3 8 9 Flashcards
What does Article VI of the U.S. Constitution establish?
It establishes the supremacy of federal law over state laws and requires an oath of office for government officials.
What does the 10th Amendment state?
It states that powers not delegated to the federal government are reserved for the states or the people.
What is Police Power in the context of states?
It is the inherent power of states to regulate for the health, safety, welfare, and morals of their residents.
What is the Commerce Clause?
It is a clause in the U.S. Constitution (Article I, Section 8) granting Congress the power to regulate interstate commerce.
What are the two clauses of the 14th Amendment?
Equal Protection and Due Process.
What does the Equal Protection clause ensure?
It ensures that no state shall deny any person within its jurisdiction equal protection of the laws.
What does the Due Process clause guarantee?
It guarantees that no state shall deprive any person of life, liberty, or property without due process of law.
What are Civil Rights?
Protections against discrimination and actions that ensure equality for all individuals.
What are Civil Liberties?
Fundamental individual freedoms guaranteed by the Bill of Rights and the Constitution.
What are Block Grants?
Federal funds given to states with few restrictions on how they may be used.
What was the ruling in Barron v. Baltimore?
The ruling stated that the Bill of Rights only applied to the federal government, not to the states.
What was the significance of Plessy v. Ferguson?
It upheld racial segregation under the doctrine of ‘separate but equal.’
What is Laissez-faire Jurisprudence?
A legal philosophy advocating minimal government interference in business and economic affairs.
What is the Liberty to Contract?
The concept that individuals have the freedom to enter into contracts without excessive government regulation.
What was the outcome of Brown v. Board of Education?
It declared racial segregation in public schools unconstitutional.
What is Sociological Jurisprudence?
A legal philosophy that considers social factors and the effects of law on society when making legal decisions.
What do Miranda, Gideon, and Mapp refer to?
Miranda refers to the right to be informed of one’s rights during arrest; Gideon established the right to counsel for defendants who cannot afford an attorney; Mapp established the exclusionary rule.
What is the Incorporation Doctrine?
The legal doctrine that the Bill of Rights applies to state governments through the Fourteenth Amendment’s due process clause.
What are Categorical Grants?
Federal funds given to states or localities for specific purposes with strict rules on how the money is to be spent.
What are Concurrent Powers?
Powers that are shared by both the federal government and state governments, such as the power to tax.
What is a Confederation?
A political system where the central government is weak, and the constituent states retain most of the power.
What are Conditions of Aid?
Conditions set by the federal government that states must meet to receive federal funds.
What is Cooperative Federalism?
A system where the federal and state governments work together to solve problems, often through federal funding.
What is Dual Federalism?
A system where state and federal governments operate independently in their own spheres of influence.
What is the Elastic Clause?
The clause in Article I, Section 8 of the U.S. Constitution that allows Congress to pass any laws necessary and proper for carrying out its enumerated powers.
What are Enumerated Powers?
Powers explicitly granted to Congress by the U.S. Constitution, such as the power to tax, regulate commerce, and declare war.
What is Extradition?
The legal process by which one state or country surrenders a suspected or convicted criminal to another state or country.
What is Federalism?
A system of government in which power is divided between a central (federal) government and regional (state) governments.
What are Formula Grants?
Federal funds distributed to states based on a predetermined formula, often related to population or need.
What is Fiscal Federalism?
The financial relationship between federal and state governments, including grants and aid.
What is Full Faith and Credit?
A constitutional provision requiring states to recognize the public acts, records, and judicial proceedings of other states.
What was the ruling in McCulloch v. Maryland?
It upheld the power of the federal government to create a national bank and established the principle of implied powers.
What are Grants-in-Aid?
Federal funds provided to state and local governments for specific projects or programs.
What are Implied Powers?
Powers not specifically stated in the Constitution but inferred from the expressed powers.
What are Mandates?
Directives issued by the federal government requiring states or localities to comply with certain regulations or requirements.
What is Nullification?
The theory that states have the right to invalidate federal laws they believe are unconstitutional.
What are Privileges and Immunities?
Constitutional provisions guaranteeing that citizens of each state are entitled to the privileges and immunities of other states.
What are Project Grants?
Federal funds given to state or local governments for specific projects, often through a competitive process.
What is Revenue Sharing?
The distribution of a portion of federal tax revenues to state and local governments with few restrictions on how the money is spent.
What was the ruling in US v. Darby/Fair Labor Standards Act?
It affirmed the federal government’s authority to regulate labor standards, including wages and hours.
What does ‘Aggregate Effect upon Interstate Commerce’ refer to?
A legal principle used in cases like Wickard v. Filburn, where even local activities that individually may not affect interstate commerce can be regulated if they have a cumulative impact.
What was the significance of US v. Heart of Atlanta Hotel?
It upheld the Civil Rights Act of 1964 and confirmed Congress’ power to regulate interstate commerce to prohibit racial discrimination in public accommodations.
What was the ruling in US v. Lopez?
It limited the scope of the Commerce Clause, ruling that Congress had overstepped its power by banning guns near schools.
What was the outcome of US v. Morrison?
It limited the application of the Commerce Clause and rejected the Violence Against Women Act under federal power.
What is the difference between Equality of Opportunity and Equality of Results?
Equality of Opportunity ensures that all individuals have the same chance to succeed, while Equality of Results ensures that outcomes or benefits are distributed equally among individuals.
