Midterm - Chapters 3, 4, 5 Flashcards
Federalism
A way of organizing a nation so that two or more levels of government have authority over the same land and people.
System of shared power between units of government.
Supremacy clause
Article VI of the Constitution which makes
Constitution, national laws, and treaties» state laws
long as national government is acting within constitutional limits
Enumerated powers
Powers of the federal government that are specifically addressed in the Constitution
Power: to coin money, regulate its value, and impose taxes
Listed in Article I, Section 8 for Congress
Implied powers
Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article I.
Fiscal federalism
The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.
Bill of Rights
The first ten amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press guarantee defendants’ rights.
First Amendment
The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
Incorporation doctrine
Legal concept under which the Supreme Court has nationalized the Bill of Rights
by making most of its provisions applicable to the states through the 14th Amendment.
Free exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Prior restraint
A government preventing material from being published
Common method of limiting press in nations
Usually unconstitutional in US- 1st Amendment
Confirmed in 1931 Supreme Court case of Near v. Minnesota
Libel
Publication of false or malicious statements that damage someone’s reputation
Exclusionary rule
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.
Self-incrimination
Situation when an individual accused of a crime is compelled to be a witness against himself in court
Forbidden by 5th Amendment
Eighth Amendment
Forbids cruel and unusual punishment - doesn’t define this phrase
Through the Fourteenth Amendment, this Bill of Rights provision applies to the states
right to privacy
The right to a private personal life free from the intrusion of government.
Civil Rights
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals
14th Amendment
Adopted after the Civil War states:
no state can make/enforce any law that abridges privileges or immunities of citizens of the US
no state can deprive anyone of life, liberty, property without due process of law
or deny any person equal protection of the laws
13th Amendment
Ratified after the Civil War
Forbade slavery and involuntary servitude
Civil Rights Act of 1964
Law that forbade racial discrimination in hotels, motels, and restaurants
and many forms of job discrimination
15th Amendment
Adopted in 1870 to extend suffrage to African Americans
Poll Taxes
Small taxes levied on the right to vote at a time of year when poor African-American sharecroppers had least cash on hand
Used by most Southern states to exclude African Americans from voting
Declared void by 24th Amendment in 1964
19th Amendment
Guarantees women the right to vote
Adopted in 1920
Affirmative Action
Policy that give special attention to/compensatory treatment for disadvantaged groups
