7th Grade Civics EOC Review

Plessy v. Ferguson

"Separate, but equal" was constitutional. Upholds state laws requiring segregation.

Fifth Amendment

1. Before being tried for a serious crime a grand jury must indict (formally accuse) the person of the crime. 2. Protects against being tried for the same criminal offense twice. 3. Protects against self-incrimination. 4. Cannot be deprived of rights without due process of the law. 5. Allows for eminent domain.

Civic Duty

A civic duty is something that each citizen owes their nation, whether it's serving on a jury, abiding the law, registering for selective service, or paying taxes.

Watchdog

A group of people who act as protectors of other citizens against illegal, inefficient and unethical practices in government. They closely monitor how things are done by politicians and draw attention to anything that is not done properly.

Independent Judiciary

A justice system that is not influenced by either the legislative or executive branch. Free to make decisions based upon law, not upon men or pressure from other groups. Created to guarantee equal justice to all.

Lobbyist

A person paid to represent an interest group's viewpoint.

"Pleading the Fifth"

A person's refusal to answer a question on the ground that the answer might incriminate the person. The right to this refusal is protected by the Fifth Amendment.

Precedent

A previous case or legal decision that may be or must be followed in future similar cases.

Summary Judgment

A procedural device used during civil cases to promptly dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment. The purpose of summary judgment is to avoid unnecessary trials.

Equal Rights Amendment

A proposed amendment to the United States Constitution designed to guarantee equal rights for women. Originally proposed in 1923. The amendment has been reintroduced in every session of Congress since 1982.

John Locke "Social Contract"

A social contract is the belief that the state only exists to serve the will of the people. He believed when government violates individual rights, people were obligated to rebel. Think - Declaration of Independence/American Revolution

Selective Service

A system for calling up people for compulsory (required) military service.

Bush v. Gore

After issues with voters' ballots in Florida, the FL Supreme Court issued a recount. The US Supreme Court ruled that this was unconstitutional, since in essence the FL Supreme Court was creating a new election law (something they cannot do). The recount was stopped and George Bush declared the winner in Florida, and the nation.

Juvenile Law

An area of the law that deals with the actions and well-being of persons who are not yet adults.

Bias

An attitude that always favors one way of feeling or acting over any other. Not always obvious.

Constitutional Government

Any government whose authority and construction are defined by a constitution.

Citizenship

As defined by the 14th Amendment: all who are born or naturalized in the United States are citizens of the United States and of the state they reside in.

Property Rights

Authority to determine how a resource is used, whether that resource is owned by government or by individuals.

24th Amendment

Bans the use of poll taxes as a requirement for voting in national elections. Supreme Court interpretation later expands this to cover state elections as well.

Constitutional Law

Based on the Constitution and on Supreme Court decisions interpreting the Constitution

Constitutional Requirements for the House of Representatives

Candidates must: • be at least 25 years old. • have been a citizen of the U.S. for at least 7 years. • be a legal resident of the state you represent.

Constitutional Requirements for the Senate

Candidates must: • be at least 30 years old. • have been a citizen of the U.S. for at least 9 years. • be a legal resident of the state you represent.

Constitutional Requirements for the President

Candidates must: • be at least 35 years old. • be a native born U.S. citizen. • be a resident of the United States for at least 14 years.

Heller v. D.C.

Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

Habeas Corpus

Court order that requires the government to bring a prisoner to court and explain why he or she is being held.

United States v. Nixon

Court ruling forced President Nixon to turn over secret tapes of White House conversations. Due process of law more important than "executive privilege" which is the right to withhold information from other government branches.

Tyranny

Cruel and oppressive government or rule.

Voting Rights Act of 1965

Designed to enforce the voting rights guaranteed by Fifteenth Amendment to the United States Constitution. Prohibits discrimination in voting. It is considered one of the most effective pieces of civil rights legislation ever enacted in the U.S.

Checks and Balances

Each governmental branch has powers to limit (check) the other branches. Keeps the balance of power relatively equal between the branches. Montesquieu (French philosopher) believed this was a way to ensure liberty.

Gideon v. Wainwright

Established free legal help for those who cannot otherwise afford representation in court.

English Bill of Rights (1689)

Established freedom from taxation without representation, outlawed cruel and unusual punishment, guaranteed the right to bear arms, and many other rights. Many of these same rights are included in the U.S. Constitution.

Hazelwood v. Kuhlmeier

Establishes that the 1st Amendment does not require schools to promote particular types of student speech (specifically about a school newspaper). The paper was sponsored by the school and the school was within its rights to prevent publication of articles it found inappropriate.

