Exam 2 Flashcards

1
Q

Federalism

A

Division of power between the national and state governments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Cooperative Federalism

A

Encouragement of cooperation through resource provision; result of New Deal era.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Deregulation

A

Reducing government rules and red tape that control social and economic activity. Purposes of promoting competition, increasing productivity, and lowering prices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Bills of attainder

A

Legislation declaring persons guilty of some crime and punishing them without trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Due process

A

Principle that government must protect the legal rights of citizens. Grounded in the Bill of Rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Ex Post Facto Law

A

Government can’t pass a law then charge you if you committed the now a crime before they government passed the law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Brandenburg v. Ohio

A

Supreme Court decision requiring imminent lawless action before speech can be banned.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Unfunded Mandate

A

Federal standards/programs that require states to take particular actions but do not provide state governments with the funding to meet the requirements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the Miller Test

A

Supreme Court test for determining whether material is obscene.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Components of Miller Test

A
  1. Appeals to Sexual Interest
  2. Depicts sexual conduct in an offensive way.
  3. Lacks serious literary, artistic, political, or scientific value
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Missouri Compromise of 1820

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Mapp v. Ohio

A

Evidence found in violation of the 4th amendment cannot be used at trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Categorical Grant

A

Federal funding given to state and local governments for narrow purposes specified by the federal government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Civil Liberties

A

Found in Bill of Rights and protect the people from the power of the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Civil Rights

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Strict Scrutiny

A

Toughest standard of review, used when laws discriminate on account of race, ethnicity, religion, or alien status

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

De Jure Segregation

A

Racial segregation that occurs because it is written into law, policy, or governmental procedures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Miscegenation Laws

A

Banned the marriage of and sometimes sexual relations between people of different races.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Equal Outcome

A

Leveling the playing field to give the disadvantaged a greater chance of success.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Lawrence v. Texas (1998)

A

Sodomy laws on the books; struck down sodomy laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

ERA

A

“Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Loving v. Virginia

A
  1. Ruled that banning marriages of people of different races was a violation of the 14th amendment.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Coercive Federalism

A

States are dependent on federal government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Federalism and the Depression

A

Lead to Cooperative federalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Barron v. Baltimore

A
  1. Baltimore built a bigger wharf, but ruined Barron’s dock. He sued, but amendment did not extend the Just Takings Clause to state level.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Symbolic Speech

A

Non-verbal communication that purposefully and discernibly conveys a message to those viewing it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Incorporation

A

Process where Supreme Court applies the civil liberty provisions of the Bill of Rights to the state and local levels.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

“Separate but equal”

A

Result of Plessy v. Ferguson (1896). Protected racially discriminatory policies well into the 20th century

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Equality of opportunity

A

Providing each individual the same chance to succeed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Block grant

A

Federal funding given to states to spend on general programs and services, with very few restrictions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Jim Crow Laws

A

State and local laws in place between 1877 and the mid-1960s that mandated segregation in all public places.

32
Q

Discrimination

A

Favoring one person over another, usually on irrelevant grounds such as race or gender

33
Q

Literacy Test

A

Given to people who could not prove a 5th grade education. Whites exempt.

34
Q

De Facto Segregation

A

Racial segregation that results from patterns of behavior that result in segregating the races.

35
Q

EEOC

A

Equal Employment Opportunity Commission: an independent federal agency charged with protecting equal employment rights

36
Q

Americans with Disabilities Act

A

(1990) requires public and private employers to make “reasonable accommodations” to known physical and mental limitations of employees with disabilities and, if possible, to modify performance standards to accommodate an employee’s disability.

37
Q

Sovereignty

A

political power, independence, or authority.

38
Q

Dual Federalism

A

National and state governments working independently of each other.

39
Q

Devolution

A

the delegation of power by the federal government to state and local governments.

40
Q

Miranda Rights

A
  1. Right to remain silent
  2. Must be informed that anything they say can be used against them
  3. Have a right to an attorney if they cannot afford one
41
Q

Miranda v. Arizona

A

(1963). Court ruled that persons held in custody must be advised of their rights before being questioned. Established Miranda Rights.

