Exam 2- Government Textbook Notes (mainly just definitions)
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Obergefell v. Hodges
This combined four lawsuits by same sex couples challenging their home states' refusals to grant same sex marriage licenses or recognize same sex marriages performed out of state. the court's decision meant that all states must now offer marriage licenses to two people of the same sex.
clear and present danger test
test used to determine whether speech is protected or unprotected, based on its capacity to present a clear and present danger to society
double jeopardy
the 5th amendment right providing that a person cannot be tried twice for the same crime
exclusionary rule
the ability of courts to exclude evidence obtained in violation of the Fourth Amendment
Printz v. United States
the decision of this case declared unconstitutional a provision of the Brady Handgun Violence Prevention Act that required state and local officials to conduct background checks on handguns purchasers
Bill of Rights
the first 10 amendments to the US constitution, ratified in 1971; then ensure certain rights and liberties to the people
free exercise clause
the first amendment clause that protects a citizen's right to believe and practice whatever religion they choose
establishment clause
the first amendment clause that says "congress shall make no law respecting an establishment of religion; this constitutional provision means that a wall of separation exists between church and state
federalism
the most fundamental impact of _______ on the way the US is governed comes from not any particular provision of the constitution but from the framework itself
coercion
the most fundamental power exercised by the states is what?
traditional system
the national government is quite small and very narrowly specialized in the functions it performs
early voting
the option in some states to cast a vote at a polling place or by mail before the election
permanent absentee ballots
the option in some states to register on the day of the election, at the polling place, rather than in advance of the election
same day registration
the option in some states to register on the day of the election, at the polling place, rather than in advance of the election
turnout
the percentage of eligible individuals who actually vote
Habeas corpus
a court order that the individual in custody be brought into court and shown the cause for detention
gender gap
a distinctive pattern of voting behavior reflecting the differences in views between women and men
regulated federalism
a form of federalism in which congress imposes legislation on states and localities, requiring them to meet national standards
antifederalists
a group that feared a strong central government would encroach on individual liberty and repeatedly pressed for the "reserved powers amendment"
unfunded mandate
a law or regulation requiring a state or local government to perform certain actions without providing funding for fulfilling the requirement
preemption
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
states' rights
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
devolution
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 government
Selective incorporation
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
mobilization
the process by which large numbers of people are organized for a political activity
General Revenue Sharing
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
Diffusion
the process by which policy decisions in one political jurisdiction are influenced by choices made in another jurisdiction
intergovernmental relations
the processes by which the three levels of american government negotiate and compromise over policy responsibility
mirando rule
the requirement, articulate by the supreme court in miranda v. arizona, that persons under arrents must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
due process of law
the right of every individual against arbitrary action by national or state governments
eminent domain
the right of government to take private property for public use
Right to privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions
suffrage
the right to vote
Dual federalism
the system of government that prevailed in the US from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments
McCulloch v. Maryland (1819)
this case involved the question of whether Congress could charter a national bank.
habeas corpus
this is guaranteed by the constitution and can be suspended only in cases of rebellion or invasion
state and federal
two authorities the original constitution recognized
lemon test
a rule articulate 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
federalism
a system of government in which power is divided between a central and regional government
cooperative federalism
a type of federalism existing since the New Deal era in which grants in aid have been strategically to encourage states and localities to pursue nationally defined goals
cooperative federalism
a type of federalism existing since the New Deal era in which grants in aid have been used strategically to encourage states and localities to pursue nationally defined goals
insurrection
a violent attack on government; the act of revolting against civic authority or an established government
libel
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
an oral statement made in "reckless disregard of the truth" that is considered damaging to the victim because it is "malicious, scandalous, defamatory"
Civil liberties
areas of personal freedom constitutionally protected from government interference
new federalism
attempts by president Nixon and Reagan to return power to the states through block grants
concurrent powers
authority possessed by both state and national governments, such as the power to levy taxes
article 1, section 8
Where are expressed powers in the constitution?