Marbury v. Madison

Establishes the Supreme Court's power of judicial review (deciding whether laws passed by Congress are constitutional).

Tinker v. Des Moines

Establishes the extent of public school students' constitutional rights while at school. Specifically about black armbands worn to school to protest the war in Vietnam.

Anti- Federalists

Feared a strong federal government as created by the Constitution. Did not believe it would protect states' rights nor people's freedom. As the Constitution is ratified, they push for a "Bill of Rights" to protect individual liberties.

Bill of Rights

First 10 amendments to the U.S. Constitution - details the specific freedoms that belong to each American citizen.

Mayflower Compact (1620)

First document to establish self-government in the colonies. Signed before the passengers left the ship, The Mayflower, to settle in Plymouth Colony.

Magna Carta (1215)

First document to limit the powers of the king - signed in 1215. Citizens could not be deprived of life, liberty or property without a lawful judgment of their peers or by law of the land. Represented by the fifth amendment.

Articles of Confederation

First form of government for America. Many Weaknesses: Only had a Congress where 9 out of the 13 states had to agree. No executive or judicial branch (power to enforce or interpret laws). States had the majority of the power. Country in debt - no way to raise money.

Self-Government

Government or control of a country by its own members rather than by members of a different country.

Eminent Domain

Government power to take private property for public use without the owner's consent. The Fifth Amendment requires the payment of just compensation to the owner.

Military Law

Governs the behavior of men and women in all branches of the U.S. armed forces.

14th Amendment

Granted full citizenship to African Americans. States, again, citizens cannot be deprived of rights without due process of the law. Guarantees equal protection under the law.

Criminal Law

Group of laws that define what acts/activities are crimes. Describes how a person accused of a crime should be tried in court and how crimes should be punished.

Civil Law

Group of laws that refer to disputes among people or organizations.

John Locke

He wrote that government is morally obligated to serve people, namely by protecting their natural rights of life, liberty, and property. Think-Declaration of Independence

Law of Blood

Idea that a person's nationality at birth is the same as that of his natural parents. For example, if a child's parents are American citizens travelling through France when they give birth to that child, the child is American.

Law of Soil

Idea that the country of citizenship of a child is determined by its country of birth. For example, in most cases if a child was born on U.S. land, but his parents are not U.S. citizens, the child is still a U.S. citizen.

Seventh Amendment

In cases involving money or property over $20, the right to a trial by jury is preserved.

Preamble to the Constitution

Introduction to the U.S. Constitution, establishing the goals and purposes of government. "We the People" = government depends on the people for its power and exists to serve them. Sets up the six goals of government.

In re Gault

Landmark U.S. Supreme Court decision that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults.

Ex Post Facto

Latin for "after the fact." Laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U.S. Constitution.

Statutory Law

Laws that are passed by a law-making body (such as Congress). Most criminal and many civil laws are also these types of laws.

Naturalization

Legal process through which immigrants become U.S. citizens. Must be at least 18 years old, have a background check showing "good moral character", be fingerprinted, and pass tests on civics, U.S. history, and English Must take Oath of Allegiance to the United States.

26th Amendment

Lowered the voting age in all elections to 18.

Juvenile Rights

Minors in juvenile court delinquency proceedings do not have the same constitutional rights as those given to adults in regular criminal court cases. In re Gault strengthened some of their rights; such as, the right to know

Rule of Law

No one is above the law. Foundation of liberty in the United States and it protects us from tyranny; Constitution = limited government.

Third Amendment

No soldiers will be quartered (housed) without the consent of the owners during times of peace. Also protects home-owners during times of war (unless required by law).

Assent

Official approval or agreement

Republican Party

One of the two major political parties in the United States. Considered to be more conservative, the party supports reducing the power of the federal government in providing social programs.

Democratic Party

One of the two major political parties in the United States. Considered to be more liberal, the party supports a stronger role for the federal government in providing social programs.

Special Interest Groups

Organizations of people with common interests who try to influence government policies and decisions.

13th Amendment

Outlaws slavery in all states and all lands governed by the United States.

Common Sense (Thomas Paine)

Pamphlet encouraging colonists to demand their rights as citizens and support independence for the colonies. Ideas are echoed in the Declaration of Independence.

Socialist Party

Political Party in the United States which supports socialism - working people own and control the means of production and distribution through democratically- controlled public agencies, cooperatives, or other collective groups.

Libertarian Party

Political party in the United States that believes each individual has the right to control his or her own body, action, speech, and property. Government's only role is to help individuals defend themselves from force and fraud.

