STUDY GUIDE REVIEW FOR AMERICAN

GOVERNMENT FINAL EXAM 2023

11th Amendment - Place limits on suit against states -- this is the only amendment that
sets a limit on the Judicial Branch

Category: $

First Amendment - Freedom of speech,

Freedom of religion,
Freedom of the press,
Freedom of assembly, and
Freedom to petition the government

Pericles - Democratic rights to citizens (males, 18 & older)

Everyone should have a voice in government

12th Amendment - Revises procedure for electing president and vice president

President and Vice-President run together on the same ticket

Category: Voting

State - A body of people, living in a defined territory, organized politically and with the
power to make and enforce law without the consent of any higher authority

Archbishop Stephen Langton - Kings should not have all power; Magna Carta took
some power from king and gave it to nobles; "Rule of Law" nobody is above the law -
law applies to all people equally

13th Amendment - Bans/abolishes slavery (unless convicted of a crime)

Category: Civil Rights Amendments

Second Amendment - In order to maintain a well-regulated militia, all people will be

allowed to keep ordinary weapons (guns are ordinary weapons, but nuclear bombs are
not)

John Somers - English Bill of Rights (personal freedoms--rights of the people)

Free speech, free elections

Baron de Montesquieu - 3 branches of government that are co-equal and separate

(legislative, executive, judicial)
14th Amendment - Defines rules for United States citizenship

Guarantees all citizens equal protection of the law (ex: Brown vs. Board of Ed.)

Category: Civil Rights Amendments

Nation - Group of people united by bonds of race, language, custom, tradition, and,
sometimes, religion

15th Amendment - Prohibits restrictions on the right to vote based on race and color --
Gave black MEN the right to vote

Category: Civil Rights Amendments and Voting

Magna Carta - Took some power from king of England & gave it to the nobles
(absolute monarchy → constitutional monarchy/aristocracy)

Third Amendment - No housing of soldiers except during time of National Emergencies

No quartering of soldiers during peacetime

English Petition of Rights - Spreads power further to the common man--

-Nobody is above the law
-No taxes could be levied without Parliament's consent
-No English subject could be imprisoned without cause - thus reinforcing the right of
habeas corpus
-No quartering of soldiers in citizens homes
-No martial law may be used in peacetime

16th Amendment - Gives Congress the power to levy FEDERAL income tax

Category: $

English Bill of Rights

Personal freedoms for all people - Personal freedoms for all people---No standing army
in peace-time
-Right to own a gun
-separation of powers, limits the powers of the king and queen, enhances the
democratic election and bolsters freedom of speech.

Nation-State - A sovereign state whose citizens are relativity homogenous in factors

such as language or desent
Fourth Amendment - No unreasonable searches or seizures without a warrant with
approval from a judge saying what is being searched and what is being searched for,
and the warrant must have a valid reason.

Treatises of Government
-John Locke - -Natural Rights that cannot be taken away =Life, Liberty, Property
-Social Contract
-If the government does not protect those rights, then the people have the duty to
overthrow that government

17th Amendment - Enables citizens to elect senators directly

Category: Voting

18th Amendment - Prohibits making, drinking, or selling alcoholic beverages

(prohibition)

Consensus - General agreement among various groups on fundamental matters; broad

agreement on public questions

19th Amendment - Gives women the right to vote

Category: Voting

Fifth Amendment - No trial without approval from Grand Jury,

No double jeopardy,

No self-incrimination - a person cannot be forced to testify for or against themselves,

No taking of life, liberty, or property without the due process of law, and

No eminent domain -- no government taking of private property, unless for public use
and given just compensation for the land.

20th Amendment - Changes the dates of congressional and presidential terms

21st Amendment - Repeals Prohibition (18)

Sixth Amendment - Speedy and public trial,

Impartial jury,

Representation by lawyer,
Keep the defendant informed of the information of the accusation, and if the defendant
asks the judge to force witnesses into court the judge can agree.

22nd Amendment - Limits presidents to have two terms in office

Government - The institution through which a society makes and enforces its public
policies

23rd Amendment - Gives residents of the District of Columbia the right to vote

Category: Voting

Seventh Amendment - Also have a right to a jury trial when it is a civil case, between
two people.

Unitary System - A government that gives all key powers

to the national or central government

24th Amendment - Abolishes poll taxes

Category: Voting and $

25th Amendment - Establishes procedure for succession to the presidency should the
POTUS become disabled

V.P. takes over for the POTUS with full power

POTUS can step down and take office back when he is ready and able (ex: surgical
procedure)

V.P. and cabinet may inform Congress that POTUS is unable to carry out duties of the
office of President -- then Congress can make V.P. acting President.

Eighth Amendment - No excessive fines and/or bail,

No cruel or unusual punishment.

26th Amendment - Reduces voting age to 18 (result of Vietnam war)

Category: Voting

Federal System - A government that divides the powers of government between the
national government and state or provincial governments

27th Amendment - Delays congressional pay raises until term following their passage
Category: $

Ninth Amendment - Powers Reserved to the People

All rights not listed in the Constitution still belong to the people (e.g. right to cook)

Tenth Amendment - Powers Reserved to the States

In the Constitution, all powers not listed for the federal government belong to the state
governments and the people.

Developing Nation - A nation only beginning to develop industrially

Civil Liberties - Freedoms to think and act without government interference or fear of
unfair legal treatment

Absolute Monarch - A monarch that has complete and

unlimited power to rule his or her people

Civil rights - A federal law that authorized federal action against segregation in public
accommodations, public facilities, and employment. The law was passed during a
period of great strength for the civil rights movement, and President Lyndon Johnson
persuaded many reluctant members of Congress to support the law.

