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Types of laws
The law is the code of conduct by which society is governed. State courts apply constitutional, statutory, and adminastrative law as well as common law and equity. The law can also be classified as either criminal or civil law. p683
The county's governing body. p719 small group of people elected to make laws for and run the government of the county
Brown v Board of Education
Supreme Court found that segregation was a violation of the Equal Protection clause; "separate but equal" has no place; reversed decision of Plessy v Feurgeson p603
Marbury v Madison
established concept and power of judicial review and claimed for the Supreme Court the right to declare acts of Congrerss unconstitutional. This was the first time supreme court declared something 'unconstitutional' p518
McCulloch v Maryland
1819, Supreme Court holds that the powers to tax, borrow, and regulate commerce give Congress the IMPLIED POWER to establish a national bank. The Court ruled that the power of the federal govt was supreme to that of the states and the states could not interfere or tax the bank. This IMPLIED POWER ruling was very important. p306
Miranda v Arizona
Created the Miranda Rule. Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. p582
Plessy v Ferguson
1896 Supreme Court decision which created the separate-but-equal doctrine which legalized state ordered segregation so long as the facilities for blacks and whites were equal. p602
Rule that evidence acquired as a result of an illegal act by police cannot be used agains the person form whom it was seized. p573
The Supreme Court's opinion is the majority opinion. It announces the Court's decision in a case and sets out the reasoning on which it is based. There may also be concurring opinions and dissenting opinions. p522
Speech protected by the 1st and 14th Amendments. Gives all people the right to have their say and the right to hear what others have to say. p546
These are forms of speech that are not protected by the government. These include fighting words, obscenities and speech that may cause public danger. Any other speech that infringes on someone else's freedoms or safety is not protected by the govt. and can have adverse consequences. p546
CItizenship by Birth:
(1) born in US or US territory (jus soli) OR
(2) at least one parent is a citizen when you are born and who has at some time lived in the U.S. (jus sanguinis).
CItizenship by Naturalization:
(1) must be 18,
(2) entered country legally and lived in the US for at least 5 years -- for husbands or wives of citizens, 3 years
(3) file a petition for naturalization
(4) be literate in the English language
(5) be of "good moral character"
(6) have a "knowledge and understanding of the fundamentals of the history, and the principles and form of government, of the United States
(7) take an oath
Expatriation is the legal process by which a loss of citizenship occurs. Congress cannot take away a person's citizenship for something he or she has done. Denaturalization is how naturalized citizens lose their citizenship due to it being shown that the person became a citizen due to fraud or deception. p614
The Fifth Amendment right providing that a person cannot be tried twice for the same crime
natural born citizen, lived in the US for 14 years, and 35 years old p356
1. Vice President 2. Speaker of the House 3. President Pro-Tempore of the Senate 4. Secretary of State 5. Secretary of Treasury 6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture 10. Secretary of Commerce
The group of people (electors) chosen in each State and the District of Columbia every four years twho make a formal selection of the President and Vice President. p366
(1) Executive Powers (executing the law, ordinance power, appointment power, removal power);
(2) Diplomatic Powers (power to make treaties, executive agreements, power of recognition);
(3) Military Powers (Commander in Chief of the nation's armed forces)
(3) Legislative Powers (message power, veto power)
(4) Judicial Powers (reprieves, pardons, clemencies, commutations, and amnesties)
(see all of Chapter 14)
Various tactics (usually long speeches) aimed at defeating a bill in a legislative body by preventing a final vote; associated with the U.S. Senate. p343
To bring formal charges against a public official; the House of Representatives has the sole power to impeach civil officers of the United States. p311
• Bill is introduced in both House and Senate
• Committee action in both House and Senate
• Floor action (debated, then passed or defeated) in both House and Senate
• Conference Committee resolves differences between House and Senate bills
• House and Senate vote on final passage
• signed into law by President
As a nominating device, a group of like-minded people who meet to select the candidates they will support in an upcoming election. p180
(1) define the universe to be surveyed;
(2) construct a sample;
(3) prepare valid questions;
(4) select and control how the poll will be taken; and
(5) analyze and report their findings to the public. p218
Right to Vote --- Race, Color, Servitude. No state can deny any citizen the right to vote on account of race or previous state as slave p775
Voting Rights for Women. No person can be denied the right to vote on account of his or her sex. p776
Abolition of Poll Tax in National Elections. Outlawed the payment of any tax as a condition for taking part in the nomination or election of any federal officeholder. p778
Election in which voters choose the candidates from each party who will run in the General Election. Closed primaries are ones in whcih only declared party members can vote. Open primaries are ones in which any voter can participate. Blanket primaries have alo, but rarely, been used. p182 - 184
In American politics, a mandate refers to the instructions or or commands a constituency gives to its elected officials. p216
Theories of government
The Force Theory, The Evolutionary Theory, The Divine Right Theory, The Social Contract Theory p7
System of government in which public policies are made by officials selected by the voters and held accountable in periodic elections. p29
A form of government where the will of the people is translated into public policy (law) directly by the people themselves in mass meetings. p12 (Note: This only works in very small communities. It does not exist at the national level anywhere in the world today.)
