Exam 2 Flashcards
Federalism
Division of power between the national and state governments.
Cooperative Federalism
Encouragement of cooperation through resource provision; result of New Deal era.
Deregulation
Reducing government rules and red tape that control social and economic activity. Purposes of promoting competition, increasing productivity, and lowering prices
Bills of attainder
Legislation declaring persons guilty of some crime and punishing them without trial
Due process
Principle that government must protect the legal rights of citizens. Grounded in the Bill of Rights.
Ex Post Facto Law
Government can’t pass a law then charge you if you committed the now a crime before they government passed the law.
Brandenburg v. Ohio
Supreme Court decision requiring imminent lawless action before speech can be banned.
Unfunded Mandate
Federal standards/programs that require states to take particular actions but do not provide state governments with the funding to meet the requirements
What is the Miller Test
Supreme Court test for determining whether material is obscene.
Components of Miller Test
- Appeals to Sexual Interest
- Depicts sexual conduct in an offensive way.
- Lacks serious literary, artistic, political, or scientific value
Missouri Compromise of 1820
Congress Act; Missouri and Maine added to the Union, one slave and the other free. Maintain the balance of political power between slave states and free states in the U.S. Senate.
Mapp v. Ohio
Evidence found in violation of the 4th amendment cannot be used at trial
Categorical Grant
Federal funding given to state and local governments for narrow purposes specified by the federal government
Civil Liberties
Found in Bill of Rights and protect the people from the power of the government.
Civil Rights
The protection of citizens from discrimination by the government or private entities. Derived from the Due Process and Equal Protection Clause of the 14th Amendment.
Strict Scrutiny
Toughest standard of review, used when laws discriminate on account of race, ethnicity, religion, or alien status
De Jure Segregation
Racial segregation that occurs because it is written into law, policy, or governmental procedures
Miscegenation Laws
Banned the marriage of and sometimes sexual relations between people of different races.
Equal Outcome
Leveling the playing field to give the disadvantaged a greater chance of success.
Lawrence v. Texas (1998)
Sodomy laws on the books; struck down sodomy laws
ERA
“Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex.”
Loving v. Virginia
- Ruled that banning marriages of people of different races was a violation of the 14th amendment.
Coercive Federalism
States are dependent on federal government.
Federalism and the Depression
Lead to Cooperative federalism
Barron v. Baltimore
- Baltimore built a bigger wharf, but ruined Barron’s dock. He sued, but amendment did not extend the Just Takings Clause to state level.
Symbolic Speech
Non-verbal communication that purposefully and discernibly conveys a message to those viewing it
Incorporation
Process where Supreme Court applies the civil liberty provisions of the Bill of Rights to the state and local levels.
“Separate but equal”
Result of Plessy v. Ferguson (1896). Protected racially discriminatory policies well into the 20th century
Equality of opportunity
Providing each individual the same chance to succeed.
Block grant
Federal funding given to states to spend on general programs and services, with very few restrictions.