Divine Right - belief that certain people are either descended from gods or chosen by
gods to rule

Constitutional Monarch - monarch that has shared governmental powers with elected
legislatures or serves mainly as a ceremonial leader of a government

Establishment clause - Clause in the First Amendment that states that Congress shall
make no law respecting an establishment of religion. The Supreme Court has
interpreted this to forbid governmental support to any or all religions.

Reserved Powers - Powers not specifically granted to the federal government or denied
to the states belong to the states and the people

Direct Democracy - A form of democracy in which the

people govern themselves by voting on issues

Free exercise clause - A provision of the First Amendment that guarantees each person
the right to believe what he or she wants. However, a religion cannot make an act legal
that would otherwise be illegal.

Representative Democracy - a form of democracy in

which the people elect representatives and give them the responsibility and power to
make laws and conduct government

libel - (n.) a written statement that unfairly or falsely harms the reputation of the person
about whom it is made; (v.) to write or publish such a statement

Republic - a government in which voters hold sovereign power; elected representatives,

responsible to the people, exercise that power

slander - Spoken defamation

Political Party - A group of individuals with broad common interests who organize to
nominate candidates for office, win elections, conduct government, and determine
public policy

Free Enterprise - the opportunity to control one's own

economic decisions

Economics - The study of human efforts to satisfy seemingly unlimited wants through
the use of limited resources

search warrant - A court order allowing law enforcement officers to search a suspect's
home or business and take specific items as evidence

Double jeopardy - legal concept wherein once a verdict is handed down, you cannot be
tried again for the same crime

Politics - The effort to control or influence the conduct and policies of government

Bail - A sum of money used as a security deposit to ensure that an accused person
returns for his or her trial

Constitution - A plan that provides the rules for government

Indictment - A formal charge by a grand jury

Constitutional Law - law that involves the interpretation and application of the U.S.
Constitution and state constitutions

Grand Jury - A jury of 12 to 23 persons who, in private, hear evidence presented by the
government to determine whether persons shall be required to stand trial. If the jury
believes there is sufficient evidence that a crime was committed, it issues an indictment.

Autocracy - A system of government in which the power

to rule is in the hands of a single individual
Bill of Attainder - A law that declares a person, without a trial, to be guilty of a crime

Oligarchy - A system of government in which a small group holds power

Democracy - Government in which the people rule

Probable cause - reasonable cause for issuing a search warrant or making an arrest;
more than mere suspicion

reasonable grounds (for making a search, pressing a charge, etc.).

Totalitarian Dictatorship - A form of autocratic government where the ideas of leaders

are glorified and the government seeks to control all aspects of social and economic life

Kelo vs. New London - 2004: New London, a city in Connecticut, used its eminent
domain authority to seize private property to sell to private developers. The city said
developing the land would create jobs and increase tax revenues. Kelo Susette and
others whose property was seized sued New London in state court. The property
owners argued the city violated the Fifth Amendment's takings clause, which
guaranteed the government will not take private property for public use without just
compensation. Specifically the property owners argued taking private property to sell to
private developers was not public use

Monarchy - Autocracy in which a king, queen, or emper- or exercises supreme powers

of government

Gideon vs. Wainwright - Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case
in United States Supreme Court history. In it, the Supreme Court unanimously ruled that
states are required under the Fourteenth Amendment to the U.S. Constitution to provide
counsel in criminal cases to represent defendants who are unable to afford to pay their
own attorneys. The case extended the identical requirement that had been imposed on
the federal government under the Fifth and Sixth Amendments.

Gideon was accused of robbing this pool hall & represented himself in court; wrote to
Supreme Court saying he didn't think it was fair to have to represent himself b/c he
couldn't afford an attorney; free legal council must be provided to anyone that can't
afford it

Capitalism - An economic system providing free choice and individual incentive for
workers, investors, con- sumers, and business enterprises

Miranda vs. Arizona - The Supreme Court case that ruled that police had acted
unconstitutionally and had violated a suspect's rights. This decision brought major
changes in law enforcement policies and procedures across the nation (have to be read
your rights)
Ernesto Miranda convicted of a crime without access to a lawyer. (violates 5th
amendment rights) Court overturns the guilty verdict.

The result of the "Miranda" case -- which sets up the policy that when an individual is
arrested, you have to be read your rights

Free Market - Economic system in which buyer sand sellers make free choices in the
marketplace

Laissez-Faire - The philosophy that government should keep its hands off the economy

Socialism - An economic system in which the government owns the basic means of
production, distributes the products and wages, and provides social services such as
health care and welfare

Communism - An economic system in which the central government directs all major
economic decisions

Command Economy - An economic system in which the government controls the

factors of production

The preamble to The Constitution - - The establishment of a more perfect union - The
establishment of justice - The insurance of domestic tranquility - The promotion of the
general welfare - The security of individual liberty

The Electorate - Crucial in determining the means with which individuals get involved. A
combination of how voters perceive a candidate position on issues, way they feel about
a party, the comfort level of the voter in relation to the candidate, and the party. The
media also plays an influence in how these ppl get involved, etc.

Federalist No. 44 - Essay by James Madison, the forty-fourth of The Federalist Papers.
... This essay addresses the Constitution's limitation of the power of individual states,
something strongly decried by the Anti-Federalists, who sought a higher degree of
sovereignty for the states.

Federalist Papers - A collection of 85 articles and essays written (under the pseudonym
Publius) by Alexander Hamilton, James Madison, and John Jay promoting the
ratification of the United States Constitution.
Modern-Day Tea Party - A party that consists of the founders, Republicans who served
in the House of Representatives, and a grassroots movement of people who believed in
less government, lower taxes, and lower government spending.

Linkage Institutions - How individuals can express preferences regarding the

development of public policy. EX: Political Parties, media, special interest groups 2010
midterm elections specifically with the tea party.

Supreme Court - This has a direct impact on public policy through its interpretations of
the constitutions and how it relates to specific issues brought before the court.