42
Q

Prior Restraint

A

Government restrictions on freedom of the press that prevents material from being published

43
Q

Lemon Test

A

A law must…

  1. Have a secular legislative purpose
  2. Not have the primary effect of either advancing or inhibiting religion.
  3. Not result in an “excessive government entanglement with religion.”
44
Q

Affirmative Action

A

policies that promote equality of outcome by providing expanded educational and employment opportunities for members of a previously disadvantaged group.

45
Q

Equal Protection Clause

A

14th Amendment; requires states to treat citizens equally under the law. Basis for the incorporation doctrine, which extends Bill of Rights protections to shield citizens from state and federal abridgment of basic freedoms.

46
Q

Brown v. Board of Education of Topeka, Kansas

A

Supreme Court ruled that, in education, “separate is inherently unequal.”

47
Q

Plessy v. Ferguson

A

This case yielded the “separate but equal” doctrine that protected racially discriminatory policies well into the 20th century.

48
Q

Slander

A

False and/or damaging verbal statements.

49
Q

Libel

A

Publishing false and damaging statements

50
Q

Dred Scott

A

slave who had moved with his master across state lines, including both Illinois (a free state) and Wisconsin (a free territory). Death of his master, Scott brought suit in the state of Missouri, arguing that the provision of the Missouri Compromise of 1820 that extended freedom to any slave whose master established residence in a free territory applied in his situation.

51
Q

Dred Scott v. Sanford

A

Supreme Court found that slaves were not citizens. Declared the Missouri Compromise to be an unconstitutional exertion of congressional power.

52
Q

Voting Rights Act of 1965

A

Banned literacy, interpretation, and other such tests for voting.

53
Q

Bowers v. Hardwick

A

challenged a Georgia law against sodomy, but the Court ruled that the right to privacy did not extend to homosexuals.

54
Q

Popular sovereignty

A

system of government in which power is vested in the people, who make political decisions or elect officials to make political decisions on their behalf.

55
Q

Civil Rights Act of 1964

A

Created the EEOC, prevented hiring and firing by businesses on account of race, religion, sex, and national origin.

56
Q

Poll tax

A

When people pay money to vote.

57
Q

Mandate

A

an official order or commission to do something

58
Q

Martin Luther King Jr.

A

American Baptist minister and activist who was a leader in the Civil Rights Movement.

59
Q

Stonewall riots

A

Start of LGBTQ rights.

60
Q

Compelling Interest

A

Method for determining the constitutionality of statute that restricts the practice of a fundamental right/distinguishes between people due to a suspect classification.

61
Q

Confederal System

A

Most power is at the states and local levels.

62
Q

Unitary system

A

Power to govern resides at the top.

63
Q

Federalist System

A

Power is split between state/local government and national government.

64
Q

Nullification

A

When a state feels that a federal law violates the U.S. Constitution, they can invalidate it.

65
Q

14th amendment

A

requires that the national protection of Due Process be incorporated to the states.

66
Q

Compact Theory

A

theory; states are sovereign political units that joined together in the new national government, but do NOT give up their status as sovereign, independent governments.

67
Q

Initiative

A

A bill/law that starts with the people

68
Q

Referendum

A

Government asks the people to vote on a bill.

69
Q

Reserved powers

A

Powers that are “reserved” for the states. Article 4.

70
Q

Contract With America

A
  1. People wanted to pull back national government power.
71
Q

NY Times v. United States

A

Stricter prior restraint.

72
Q

Seneca Falls Conference

A

First Women’s Rights conference

73
Q

Grandfather Clause

A

Grandfather had to be able to vote.

74
Q

Concurrent powers

A

Both state and federal powers

75
Q

Charter

A

Permission to form government by higher government. Nation -> states -> counties, etc.

76
Q

Recall

A

people sign a petition to kick out elected official.