Communist Party

Political party in the United States, which supports communism - the economic and political system in which the government owns the means of production and decides what will be produced.

States' Rights

Political powers reserved for the state governments and not the federal government.

Separation of Powers

Powers of government are divided among three branches of government: Legislative, Executive, and Judicial. Limits the power of government. Montesquieu (French philosopher) believed this was a way to ensure liberty.

Tenth Amendment

Powers that are not reserved to the federal government nor prohibited to the states belong to the states or the people. Limits the power of the federal government.

19th Amendment

Prohibits any United States citizen from being denied the right to vote on the basis of gender.

Civil Rights Act of 1964

Prohibits discrimination (on the basis of race, religion, gender, or national origin) in public accommodations, facilities, and schools. Prohibits discrimination in federally funded projects.

Eighth Amendment

Protects against excessive bail and fines. Protects against cruel and unusual punishments.

Fourth Amendment

Protects against unreasonable search and seizures without a warrant or probable cause.

First Amendment

Protects five freedoms: religion, speech, press, assembly, and petition.

Second Amendment

Protects the right to bear arms.

Shay's Rebellion (1787)

Protests by Massachusetts farmers over tax collections and judgments for debt. State militia crushed the rebels. Alarmed politicians - cited as a reason to revise or replace the Articles of Confederation.

Civil Disobedience

Refusal to obey governmental demands or commands especially as a nonviolent and usually collective (group) way of forcing the government to do or change something

Sixth Amendment

Right to a prompt and public trial decided by a jury. A person must be informed of the charges against them. Can hear and question all witnesses, and have their own witnesses. Right to legal counsel (attorney). (Supreme Court interpreted this to mean the government will provide one if you cannot afford it).

Miranda v. Arizona

Ruled that a person's Fifth Amendment rights begin at the time of arrest. The name "Miranda Rights" come from this case.

Lobbying

Seeking to influence a politician or public official on an issue.

Brown v. Board of Education

Segregation in the public schools is unconstitutional. Reverses the Court's earlier position on segregation set by Plessy v. Ferguson.

Civic Responsibility

Something that you should do as a citizen. This can include participating in the democratic process (voting), recycling, volunteering, or helping other citizens.

Declaration of Independence

Statement of American ideals -role of government is to protect their natural rights (life, liberty, pursuit of happiness) - adopted July 4, 1776. Also listed grievances against the king. Colonists were angry over being taxed without their consent (no taxation without representation).

15th Amendment

States that no one can be denied suffrage (right to vote) based on race or color.

Federalists

Supporters of the Constitution who believe a strong national government is needed to keep the country united. Published the Federalist Papers to gain support for the Constitution.

Tea Party

The Tea Party is a political movement that largely began in 2009 with protests that were sponsored both locally and nationally. In general the movement is considered conservative, favoring decreased taxes & decreased spending by the government. The focus is on fiscal conservatism. So far the Tea Party has endorsed Republican candidates.

Double Jeopardy

The act of putting a person through a second trial for an offense for which he or she has already been prosecuted or convicted. Prohibited by the Fifth Amendment.

Segregation

The enforced separation of different racial groups.

Economic Freedom

The freedoms to choose how to produce, sell, and use your own resources, while respecting others' rights to do the same.

Due Process

The government has to follow rules and established procedures in everything it does. This protection helps to ensure justice. Contained in the Fifth Amendment.

Internment

The imprisonment or confinement of people, commonly in large groups, without trial.

Political Action Committee

The part of a special interest group that collects voluntary contributions from members to fund political candidates and political parties that the interest group favors.

Appellate Process

The process to have a higher court review the result of a trial court or lower court. The Supreme Court is mainly an Appeals Court

Suffrage

The right of voting.

Ninth Amendment

There are rights reserved to the people that are not listed in the Constitution. Refers to the natural rights of people. Also called unenumerated rights - those not spelled out in the Constitution.

Civil Rights Act of 1968

This act provided for equal housing opportunities regardless of race, religion, gender, or national origin. Also known as the Fair Housing Act.

Common Law

Type of law that develops from judges previous decisions and is followed in situations not covered by statutory law. Sometimes, also called case law.

Two-Party System

U.S. only has two main political parties, but hundreds of smaller parties. Smaller parties, usually, do not have a significant impact on national politics, but have, at times, swayed the vote enough to help one of the major candidates to win.

Baron De Montesquieu

View "separation of power" Founding Fathers used his views when writing the Constitution. He described the separation of political power among a legislature, an executive, and a judiciary