Chapter 3 & 4 Flashcards
Federal Public
Derives power directly from people
Federalism
National government shares power with local government
Confederation
A system where people create state government
Unitary System
State government derive authority from central government Ex) UK & France
Federal System
Power divided between central & state government ex) Canada & US
Confederal System
Power held by independent states ex) US under Articles of Confederation
Article 1
“Make all laws necessary & proper for carrying into execution of the foregoing powers”
Nullification
A state can void a federal law
Dual Federalism
National & State government should be kept separate
Federal Regime
Local government can make final decisions over some government activities
State constitutions are more detailed than federal ones
Federal Government Powers
- declaring war
- printing money
- maintaining military forces
State Government Powers
- establishing local government
- “police power”
- initiative
- referendum
- recall
Initiative
Allows voters to place legislative measures directly on the ballot by getting enough signatures on a petition
Referendum
Enables voters to reject measures passed by legislature
Recall
Voters can remove an elected official from office
Federal & State Powers
- taxing
- maintaining roadways
- criminal justice institutions
Grants-in-aid
Money given by national government to the state
Reasons why federal money was attractive to states
- huge budget surplus
- federal income tax brought in more money
- more money was printed
When Washington wants to send money to one state, it must send money to many states
Intergovernmental Lobby
Made up of state and local officials who depend on federal funds ex) mayors, governors, police chiefs
Categorical Grants
Federal grants for specific purposes ex) airports, parks, college dorms
(Mayors & governors complained they were too narrow)
Block Grants
Several grants focused on a single block, devoted to a general purpose
Problems with Block Grants
- money did not grow fast
- a lot of “strings attached”
- they grow slower than categorical grants
Conditions of Aid (1)
Terms that’s states must meet if they are to receive federal funds
Mandates
Terms that states must meet wether or not they accept federal grants (most concern civil rights and environmental protection)
Waiver
Permission to violate law
Hamilton
National powers should be broadly defined & liberally constructed
Jefferson
National government is a threat to personal liberties
Federal government devises grants for national interests rather than state demands
Increase in federal activism =
State reliance on federal aid
Conditions of Aid
- conditions voluntary but states depend on aid
- conditions continue to grow
- “free” federal money isn’t quite free
The Sedition Act (1798)
One cannot write, utter, or publish false writing with intention of defaming the government
The Espionage & Sedition Acts (1917-1918)
One cannot utter a false statement that would interfere with the American military
The Smith Act
Illegal to advocate the overthrow of the U.S. government
14th Amendment
No state shall deprive any person of life, liberty, or property without due process of law
Due Process of Law
Denies government the right without due process, to deprive people of life, liberty, or property
Selective Incorporation
When court applies most parts of the Bill of Rights to the States
Bill of Rights
James Madison
1st Amendment
No law respecting an establishment of religion, freedom of speech, exercise of religion, press, assemble, and petition
2nd Amendment
Right to bear arms
3rd Amendment
The right not to have soldiers quartered in private homes
4th Amendment
No one can search you unless they have a warrant
5th Amendment
The right to be indicted by a grand jury, before being tried for a serious crime
6th Amendment
Right to a speedy trial, by an impartial jury
7th Amendment
Right to a jury in civil cases
8th Amendment
Cruel & unusual punishment
9th Amendment
Everyone is granted unalienable rights
10th Amendment
Powers not delegated to the U.S. by the Constitution are reserved to the states
Prior restraint
Censorship of a publication
Clear and Present Danger
Law should not punish speech unless there was a “clear and present danger” of producing harmful actions
Gitlow vs New York (1925)
Gitlow was violating the sedition law by passing out leaflets that advocated overthrow of the government (SC favored, 1st Amendment)
Libel
Written statement that damages someone’s reputation (oral - slander)
Symbolic Speech
Act that conveys a political message
Wall of Separation
Government cannot be involved with religion
Tinker vs Des Moines (1969)
Students wore armbands protesting war in Vietnam (SC favored, 1st Amendment)
Three Prong Test - deciding factors on wether or not government involvement with religion is constitutional
- has a strictly secular purpose
- primary effect neither advances nor inhibits religion
- does not foster a government entanglement with religion
Real ID Act
No federal agency may accept a license that does not have the persons photo, address, signature, and full name
(FISA) - Foreign Intelligence Surveillance Act
President has the authority to conduct warrant-less searches to obtain foreign intelligence info
Exclusionary Rule
Evidence gathered in violation of the Constitution cannot be used in trial
Santa Fe vs Doe (2000)
Students may not lead prayers before the start of a football game
Everson vs Board of Education
Tax money may not be spent in support of any religion (parent were being reimbursed for driving their children to school)
McDonald vs Chicago (2010)
2nd Amendment allows people to bear arms and this applies to state government as well
Miller vs California
Obscenity defined as appealing to average people with materials that lack literary, artistic, political, or scientific value
