Government Quarter 2

Why did some colonists support a boycott of English goods?

"No taxation without representation"

Define "probable cause" and explain the purpose of the exclusionary rule:

"Probable cause" is the reasonable suspicion of a crime. The exclusionary rule states that if evidence of a crime is obtained illegally (ex. without warrant) then it cannot be used against the suspect in trial. The purpose of this rule is to regulate the power given to the police, so they do not violate the 4th Amendment or abuse their power.

Why does aid to parochial schools often pose a constitutional problem?

"slippery slope"; Parochial schools are Church-based schools that are sometimes aided by the State, which does not separate Church and State

(a.) What is the exclusionary rule? (b.) What is its basic purpose?

(a.) Exclusionary rule is evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized. (b.) Its basic purpose that is evidence is obtained illegally by federal officers could not be used in the federal courts.

(a.) What is jurisdiction? (b.) Explain the difference between exclusive jurisdiction and concurrent jurisdiction.

(a.) Jurisdiction is the authority of a court to hear (to try and decide) a case. (b.) Exclusive jurisdiction is cases that can be heard only int he federal courts. Concurrent jurisdiction is where State and federal courts share the power to hear those cases.

(a.) Contrast original jurisdiction and appellate jurisdiction. (b.) What kind of jurisdiction does the Supreme Court have?

(a.) Original jurisdiction is the first hearing of a case held in court. Appellate jurisdiction is a court that hears a case on appeal from a lower court. (b.) Both original and appellate jurisdictions are exercised by the Supreme Court.

(a.) Define police power. (b.) How have State and federal courts usually ruled on cases involving the police power and drunk driving suspects?

(a.) Police power is the authority of each State to act to protect and promote the public health, safety, morals, and general welfare. (b.) The courts usually rule in favor of the police because their actions are in accordance with police power by protecting health and safety.

(a.) Define prior restraint. (b.) How has the Supreme Court usually dealt with prior restraint cases?

(a.) Prior restraint- government cannot curb ideas before they are expressed (b.)The Supreme Court holds up this law saying that you cannot convict someone of a crime before it happens

(a.) What is the right of privacy? (b.) The most controversial application of the right occurs in cases involving what?

(a.) The right of privacy is "the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one's privacy." (b.) The most controversial cases involve birth control and abortion (Roe v. Wade)

Identify at least three weaknesses of the government under the Articles of Confederation.

-One vote for each State, regardless of size -A 9/13 majority required to pass laws -Amendment only with consent of all States

List two examples of how checks and balances work in the Federal Government?

-Supreme Court can rule a law unconstitutional (checking the legislation) -President vetos legislation

Describe the four possible methods of formal amendment.

1. Amendment proposed by a ⅔ vote in both houses 2. Proposed by Congress and then ratified by conventions in ¾ of the States 3. Proposed by a national convention at the request of ⅔ State legislatures 4. Proposed by national convention and ratified by conventions in ¾ of the States

Why did the Framers settle on federalism as the system of government for the new nation?

1. that governmental power poses threat to individual liberty 2. the exercise of governmental power must be restrained 3. to divide governmental power, as federalism does, is to curb it and so prevent its abuse

By what means other than formal amendment has constitutional change occurred?

1. the passage os basic legislation by Congress 2. actions taken by the President 3. key decisions of the Supreme Court 4. the activities of political parties 5. custom

How many amendments were added to the Constitution in the twentieth century?

12

There are ____ Circuit Courts in the United States.

12

There are ____ members of the Supreme Court.

9

Explain the difference between a bicameral and a unicameral legislative body.

A bicameral legislature is a two house legislature where there is an upper house and a lower house. A unicameral body, one house legislature and the governor'e council was not one of the houses.

What is the purpose of a constitution?

A constitution is the body of fundamental laws setting out the principles, structures, and processes of a government.

What is the difference between a criminal case and a civil case?

A criminal case (in federal court) where the defendant is tried for committing some action that Congress has declared by law to be a federal crime. A civil case involves some noncriminal matter, such as a dispute over the terms of a contract or a claim of patent infringement.

What is the difference between government and a state?

A government is the institution through which a society makes and enforces its public policies. A state is a body of people, living in a defined territory, organized politically, and withe they power to make and enforce law without the consent of any higher authority.

What is an executive agreement?

A pact made by the President directly with the foreign head of a foreign state

Describe the roles of the plaintiff and the defendant.

A plaintiff is the prosecutor (files the suit) and the defendant is the person who the charge/ complaint is against.

Who holds power in an oligarchy?

A small, self-appointed elite rules an oligarchy.

The Circuit Courts have __________ jurisdiction.