Representative Democracies - A type of democracy founded on the principle of elected

officials representing a group of people, as opposed to direct democracy.

Constitutional Republic - A state where the officials are elected as representatives of the
people and must govern according to existing constitutional law that limits the
government's power over citizens. EX: US government

Conservative - Believe in personal responsibility, limited government, free markets,

individual liberty, traditional American values, and a strong national defense. Believe the
role of government should be to provide people the freedom necessary to pursue their
own goals. Conservative policies generally emphasize the empowerment of the
individual to solve problems.

Elite and Class Theory - The theory posits that a small minority, consisting of members
of the economic elite and policy-planning networks, holds the most power and that this
power is independent of a state's democratic elections process.

Liberal - Freedom of the individual and governmental guarantees of individual rights and
liberties.

Pluralism - A theory of American politics that holds that society's interests are
substantially represented through power exercised by groups

Policy Agenda - A set of issues, problems, or subjects that gets the attention of/is
viewed as necessary by people involved in policy making.

Political Parties - An organized group of people with at least roughly similar political
aims and opinions, that seeks to influence public policy by getting its candidates elected
to public office.

Public Policy - A system of laws, regulatory measures, courses of action, and funding
priorities concerning a given topic promulgated by a governmental entity or its
representatives.
Strict Constructionists - Legal philosophy of judicial interpretation that limits or restricts
judicial interpretation.

Loose Constructionists - One is favoring liberal construction of the Constitution of the

U.S. to give broader powers to the federal government.

Articles of Confederation - The first constitution of the United States, on November 15,
1777. However, ratification of this document by all thirteen states did not occur until
March 1, 1781. - Its downfall is directly because it was not strong enough to enforce
their laws; therefore, it had no power. - 2 levels of government: a weak national
government with one-house congress and dominant state governments. - Congress
gave limited power to declare war, make peace, and sign treaties. - The national
government could borrow money, but it had no power to tax the individual states -
Created national army and navy - Gave no power draft soldiers - No chief executive or
national court system - Legislation had to be passed by 2/3rds majority

Shay's Rebellion - An uprising led by a former militia officer, Daniel Shays, which broke
out in western Massachusetts in 1786. Shays' followers protested the foreclosures of
farms for debt and briefly succeeded in shutting down the court system.

Federalist - A term used to describe proponents of the Constitution during the debate
over ratification.

Anti-Federalist - A term used to describe opponents of the Constitution during the

debate over ratification.

Two Treatises of Government - Defended the claim that men are by nature free and
equal against claims that God had made all people naturally subject to a monarch. -
Wrote by John Locke

Connecticut Compromise (Great Compromise) - The agreement at the constitutional

convention to create a two-chamber Congress with the House apportioned by
population and the senate apportioned equally by the state.

Virginia(large-state) Plan - Constitutional Convention, urged the delegates to create a

legislature based on the population of each state.

New Jersey(small-state) Plan - A constitutional proposal for a strengthened Congress

but one in which each state would have a single vote, thus granting a small state the
same legislative power as a large state. EX: Articles of Confederation

Sovereignty - The supreme (or ultimate) authority to govern within a particular

geographical area

Natural Rights (also known as inalienable rights) - Those rights that persons
theoretically possessed in the state of nature, prior to the formation of governments.
These rights, including those of life, liberty, and property, are considered inherent and,
as such, are inalienable. Since the government has the responsibility to preserve these
rights. EX: People's life, liberty, and property rights

Declaration of Independence - The formal statement written by Thomas Jefferson

declaring the freedom of the thirteen American colonies from Great Britain

Three-Fifths Compromise - A compromise worked out at the 1787 convention between

northern states and southern states. Each slave was to be counted as three-fifths of a
person for purposes of federal taxation and congressional apportionment (number of
seats in the House of Representative)

Unalienable Rights - Examples of these rights are life, liberty, and pursuit of happiness.

Constitutional Convention in 1789 - A convention in 1789 to ratify the articles of

confederation due to the states having no money.

Federalist Paper No. 10 - Led by Alexander Hamilton, John Jay, and James Madison
argued that a "tyranny of the majority" could threaten the economic fiber of the nation.

Ex post facto laws - A law that makes illegal an act that was legal when committed,
increases the penalties for an infraction after it has been committed, or changes the
rules of evidence to make conviction easier. THE CONSTITUTION PROHIBITS THE
MAKING OF THESE LAWS!!!

Habeas Corpus - Right that safeguards a person from illegal imprisonment refers to the
writ requiring that a person be brought before a court to determine whether he is being
detained legally.

Bills of Attainder Laws - Laws that dictated prison sentences for accused who were
NOT given a trial. These laws cannot be made!

Federalist No. 47 - A series of checks and balances are outlined, and a structure of
government that stressed a separation of powers became the fiber of the new
constitution.

The House of Representatives - The first body most directly responsible for the people.

The Senate - This part of congress, is makeup is based on equal representation and
joins in representation with the House with passing laws.

Article I - This article defines the legislative powers of congress, and rules of
impeachment are outlined.

Article II - This article determines the nature of the chief executive, giving responsibility
to a president and Vice President. It also outlines the electoral college system.
Article III - This article outlines the nature of the judicial branch and is the vaguest
regarding the qualifications of its members. The scope of the court system is defined
here.

Marbury v Madison(1803) - SCOTUS case that established judicial review.

Baker v Carr - SCOTUS case that established the "one man, one vote" principle. This
case also created guidelines for drawing up congressional districts and guaranteed a
more equitable system of representation to the citizens of each state.

Qualifications to Member of the House - - 2 yr terms - 25 years old - American citizen for
7 years - Inhabitant for 2 years in that state of representation

Qualifications to be a member of the Senate - - 6 yr terms - 30 yrs old - 9 yrs a citizen of

the united states - Resident of the state of representation

House Judiciary Committee - A standing committee of the United States House of

Representatives. It is charged with overseeing the administration of justice within the
federal courts, administrative agencies and Federal law enforcement entities.

