Chapter 3 and Chapter 4

Question 1

How many separate governments are there?

Answer 1

89,528 includes everything

Question 2

What are the three nations structure?

Answer 2

(1) The unitary system, (2) the confederal system, and (3) The federal system. most popular is the unitary system

Question 3

What is a unitary system?

Answer 3

Places ultimate governmental authority in the hands of the national, central, government.
Lower rules, can be overrun by the national government.

Question 4

What is a confederal system?

Answer 4

A confederation is the opposite of a unitary system. It leagues independent states in which a central government or administration handles only this matter.

The central government cannot enforce the law into the state, only if they want to.
The United States under the articles of confederation was a confederal system.
European Union, had developed a large body of Europewide laws.

Question 5

What is a federal system?

Answer 5

Authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments.( called constituent governments)
Central Government is supreme not state. Mexico and U.S clear examples.

Question 6

Why did the United States choose the federal system?

Answer 6

It was establish in Philadelphia at the constitutional convention, opposing states rights advocates. They had been political pragmatist Wanted a federal regalement, there would be no ratification of the new constitution. It had gotten state traditions and local power while establishing a strong national government capable of handling common iron

Question 7

Name of all of the unitary, con federal, and federal.

Answer 7

Name all of them

Question 8

What influence did large geographical areas had?

Answer 8

Size was undesirably for an unitary system. It would been hard for a whole government to manage. 13 states were bigger than England and France.
Take several weeks before everyone was informed of a new law. Federalism brings government closer to the people. It leaves more direct access to and influence on government

Question 9

What is federal benefit to the united states?

Answer 9

They are training grounds to the government for new em-placed laws.

Question 10

What did louis brandeis said?

Answer 10

It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as laboratory and try novel social and economic experiments without risk to the rest of the country.

Question 11

What are the examples of the programs pioneer?

Answer 11

Wisconsin unemployment composition
Air-pollution which began in California.
same sex marriage massachuset

Question 12

How has the federal system allow allowance for many political subcultures?

Answer 12

One central government one culture(unitary system), multiple government different kind of political cultures.)

Question 13

What is the problem with marijuana?

Answer 13

Marijuana tax act of 1937 imposed it illegal while 21 states say that it is legal.

Question 14

What are the arguments against federalism?

Answer 14

Block progress and impede nations plans. Smaller political units are more likely to be dominant by a single political group.

Domitian groups had resisted implanting equal rights for minority groups.
Cities can use anti-design zone that increasing the house value, for the one that had already been constructed.

Question 15

What did Ronald Regan saw the founding fathers believe on?

Answer 15

“The founding fathers saw the federalist system, as constructing something like a masonry wall. The states are the bricks and the national the mortar. People have forgotten.”

Question 16

Is the federal system found under the constitution?

Answer 16

No

Question 17

What are the different powers that the constitution says?

Answer 17

1) The powers of the national government.
2)the powers of the states and
3) Prohibited powers.

Question 18

What are the enumerated powers?

Answer 18

They are called the expressed powers, including coining money, setting standards for weights and measures, making uniform naturalisation laws, admitting new states, establishing post offices and post roads, and declaring war.(Regulate commerce among states)

Question 19

What is the necessary and proper clause? Which article and section? What is the quote?

Answer 19

Implied powers are based on the article 1 and section 8
“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested u this constitution in the government of the united state, or in any department or office therefor.

Question 20

What is the Nencessary and proper clause?

Answer 20

The name is called the elastic clause or the necessary and proper clause.

The cause had been first used of the mcculloch v. Maryland

Used to meet many problems that the founding fathers could not meet.

Question 21

What are inherent powers?

Answer 21

Not mention or imp-lend in the necessary and proper clause. Such that is a sovereignty of nation and the united states must be the only one that negotiates with other nations.

Under international law. all states have the right to ensure their own survival( making treaties, waging war, seeking trade and acquiring terrotory.

Question 22

What are the powers of the state governments? What is it called?

Answer 22

The tenth amendment states that the powers not delegated to the united states by the constitution, are reserve to the states or to the people. Called reserved power

States can regulate the commerce within its borders and to provided for a state militia.
Reserved power t make laws on all matters not prohibited to the state by the us constitution or state.
They have police power the authority to legislate for the protection, health, morals, safety, and welfare of the people.

laws governing of crimes, marriage, contracts education, interstate transportation, and land use.

Question 23

What is the saying that local governments are creatures from the state.? What system does it have?

Answer 23

Each state has a Unitary system,
They can prohibit local governments from passing laws.

Question 24

What does the 10 amendment does?

Answer 24

It leaves an ambiguity that leaves them to be defined differently at different times in our history. When widespread support of national government it gets leave on the background when not they can go back power to the states.

Question 25

What are the prohibited powers?

