exam 2 vocab Flashcards
Federalism
is a political system in which authority is divided between different levels of government (the national and state levels, in America’s case
necessary and proper clause
constitutional authorization for Congress to make any law required to carry out its powers
supremacy clause
constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land
dual federalism
the federal system under which the national and state governments are responsible for separate policy areas
cooperative federalism
the federal system under which the national and state governments share responsibilities for most domestic policy areas
unitary systems
governments in which all power is centralized
confederal systems
the local units hold all the power, and the central government is dependent on them for its existence
Nullification
the idea that states could render national laws null if they disagreed with them, but the national government never recognized this doctrine
categorical grant
federal funds provided for a specific purpose and restricted by detailed instructions, regulations, and compliance standards
block grant
federal funds provided for a broad purpose and unrestricted by detailed requirements and regulations
unfunded mandate
a federal order mandating that states operate and pay for a program created at the national level
devolution
the transfer of powers and responsibilities from the federal government to the states
civil liberties
individual freedoms guaranteed to the people primarily by the Bill of Rights
civil rights
citizenship rights guaranteed to the people (primarily in the Thirteenth, Fourteenth, Fifteenth, Nineteenth, and Twenty-Sixth Amendments) and protected by the government
habeas corpus
the right of an accused person to be brought before a judge and informed of the charges and evidence against them
bills of attainder
laws under which specific persons or groups are detained and sentenced without trial
ex post facto laws
laws that criminalize an action after it occurs
incorporation
the Supreme Court action making the protections of the Bill of Rights applicable to the states
establishment clause
the First Amendment guarantee that the government will not create and support an official state church
separationists
supporters of a “wall of separation” between church and state
accommodationists
supporters of government nonpreferential accommodation of religion
Lemon test
the three-pronged rule used by the courts to determine whether the establishment clause is violated
compelling state interest
a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently
sedition
speech that criticizes the government to promote rebellion
clear and present danger test
the rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger
imminent lawless action test
the rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action
Miller test
the rule used by the courts in which the definition of obscenity must be based on local standards
fighting words
speech intended to incite violence
political correctness
the idea that language shapes behavior and therefore should be regulated to control its social effects
prior restraint
censorship of or punishment for the expression of ideas before the ideas are printed or spoken
libel
the written defamation of character
net neutrality
the idea that Internet providers should provide access to all websites without preference or prejudice
exclusionary rule
the rule created by the Supreme Court that says evidence seized illegally may not be used to obtain a conviction
free exercise clause
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