Article 1, Section 8 - Outlines the standard powers of Congress. Enumerated or

Delegated Powers include: - Collect taxes, pay debts, and provide for the common
defense and general welfare. - Borrow money - Coin money - establish a post office

Thomas Hobbes - He believed that religion should be separate from politics. He

supported a strong government based on reason. He also tried to separate knowledge
from faith.He major belief was that all people are fearful and predatory (greedy). As a
result, they must submit to the absolute power of the state. By allowing the state to have
absolute power, the people would live by reason and gain lasting preservation.

Necessary and Proper Clause - A clause that states Congress has the power to "make
all laws necessary and proper for carrying the preceding powers." Also known as the
elastic clause.

Article II, Section I - This gives the source of the power of the president by "The
executive power shall be vested in a president of the United States of America."

Executive Actions - Policy directives that are ordered by the President without any
congressional authorization. These actions change existing federal policies that are
under the jurisdiction of the federal government.

Executive Orders - Order signed by the president that has the effect of law, even though
it's not passed by Congress. These are aimed at federal agencies.
Electoral College - Consists of presidential electors from each state. The number of
electors is based on the state's population. The states with the highest population have
the most electoral votes. When the voters cast a vote for president, in reality, the vote
goes to one of the presidential electors designated by the candidate in that state. The
number of electors for each state equals the number of senators and representatives
that state has in Congress. The candidate with a majority of the electoral votes is
elected to office. If no candidate receives a majority, the House of Representatives will
determine the outcome of the election

Brown v Board of Education(1954) - SCOTUS case that ruled state-sanctioned

segregation of public schools was a violation of the 14th amendment and was,
therefore, unconstitutional.

Supremacy Clause - Clause that states "the Constitution and the laws of the United
States shall be the supreme law of the land."

Article IV - "full faith and credit" is used to describe the mutual respect and legality of
laws, public records, and judicial decisions made by states. THIS ALSO ESTABLISHED
THE "REPUBLICAN" FORM OF GOVERNMENT!

McCullough v Maryland(1819) - SCOTUS case that ruled implied powers under the
Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the
Second Bank of the United States and that the state of Maryland lacked the power to
tax the Bank.

Texas v Johnson(1989) - SCOTUS case that ruled flag burning is a legal form of
political protest. Burning of the U.S. flag was a constitutionally protected form of speech
under the U.S. Constitution's First Amendment.

Federalism - The division of power between the federal government and state
governments.

Checks and Balances - A vital aspect of the Constitution of the United States protecting
the balance of power among the three branches of government. The concept was first
promoted by James Madison in the Federalist Papers.

Concurrent Power - Power shared by the state and federal government, such as the
power to tax

Full Faith and Credit - The phrase used to describe the mutual respect and legality of
laws, public records, and judicial decisions made by states

Implied Power - Those powers in the Constitution that are not listed or delegated
(elastic clause)
Inherent Powers - Assumed powers of the president not specifically listen in the
Constitution (derived from president's role as chief executive)

Judicial Review - The power of courts to decide whether a governmental institution has
acted within its constitutional powers and, if not, to declare its action null and void.
Example: Marbury v Madison(1803)

Privileges and Immunities - The guarantees that other states will respect the rights of a
citizen in one state

10th Amendment- Reserved Powers - The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.

Who argued for Separation of Powers - Originally developed by Montesquieu in The

Spirit of Natural Laws written during the Enlightenment and used by James Madison in
Federalist #48; resulted in the establishment of 3 branches

Block Grants - Federal grants-in-aid that permit state and local officials to decide how
the money will be spent within a general, area, such as education or health

Categorical Grants - Federal grants-in-aid to states and localities that can be used only
for designated projects

Commerce Clause - Article I Section 8 Clause 3 of the Constitution giving Congress the
authority to regulate interstate commerce and commerce with foreign countries

Cooperative Federalism - Developed during the New Deal; it's characterized by their
federal government's becoming more intrusive in what were traditionally state powers.

Devolution - Political theory of returning power to the states

Dual Federalism - The earliest type of relationship established between the federal
government and the states where the federal government's powers were defined as
delegated and the state government's powers were reserved

Layer Cake Federalism - Federalism characterized by a national government exercising

its power independently from state governments

Marble Cake Federalism - Also known as cooperative federalism, it developed during

the New Deal and is characterized by the federal government's becoming more intrusive
in what was traditionally states' powers.

New Federalism - Political philosophy of devolution, or the transfer of certain powers

from the United States federal government back to the states.
Unfunded Mandates - Those regulations passed by Congress or issued by regulatory
agencies to the states without federal funds to support them

Formula Grants - Grants associated with formulas developed by Congress. These

grants have an impact on families with dependent children and nutrition programs.

United States v Lopez(1995) - SCOTUS case that ruled that the Federal Gun Control
Act prohibits a gun 1,000 ft. Away from a school zone.

Americans with Disabilities Act - Act that required employers, schools, and public
buildings to reasonably accommodate the physical needs of disabled individuals by
providing such things as ramps and elevators with appropriate facilities

Bill of Rights - Adopted in 1791 by the states two years after the ratification of the
Constitution, it established the basis of civil liberties for Americans.

Clear and Present Danger Doctrine - Established in Schenk v. the United States(1919)
it gives the government the right to censor free speech if, during national emergencies
such as war, it can be proved that the result of the speech will significantly hurt national
security.

Cruel and Unusual Punishment - Doctrine found in the eighth amendment to the
Constitution that prohibits the federal government from imposing excessive penalties for
crimes committed.

Double Jeopardy - Legal concept wherein once a verdict is handed down, you cannot
be tried again for the same crime.