Obama
Which president got rid of the NCLB act in 2015?
reagan
Which president looked to block grants to reduce the national government's control and return power to the states?
unitary
Which system does federalism stand in contrast with?
categorical grants
congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law
categorical grants
congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by laws
Defense of Marriage Act
declared that states were not required to recognize a same-sex marriage from another state and that the federal government did not recognize same sex marriage even if it was legal under state law
redistributive programs
economic policies designed to transfer income through taxing and spending, with the goal of benefiting people in poverty
block grants
federal grants in aid that allow states considerable discretion in how the funds are spent
minneapolis
highest turnout in most recent municipal election?
grand jury
jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence
boston and NYC
lowest turnout in most recent municipal election?
full faith and credit clause
means that each state is normally expected to honor the "Public Acts, Records, and Judicial Proceedings" that take place in any other state
Dobbs v. Jackson
overturned roe v wade
Protest
participation that involves assembling crowds to confront a government or other official organization
home rule
power delegated by the state to a local unit of government to manage its own affairs
police power
power reserved to the state government to regulate the health, safety, and morals of its citizens
expressed powers
powers directly stated in the constitution that includes the power to collect taxes, coin money, declare war, and regulate commerce
reserved powers
powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states
grants in aid
programs which Congress provides money to state and local government on the condition that the funds be employed for purposes defined by the federal government
Full Faith and Credit Clause
provision from Article IV, Section 1, of the Constitution requiring that the states normally honor the public's act and judicial decisions that take place in another state
expressed powers
specific powers granted by the constitution to congress and then to the president
speech plus
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
fighting words
speech that directly incites damaging conduct
federal
states share power with what government?
socioeconomic status
status in society based on level of education, income, and occupational prestige
prior restraint
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the US, the courts forbid prior restraint except under the most extraordinary circumstances
Loving v. Virginia
1867 court case that declared all laws against interracial marriage unconstitutional
No Child Left Behind Act
A U.S. law enacted in 2001 that was intended to increase accountability in education by requiring states to qualify for federal educational funding by administering standardized tests to measure school achievement.
Lemon v. Kurtzman (1971)
Allowed states to provide textbooks and busing to students attending private religious schools. Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.
necessary and proper clause
Article 1, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers
commerce clause
Article 1, 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
fugitive slave clause
Article IV, Section 2, Clause 3 of the Constitution, which stated that slaves who escaped must be returned to their owners. It was later abolished in the Thirteenth Amendment
Comity Clause
Article IV, Section 2, of the Constitution, which prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner
United States v. Lopez
Congress had exceeded authority under the commerce clause and struck down a federal law that banned handguns near schoolzones
New Deal
FDR proposed a variety of temporary relief and work programs, most of them to be financed by the federal government but administered by the states
17
How many expressed powers are there?
12
How many new block grants enact between 1981 and 1990 cut federal spending in those areas by 12 percent?
McDonald v. Chicago
Incorporated the 2nd Amendment right to bear arms to the states
internal improvements, subsidies, tariffs, public land disposals, patents, currency
National government policies (6)
Every Student Succeeds Act (ESSA)
Obama's act in 2015 that took over No Child Left Behind and returned power to the states to evaluate schools
Gibbons v. Ogden
Regulating interstate commerce is a power reserved to the federal government. This was about whether New York State could grant a monopoly to Robert Fulton's steamboat company to operate an exclusive service between New York and New Jersey.
Roe v. Wade
The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
Categorical Grants
The growth of what created a new kind of federalism called cooperative federalism?
New Deal
The national government gained vast new powers at the response to the Great Depression called?
privileges and immunites
The provision of the Constitution, Article IV, Section 2, that a state cannot discriminate against someone from another state or give its own residents special privileges
District of Columbia v. Heller
U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm
Department of Homeland Security
US federal agency created in 2002 to coordinate national efforts against terrorism
9/11
USA patriot act was created in 2001 after what?
local government policies
What are these? - adaptation of state laws to local conditions - public works - contracts for public works - licensing of public accommodation - zoning and other land-use regulation - basic public services
state government policies
What are these? - property estate and inheritance laws - commerce and banking laws - corporate occupations and professions, and insurance laws - family, morality, public health, and education laws - penal and criminal laws - eminent domain, construction, land use, water, and mineral laws - local government, election, and civil service laws
state constitutions
What defines local government?
private property
What exists because state laws against trespass and theft define who is and who isn't title to use a piece of property
local government
What has no status in the US constitution?
slavery and segregation
What is a negative of federalism?
smaller federal
What type of government do conservatives typically support?
US
What was the first nation to adopt federalism?
Nixon
Who used block grants to cut federal spending?
unitary system
a centralized government system in which lower levels of government have little power independent of the national government
13th amendment
abolished slavery, property law extended to slavery, with the fugitive slave clause of the constitution
traditional political participation
activities designed to influence government, including voting, campaign contributions, and face to face activities such as volunteering for a campaign or working on behalf of a cadidate or political organization
digital political participation
activities designed to influence politics using the internet, including visiting a candidate's website, organizing events online, and signing an online petition
USA Patriot Act
an act passed that sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties