GOVERMTN

66 flashcardsby Kelsey
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1
Civil liberties: Fundamental rights and freedoms guaranteed by law, protecting individuals from government interference.
True
2
Negative rights: Rights requiring others, especially governments, to refrain from interfering with individual freedoms.
True
3
Human rights: Universal, inherent rights belonging to all individuals, ensuring dignity, equality, and freedom.
True
4
Bill of Rights: The first ten amendments to the U.S. Constitution, guaranteeing fundamental freedoms and protections.
True
5
Barron v. Baltimore: An 1833 Supreme Court case ruling that the Bill of Rights restricts only the federal government, not state or local governments.
True
6
Incorporation doctrine: The legal principle that applies Bill of Rights protections to state governments through the Fourteenth Amendment's Due Process Clause.
True
7
Due Process Clause: Constitutional provisions in the Fifth and Fourteenth Amendments guaranteeing fair legal procedures and protecting individuals from arbitrary government actions.
True
8
Equal Protection Clause: A provision in the Fourteenth Amendment requiring states to treat all individuals equally under the law.
True
9
Free Exercise Clause: A provision in the First Amendment protecting individuals' rights to practice their religion without government interference.
True
10
Establishment Clause: A provision in the First Amendment prohibiting the government from establishing or favoring a religion.
True
11
Lemon Test: A three-pronged standard from Lemon v. Kurtzman (1971) used to determine if government actions violate the Establishment Clause by assessing secular purpose, primary effect, and entanglement with religion.
True
12
Civil rights: Legal protections ensuring equal treatment and freedom from discrimination based on characteristics like race, gender, or disability.
True
13
Positive rights: Rights that require others, especially the government, to take action or provide resources to ensure individual well-being and equality.
True
14
Plessy v. Ferguson: An 1896 Supreme Court case that upheld racial segregation under the doctrine of "separate but equal."
True
15
Brown v. Board of Education: A 1954 Supreme Court decision declaring racial segregation in public schools unconstitutional, overturning Plessy v. Ferguson.
True
16
Affirmative action: Policies and practices aimed at increasing opportunities for historically disadvantaged groups, often in education and employment, to promote diversity and equality.
True
17
Roe v. Wade: A 1973 Supreme Court decision that legalized abortion nationwide, recognizing a woman's right to choose under the constitutional right to privacy.
True
18
Obergefell v. Hodges: A 2015 Supreme Court decision that legalized same-sex marriage nationwide, ruling that the right to marry is protected under the Fourteenth Amendment's Equal Protection and Due Process Clauses.
True
19
Equal Rights Amendment (ERA): A proposed amendment to the U.S. Constitution aimed at guaranteeing equal legal rights for all citizens, regardless of sex. It was first introduced in 1923 but has not been fully ratified.
True
20
Right to property: The legal right to own, use, and control property, protected by the Fifth and Fourteenth Amendments, which prevent government from taking property without due process or just compensation.
True
21
Right to counsel: The constitutional right of an accused person in a criminal case to have legal representation, guaranteed by the Sixth Amendment.
True
22
Right to vote: The fundamental legal right of citizens to participate in elections, protected by the Fifteenth, Nineteenth, and Twenty-sixth Amendments, among others.
True
23
Federalism: A system of government in which power is divided between a central authority and regional entities, such as states or provinces.
True
24
Dual federalism: A concept where state and federal governments operate independently within their own spheres of authority, with limited overlap or interference. Often described as "layer cake" federalism.
True
25
Cooperative federalism: A system where state and federal governments work together on policy issues, often sharing responsibilities and resources. It’s commonly referred to as "marble cake" federalism.
True
26
Enumerated powers: Specific powers granted to the federal government by the U.S. Constitution, primarily listed in Article I, Section 8, such as the power to tax, regulate commerce, and maintain an army.
True
27
Implied powers: Powers not explicitly stated in the Constitution but inferred from the necessary and proper clause (Article I, Section 8), allowing Congress to pass laws essential to exercising its enumerated powers.
True
28
Inherent powers: Powers that are not explicitly listed in the Constitution but are essential for the federal government to function and fulfill its responsibilities, such as controlling immigration or defending the nation.
True
29
Concurrent powers: Powers shared by both the federal government and state governments, such as the ability to tax, borrow money, and establish courts.
True
30
Reserved powers: Powers not specifically granted to the federal government nor prohibited to the states by the Constitution, and therefore reserved for the states or the people, as outlined in the Tenth Amendment.
True
31
Police powers: The inherent authority of states to regulate behavior and enforce laws to protect public health, safety, morals, and welfare of their residents.
True
32
Commerce Clause:
A provision in Article I, Section 8 of the U.S. Constitution giving Congress the power to regulate interstate commerce, trade between states, and with foreign nations, often used to justify broad federal legislative power.