Establishment Clause - Component of the 1st amendment that defines the right of
citizens to practice their religions without governmental interference. It also places a
restriction on government creating a "wall of separation" between church and state.

Exclusionary Rule - Rule that resulted from Mapp v Ohio determining that policy may
obtain only that evidence that can be had through a legitimate search warrant. Other
evidence found at the scene of the crime is not admissible or is excluded, in the trial.

Fighting Words Doctrine - Established in Chaplinsky v New Hampshire the decision

incorporated into state law the concept that the government can limit free speech if it
can be proved that the result of speech will cause physical violence.

Free Exercise Clause - Phrase found in the 1st amendment that guarantees an
individual the right to pray and believe in the religion of his or her choice by making it
illegal for Congress to pass laws that restrict this right.

Incorporation of the 14th Amendment - The doctrine that made the Bill of Rights apply to
the states as a result of Supreme Court decisions
Libel - Written publications that intentionally print false information that defames the
character of an individual

Miranda Rights - Those rights directing police to inform the accused upon their arrest of
their constitutional rights to remain silent, that anything said could be used in court, that
they have the right to consult with a lawyer at any time during the process, that a lawyer
will be provided if the accused can't afford one, that the accused understands these
rights, and that the accused has the right to refuse to answer any question at any time
and request a lawyer at any point

Prior Restraint - The actions of a governmental body that result in the censorship of
written material.

Procedural Due Process - A series of steps that are established by the 5th, 6th, and 7th
that protect the rights of the accused at every step of the investigation

Selective Incorporation - A constitutional doctrine that ensures states cannot enact laws
that take away the constitutional rights of American citizens that are in the Bill of Rights.
EX: Gitlow v NY

Separation of Church and State - Is Also known as the "establishment clause," it is part
of the 1st amendment prohibiting the federal government from creating a state-
supported religion.

Slander - Speech that intentionally gives false information or defames the character of
an individual

Substantive Due Process - Legal process that places limits related to the content of
legislation and the extent the government can use its power to enact unreasonable laws

Symbolic Speech - Form of free speech interpreted by the Supreme Court as a

guarantee under the 1st amendment to the Constitution

Gibbons v Ogden(1824) - SCOTUS case that defined the power of various components
of government and that states had the power to declare state laws unconstitutional.

Engle v Vitale(1962) - The case that struck down a NY state nondenominational prayer
that started with words "Almighty God, we acknowledge our dependence upon thee..."

Speech - _____________ can be catigorized as symbolic and expressive

Schenck v United States(1919) - Justice Holmes ruled for the majority that Schenck did
not have the right to print, speak, and distribute material against United States' efforts in
WWI because of "clear and present danger" existed.
Tinker v Des Moines(1969) - The court case that established the students' rights is "not
shed at the schoolhouse gates" and defined the students wearing a black armband in
silent protest of the Vietnam war as "a legitimate form of symbolic speech." Rights were
later restricted in Hazelwood v Kuhlmeier(1988).

Hazelwood v Kuhlmeier(1988) - Court case that gave school administrators the right to
censor a school newspaper.

New York Times v United States(1971) - Known as the pentagon papers case,
SCOTUS ruled that the government did not have the right to prevent the NY times from
printing information about the history of the country's involvement in the Vietnam war.

Citizens United v Federal Election Commission(2010) - SCOTUS case that overturned

parts of McConnell v Federal Election Commission(2003), by ruling that corporate
funding of political ads did not explicitly endorse a candidate was constitutional under
First amendment's free speech clause and could not be limited.

McCutcheon v FEC(2014) - SCOTUS case that struck down the aggregate limits on the
amount an individual may contribute during two years to all federal candidates, parties,
and political action committees combined. By a vote of 5-4, the Court ruled that the
biennial aggregate limits are unconstitutional under the First Amendment.

Freedom of Assembly - "Congress shall make no law respecting... the right of the
people peaceably to assemble, and to petition the Government for a redress of
grievances.

2nd Amendment - The right to bear arms; This amendment has initially been the right
for each state to maintain an armed militia but has been interpreted as the right of
individuals to own weapons.

District of Colombia v Heller(2008) - Case that ruled Washington D.C's gun control law
was unconstitutional and that the 2nd Amendment protected an individual right to bear
arms.

How did Montesquieu believe the government should be divided? - Divided among 3
branches:-executive-legislative-judicial

Montesquieu, The Spirit of Laws - Believed that government should be separated into 3
equal branches, that government should be close to the people, and that government
was based on the will of the people

Rousseau social contract - Thesis: Agreement formed between government and society

Locke - Wrote Two Treatises of Government. Said human nature lived free and had the
natural rights of life, liberty, and property. He said the government was created in order
to protect these rights and if the government failed to do so it was the duty of the people
to rebel.

Tocqueville's Democracy in America - In Democracy in America, published in 1835,

Tocqueville wrote of the New World and its burgeoning democratic order. Observing
from the perspective of a detached social scientist, Tocqueville wrote of his travels
through America in the early 19th Century when the market revolution, Western
expansion, and Jacksonian democracy were radically transforming the fabric of
American life. He saw democracy as an equation that balanced liberty and equality,
concern for the individual as well as the community. Tocqueville's impressions of
American religion and its relationship to the broader national culture are likewise
notable.

Niccolo Machiavelli - The Prince "book" established his title "father of modern political
theory"Leaders should be feared but not hated Cruelty is sometimes necessary for the
good of people

John Locke - English philosopher who advocated the idea of a "social contract" in which
government powers are derived from the consent of the governed and in which the
government serves the people; also said people have natural rights to life, liberty and
property.

Magna Carta (1215) - An English document draw up by nobles under King John which
limited the power of the king. It has influenced later constitutional documents in Britain
and America.

