Unit 1
According to social contract theory, this term describes the hypothetical condition in which individuals exist before entering into a social contract
What is a State of Nature?
Article 6 Paragraph 2
What is the Supremacy Clause?
The court case in which an enslaved African American was taken to free territory, but the court determined that he was still not free.
Dred Scott v. Sandford
What is original jurisdiction?
Jurisdiction of a lower court to determine the facts of a case.
The 13th, 14th, and 15th amendments were known as this.
What are the Civil War Amendments?
A person who earns his or her citizenship
What is Naturalized Citizen?
"It is a melancholy reflection that liberty should be equally exposed to danger whether the government have too much or too little power ..."
Who is James Madison?
According to this constitutional principle, the ultimate authority and power of the government come from the people.
What is Popular Sovereignty?
The Great Compromise resolved the dispute over representation in Congress, this was the result that satisfied both sides of the argument.
What is proportional representation in the House of Representatives and Equal representation in the Senate?
This idea uses the due process clause of the 14th Amendment to decide whether various guarantees in the Bill of Rights limit the states as well as the national government.
Doctrine of Incorporation
A state, if its citizens choose, tries novel social and economic experiments without risk to the rest of the country.
What are laboratories of democracy?
States require that you live there for this amount of years before you can vote.
What is seven years?
Taking part in formal political processes and taking part in community activities outside of government
What is civic participation?
"Give Me Liberty or Give Me Death"
Who is Patrick Henry?
These were argued against by James Otis and were general search warrants used by the British Government
What are Writs of Assistance?
This person was selected to serve as the president of the Constitutional Convention in 1787?
Who is George Washington?
Certain types of laws are prohibited all together under this type of due process. The idea is that no law can take away fundamental rights.
Substantive due process
The role of the federal bureaucracy
What is to implement public policy?
This is the right to be treated fairly by the government when accused of a crime.
What is due process?
5 examples of a "government with a constitution" that don't qualify as "Constitutional Governments".
Answers vary.
"...it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles ...as to them shall seem most likely to effect their Safety and Happiness."
Who is Thomas Jefferson?
Sometimes called Judge-Made Law it is a system that gives predictability and stability to the law as precedents are used to guide future rulings to apply consistency in rulings all across the nation.
What is Common Law?
Powers that are written in the constitution.
What are explicit/enumerated powers?
This 1925 court case incorporated freedom of speech and freedom of press from Amendment 1.
Gitlow v. New York
President's roles in foreign policy listed in Article II
What are Commanding the armed forces, making treaties, appointing ambassadors and consuls, and receiving ambassadors and other public ministers?
In this famous case, students wore black armbands with peace signs on them protesting American involvement in the Vietnam War.
What is Tinker v. Des Moines School District?
When the supreme court rules on a controversial issue but may overreach in their ruling maybe even considered "Legislating from the bench".
What is "Judicial Activism?"
"In the following pages I offer nothing more than simple facts, plain arguments, and common sense . . ."
Who is Thomas Paine?
This document is often called America's First Bill of Rights
What is the Massachusetts Body of Liberties?
Congress controls the purse and holds investigatory committee hearings.
What is congressional oversight?
This level of scrutiny assumes that the government is wrong when classifying based on race, national origin, religion or status as a legal alien.
Strict Scrutiny
Name 3 specific ways federalism has changed since 1787
The national government has greatly expanded, 17th Amendment, expansion individual district sizes, and categorical grants
This case concerns the treatment of a juvenile accused of a crime.
What is In re Gault?
The 2 main ways to propose a constitutional amendment.
What is:
"A Republic, if you can keep it."
Who is Benjamin Franklin?