chapter 3&4 study guide
establishment clause
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
symbolic speech
The court has ruled that symbolic speech is also protected under the First Amendment
article I, section 10: compact or agreements between or among states
-"No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State." -Compacts are a way for two or more states to reach a legally binding agreement about how to solve a problem that crosses state lines. -Examples can involve environmental concerns and transportation systems
due process clause
-14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law -applied to the bill of rights
full faith credit clause (article 4, section 1)
-It requires that states give "full faith and credit" to each other's "public acts, records, and judicial proceedings." -Put another way, states are normally expected to honor the public acts and judicial decisions that take place in another state. -However, if a practice in one state is against the "strong public policy" of another state, then the state that is against the practice is not obligated to recognize it.
jury of peers
-Racial peers: In 1954, the Supreme Court ruled that Hispanics were entitled to a jury trial that included Hispanic peers. -Gender (1954): the Court determined that the equal protection clause prohibits discrimination on the basis of gender.
new deal
-The Great Depression of the 1930s helped bring about increased federal action -State and local governments struggled to handle the needs of the jobless and the poor -In 1932, 25% of the workforce was unemployed -Upon taking office in 1933, president Franklin Roosevelt pledged he would head a more activist federal government to address these problems.
dual federalism (traditional system)
-a constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others -allowed slavery (and all associated regulations, commerce, criminal, and otherwise) to exist in some states but not others.
cooperative federalism
-a model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities. -existed since the New Deal era and is designed to encourage states and localities to pursue nationally defined goals
categorical grants (project grants)
-congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law -grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
article 1 section 8 (commerce clause)
-enumerates the powers of Congress -delegates to Congress the power to regulate commerce with foreign nations -several early Supreme Court rulings expanded federal power through its interpretation of this term
formula grants
-grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive -federal agencies give grants to the proposals they judge to be the best, giving the national government control over which state and local governments receive money, how much money they receive, and how the money is spent.
article 4 section 2: privileges and immunities
-guarantees that all citizens from outside a given state enjoy the "privileges and immunities" granted to all citizens of that state. -this has come to mean that a state cannot discriminate against someone from another state or give special privileges to its own residents.
local governments
-have no status in the U.S. Constitution. -are subject to control by the states
unitary system of government
-one dominated by the central or national government, in which lower levels of government have little independent power -lower levels of government implement decisions made by the central government.
Miranda vs. Arizona case (1966)
-right to remain silent -knowledge that what you say can be used against you -right to an attorney present during questioning -right to have an attorney provided if you cannot afford one
same-sex marriage (2015)
-the U.S. Supreme Court issued a historic ruling in Obergefell v. Hodges -the Court ruled that the Fourteenth Amendment guaranteed a fundamental right to same-sex marriage -this ruling immediately required all 50 states to offer marriage licenses to same-sex couples and to recognize same-sex marriages licensed out of state
grants in-aid programs
-the new national programs that President Roosevelt developed came about through this term -funds provided by the federal government to a state or local government on the condition that the funds be employed for purposes it has defined -the New Deal expanded __________ to include social programs, but after World War II they were further expanded to cover school lunches and highway construction
supremacy clause (Article VI of the Constitution)
-this means that if there is a conflict between federal and state law, federal law prevails -in addition to Article I, the powers granted to the national government in Article VI state that the laws of Congress shall be "the supreme Law of the Land."
Griswold v. Connecticut (1965)
-when the court extended this right to anyone accused of a felony, and subsequent rulings have extended it to crimes in which imprisonment could be imposed -a law prohibiting the use of birth control by married couples
d)equal protection clause
Because of the ____, lawyers cannot select jurors on the basis of gender. a)Fifth Amendment b)Civil Rights Act of 1964 c)role of political correctness d)equal protection clause
double jeopardy
Being tried twice for the same crime. This is prevented by the 5th Amendment
necessary and proper 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 express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
free exercise clause
Free to exercise, practice, and/or profess...but there are some limitations
the government temporarily suspended many civil liberties; limits on freedom of speech and constraints on media
How did the "Military Commissions Act" and the "USA Patriot Act" violate citizens' rights included in the First Amendment?
Dred Scott vs. Sanford (1857)
In which case is the right to bear arms listed as a basic right of citizenship?
Mapp v. Ohio (1961)
In which case was the exclusionary rule included?
hate speech
It is not protected when it is conducted to intimidate groups or to disrupt activities
bill of rights
The first ten amendments to the Constitution
10th amendment
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.
dred scott vs. sanford case (1857)
The right to bear and carry arms is a basic right of citizenship
the "lemon test"
This test is derived from the Lemon v. Kurtzman case of 1971. A law or government practice is allowed if it: -Has secular purpose -Does not advance or prohibit a religion -Does not entangle government with religion
alien and seduction acts
Were passed by the Federalist congress in 1798 and signed into law by the president adams . the laws included new powers to deport foreigners as well as making it harder for new immigrants to vote
d)Is it harmful to minors?
