Section 1

Preview this deck

Article 1 Section 10

Front

Star 0%
Star 0%
Star 0%
Star 0%
Star 0%

0.0

0 reviews

5
0
4
0
3
0
2
0
1
0

Active users

0

All-time users

0

Favorites

0

Last updated

6 years ago

Date created

Mar 14, 2020

Cards (90)

Section 1

(50 cards)

Article 1 Section 10

Front

prohibits the states from several things. They cannot make their own money, or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax goods from other states, nor can they have navies.

Back

liberal

Front

open to new behavior or opinions and willing to discard traditional values. (left wing)

Back

McCulloch v. Maryland

Front

1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere

Back

Oligarchy

Front

A government ruled by a few powerful people

Back

G.K. Chesterton

Front

America is a country with a soul of a church

Back

Montesquieu

Front

(1689-1755) wrote 'Spirit of the Laws', said that no single set of political laws was applicable to all - depended on relationship and variables, supported division of government

Back

Article 4 of the Constitution

Front

Outlines the rights and expectations for all states and citizens including the adding of new states

Back

Reblublic

Front

a government in which citizens rule indirectly and make government decisions through their elected representatives

Back

demagogue

Front

(n.) a leader who exploits popular prejudices and false claims and promises in order to gain power

Back

Lemon v. Kurtzman

Front

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Back

freedom of association

Front

the right to join with others, share ideas, and work toward a common purpose

Back

Amendment 10 (Bill of Rights)

Front

States get certain powers and say for their state

Back

Stamp Act

Front

1765; law that taxed printed goods, including: playing cards, documents, newspapers, etc.

Back

conservative

Front

A person who believes government power, particularly in the economy, should be limited in order to maximize individual freedom. (right wing)

Back

Compromise at the Convention

Front

1- representation 2-Compromise on slavery (3/5 rep, no ban for 20 years) 3- compromise on president (single, electoral college)

Back

Greece vs Galloway

Front

(2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs were Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State. They argue that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013 the Supreme Court agreed to rule on the issue. On May 5, 2014, the U.S. Supreme Court ruled 5-4 in favor of the Town of Greece, and that the town's practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment.

Back

Decloratory Act

Front

act passed on same day as stamp act is repealed, asserts the right of parliament to make laws concerning the colonies

Back

Tea Act of 1773

Front

Law passed by parliament allowing the British East India Company to sell its low-cost tea directly to the colonies - undermining colonial tea merchants; led to the Boston Tea Party

Back

Townshend Acts

Front

laws passed in 1767 that taxed goods such as glass, paper, paint, lead, and tea

Back

Referendum

Front

an election in which citizens vote directly on an issue

Back

Article 1 Section 8

Front

lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

Back

Frech and Indian War

Front

1755-1763

Back

Everson v. Board of Education (1947)

Front

the Supreme Court upheld a local government program that provided free transportation to parochial school students

Back

Confederation

Front

A joining of several groups for a common purpose.

Back

Federalism

Front

power is divided between national and state governments.

Back

Bureaucratic Theory

Front

A theory that appointed civil servants make the key governing decisions. "day-to-day decisions"

Back

Social Movement Theory

Front

emphasizes the power citizens can wield when they organize and rise up in protest—regardless of who is in control of day-to-day politics.

Back

Autocracy

Front

a system of government by one person with absolute power.

Back

freedom of expression

Front

right of people to speak, publish, and assemble

Back

Elite Theory

Front

theory that upper class elites exercise great influence over public policy

Back

Free Exercise

Front

In Reynolds v. US (1879), the Supreme Court denied this right to Reynolds because his religion's practice of polygamy violated federal law. (belief/action, sherbert)

Back

Postive Liberty

Front

the ability- and provisions of basic needs- to purse one's goals

Back

Democracy

Front

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

Back

American Exceptionalism

Front

The idea that the American experience was different or unique from others, and therefore America had a unique or special role in the world, such as a "city upon a hill."

Back

New Jersey Plan

Front

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

Back

Establishment Clause

Front

Clause in the First Amendment that says the government may not establish an official religion. (lemon test, neutrality, prayer in school)

Back

What did Great Britain do to challenge the practice of home rule?

Front

Felt they needed to tighten hold on America. Put in place laws and acts that regulated trade and navigation.

Back

Colonial Home Rule

Front

proposed by Benjamin Franklin in the Albany Congress, autonomy to elect own rule/govern, colonists thought it didn't give much independence while British officials thought it gave too much

Back

Bicameral

Front

A legislature consisting of two parts, or houses

Back

Virginia Plan

Front

By Madison, Proposal to create a strong national government relative to state government.

Back

Mercantilism

Front

An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade.

Back

Anti-Federalists

Front

Opponents of the American Constitution at the time when the states were contemplating its adoption. (small republic)

Back

pluralist theory

Front

the theory that political power is distributed among a wide array of diverse and competing interest groups. Getting influence from group's organization, resources, and connections.

Back

Federalists

Front

Supporters of the U.S. Constitution at the time the states were contemplating its adoption. (large republic)

Back

How did the colonists react to Great Britain's tighter rein. (Acts)

Front

Ignored regulations, Boston tea party, First Congressional Congress (1774)

Back

Unitary

Front

A government that gives all key powers to the national or central government

Back

Unicameral

Front

One-house legislature

Back

Sugar Act of 1764

Front

An act that raised tax revenue in the colonies for the crown. It also increased the duty on foreign sugar imported from the West Indies.

Back

sunshine laws

Front

legislation opening the process of bureaucratic policymaking to the public

Back

Negative Liberty

Front

Freedom from constraints or the interference of others

Back

Section 2

(40 cards)

15th Amendment (1870)

Front

U.S. cannot prevent a person from voting because of race, color, or creed

Back

Sutton vs. United Airlines (1999)

Front

the Supreme Court ruled that two women who had sued the airline for not hiring them as pilots because they did not meet vision standards could not claim discrimination under the ADA because their correctable vision impairments did not constitute a disability

Back

Sherbert vs. Verner

Front

1963, any law stopping your free exercise of religious belief must be justified by a compelling governmental interest and be least restrictive means for achieving that law. Levels of scrutiny for religious freedom cases; ruled people who recognize Saturday as a day of religion cant be discriminated at work

Back

Social Contract theory

Front

concerns the legitimacy of the authority of the state over the individual. Social contract arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler (or to the decision of a majority) in exchange for protection of their remaining rights. John Locke's conception of the social contract differed from Hobbes' in several fundamental ways, retaining only the central notion that persons in a state of nature would willingly come together to form a state. Locke believed that individuals in a state of nature would be bound morally, by the Law of Nature, not to harm each other in their lives or possessions. Without government to defend them against those seeking to injure or enslave them, Locke further believed people would have no security in their rights and would live in fear. Individuals, to Locke, would only agree to form a state that would provide, in part, a "neutral judge", acting to protect the lives, liberty, and property of those who lived within it. Locke argued that a government's legitimacy comes from the citizens' delegation to the government of their absolute right of violence (reserving the inalienable right of self-defense or "self-preservation"), along with elements of other rights (e.g. property will be liable to taxation) as necessary to achieve the goal of security through granting the state a monopoly of violence, whereby the government, as an impartial judge, may use the collective force of the populace to administer and enforce the law, rather than each man acting as his own judge, jury, and executioner—the condition in the state of nature.

Back

13th Amendment (1865)

Front

Abolishes and prohibits slavery

Back

Gitlow v. New York (1925)

Front

Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14

Back

Miller vs. California (1973)

Front

1st amendment This ruling upheld the California obscenity law and tried to define what is obscene

Back

Colorado vs Masterpiece cake shop

Front

(2018), was a case in the Supreme Court of the United States that dealt with whether owners of public accommodations can refuse certain services based on the First Amendment claims of free speech and free exercise of religion, and therefore be given an exemption from laws ensuring non-discrimination in public accommodation — in particular, by refusing to provide creative services, such as making a wedding cake for the marriage of a same-sex couple, on the basis of the owner's religious beliefs.

