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Govt 2305 - Exam 1 (Ch. 2,3,4,5) Questions With Correct Solutions

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Govt 2305 - Exam 1 (Ch. 2,3,4,5) Questions With Correct Solutions Govt 2305 - Exam 1 (Ch. 2,3,4,5) Articles of Confederation - ANS America's first written constitution; served as the basis for America's national government until 1789 Confederation - ANS a system of government in which states retain sovereign authority except for the powers expressly delegated to the national government Virginia Plan - ANS a framework for the Constitution, introduced by Edmund Randolph, that called for representation in the national legislature based on the population of each state New Jersey Plan - ANS a framework for the Constitution, introduced by William Paterson, that called for equal state representation in the national legislature regardless of population Great Compromise - ANS the agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population Three-Fifths Compromise - ANS the agreement reached at the Constitutional Convention of 1787 that stipulated that for purposes of the apportionment of congressional seats, every slave would be counted as three-fifths of a person Checks and Balances - ANS mechanisms through which each branch of government is able to participate in and influence the activities of the other branches; major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments Electoral College - ANS the electors from each state who meet after the popular election to cast ballots for president and vice president Bill of Rights - ANS the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people Separation of Powers - ANS the division of governmental power among several institutions that must cooperate in decision making Federalism - ANS a system of government in which power is divided, by a constitution, between a central government and regional governments Expressed Powers - ANS specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II) Elastic Clause - ANS Article I, Section 8, of the Constitution (also known as the necessary and proper clause), which enumerates the powers of Congress and provides Congress with the authority to make all laws 'necessary and proper' to carry them out Bicameral - ANS having a legislative assembly composed of two chambers or houses; distinguished from unicameral Judicial Review - ANS the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803) Supremacy Clause - ANS Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision Federalists - ANS those who favored a strong national government and supported the Constitution proposed at the American Constitutional Convention of 1787 Anti Federalists - ANS those who favored strong state governments and a weak national government, and who were opponents of the Constitution proposed at the American Constitutional Convention of 1787 Federalist Papers - ANS a series of essays written by Alexander Hamilton, James Madison, and John Jay supporting ratification of the Constitution Tyranny - ANS oppressive government that employs cruel and unjust use of power and authority Amendment - ANS a change added to a bill, law, or constitution Unitary Systems - ANS a centralized government system in which lower levels of government have little power independent of the national government Implied Powers - ANS powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed, but are implied through the expansive interpretation of delegated powers Necessary and Proper Clause - ANS Article I, Section 8, of the Constitution, which provides Congress with the authority to make all laws 'necessary and proper' to carry out its expressed powers Reserved Powers - ANS powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states Police Power - ANS power reserved to the state government to regulate the health, safety, and morals of its citizens Concurrent Powers - ANS authority possessed by both state and national governments, such as the power to levy taxes Full Faith and Credit Clause - ANS provision from Article IV, Section 1 of the Constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state Privileges and Immunities Clause - ANS provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges Home Rule - ANS power delegated by the state to a local unit of government to manage its own affairs Dual Federalism - ANS the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments Commerce Clause - ANS Article I, Section 8, of the Constitution, which delegates to Congress the power 'to regulate commerce with foreign nations, and among the several States and with the Indian tribes'; this clause was interpreted by the Supreme Court in favor of national power over the economy State's Rights - ANS the principle that the states should oppose the increasing authority of the national government; this principle was most popular in the period before the Civil War Grants In-aid - ANS programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government Categorical Grants - ANS congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law Project Grants - ANS grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis Formula Grants - ANS grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive Cooperative Federalism - ANS a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals; also known as 'intergovernmental cooperation Regulated Federalism - ANS a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards Preemption - ANS the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack Unfunded Mandates - ANS regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government Devolution - ANS a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments Block Grants - ANS federal grants-in-aid that allow states considerable discretion in how the funds are spent New Federalism - ANS attempts by presidents Nixon and Reagan to return power to the states through block grants General Revenue Sharing - ANS the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments Redistributive Programs - ANS economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor Habeas Corpus - ANS a court order demanding that an individual in custody be brought into court and shown the cause for detention Bill of Attainder - ANS a law that declares a person guilty of a crime without a trial Ex Post Facto Laws - ANS laws that declare an action to be illegal after it has been committed Bill of Rights - ANS the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people Civil Liberties - ANS areas of personal freedom constitutionally protected from government interference Selective Incorporation - ANS the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments Establishment Clause - ANS the First Amendment clause that says that 'Congress shall make no law respecting an establishment of religion.' This law means that a 'wall of separation' exists between church and state Lemon Test - ANS a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to 'excessive entanglement' with religion Free exercise clause - ANS the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses Clear and Present Danger Test - ANS test to determine whether speech is protected or unprotected, based on its capacity to present a 'clear and present danger' to society Fighting Words - ANS speech that directly incites damaging conduct Speech Plus - ANS speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order Prior Restraint - ANS an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances Libel - ANS a written statement made in 'reckless disregard of the truth' that is considered damaging to a victim because it is 'malicious, scandalous, and defamatory' Slander - ANS an oral statement made in 'reckless disregard of the truth' that is considered damaging to the victim because it is 'malicious, scandalous, and defamatory' Due Process of the Law - ANS the right of every individual against arbitrary action by national or state governments Exclusionary Rule - ANS the ability of courts to exclude evidence obtained in violation of the Fourth Amendment Grand Jury - ANS jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence Double Jeopardy - ANS the Fifth Amendment right providing that a person cannot be tried twice for the same crime Miranda Rule - ANS the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel Eminent Domain - ANS the right of government to take private property for public use Right to privacy - ANS the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions Discrimination - ANS the use of any unreasonable and unjust criterion of exclusion Civil Rights - ANS obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens Equal Protection Law - ANS provision of the Fourteenth Amendment guaranteeing citizens 'the equal protection of the laws.' This clause has been the basis for the civil rights of African Americans, women, and other groups Thirteenth Amendment - ANS one of three Civil War amendments; it abolished slavery Fourteenth Amendment - ANS one of three Civil War amendments; it guaranteed equal protection and due process Fifteenth Amendment - ANS one of three Civil War amendments; it guaranteed voting rights for African American men Jim Crow Laws - ANS laws enacted by southern states following Reconstruction that discriminated against African Americans Separate but Equal Rules - ANS doctrine that public accommodations could be segregated by race but still be considered equal Brown vs Board of Education - ANS the 1954 Supreme Court decision that struck down the 'separate but equal' doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions Strict Scrutiny - ANS a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional De Jure - ANS literally, 'by law'; refers to legally enforced practices, such as school segregation in the South before the 1960s De Facto - ANS literally, 'by fact'; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today Gerrymandering - ANS the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party Redlining - ANS a practice in which banks refuse to make loans to people living in certain geographic locations Intermediate Scrutiny - ANS a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional Affirmative Action - ANS government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities

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