What standard is not considered when defining obscenity? a)Is it based on community norms? b)Is it sexually offensive? c)Does it have artistic or political value? d)Is it harmful to minors?
d)To preserve the right to revolt against the government
What was an original intent of the Second Amendment? a)To require colonists to keep and bear arms b)To disarm the state militias c)To regulate the sale of firearms d)To preserve the right to revolt against the government
a)Right to privacy
What was the decision in Griswold v. Connecticut based on? a)Right to privacy b)Right to information about family planning c)Right to abortion d)Right to sexual conduct
c)Law must not impose costs on religious organizations
Which of the following is not part of the Lemon test? a)Law must neither advance nor inhibit religion b)Law must not foster government entanglement with religion c)Law must not impose costs on religious organizations d)Law must have a secular legislative purpose
d)All of the above
Which rights have been affected by the USA PATRIOT Act and the Military Commissions Act? a)The right to trial by jury b)The protection from illegal search and seizure c)The right to obtain legal counsel d)All of the above
regulated federalism
a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards
federal system of government
a system in which power is shared among state and national authorities
federalism
a system of government in which power is divided between a central government and regional governments
concurrent powers under the constitution
authority possessed by both state and national governments, such as the power to levy taxes
furman vs ga (1972)
death penalty cruel and unusual punishment as unfairly applied to African Americans. But later, the Court ruled that it was not unconstitutional unless it could be proved that racial discrimination applied to the particular case
yes, the court upheld rulings
do businesses and schools have the constitutional right to apply drug tests to the employees and students? why yes or why not?
new federalism
efforts by presidents Richard Nixon and Ronald Reagan to devolve many policies back to the states
block grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent
implied powers
found at the end of Article 1, Section 8, which grants Congress the right "to make all Laws which shall be necessary and proper" to execute its expressed powers
home rule
given to larger cities; a guarantee of noninterference in various areas of local affairs
selective incorporation
is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
prior restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
police powers
power reserved to the state government to regulate the health, safety, and morals of its citizens
reserved powers (10th amendment)
powers that are not specifically delegated to the national government or denied to the states, are derived from the Tenth Amendment.
general revenue sharing
process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula
unfunded mandates program
rules forcing states to spend their own money to comply with federal law
enumerated/expressed powers
specific powers in the Constitution granted to Congress and the president. There are 17 _______________ powers, found in Article I, Section 8, and Article II of the Constitution
substantive due process
states had to prove that state laws were not a misuse of power in regulating the health, welfare, and morals of citizens
same-sex marriage (1996)
the Defense of Marriage Act declared that states would not have to recognize a same-sex marriage from another state.
Gibbons v. Ogden (1824)
the Supreme Court established the supremacy of the national government in all matters affecting interstate commerce
"Lemon v. Kurtzman" court decision
the Supreme Court of the United States found that the passing of any state laws that establish a religious body is a direct violation of the United States Constitution
McCulloch v. Maryland (1819)
the Supreme Court ruled that the U.S. Congress had, through its implied powers, the legal right to charter a national bank
same-sex marriage (2013)
the U.S. Supreme Court, in United States v. Windsor, struck down the part of the Defense of Marriage Act giving same-sex couples a guarantee to equal treatment under the law on issues relating to taxes, inheritance, and other federal laws
roe vs. wade
the court prohibited state bans on abortion, but some states made hard rules
civil rights
the government-protected rights of individuals against arbitrary of discriminatory treatment by government or individuals
civil liberties
the personal guarantees and freedoms that the government cannot abridge by law, constitutions, of judicial interpretation
preemption
the principle that allows the national government to override state and local actions in certain policy areas
exclusionary rule
this prevents the use of illegally obtained evidence (even in state courts)
fundamental freedoms
those essential to order, liberty and justice: freedom of press, freedom of speech, and freedom of assembly
Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government
what are 3 reasons why the Federalist believed that the bill of rights should not be included in the constitution?
Bill of Rights applies to actions of states, not just federal government
what did the 14th amendment require from the states?
a) The first 10 amendments to the Constitution
what does the bill of rights include? a)The first 10 amendments to the Constitution b)All of the amendments to the Constitution c)The first 14 amendments to the Constitution d)A list of basic freedoms outlined in the Preamble to the Constitution
the Bill of Rights made applicable to the states
what does the incorporation doctrine mean?
the role of the federal government increased with president FDR's New Deal (this is what FDR promised)
what happened to the role of the federal government under president FDR?
fundamental rights are protected under selective incorporation
what is the relationship between selective incorporation and fundamental rights?
they basically mean the same thing; the miranda rights are are under the fifth amendment which is about self-incrimination and double jeopardy
what is the relationship between the Fifth Amendment and Miranda Rights?
the 4th
which amendment protects citizens from "unreasonable" searches and seizures?
libel
written unprotected speech
