Exam 2- Government Textbook Notes (mainly just definitions)

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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


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