All powers held by the government belong to a single, central agency. p14 (often described as a centralized government)
A federal government is one in which the powers of government are divided between a central government and several local governments. p14
A confederation is an alliance of independent states united to accomplish common goals while also retaining their separate identities. p15 (rare in the modern owrld. The European Union (EU) is the closest approach to one today with 25 member-nations.
A form of government in which the power to rule is held by a small, usually self-appointed elite. p13
The meeting of state delegates (known as the Framers of the Constitution) in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution. p48
Considered the author of the Declaration of Independence. p38 (Also, 3rd President of the United States)
American revolutionary patriot who was president of the Continental Congress from which came the Declaration of Independence. p37 The largest signature on the Declaration of Independence.
Freedom of Reigion, Speech, Press, Assembly, and to Petition the Government. p771 (Note: The first 10 Amendments collectively are known as the Bill of Rights)
Criminal Proceedings, Due Process, Eminent Domain. Right to a fair trial, can't be tried twice for the same crime (double jeopardy), you don't have to testify against yourself. Eminent Domain protrects againts the State seizing private property for public use without paying just compensation. p772
Criminal Proceedings: Right to a speedy and public trial, an impartial jury, to comfront witnesses against you, and to have a lawyer. p772
Constitutional declaration (Article VI, section 2) that the Constitution and laws made under its provisions are the "supreme Law of the Land". Considered the linchpin of the Constitution. p94
A form of government in which the executive and legislative branches are separate, independent and coequal. p812
A form of government in which the executive branch is made up of the prime minister, or premier, and that official's cabinet. p812 ( the POLITICAL PARTY in control picks their PRIME MINISTER - Head Executive)
Having supreme power within its own territory; neither subordinate nor responsible to any other authority. p6
Changes or additions that become part of the Constitution.
There are four methods but the following is the one that has been used for all but one of the 27 amendments:
(1) proposed by a 2/3 vote in both houses Congress
(2) Ratified by State legislatures of at least 3/4 (38) States
types of powers
Exclusive Powers: National Government Only (also called Delegated Powers)
Concurrent Powers: Both National Government and States
Reserved Powers: State power only (Constitution does not grant to the National Government nor deny to the States)
see illustration on p93)
The Connecticut Compromise was an agreement during the Constitutional Convention that Congress should be comosed of a Senate, in which States would be represented equally, and a House, in which representation would be based on a State's Population.
Considered the "Father of the Constitution"; contributed more to the Constitution than anyone else at the Philadelphia Convention (AKA Constitutional Convention); one of the Framers.
1st President of the United States, planter, commander of the Continental Army, presided over the writing of the Constitution in 1787
Also known as the "Necessary and Proper Clause". Clause in Article I, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" for executing its powers. Called the Elastic Clause because over time it has been stretched to cover so many situations. It is an Implied Power. p90
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