Appellate

The right to assemble is extended by the right of

Association

The first ten amendments to the Constitution are the

Bill of Rights

Why do you think the Supreme Court justices often write concurring and/or dissenting opinions in a case?

By publishing all opinions in a case ensures that the issue can be completely understood by someone who reads the case in the future.

How does the right of association extend the right of assembly?

By saying you have the right to associate with others to promote political, economic, and other social causes

Courts can submit a _________ to the Supreme Court to have a matter of procedure clarified prior to making a ruling.

Certificate

What is the difference between civil rights and civil liberties?

Civil rights are positive acts of government and civil liberties are the protections against the government.

Why is compromise an important part of democracy?

Compromise is used in order to find the position most acceptable to the largest number, this is important in a democracy because not everyone will always agree on something so a compromise is made to make a majority happy

________ jurisdiction is when both State and Federal courts may hear a matter.

Concurrent

Who created the special courts?

Congress

Which of the following is NOT relevant to the Test whether an assembly is constitutional: Time, Place, Content, or Manner?

Content

Military courts are also considered __________.

Courts- Martial

What momentous decision did the Framers make at the beginning of the Philadelphia Convention?

Decided to write a new constitution

What was the outcome of the First Continental Congress?

Declaration of Independence

The 14th Amendment contains a/an ________ clause

Due Process

Explain what is meant by due process.

Due process means that the government must act fairly by following the laws of the Constitution. They cannot take away any rights without cause or notice.

Explain why "easy" cases generally do not reach to Supreme Court.

Easy cases are usually correctly resolved by lower courts. The Supreme Court declines to hear a case if they feel like there was no errors made by the lower courts or it is not a novel issue.

Government cannot make laws regarding religion because of the ______ clause

Establishment

Government was able to provide money to a Catholic school in the ______ case

Everson

In matters of patents, trademarks and copyrights, the Federal courts have _______ jurisdiction.

Exclusive

People are allowed to worship any religion because of the free _______ clause

Exercise

Explain each of the following: expressed powers, implied powers, and inherent powers.

Expressed powers- those delegated powers of the National Government that are spelled out in the Constitution Implied Powers-Delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution, "necessary and proper" to carry out they expressed powers Inherent Powers- Powers the Constitution is presumed to have delegated to the National Government because if is the government of a sovereign state within the world community

_________ Court is where defendants generally want to have a civil case heard.

Federal

How does federalism affect the guarantees of individual rights?

Federalism creates problems with guaranteeing freedoms by the Bill of Rights, saying that people can't be can't be charge with a capital crime except by a grand jury, but States can use another process if they want

Explain the Free Exercise Clause. Give one example of a Supreme Court ruling that limits free exercise of religion.

Free Exercise Clause is any arbitrary interference by government that guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion. The Supreme Court limited the free exercise of religion in Cantwell v. Connecticut in 1940, shut down a law that required a person to get a license before soliciting money for a religious cause.

Due Process

Government cannot take anything away fro you without notice

The Bill of Rights was merged with the 14th Amendment through the process of _______

Incorporation

The _________ were created to reduce the volume of the Supreme Court.

Inferior Courts

All plaintiffs, in order to have a case with a legitimate legal basis, must demonstrate ________.

Injury

In what ways did the Second Continental Congress serve as the first national government?

It fought a war, raised armies and a navy, borrowed funds, bought supplies, created a money system, made treaties with foreign powers

List three characteristics of the free enterprise system.

It is an economic system characterized by the private ownership of capital goods, investments made by private decision, not by government directive, and success or failure determined by competition in the marketplace. (American economic system also called capitalism)

What does the right to assemble peaceably mean? Give two examples of peaceful assembly for political purposes.

It is the right to gather without causing violence; workers on strike or political parties

Give an example of judicial power.

Judicial power is the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society; an example of judicial power is the Supreme Court saying a law's meaning (13th Amendment- discrimination)

__________ is the ability for the court to hear a case.

Jurisdiction

Courts apply the ______ test to determine breach of the establishment clause

Lemon

Compare libel with slander.

Libel is the false and malicious use of printed words, and Slander is the false and malicious use of spoken words

Civil ____ are protections against government

Liberties

The Court first asserted the power of judicial review in Marbury v. _______.

Madison

What were some of the fundamental rights and principles established in the Magna Carta, the Petition of Right, and the English Bill of Rights?

Magna Carta- trial by jury and due process of law Petition of Right- king not to impose martial law (rule by military) in time of peace, or require quartering of soldiers with our consent English Bill of Rights- prohibited standing army during peacetime, except with consent of Parliament, and required that all parliamentary elections be free, right to a fair trial, and freedom form excessive bail and cruel or unusual punishments

What is the significance of McCulloch v. Maryland in the development of the federal system?

