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Gov and Econ > Foundations of Gov. Test > Flashcards

Foundations of Gov. Test Flashcards

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1
Q

Civil liberties

A

Protections against the government

safety of opinion

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2
Q

Civil Rights

A

Positive acts the government makes to make constitutional guarantees a reality for all people

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3
Q

14 Amendment

A

Due Process Clause

no State can “deprive any person of life, liberty or property, without due process of law”

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4
Q

Establishment clause

A

Guards against establishing a mandated religion

Freedom from being forced to be religious

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5
Q

Free Excercise Clause

A

Guards against the government interfering in the exercise of any religion

Freedom for religion

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6
Q

Cases that involve religion and education

A

Released Time (can go to pray or ash wednesday)

Prayers and the Bible is not allowed

Student religious groups have equal access

Evolution (cannot prefer or prohibit any creation theroy)

Aid to Parochial Schools (Lemon test)

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7
Q

Lemon v. Kurtzman

A

Purpose of aid to parochial schools must be nonreligious

aid can not advance nor inhibit religion

Aid must not excessively entangle the government with religon

Ex: busing

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8
Q

Lynch v. Donnelly

A

Allowed the display of a nativity scene with other nonreligious objects on public land

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9
Q

Count of Allegheny v. ACLU

A

prohibited exclusively christian holiday

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10
Q

Pittsburgh v. ACLU

A

allowed a multi-faith holiday display

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11
Q

Marsh v. Chamber

A

Chaplains to open daily sessions of Congress and state legislatures

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12
Q

Free Excersize Clause

A

Limits actions that violate social duties or disrupt social order

Ex: using poisonous snakes during religious sermonies

IS THIS COVERED OR NOT UNDER CLAUSE????

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13
Q

What do the freedom of speech and press not protect?

A

Libel and slander

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14
Q

Libel

A

the false and malicious use of written words

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15
Q

Slander

A

the false and malicious use of spoken words

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16
Q

Sedition

A

the crime of attempting to overthrow the government by force, or to violently disrupt its lawful activities

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17
Q

Seditious speech

A

Speech that urges sedition

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18
Q

Alien and Sedition Acts

A

made scandalous or false criticism of the government illegal

expired before 1801

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19
Q

Sedition Act of 1917

A

Crime to encourage disloyalty or spread anti-government ideas during a time of crisis

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20
Q

Smith Act of 1940

A

Forbade advocating violent overthrow of the government, and belonging knowingly to any group that does

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21
Q

Symbolic speech

A

Expression by conduct

Only covers so much. Not destroying draft cards, but it does encompass flag burning

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22
Q

Picketing

A

the patrolling of a buisness site by workers on strike, is a prevalent form of symbolic speech

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23
Q

Commercial Speech

A

Speech for business purposes, usually advertising

can’t mislead, advertise illegal good, promote tobacco on radio and TV

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24
Q

Time-Place-Manner Regulations

A

The government can make and enforce rules regarding the time, place, and manner of assemblies

Ex; can’t assemble near schools and courthouses

25
Q

Content neutral

A

When regulation the right to assemble, government officials can not place restrictions on what the assembly is trying to say

Can regulate time, place

26
Q

Right of association

A

the right to associate with others to promote clauses

Also, state cannot force an organization to accept members when that association would contradict what the organization believes in

27
Q

Federalism

A

A system of government in which a written consitution divides the powers of government on a territorial basis

28
Q

Strength in federalism

A

Local action in matters of local concern and national action in matters of wider concern

Encourages local choice

Strength that comes from a union (government aid for disasters)

29
Q

Dual Federalism time

A

Until 1930

30
Q

Dual Federalism

A

Circle theroy

went by constitution

31
Q

Delegated powers

A

National government

32
Q

Implied powers

A

Reasonably implied but not in the constitution

Elastic Clause

Ex: state lines make it federal

33
Q

Inherent powers

A

belong to the national government because it is the national government and a sovereign state

Ex: immigration, diplomats, defend the nation

34
Q

Powers denied to the States

A

Can not enter into a treaty, alliance, or confederation

Cant coin money

No state can tax any of the agencies of national government

35
Q

Eminent domain

A

Take away property

supposed to improve community

36
Q

Layer cake federalism

A

National government exercising power independently from state governments

Each level of government exercises its own control over its own sphere of influence

37
Q

McCulloch v. Maryland

A

Court made clear federal law makes precedent over state laws

Court case: It is the national government’s job to maintain banks

38
Q

Who were McColluch and Maryland?

A

McColluch: Banker who did not want to pay the tax

Maryland: wanted to tax the banks

39
Q

Marble cake federalism

A

After 1930

Layers blended

Federal government more intrusive

Grants-in-aid programs

New Deal

40
Q

Grants-in-aid programs

A

Funds given by the federal government to state and local government to aid the unemployed

Roosevelt

41
Q

Creative Federalism

A

LBJ

Greater reliance on federal programs

Sharing costs

Unfunded Mandates

42
Q

Unfunded Mandates

A

Programs and regulations imposed on state/local government by Congress with out enough funding

43
Q

Competitive Federalism

A

Nixon and Reagan

Power back to states (devolution)

States have to come up with own solutions to solving problems

44
Q

Fiscal Federalism

A

How much funding is appropriated by the federal government to the state, under what conditions, and what states can do with the funds

45
Q

Categorical Grants

A

Part of fiscal federalism

Federal aid that meets the criteria of a specific category

46
Q

Supermacy Clause

A

Constitution is the highest law of the land

All low life laws have to follow the constitution then the act of congress

47
Q

Powers denied to federal government

A

public school system, cannot tax anyone of the States

48
Q

Federalists

A

Did not think there was a need for a Bill of Rights

Did not think that state and local government were equipped to deal with issues

49
Q

Anti-federalists

A

Thought a Bill of Rights was necessary to keep National Government from just protecting the wealthy

50
Q

Formal amendment to constitution

A

Propose an amendment by 2/3 Congress or 2/3 of states request a convention

Then must be ratified by 3/4 of legislatures or 3/4 of states

51
Q

Number of amendments

A

27

52
Q

Informal amendment to constitution

A

Changes in how we interprate and use the constitution

Not actually a real change

Ex: different appeals courts established and highway speed limits

53
Q

Sources of the constitution

A

Primarily came from the philosophers

Compromises and plans

54
Q

Ratification of the constitution

A

Ratified by all 13 colonies

Maryland took the longest to ratify 2 years later

55
Q

Date of declaration of independence

A

July 4, 1776

56
Q

13th Amendment

A

Abolished slavery

57
Q

15th Amendment

A

Race can’t keep from voting

58
Q

19th Amendment

A

Gave women the right to vote

Gov and Econ (13 decks)

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