Answer 25

National government has been denied the powers to impose taxes in goods sold to other countries(exports) Any power not granted expressly to the federal government by the constitution is prohibited to it. States are also denied certain powers. No treaty between countries.

Question 26

What are concurrent powers?

Answer 26

Not specifically listed but implied. Such as the power to tax. States may not lavy a tarrif(tax imported goods) Only national government can do this.Many scholars believe goverment cannot impose real estate tax. Both collect money on income. Neither tax their facilities States are limited to their own boundaries. Borrow found, to establish courts and to charter banks and corporation. Holds police power. To establish minimum wage, can be establish by the state

Question 27

What is the supremacy clause?

Answer 27

The supremacy of the national constitution over sub national laws and actions is establishes in the supremacy clause. Everyone support the constitution. Like the national guard, is state militia, president can take charge of such troops.George bush and Barack on the 911 attacks. They are large percentage of combat duty.

Question 28

Where is the supremacy clause mentions and what is the quote?

Answer 28

article 5, clause 2 "This constitution and laws of the united states which shall be made in pursuance theroff....

Question 29

What are interstate relations?

Answer 29

National constitution imposes rules on the road. So no states depart from each other. Give full faith and credits to every other states public acts, record, and judicial proceedings. Extend to every together states citizens the privileges and immunises of its own citizens Agree to return persons who are fleeing from justice in another state back to that state when requested to do so. They can come agreements calls interstate compacts. Congress consent may be necessary New York and new jersey.

Question 30

McCulloch v. Marryland impact?

Answer 30

Constituion says nothing about establish a bank. They were first and second bank national. Marryland wanted to impose tax on second bank baltimore to put it out of buisness .Mculloch did not wanted to state won, but went to the supreme court. National government had the power to charter a bank. If the bank was constitutional could the state tax it? Chief justice Marshall said it was fine and that no state can tax a part of the national government.

Question 31

Gibbons v. Odgen(1824)

Answer 31

article 1 and 8 is to regulate the commerce withing forcing nations, among several states and the Indians.

Question 32

what was Gibbons V. Odgen?

Answer 32

Rober monopolyze on the steam navigation of the waters of new york. They licensed Aaron ogden had to operate in the new york and new jersey. Thomas Gibbons had goten a license from the us goverment, to operate in interstate waters started to compete. New york he lost got sued in supreme court had won. Did not use the power in the 1930 judge by Mashall. New yok define the clause of shipments of goods, or the interchange of commodities not transport of people. Can regulate i state or not?

Question 33

What re the states rights and the resort to civil war?

Answer 33

Jacksonian had begun giving power to the states. 1828 passed tarrif and they say that the state carolina had the ultimate power over its citizens. Calorina first moved in the union december 20 1860, february 1861 montgomery, alabama and other 6 southern states move out of the way.

Question 34

What did the war did to the growth of the national goverment?

Answer 34

States don't have the right to succeed. Increase power of the national government. A billion-dollar was passed in the first time in 1865 to cover the increased government expenditures.

Question 35

What are the civil war admendements?

Answer 35

The thirteen amendment, ratified in 1865 it abolish the institution together of slavery. 14 amendment 1868 ratified define who was a citizen of each state.(equal) 15 amendment gave the blacks the right to vote.

Question 36

What is dual federalism?

Answer 36

A doctrine that empathise a distinction between national and state spheres of government authority. Neither should interfere such as a cake. People tough it would be back as normal before the civil war. It argue that nation can move states trought grants and subsides, it was barred from regulating matters that the court considered to be purely local Child labor had been said that it can be regulated a local problem. Place many legislate under the commerce clause of the constitution.

Question 37

What happen to the civil war?

Answer 37

Reduce the influence of the united states supreme court, which supported the institution of slavery.

Question 38

What was the new deal and cooperative federalism?

Answer 38

Dual federalism reced in the background in the 1930. Frank attempted to alleviated the great depression. March 4, 1933. 1,500 banks had failed,4, 000 more would failed. Thirty-two thousand business had closed down.1/4 unemployed 1937 block many new deal, change in membership it had been allowed. Both came to solve a problem national government and the states. provided a marble cake. Everything in 1960 and 1970 reach of the government.

Question 39

The politics of federalism?

Answer 39

Conservatives traditionally have favoured the states and liberals have favoured the government.

Question 40

What were the republicans and the democrats?

Answer 40

Southern conservative democrats were advocates of the states rights. Under republic president Richard Nixon and the Ronald regain, devolution became a major theme. They wanted to transfer power to the states but they had never done it do when in power( no child behind, California air pollution)

Question 41

What did conservative look again at the states?

Answer 41

In 2009 those from the tea party movement. Wanted state rights since 2009-2011 had been all democrats. Since they won allot in state power.

Question 42

Methods of implementing cooperative federalism?

Answer 42

Grants to finance education, canals, railroad and road. 1960 increased

Question 43

What are categorical grants?