Back

American federalism

Front

A power-sharing relationship between the national government and the states, where the division of power is embedded in the constitution.

Back

Texas vs. Johnson (1989)

Front

1st amendment Laws against burning the American flag are unconstitutional

Back

obscene

Front

offensive to accepted standards of decency or modesty

Back

Reconstruction

Front

the period after the Civil War in the United States when the southern states were reorganized and reintegrated into the Union

Back

Chaplinsky v. New Hampshire (1942)

Front

Certain "well‐defined and narrowly limited" categories of speech fall outside the bounds of constitutional protection. Thus, "the lewd and obscene, the profane, the libelous," and (in this case) insulting or "fighting" words neither contributed to the expression of ideas nor possessed any "social value" in the search for truth

Back

Civil Liberties

Front

Constitutional freedoms guaranteed to all citizens

Back

14th Amendment

Front

1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts

Back

Oregon vs. Smith (1990)

Front

Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws.

Back

1850 Compromise

Front

Admitted California as a free state if a stricter fugitive slave law was enacted

Back

Emancipation Proclamation

Front

Issued by abraham lincoln on september 22, 1862 it declared that all slaves in the confederate states would be free

Back

commercial speech

Front

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Back

direct incitement test

Front

Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

Back

Lemon Test

Front

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Back

bad tendency test

Front

Interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.

Back

libel/slander

Front

The publication of false or malicious statements that damage someone's reputation.

Back

clear and present danger test

Front

law should not punish speech unless there was a clear and present danger of producing harmful actions

Back

missoury compromise

Front

legislation that provided for the admission to the United States of Maine as a free state along with Missouri as a slave state, thus maintaining the balance of power between North and South in the United States Senate. As part of the compromise, slavery was prohibited north of the 36°30′ parallel, excluding Missouri. The 16th United States Congress passed the legislation on March 9, 1820, and President James Monroe signed it on May 6, 1820

Back

Sherbert Test

Front

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a "compelling governmental interest" at stake and it accomplishes its goal by the "least restrictive means" possible

Back

Dred Scott Decision

Front

A Missouri slave sued for his freedom, claiming that his four year stay in the northern portion of the Louisiana Territory made free land by the Missouri Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in federal court because he was property, not a citizen.

Back

Wisconsin vs. Yoder (1972)

Front

Parents can take students out of school for religious purposes and not be penalized.

Back

US vs. Schenck

Front

1919 During WWI Charles Schenck created a pamphlet opposing the military draft he was convicted under the Espionage Act Supreme Court determined that speech may be suppressed if it creates a clear and present danger

Back

First Amendment

Front

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Back

Federalist Papers

Front

a series of 85 essays written by Hamilton, Madison, and Jay (using the name "publius") published in NY newspapers and used to convice readers to adopt the new constitution

Back

civil rights

Front

the rights of citizens to political and social freedom and equality.

Back

Women's Movement

Front

movement beginning in the mid-1800s in the United States that sought greater rights and opportunities for women

Back

symbolic speech

Front

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Back

Brandenburg v. Ohio (1969)

Front

1st and 14th Amendments protected speech advocating violence at KKK rally unless it directed or produced "imminent lawless action" (Warren Court)

Back

Grandfather Clause

Front

A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.

Back

Jim Crow Laws

Front

Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights

Back

Abolitionism

Front

1830s through Civil War *Began with the idea of purchasing and transporting slaves to free African states, which had little success *Anti-slavery societies founded it, and some faced violent opposition *The movement split into two: 1) radical followers and 2) those who petitioned Congress *Entered politics through the Liberty Party, calling for non-expansion of slavery into new western territories *The Liberty Party would eventually combine with the larger Free Soil Party

Back

fighting words

Front

words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence

Back

Articles of Confederation

Front

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

Back