to ratify the 15th amendment.
What is the Lemon Test? What are the three prongs of the Lemon Test?
A way for schools to get aid from the government/ the money cant be used for religious purposes, can't encourage or discourage religion, can't tie the government up in religion.
The US has gone through a few distinct periods of federalism. What are they?
Dual federalism, Cooperative federalism, new federalism
What are grants-in-aid? How do they fit into the practice of coercive/creative federalism?
The amount of money given to a local government, an institution, or a scholar/ coercive federalism is when the government gives the states money so they will do what they want/ creative federalism is when the government gives the states money to get them to like them.
What effect did the Great Depression have on federalism in the US?
It caused dual federalism to fail, started cooperative federalism, and helped realize the division between the federal and state governments was bad.
What are the different terms of office for congress, the presidency, and the courts?
Congress- Senate can serve an unlimited number of 6 year terms. House of Reps can serve an unlimited amount of 2 year terms. Presidency is a max of 2 4 year terms. Courts are a lifetime commitment.
What was the significance of the Marbury v Madison decision?
It was the first US Supreme court case to use judicial review
Explain the process through which the US constitution can be amended.
A proposal is made, Congress votes, 2/3 must vote yes, proposal goes to states for a vote, 3/4 of the states' legislature must vote yes.
What are the limitations on free speech rights? On the freedom of the press?
Under the "clear and present danger test" and the "incitement test" you can't promote illegal activity. You also cannot promote obscenity.
Describe the process by which Amendments are proposed and ratified.
2/3 of the congress must agree for proposal and then 3/4 of the state legislature must agree to ratify.
What is the exclusionary rule?
Prohibits the use of illegally obtained evidence in a criminal trial.
What is eminent domain?
The right of a government or its agent to expropriate private property for public use, with payment of compensation.
Where is the right to privacy found in the constitution? How did it apply in Roe v Wade?
In the 4th amendment/ Roe V Wade was about abortion.
What was the significance of the Plessy vs Ferguson decision?
It ruled separate but equal is constitutional.
What was the significance of the Brown v Board decision?
It overruled segregation in schools.
How did the Civil Rights Act of 1964 and the Voting Rights Act of 1965 put a stop to Jim Crow laws in the American South?
Guaranteed equal accommodations and banned discrimination.
What are the Judicial Standards of review for civil rights cases?
Rational basis, intermediate, strict scrutiny.
Explain the difference between equality of opportunity and equality of outcome.
The idea that every individual must have the same chance to succeed in life/ the idea that the government policies should ensure that all members of society have the same chance of succeeding and all members of society actually succeed.
What was the Equal Rights Amendment and why did it fail?
Women get equal rights as men/ it failed because campaign politics got in the way.
What is the significance of the Miranda vs Arizona case?
Defendants must be read rights before being interrogated.
What governing institution does Article I create? Article II? Article III?
Legislative, executive, judicial branches.
Freedom of religion, speech, assembly, petition, press
Right to bear arms
Quartering of soldiers
Search and seizure, "probable cause", must have a warrant.
Self-incrimination, double jeopardy, due process, eminent domain, grand jury.
Speedy trial by jury, attorney, confront witness
Trial by jury in civil cases
Excessive bail/fines, cruel/unusual punishment
Catch all for other rights
Powers not specified for national government are reserved for states/people
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