English Bill of Rights - King William and Queen Mary accepted this document in 1689. It
guaranteed certain rights to English citizens and declared that elections for Parliament
would happen frequently. By accepting this document, they supported a limited
monarchy, a system in which they shared their power with Parliament and the people.

English Petition of Rights (1628) - Included no taxation without representation, no

imprisonment without a trial, no quartering of soldiers, and no martial law in times of
peace.

Code of Hammurabi - A collection of 282 laws. One of the first (but not THE first)
examples of written law in the ancient world. First "Case Law".

Ten Commandments - A set of laws for responsible behavior, and legal standards and
policies adopted in American Law and Government.

Bill becomes a law - If a bill has passed in both the U.S. House of Representatives and
the U.S. Senate and has been approved by the President, or if a presidential veto has
been overridden, the bill becomes a law and is enforced by the government.
Informal Amendment Process - Changing the meaning of the Constitution without
changing the actual words (which requires a formal amendment through Article V
process). Examples = Supreme Court opinions, laws, traditions.

Due Process amendments - - 4,5,6,7, 8-Protections for the accused before you can be
punished for a crime, no unlawful search or seizure, no self-incrimination, trial by jury,
right to a speedy trial, nor cruel or unusual punishment, no excessive bail or fines.

Due Process Clause - 14th amendment clause stating that no state may deprive a
person of life, liberty, or property without due process of law

regulated federalism - Congress imposes legislation on states and localities, requiring

them to meet national standards or requirements.

6 PRINCIPLES of Government in the Constitution - popular sovereignty, limited

government, separation of powers, checks and balances, judicial review, federalism

Full Faith and Credit Clause - Section of Article IV of the Constitution that ensures
judicial decrees and contracts made in one state will be binding and enforceable in any
other state.

Extradition - An accused person who flees to another state must be returned to the state
in which he/she allegedly committed the crime.

reserved powers - Powers not specifically granted to the federal government or denied
to the states belong to the states and the people

Shared Powers - powers granted to the national government by the Constitution, but not
denied to the states. One example is the right to lay and collect taxes.

delegated powers - Powers specifically given to the federal government by the US

Constitution, for example, the authority to print money.

inherent powers - Powers the Constitution is presumed to have delegated to the

National Government because it is the government of a sovereign state within the world
community

division of powers - the principle that sovereignty should be divided between the federal
government and the states especially as expressed by the Constitution of the U.S.

Separation of Powers - Constitutional division of powers among the legislative,

executive, and judicial branches, with the legislative branch making law, the executive
applying and enforcing the law, and the judiciary interpreting the law

Rousseau, Jean-Jacques - french philosopher; part of the enlightenment; first

suggested the idea of the social contract
Ratify - to approve, give formal approval to, confirm

Veto - Chief executive's power to reject a bill passed by a legislature

pocket veto - A veto taking place when Congress adjourns within 10 days of submitting
a bill to the president, who simply lets it die by neither signing nor vetoing it.

over ride - Ability of Congress to pass a bill after the President has vetoed it---but only if
they can pass it again with a 2/3 majority.

political party - a group of persons who seek to control government through the winning
of elections and the holding of public office

interest group - An organization of people sharing a common interest or goal that seeks
to influence the making of public policy

Precinct - A voting district

Gerrymandering - manipulate the boundaries of (an electoral constituency) so as to

favor one political party.

mandate - (n.) an authoritative command, formal order, authorization; (v.) to issue such
an order

coattail effect - The boost that candidates may get in an election because of the
popularity of candidates above them on the ballot, especially the president.

Confederation - an alliance of independent states who agree to do certain agreements

but with no Central Government power to enforce agreements.

Bakke v. Regents of the University of California - The Supreme Court upheld the
university's use of race in its admissions decisions
The Court also found that Bakke, a white, should have been admitted to the university's
medical school.
This holding banned the use of racial quotas but said race may be one of many factors
in a well devised diversity plan.

In loco parentis ("in the place of a parent") - A principle whereby a person (coach or
teacher), by undertaking the care and control of a minor child, takes on the parent's
rights, duties and responsibilities.

TLO v. New Jersey - Concluded school administrators could search a student without
their permission or a warrant. Administration only needs Reasonable Suspicion.
Tinker v. Des Moines School District - 1969 - The First Amendment, as applied through
the Fourteenth, did not permit a public school to punish a student for wearing a black
armband as an anti-war protest, absent any evidence that the rule was necessary to
avoid substantial interference with school discipline or the rights of others. Symbolic
speech is protected as free speech.

Plessy v. Ferguson - a 1896 Supreme Court decision which legalized state ordered
segregation so long as the facilities for blacks and whites were equal

Brown v. Board of Education - 1954 - The Supreme Court overruled Plessy v. Ferguson,
declared that racially segregated facilities are inherently unequal and ordered all public
schools desegregated.

Dred Scott v. Sanford - Supreme Court case that decided US Congress did not have the
power to prohibit slavery in federal territories and slaves, as private property, could not
be taken away without due process - basically slaves would remain slaves in non-slave
states and slaves could not sue because they were not citizens

Marbury v. Madison (1803, Marshall) - The court established its role as the arbiter of the
constitutionality of federal laws, the principle is known as judicial review

Miranda v. Arizona (1966) - The court ruled that those subjected to in-custody
interrogation be advised of their constitutional right to an attorney and their right to
remain silent.

Lobbyist - A person who is employed by and acts for an organized interest group or
corporation to try to influence policy decisions and positions in the executive and
legislative branches.

Lobbying - Engaging in activities aimed at influencing public officials, especially

legislators, and the policies they enact.