McCulloch refused to pay a tax and was convicted, the Supreme Court reversed the decision, therefore showing showing their significant function in the federal system.

What is the difference between military tribunals and courts-martial?

Military tribunals are separate bodies set up to try "military combatants" (mostly suspected terrorists). Courts-martial serve the special disciplinary needs of the armed forces and are not a part of the federal courts system.

What was the result of the meetings at Mount Vernon and Annapolis in 1785 and 1786?

Mount Vernon-established a plan for regulating commerce Annapolis- made plan for the Constitutional Convention

Cases must be ________ to be heard by the Supreme Court.

Novel

"slippery slope"

One decision being a gateway to another decision. Wee see this in Everson v. Board of Education.

Explain the concepts of ordered government, limited government, and representative government.

Ordered government is orderly regulation of relationships with one another, created local governments and established offices (sheriff, coroner, etc). Limited government is the belief that the government is not all-powerful and therefor the government is restricted on what it may do, and each individual has certain rights that government cannot take away. Representative government is the idea that the government should serve the will of the people.

The District Courts have _________ jurisdiction.

Original

In what way is picketing symbolic speech?

Picketing is the patrolling of a business site by workers who are on strike, it is protected by the 1st Amendment

Explain the concept of popular sovereignty.

Popular sovereignty is where the government can exist only with the consent of the governed

Why are precedents important?

Precedent refers to judicial ruling previously made where all future rulings on the case are based off of.

With almost no exceptions Government cannot place any ______ on spoken or written words

Prior Restraint

Define probable cause.

Probable cause if a reasonable suspicion of crime.

How do procedural due process and substantive due process differ?

Procedural due process has to do with the "how" of governmental action (procedures and methods". Substantive due process has to do with the "what" of governmental action (substance and policies).

What is the process of incorporation? What guarantees in the Bill of Rights are not now covered by the 14th Amendment's Due Process Clause?

Process of incorporation is the merging most of the guarantees in the Bill of Rights into the Due Process Clause of the 14th Amendment. This is now covered by due process.

A plaintiff seeking ________ in Court. In other words, they are seeking satisfaction of their claim.

Redress

What does it mean to seek redress in a court?

Redress is satisfaction of a claim, payment

Civil _____ are positive acts of government

Right

_________ is the crime of attempting to overthrow the government

Sedition

Why does the government restrict seditious speech?

Seditious speech is the advocating, or urging of someone to commit sedition, which is the crime of attempting to overthrow the government by force or disrupt its lawful activities by violent acts.

What was agreed to under the Connecticut Compromise?

Senate would be given equal representation and House of Representatives would be based on population size

What is the role of government in a mixed economy?

Serves a two-fold purpose: to protect the public and to preserve private enterprise

_________ is the false and malicious use of spoken words

Slander

_________ means "a matter decided" and prohibits the Supreme Court from hearing a Court case that fails to present a novel issue.

Stare Decisis

What was the purpose of the Preamble to the Constitution?

States and introduces the purpose of the Constitution

When you apply to the ___________, to be heard you must be granted a writ of certiorari.

Supreme Court

Picketing is frequently considered _______ speech

Symbolic

What does the writ of habeas corpus seek to prevent?

The "writ of habeas corpus" seeks to prevent unjust arrests and imprisonments.

Why was the 2nd Amendment added to the Constitution?

The 2nd Amendment was added to the Constitution to protect the right for a State to keep a militia.

What guarantees does the 5th Amendment offer to the accused?

The 5th Amendment guarantees the accused no double jeopardy to ensure a fair trial.

What was was the Albany Plan of Union and how was it received by the colonies and by the Crown?

The Albany Plan of Union was a meeting between some of the norther colonies to discuss the problems of colonial trade and the danger of attacks by the french and their Native American allies (began by Ben Franklin) and created a representative from each colony. It was turned down by the colonies and by the Crown

What sources influenced the Framers in writing the Constitution?

The Articles of Confederation

What were the Articles of Confederation and what powers did they grant to Congress?

The Articles of Confederation established a "firm league of friendship" among the States. Congress was given power to: make war and peace, send and receive ambassadors, make treaties, borrow money, set up a money system, establish post offices, build a navy, raise an army by asking States for troops, fix uniform standards of weights and measures, and settle disputes among the States

What role does the Cabinet play in government?

The Cabinet is an advisory body to the President.

Explain the Establishment Clause. Give one example of an Establishment Clause issue that does not involve education.

The Establishment Clause prohibits an "establishment of religion" which makes the separation between Church and State. An establishment issue that does not involve education if the National Anthem ("one nation under God")

Identify the Framers of the Constitution and describe, in general, their backgrounds and experiences.

The Framers of the Constitution were delegates who attended the Philadelphia Convention, they were men of of wide knowledge and public experience, of wealth and prestige.