Answer 43

400 seperate program main 5 were medicaid, hightway construction, unemployement benefits, housing assitance, an welfare programs to assit mothers with dependent children and people with disabilities. Has load some programs to the state and provided a major founding for them. Persuased program devised by the federal goverment. only small portion payed by the state.

Question 44

What is a block grant?

Answer 44

Block grants lessens the restriction on federal grants given to state and local governments. By grouping a number of categorical grants under one broad heading. One is the surface transportation program, sponsor by the federal highway administration.

Question 45

Fiscal federalism and state budgets?

Answer 45

Fiscal" Having to do with government revenues and expenditures" When the federal government makes grants to state and local governments, funds raised through taxation or borrowing by one level of government are spent by another level called fiscal federalism. Recession increased then later decreased.

Question 46

Does the supreme court support the national government coercing states to the policies of using grants?

Answer 46

Medicaid to withold 100% in their budget if they did not expand. That had been unscontitutional. Limit is between 10 to 100.

Question 47

What was Brady handgun rulling?

Answer 47

Brady Handgun violence prevention require for the national background. Can be consider unconstitutional.

Question 48

What are federal mandates?

Answer 48

State are require to take action such as the voter registration, education of the disability.

Question 49

What is the unfunded mandates reform act of 1995?

Answer 49

Require the congressional budget office to identify mandates that cost state and local government more than $50 million to implement.

Question 50

What was the problem with Gun-free school zones?

Answer 50

It was unconstitutional since it regulate something that was not a commerce. Had used it under the commerce

Question 51

What are the ruling in immigration, health-care reform and

Answer 51

Cannot arrest individuals in Arizona by their illegal status. Made medicaid optional Same sex marriage: United states vs Windsor, state federal government approve same sex marriage. Goldberg v Hodges legalise same sex marriage. Voting rights act abolished the preclearance from the federal government. Affirmative action, was banned from the states and university in 2014

Question 52

what are the 10 amendments?

Answer 52

Put restrains on the national government. Bill of rights really brief

Question 53

What is the first admendement?

Answer 53

Religion, speech and press,assembly , the right to petition

Question 54

What is writ of habeas corpus?

Answer 54

Is a court order issued to any agency that is holding a prisoner. If the judge finds it unlawfull, jailure to recify the situation. Brought to tial or free.

Question 55

What is bill of attainder?

Answer 55

Is a lwas that inflicts punishment without a trial. An ex post factol bill includess punishment for an act that was not illegal of section 10 of the constituiton the prohibition of the law to the extend of the sttes.

Question 56

Extending the bill of rights to state goverment?What admendment was ratified?

Answer 56

Bill of rights limited powers only of the national goverment. Most state had a constitution of the bill of rights. 1833 it was apply to state laws eventouth it said no congress. Unitl the 14 admendement was ratified. " No state...

Question 57

Gitlow v New york 1925

Answer 57

14 admendment protected the freedom of speech guaranteed by the first amendment.

Question 58

What is the incorporation theory?

Answer 58

Bill of rights incoparated into the 14 admendment.

Question 59

what were the admendments?

Answer 59

1) Speech 2) the right to bear arms 3)Stop from quatering soldiers

Question 60

What is the separation of church and state? What is it called?

Answer 60

Establishment clause, by thomas jeffers separation of words and state.

Question 61

What did lemon V kurtzman ruled?

Answer 61

Not direct aid to religion. 1) The aid had to be secular(non-religion) 2) Not advancing or inhibiting religion 3) Avoid excessive entaglement with relegion. Help with lunch aid in religious schools.

Question 62

What are the school vouchers?

Answer 62

private schools it is allowed since it does not entagles church and state

Question 63

The issue of school prayer- Engel V VItale?

Answer 63

It was the newyork prayer, it was uncostituional. At public schools

Question 64

Forbidding the teaching of evolution?

Answer 64

1968 arkansa prohibition of the evolution violated the cluse since it impose religious beluefs on students.

Question 65

The issue of intelligent design

Answer 65

That everything is right but by being perfect it must be god. It was unconstitutional.

Question 66

Religious displays on public property

Answer 66

It allows some and prohibit others such that is cristimass allone it is unaceptable.

Question 67

Free exercise clause

Answer 67

Yes but if it affects an individual then no harming bill of rights. Abercrombie & fitch was a muslim and they refused to hire her make it descrimination Churches are other religious are tax-exemped bodies in which they cannot endorse candites or make contribution. Howver, they can take possitions in ballots.May contribute to refferendum campaings Branch ministries scandal

Question 68

Freedom of expression no prior restrain

Answer 68

Restraning activites before it occurs. New york times Vs Uniteds states on printing the pentagos involvement in vietnam war

Question 69

The protection of symbolic speech?

Answer 69

1969, Tinker Vs Des Moines school district had protected it.