Drew Ferguson - Georgia 3rd District R

Education and the Workforce
the Budget
Transportation

Brian Kemp - Is the current Georgia Govenor

Josh Bonner - R - Fayetteville

District 72

Johnny Isakso - U.S. Senator-Georgia

Democratic Party

Jon Ossoff (D-GA) - U.S. Senator-Georgia

Democratic Party

Joe Biden - The forty-sixth President

Kamala Harris - Vice President of the United States

Nancy Pelosi - Became the first female Speaker of the House following the 2006
elections. Is the current Speaker of the House

consensus - general agreement among various groups on fundamental matters; broad

agreement on public questions

coalition - a union of many persons of diverse interests

incumbent - current officeholder seeking re election)

Role of the Electoral College - The method for choosing the president and vp; parties
choose their nominees for president in conventions in late summer; voters cast their
ballots for president every 4 years on the Tuesday after the first Monday in November;
American citizens are not directly voting for president and vp, but are voting for party's
electors-the state electors-in their state to cast a vote for a candidate; in December,
these electors cast the official vote for president and vp; electoral college includes 538
electors and to win, a candidate must earn 270 votes; winner-take-all system--candidate
which receives the largest popular vote in any state (ex Maine & Nebraska) wins all its
electoral votes even if the margin of victory is only a single popular vote. Ensures the
election process is equitable and increases the likelihood of a state vote majority
winner.

Presidential Requirements - -must be a natural-born citizen of the US-at least 35 years

old-resident of the US for at least 14 years before taking office

The Federal Court System - The US Supreme Court US Court of Appeals (12 courts,
Armed Forces court, Federal Circuit court, Veterans Appeals court)Military courts, US
Tax court, 94 District courts (including 1 in DC and 4 territorial courts), US court of
International Trade, US claims court

executive privilege - the constitutional principle that permits the president and high-level
executive branch officers to withhold information from Congress, the courts, and
ultimately the public

Roles of the President - -commander in chief of the armed forces-authority to appoint,

with the senate's consent, heads of executive departments, federal court judges, and
other top officials-conducting foreign policy-makes treaties with the advice and consent
of the Senate, meets with heads of state, hosts foreign officials, and appoints
ambassadors to other nations-ensure all laws of the US are faithfully executed-power to
pardon people who have been convicted of federal crimes, except in cases of
impeachment, or to reduce a person's jail sentence or fine-lawmaking power-delivery of
State of the Union message annually-propose policy changes

Presidential Succession - in the event of the removal, resignation, death, or inability of

both the President and Vice President, the Speaker of the House would be next in line,
followed by the president pro tempore of the Senate, next is the cabinet members
beginning with the Secretary of State

How a Bill Becomes a Law (Senate) - 1)Senator announces bill on the floor; bill given S
number 2)Referred to Senate Standing committee; referred to Senate subcommittee;
reported by standing committee 3)Bill is placed on committee calendar; bill sent to
subcommittees for hearings and revisions; standing committee may recommend
passage or kill the bill; committees hold markup sessions to make any revisions or
additions 4)Senate debates, votes on passage; bill passes, goes to House for approval;
OR a different version passes, goes to conference committee 5)Conference committee
works out difference and sends identical compromise bill to both chambers for final
approval 6)Senate votes on compromise bill 7)Approved bill sent to president
8)President signs bill or allows bill to become law without signing; OR president vetoes
bill*9)Congress can override veto by 2/3 majority in both chambers. If either fails to
override, the bill dies

How a Bill Becomes a Law (House) - 1)Rep. hands bill to clerk; bill given HR number
2)Referred to House Standing committee; referred to House subcommittee; reported by
standing committees; Rules committee sets rules for debate and amendments 3)Bill is
placed on committee calendar; bill sent to subcommittees for hearings and revisions;
standing committee may recommend passage or kill the bill; committees hold markup
sessions to make any revisions or additions 4)House Debates, votes on passage; bill
passes, goes to senate for approval; OR a different version passes, goes to conference
committee 5)Conference committee works out difference and sends identical
compromise bill to both chambers for final approval 6)House votes on compromise bill
7)Approved bill sent to president 8)President signs bill or allows bill to become law
without signing; OR president vetoes bill*9)Congress can override veto by 2/3 majority
in both chambers. If either fails to override, the bill dies

Pork Barrel - the use of government funds for projects designed to please voters or
legislators and win votes

Impeachment - The House is the chamber with the power over______________, the
formal accusation of misconduct whilst in office. If the majority of the house votes to
impeach an official, the Senate then conducts a trial. A 2/3 vote of the senators present
is required to convict and thus remove someone from office. if the president is
impeached, the chief justice presides

Joint Resolution - resolution passed in the same form by both houses-when signed by
the president, it has the force of a law-often used to correct an error in an earlier law or
to appropriate money for a specific purpose-used if Congress wants to propose a
constitutional amendment

Simple Resolution - covers matters affecting only one house of Congress and is passed
by that house alone-if a new rule or procedure is needed it is adopted in the form of a
resolution-internal matter that does not have the force of a law and is not sent to
president for signature

Earmarks - a way that members of Congress can specify that some part of a funding bill
will go toward a certain purpose-many appear only on the committee reports explaining
the measure

Rider - a provision on a subject other than the one covered in the bill-lawmakers attach
riders to bills that are likely to pass

Interstate Commerce - commercial trade, business, movement of goods or money, or

transportation from one state to another, regulated by the federal government according
to powers spelled out in Article I of the Constitution

Appropriation Bills - laws proposed to authorize spending money-not spelled out in the
Constitution but has developed through usage

Revenue Bills - Tax bills (must originate in the House) to raise money for the
government

implied powers - Powers inferred from the express powers that allow Congress to carry
out its functions.