What is the Lemon Test?

The Lemon Test: the purpose of the aid must be clearly secular, not religious; its primary effect must neither advance or inhibit religion, and it must avoid an "excessive entanglement of government with religion." This test only applies to the Supreme Court cases involving State aid to Church affiliated school.

In what sense has the Supreme Court "breathed new life" into the 13th Amendment?

The Supreme Court has "breathed new life" into the 13th Amendment by adding discrimination and involuntary servitude to the Amendment.

Explain how the Supreme Court has "breathed new life" into the 13th Amendment.

The Supreme Court has "breathed new life" into the 13th Amendment by making the distinction that involuntary servitude is the same as slavery. They also gave Congress the ability to determine discrimination by denying hiring, selling to, or unequal treatment based on race.

What specific trait gives the United States a presidential system of government?

The US has separation of powers in the executive and legislative branches, which allows for a presidential government. (checks and balances)

Why did the delegates from the smaller States object to the Virginia Plan?

The Virginia Plan said that representation should be based upon population or amount of money it gives to the government

Why are the bills of attainder and ex post facto laws forbidden?

The bills of attainder and ex post facto laws are forbidden to protect the freedom of the individual and to protect the separation of powers.

What is the Bill of Rights, and how did it come to be added to the Constitution?

The first 10 Amendments in the Constitution; added as restrictions to the National Government

What is the role of the electoral college?

The group that makes the formal selection of the nation's President

How does the law of supply and demand help determine the price of an item?

The law of supply and demand is where decisions are made by the market when supplies of goods and services become plentiful, prices tend to drop. When supplies become scarcer, prices tend to rise.

Summarize the main purposes of the federal district courts and the federal courts of appeals.

The main purpose of the federal district courts is to hear federal trials. The purpose of the federal courts of appeal is to hear appeals from those trials.

How is power distributed in a federal government?

The powers are divided into two in a federal government, between a central government and many local governments. Division of powers is determined on geographical basis.

Explain the procedural problems associated with a plaintiff challenging a law prohibiting abortion, and explain how the problem was solved by the Supreme Court.

The procedural problems with challenging an abortion law is that the window of a trial is 9 months (when the plaintiff is injured). If tried before pregnant the case is too ripe and if trial occurs after hafting the trial it is moot. Supreme Court cases usually take months to years to go on trial. The Supreme Court fixed this problem by allowing Roe to have her trial after having her baby because it was a novel issue.

Do local governments have powers other than those granted to them by their State? Explain your answer.

The reserved powers are those powers that the Constitution does not grant to the National Government and does not deny to the States (drinking ages, marriage ages without parental consent)

Explain the right of privacy and describe the most controversial case regarding the right to privacy.

The right to privacy is the right to keep certain things private from the government. The most controversial case regarding Privacy is Roe v. Wade where Roe sued because she was denied to get an abortion. With this the government would regulate her ability to get an abortion, violating her right of privacy to have an abortion.

(a.) What does the writ of certiorari have in common with a certificate? (b.) How do they differ?

The writ of certiorari is an order by the Court directing a lower court to send up the record in a given case for its review. A certificate is when a lower court is uncertain about a the procedure or the rule of law on a case. In both a case can reach the Supreme Court.

What action did Congress take in the late 1800s to relieve the Supreme Court's overloaded docket?

They created the Courts of Appeals

Summarize briefly how the Supreme Court has limited the time, place, and manner of assembly.

Time- not disturbing anyone not involved like schools or homes with noise; Place- cannot be in public streets or outside courtrooms; Manner- cannot be violent

Why were the Inferior Courts created?

To hear a much narrower range of cases than those that may come before the constitutional courts

What defines a unitary government?

a centralized government where all powers belong to a central agency; local governments have only powers the central government gives them

Before the Articles of Confederation could go into effect, how many states were needed for ratification?

all of the States were needed to ratify the Articles of Confederation

Who holds the power in a dictatorship?

by a single person or a small group

Identify and describe the three types of government in the English colonies.

charter, royal, or proprietary

A _________ case is when there is a prosecution by the State.

criminal

What was the Federalist position of the adoption of the Constitution? Why did they feel that way?

favored ratification, saw weakness in the Articles of Confederation

In your own words, describe three freedoms protected by the Bill of Rights.

freedom of belief and expression, freedom and security of the person, and of fair and equal treatment before the law

What is the immediate effect if a law is declared unconstitutional?

it is thrown out

The United States is a _________ country, meaning people have a propensity to file law suits.

litigious

Who were the Anti-Federalists?

opposed the Constitution and favored the Articles of Confederation, thought it gave the government too much power

Explain federalism in your own words.

the division of power among a central government and several regional governments