Midterm - Chapters 3, 4, 5

Question 1

Federalism

Answer 1

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.

Question 2

Supremacy clause

Answer 2

Article VI of the Constitution which makes
Constitution, national laws, and treaties» state laws
long as national government is acting within constitutional limits

Question 3

Enumerated powers

Answer 3

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

Question 4

Implied powers

Answer 4

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.

Question 5

Fiscal federalism

Answer 5

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.

Question 6

Bill of Rights

Answer 6

The first ten amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press guarantee defendants’ rights.

Question 7

First Amendment

Answer 7

The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.

Question 8

Incorporation doctrine

Answer 8

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.

Question 9

Free exercise clause

Answer 9

A First Amendment provision that prohibits government from interfering with the practice of religion.

Question 10

Prior restraint

Answer 10

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

Question 11

Libel

Answer 11

Publication of false or malicious statements that damage someone’s reputation

Question 12

Exclusionary rule

Answer 12

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.

Question 13

Self-incrimination

Answer 13

Situation when an individual accused of a crime is compelled to be a witness against himself in court
Forbidden by 5th Amendment

Question 14

Eighth Amendment

Answer 14

Forbids cruel and unusual punishment - doesn’t define this phrase
Through the Fourteenth Amendment, this Bill of Rights provision applies to the states

Question 15

right to privacy

Answer 15

The right to a private personal life free from the intrusion of government.

Question 16

Civil Rights

Answer 16

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

Question 17

14th Amendment

Answer 17

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

Question 18

13th Amendment

Answer 18

Ratified after the Civil War

Forbade slavery and involuntary servitude

Question 19

Civil Rights Act of 1964

Answer 19

Law that forbade racial discrimination in hotels, motels, and restaurants
and many forms of job discrimination

Question 20

15th Amendment

Answer 20

Adopted in 1870 to extend suffrage to African Americans

Question 21

Poll Taxes

Answer 21

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

Question 22

19th Amendment

Answer 22

Guarantees women the right to vote

Adopted in 1920

Question 23

Affirmative Action

Answer 23

Policy that give special attention to/compensatory treatment for disadvantaged groups