33
Supremacy Clause:
Located in Article VI of the U.S. Constitution, it establishes that federal law is the supreme law of the land, overriding state laws when there is a conflict.
34
Civil liberties
Fundamental rights and freedoms guaranteed by law, protecting individuals from government interference.
35
Negative rights
Rights requiring others, especially governments, to refrain from interfering with individual freedoms.
36
Human rights
Universal, inherent rights belonging to all individuals, ensuring dignity, equality, and freedom.
37
Bill of Rights
The first ten amendments to the U.S. Constitution, guaranteeing fundamental freedoms and protections.
38
Barron v. Baltimore
An 1833 Supreme Court case ruling that the Bill of Rights restricts only the federal government, not state or local governments.
39
Incorporation doctrine
The legal principle that applies Bill of Rights protections to state governments through the Fourteenth Amendment's Due Process Clause.
40
Due Process Clause
Constitutional provisions in the Fifth and Fourteenth Amendments guaranteeing fair legal procedures and protecting individuals from arbitrary government actions.
41
Equal Protection Clause
A provision in the Fourteenth Amendment requiring states to treat all individuals equally under the law.
42
Free Exercise Clause
A provision in the First Amendment protecting individuals' rights to practice their religion without government interference.
43
Establishment Clause
A provision in the First Amendment prohibiting the government from establishing or favoring a religion.
44
Lemon Test
A three-pronged standard from Lemon v. Kurtzman (1971) used to determine if government actions violate the Establishment Clause by assessing secular purpose, primary effect, and entanglement with religion.
45
Civil rights
Legal protections ensuring equal treatment and freedom from discrimination based on characteristics like race, gender, or disability.
46
Positive rights
Rights that require others, especially the government, to take action or provide resources to ensure individual well-being and equality.
47
Plessy v. Ferguson
An 1896 Supreme Court case that upheld racial segregation under the doctrine of "separate but equal."
48
Brown v. Board of Education
A 1954 Supreme Court decision declaring racial segregation in public schools unconstitutional, overturning Plessy v. Ferguson.
49
Affirmative action
Policies and practices aimed at increasing opportunities for historically disadvantaged groups, often in education and employment, to promote diversity and equality.
50
Roe v. Wade
A 1973 Supreme Court decision that legalized abortion nationwide, recognizing a woman's right to choose under the constitutional right to privacy.
51
Obergefell v. Hodges
A 2015 Supreme Court decision that legalized same-sex marriage nationwide, ruling that the right to marry is protected under the Fourteenth Amendment's Equal Protection and Due Process Clauses.
52
Equal Rights Amendment (ERA)
A proposed amendment to the U.S. Constitution aimed at guaranteeing equal legal rights for all citizens, regardless of sex. It was first introduced in 1923 but has not been fully ratified.
53
Right to property
The legal right to own, use, and control property, protected by the Fifth and Fourteenth Amendments, which prevent government from taking property without due process or just compensation.
54
Right to counsel
The constitutional right of an accused person in a criminal case to have legal representation, guaranteed by the Sixth Amendment.
55
Right to vote
The fundamental legal right of citizens to participate in elections, protected by the Fifteenth, Nineteenth, and Twenty-sixth Amendments, among others.
56
Federalism
A system of government in which power is divided between a central authority and regional entities, such as states or provinces.
57
Dual federalism
A concept where state and federal governments operate independently within their own spheres of authority, with limited overlap or interference. Often described as "layer cake" federalism.
58
Cooperative federalism
A system where state and federal governments work together on policy issues, often sharing responsibilities and resources. It’s commonly referred to as "marble cake" federalism.
59
Enumerated powers
Specific powers granted to the federal government by the U.S. Constitution, primarily listed in Article I, Section 8, such as the power to tax, regulate commerce, and maintain an army.
60
Implied powers
Powers not explicitly stated in the Constitution but inferred from the necessary and proper clause (Article I, Section 8), allowing Congress to pass laws essential to exercising its enumerated powers.
61
Inherent powers
Powers that are not explicitly listed in the Constitution but are essential for the federal government to function and fulfill its responsibilities, such as controlling immigration or defending the nation.
62
Concurrent powers
Powers shared by both the federal government and state governments, such as the ability to tax, borrow money, and establish courts.
63
Reserved powers
Powers not specifically granted to the federal government nor prohibited to the states by the Constitution, and therefore reserved for the states or the people, as outlined in the Tenth Amendment.
64
Police powers
The inherent authority of states to regulate behavior and enforce laws to protect public health, safety, morals, and welfare of their residents.
65
Commerce Clause
A provision in Article I, Section 8 of the U.S. Constitution giving Congress the power to regulate interstate commerce, trade between states, and with foreign nations, often used to justify broad federal legislative power.
66
Supremacy Clause
Located in Article VI of the U.S. Constitution, it establishes that federal law is the supreme law of the land, overriding state laws when there is a conflict.
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