Foundations of Gov. Test Flashcards
Civil liberties
Protections against the government
safety of opinion
Civil Rights
Positive acts the government makes to make constitutional guarantees a reality for all people
14 Amendment
Due Process Clause
no State can “deprive any person of life, liberty or property, without due process of law”
Establishment clause
Guards against establishing a mandated religion
Freedom from being forced to be religious
Free Excercise Clause
Guards against the government interfering in the exercise of any religion
Freedom for religion
Cases that involve religion and education
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)
Lemon v. Kurtzman
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
Lynch v. Donnelly
Allowed the display of a nativity scene with other nonreligious objects on public land
Count of Allegheny v. ACLU
prohibited exclusively christian holiday
Pittsburgh v. ACLU
allowed a multi-faith holiday display
Marsh v. Chamber
Chaplains to open daily sessions of Congress and state legislatures
Free Excersize Clause
Limits actions that violate social duties or disrupt social order
Ex: using poisonous snakes during religious sermonies
IS THIS COVERED OR NOT UNDER CLAUSE????
What do the freedom of speech and press not protect?
Libel and slander
Libel
the false and malicious use of written words
Slander
the false and malicious use of spoken words
Sedition
the crime of attempting to overthrow the government by force, or to violently disrupt its lawful activities
Seditious speech
Speech that urges sedition
Alien and Sedition Acts
made scandalous or false criticism of the government illegal
expired before 1801
Sedition Act of 1917
Crime to encourage disloyalty or spread anti-government ideas during a time of crisis
Smith Act of 1940
Forbade advocating violent overthrow of the government, and belonging knowingly to any group that does
Symbolic speech
Expression by conduct
Only covers so much. Not destroying draft cards, but it does encompass flag burning
Picketing
the patrolling of a buisness site by workers on strike, is a prevalent form of symbolic speech
Commercial Speech
Speech for business purposes, usually advertising
can’t mislead, advertise illegal good, promote tobacco on radio and TV
Time-Place-Manner Regulations
The government can make and enforce rules regarding the time, place, and manner of assemblies
Ex; can’t assemble near schools and courthouses
Content neutral
When regulation the right to assemble, government officials can not place restrictions on what the assembly is trying to say
Can regulate time, place
Right of association
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
Federalism
A system of government in which a written consitution divides the powers of government on a territorial basis
Strength in federalism
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)
Dual Federalism time
Until 1930
Dual Federalism
Circle theroy
went by constitution
Delegated powers
National government
Implied powers
Reasonably implied but not in the constitution
Elastic Clause
Ex: state lines make it federal
Inherent powers
belong to the national government because it is the national government and a sovereign state
Ex: immigration, diplomats, defend the nation
Powers denied to the States
Can not enter into a treaty, alliance, or confederation
Cant coin money
No state can tax any of the agencies of national government
Eminent domain
Take away property
supposed to improve community
Layer cake federalism
National government exercising power independently from state governments
Each level of government exercises its own control over its own sphere of influence
McCulloch v. Maryland
Court made clear federal law makes precedent over state laws
Court case: It is the national government’s job to maintain banks
Who were McColluch and Maryland?
McColluch: Banker who did not want to pay the tax
Maryland: wanted to tax the banks
Marble cake federalism
After 1930
Layers blended
Federal government more intrusive
Grants-in-aid programs
New Deal
Grants-in-aid programs
Funds given by the federal government to state and local government to aid the unemployed
Roosevelt
Creative Federalism
LBJ
Greater reliance on federal programs
Sharing costs
Unfunded Mandates
Unfunded Mandates
Programs and regulations imposed on state/local government by Congress with out enough funding
Competitive Federalism
Nixon and Reagan
Power back to states (devolution)
States have to come up with own solutions to solving problems
Fiscal Federalism
How much funding is appropriated by the federal government to the state, under what conditions, and what states can do with the funds
Categorical Grants
Part of fiscal federalism
Federal aid that meets the criteria of a specific category
Supermacy Clause
Constitution is the highest law of the land
All low life laws have to follow the constitution then the act of congress
Powers denied to federal government
public school system, cannot tax anyone of the States
Federalists
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
Anti-federalists
Thought a Bill of Rights was necessary to keep National Government from just protecting the wealthy
Formal amendment to constitution
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
Number of amendments
27
Informal amendment to constitution
Changes in how we interprate and use the constitution
Not actually a real change
Ex: different appeals courts established and highway speed limits
Sources of the constitution
Primarily came from the philosophers
Compromises and plans
Ratification of the constitution
Ratified by all 13 colonies
Maryland took the longest to ratify 2 years later
Date of declaration of independence
July 4, 1776
13th Amendment
Abolished slavery
15th Amendment
Race can’t keep from voting
19th Amendment
Gave women the right to vote