Question 70

what about flag burning?

Answer 70

1989 costitutional not flag burnining, 1990 unscontitutional it is still legal.

Question 71

What is the cross burning?

Answer 71

Justice clarance thomas had argue that it had initiated violence and not allowing the cross to burn legal. Had been very conservative

Question 72

The protection of commercial speech.

Answer 72

1) seeks to implement a substantial goverment interest 2) directly advances that interest 3) Goes no further than necessary to acomplish its objective.

Question 73

Attempts to ban subversive or advocacy speech.

Answer 73

The clear and present danger test. The bad tendecy rule: Gitlow v New york that might lead in to evil. The imminet lawles action test:Brandenburg v. Ohio " the duty, necessity, or property of sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform.

Question 74

The eclipse of obscenity as a legal category? The rise and fall of miller V. California

Answer 74

1) the average person find that it violates contemporary community standards 2) The wrok taken as a whole appeals to a prurient interst in sex 3) the wroks shows patently offensive sexual condut 4) the work lacks seruous redeeming litersti or scientific merit

Question 75

what was internet pornography?Minor

Answer 75

It shows and advocates for child minor abuse

Question 76

Unprotected speech slander;

Answer 76

Defamation of character, hurting someone reputaiton. Orally is called slander Writing it is called libel They would bring a civil sluit Public uttering means that the defamatory statement is made to or withing a haring of a person other than the defamed party.

Question 77

Rights of public shool student

Answer 77

bongs hit 4 jesus uncostitnutal

Question 78

Campus speech and behavior codes?

Answer 78

Violates the first admentdemt thus unscontitutional still occurs.

Question 79

Political correctness on campus

Answer 79

language that can be racist and deemed bad

Question 80

What is the freedom of the press?

Answer 80

Can put anything, but of defamation in writing libel. Can be obserbed by a third party. new york times Co. V sullivan actual malice can damages be obtained

Question 81

Films, radio, and tv

Answer 81

Federal communication commision has the authority to find broadscaters idenciy or profanity.

Question 82

The right to privacy, Griswold v connecticut

Answer 82

Connecticut law that prohibited the use of contreprecetives, violates the law of privacy. Constitution does not say does not mean its right to denied to the people.

Question 83

Privacy rights and abortions?

Answer 83

Not a criminal offense before the quickening of the fetus. 1973 any obortion had been a criminal offense.

Question 84

Row vs Wade

Answer 84

violate Jane roes right of privacy under the constitution 1 tree month of pregnancy between her and her physian 2 trimester only some methods to protect the mother heatlth 3) Final trimester regulated or outlawed endanger woman health. Missorury not tax payer money, and the penselvenia requiring counseling. Was later rejected

Question 85

Partial -birth abortion

Answer 85

intact dialation and extraction supposdly the most safe. banned the law. so it was good then geroge bush said no.

Question 86

What were the violence implented around abortion?

Answer 86

Freedom of access to clinic entrances act, create buffer zones. 35 feet exesive

Question 87

Privacy and the right to die

Answer 87

1976 karen Ann Quinlan Cruzan v. Directro mussoruri department of ehatlth. only clear evidence that the patient does not want treatment

Question 88

What if there is no living will?

Answer 88

Spouse gets the first call.

Question 89

What is physican-assited suicide?

Answer 89

Left it on the states. attack orregon bush.

Question 90

Limits on the conduct of police offiseer and prosecutors

Answer 90

No unrasonable or unwarranted searches and sizures No arrest except on proable cause No coerced confessions or illegal interrogation No entrapment On questioning, following an arrest, a suspect must be infomed of her or his rights.

Question 91

Defendent pretial rights

Answer 91

Writ of habeas corpus Promp arraignment legal counsel reasonable bail To be informed of charges to remain silent

Question 92

Trial rights

Answer 92

Speedy and public trial befor a jury impartial jury selected from a cross section f the comunity trial atmosphere free of prejudice, fear, and outside interference no compulsory self incrimination adequate counsel no cruel and unsual punishments appeal of convictions no double jeoperdy

Question 93

1960 Gidon vs wainwright

Answer 93

Find an attorney at the expense of the goverment. Only had death penalty.

Question 94

Miranda v Arizona

Answer 94

Ernestor violate you know the stroy

Question 95

Miranda excepions

Answer 95

Will not be overtuned if the other evidence is strong enought.

Question 97

What is the exclusionary rule?

Answer 97

Impropetly obtained evidence, cannot be used by persucutors. Violation of the 4 admendemt or suspect of the miranda rights. Must need a search warent

Question 98

Adjustment to the exclusionary rule?

Answer 98

Mapp v Ohio, if they are in clear view an officer can get them. Also, now on good faith

Question 99

What is the usa partriotic act

Answer 99

They can wathc you to prevent future terrorist attacks Nsa spying over people