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American Government > Chapter 3 & 4 > Flashcards

Chapter 3 & 4 Flashcards

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0
Q

Federal Public

A

Derives power directly from people

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1
Q

Federalism

A

National government shares power with local government

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2
Q

Confederation

A

A system where people create state government

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3
Q

Unitary System

A

State government derive authority from central government Ex) UK & France

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4
Q

Federal System

A

Power divided between central & state government ex) Canada & US

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5
Q

Confederal System

A

Power held by independent states ex) US under Articles of Confederation

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6
Q

Article 1

A

“Make all laws necessary & proper for carrying into execution of the foregoing powers”

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7
Q

Nullification

A

A state can void a federal law

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8
Q

Dual Federalism

A

National & State government should be kept separate

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9
Q

Federal Regime

A

Local government can make final decisions over some government activities

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10
Q

State constitutions are more detailed than federal ones

A
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11
Q

Federal Government Powers

A
  • declaring war
  • printing money
  • maintaining military forces
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12
Q

State Government Powers

A
  • establishing local government
  • “police power”
  • initiative
  • referendum
  • recall
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13
Q

Initiative

A

Allows voters to place legislative measures directly on the ballot by getting enough signatures on a petition

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14
Q

Referendum

A

Enables voters to reject measures passed by legislature

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15
Q

Recall

A

Voters can remove an elected official from office

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16
Q

Federal & State Powers

A
  • taxing
  • maintaining roadways
  • criminal justice institutions
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17
Q

Grants-in-aid

A

Money given by national government to the state

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18
Q

Reasons why federal money was attractive to states

A
  • huge budget surplus
  • federal income tax brought in more money
  • more money was printed
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19
Q

When Washington wants to send money to one state, it must send money to many states

A
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20
Q

Intergovernmental Lobby

A

Made up of state and local officials who depend on federal funds ex) mayors, governors, police chiefs

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21
Q

Categorical Grants

A

Federal grants for specific purposes ex) airports, parks, college dorms
(Mayors & governors complained they were too narrow)

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22
Q

Block Grants

A

Several grants focused on a single block, devoted to a general purpose

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23
Q

Problems with Block Grants

A
  • money did not grow fast
  • a lot of “strings attached”
  • they grow slower than categorical grants
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24
Q

Conditions of Aid (1)

A

Terms that’s states must meet if they are to receive federal funds

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25
Q

Mandates

A

Terms that states must meet wether or not they accept federal grants (most concern civil rights and environmental protection)

26
Q

Waiver

A

Permission to violate law

27
Q

Hamilton

A

National powers should be broadly defined & liberally constructed

28
Q

Jefferson

A

National government is a threat to personal liberties

29
Q

Federal government devises grants for national interests rather than state demands

A
30
Q

Increase in federal activism =

A

State reliance on federal aid

31
Q

Conditions of Aid

A
  • conditions voluntary but states depend on aid
  • conditions continue to grow
  • “free” federal money isn’t quite free
32
Q

The Sedition Act (1798)

A

One cannot write, utter, or publish false writing with intention of defaming the government

33
Q

The Espionage & Sedition Acts (1917-1918)

A

One cannot utter a false statement that would interfere with the American military

34
Q

The Smith Act

A

Illegal to advocate the overthrow of the U.S. government

35
Q

14th Amendment

A

No state shall deprive any person of life, liberty, or property without due process of law

36
Q

Due Process of Law

A

Denies government the right without due process, to deprive people of life, liberty, or property

37
Q

Selective Incorporation

A

When court applies most parts of the Bill of Rights to the States

38
Q

Bill of Rights

A

James Madison

39
Q

1st Amendment

A

No law respecting an establishment of religion, freedom of speech, exercise of religion, press, assemble, and petition

40
Q

2nd Amendment

A

Right to bear arms

41
Q

3rd Amendment

A

The right not to have soldiers quartered in private homes

42
Q

4th Amendment

A

No one can search you unless they have a warrant

43
Q

5th Amendment

A

The right to be indicted by a grand jury, before being tried for a serious crime

44
Q

6th Amendment

A

Right to a speedy trial, by an impartial jury

45
Q

7th Amendment

A

Right to a jury in civil cases

46
Q

8th Amendment

A

Cruel & unusual punishment

47
Q

9th Amendment

A

Everyone is granted unalienable rights

48
Q

10th Amendment

A

Powers not delegated to the U.S. by the Constitution are reserved to the states

49
Q

Prior restraint

A

Censorship of a publication

50
Q

Clear and Present Danger

A

Law should not punish speech unless there was a “clear and present danger” of producing harmful actions

51
Q

Gitlow vs New York (1925)

A

Gitlow was violating the sedition law by passing out leaflets that advocated overthrow of the government (SC favored, 1st Amendment)

52
Q

Libel

A

Written statement that damages someone’s reputation (oral - slander)

53
Q

Symbolic Speech

A

Act that conveys a political message

54
Q

Wall of Separation

A

Government cannot be involved with religion

55
Q

Tinker vs Des Moines (1969)

A

Students wore armbands protesting war in Vietnam (SC favored, 1st Amendment)

56
Q

Three Prong Test - deciding factors on wether or not government involvement with religion is constitutional

A
  • has a strictly secular purpose
  • primary effect neither advances nor inhibits religion
  • does not foster a government entanglement with religion
57
Q

Real ID Act

A

No federal agency may accept a license that does not have the persons photo, address, signature, and full name

58
Q

(FISA) - Foreign Intelligence Surveillance Act

A

President has the authority to conduct warrant-less searches to obtain foreign intelligence info

59
Q

Exclusionary Rule

A

Evidence gathered in violation of the Constitution cannot be used in trial

60
Q

Santa Fe vs Doe (2000)

A

Students may not lead prayers before the start of a football game

61
Q

Everson vs Board of Education

A

Tax money may not be spent in support of any religion (parent were being reimbursed for driving their children to school)

62
Q

McDonald vs Chicago (2010)

A

2nd Amendment allows people to bear arms and this applies to state government as well

63
Q

Miller vs California

A

Obscenity defined as appealing to average people with materials that lack literary, artistic, political, or scientific value

American Government (2 decks)

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