Expressed Powers - Those delegated powers of the National Government that are
spelled out, expressly, in the Constitution; Article I, Section 8, Clauses 1-18--specifically
defined powers within the Constitution also called the "enumerated powers"

Sessions - A period of time during which a legislature meets to conduct business

Bicameral Legislature - legislature made up of two houses-the Senate and the House of
Representatives; (i.e. US Congress)

Original Jurisdiction - the court in which a case is originally tried is known as a trial
court-has original jurisdiction; in federal court system, the district courts as well as
several other lower courts have only original jurisdiction

Appellate Jurisdiction - when people lose a case in a trial court and wish to appeal the
decision, they may take the case to a court with appellate jurisdiction-courts of appeals

Judicial Circuits - US is divided into these 12 regions, with 1 appellate court in each
circuit
indictment - a formal charge or accusation of a serious crime by a Grand Jury

Petit Jury - consists of 6 or 12 people is a trial jury-weigh the evidence presented at a

trial in a criminal or civil case-renders a verdict of guilty or not guilty

Supreme Court Justices - the Supreme Court is comprised of 9 justices: the chief justice
of the US and 8 associate justices -hear and rule on cases-1) deciding which cases to
hear from among the 1000s appealed to the court each year, 2) deciding the case itself,
3) determining an explanation for the decision, called the court's opinion Chief Justice-
presides over sessions and conferences in which the justices discuss cases; assigns
the writing of the court's opinion to one of the justices who voted for the ruling; helps
administer the federal court system 1 supreme court justice is assigned to each federal
circuit

Amicus Curiae - "friend of the court"-briefs, they come from individuals, interest groups,
or government agencies claiming to have information they believed would be useful to
the Court's consideration of the case

Court Briefs - a written statement setting forth the legal arguments, relevant facts, and
precedents supporting one side of a case

Writ of Certiorari - an order from the Court to a lower court to send up the records on a
case for review

Majority Opinion - expresses the views of the majority of the justices on a case

Concurring Opinion - one or more justices who agree with the majority's conclusions
about a case, but do so for different reasons write a concurring opinion

Dissenting Opinion - A statement written by a justice who disagrees with the majority
opinion, presenting his or her opinion

Unanimous Opinion - all the justices vote the same way

Judicial Activism - the belief that the Court should actively help settle the difficult social
and political questions of the day

Judicial Restraint vs. Judicial Activism - A judicial philosophy in which judges play
minimal policymaking roles, leaving that duty strictly to the legislatures vs. a policy of
taking direct and militant action to achieve a political or social goal

Stare Decisis - A Latin phrase meaning "let the decision stand." Most cases reaching
appellate courts are settled on this principle.
Statutory Law - the body of all laws passed by the US congress, state legislatures, and
other governing bodies which is written by a legislative branch of government -most
cases involving such laws are to define what a statute means and whether it deprives a
person of a basic constitutional right

Common Law - aka case law-law made by judges as they resolve individual cases

Equity - (n.) the state or quality of being just, or impartial; equal treatment;

quorum - the minimum number of members needed for official legislative action (min
218 members in regular session)

president pro tempore - an elected leader of the majority party by the senate-usually the
party's longest serving member-presides in the absence of the VP

Filibuster - A procedural practice in the Senate whereby a senator refuses to relinquish

the floor and thereby delays proceedings and prevents a vote on a controversial issue.

cloture - limits the debate by allowing each senator only one hour for speaking on a bill-
but 60 senators must vote for it to occur

standing committees - permanent groups set up to oversee bills that deal with certain
kinds of issues-they stand, or continue from one congress to the next

conference committee - a temporary committee that is set up when the House and
senate have passed different versions of a bill-resolve the differences between the bills

Necessary and Proper Clause (Elastic Clause) - Clause of the Constitution (Article I,
Section 8, Clause 3) setting forth the implied powers of Congress. It states that
Congress, in addition to its Delegated Powers, has the right to make all laws necessary
and proper to carry out all powers the Constitution vests in the national government
under its Delegated Powers

entitlements - social programs that entitle individuals to a certain program or monetary

benefits-ie Social Security payments

pardon - release from legal punishment

reprieve - grants a postponement of legal punishment

symbolic speech - nonverbal communication, such as burning a flag or wearing an

armband. The Supreme Court has accorded some symbolic speech protection under
the first amendment.

Heller v. District of Columbia - The Second Amendment guarantees an individual's right

to possess a firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home. United States Court
of Appeals for the District of Columbia Circuit affirmed.

McDonald v. Chicago - The right of an individual to "keep and bear arms" protected by
the 2nd Amendment is incorporated by the due process clause of the 14th Amendment
and applies to the states.

Gibbons v. Ogden - Regulating interstate commerce is a power reserved to the federal

government

Gideon v. Wainwright (1963) - Ordered states to provide lawyers for those unable to
afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.

Kelo v. City of New London - Eminent domain case: Local governments may force the
sale of private property and make way for private economic development when officials
decide it would benefit the public.

freedom of assembly - the right to gather with other people in public. This right is
protected by the First Amendment to the US Constitution.

Freedom of Petition - the right to present requests to the government without

punishment.

Engel v. Vitale - The 1962 Supreme Court decision holding that state officials violated
the First Amendment when they wrote a prayer to be recited by New York's
schoolchildren.

separation of church and state - the situation in which the government may not favor
any religion over other religion or establish an official religion

Thomas Jefferson - Wrote the Declaration of Independence

John Adams - Father of Federalism

James Madison - "Father of the Constitution," Federalist leader, and fourth President of
the United States.

prior restraint - government censorship of information before it is published or broadcast

George Washington - 1st President of the United States; commander-in-chief of the

Continental Army during the American Revolution (1732-1799)

Cicero - Rome's greatest public speaker; he argued against dictators and called for a
representative government with limited powers
judicial activism - Philosophy proposing that judges should interpret the Constitution to
reflect current conditions and values.

judical restraint - a theory of judicial interpretation that encourages judges to limit the
exercise of their own power

originalist approach - approach to constitutional interpretation that envisions the

document as having a fixed meaning that might be determined by a strict reading of the
text or the Framer's intent. The Constitution should be applied today as intended when
ratified.