Quiz 2 Flashcards
List
3 eras of federalism (and their cakes)
- 1789-1933: dual federalism (“the layer cake”)
- 1933-1981: cooperative federalism (“the marble cake”)
- 1981-Present: contested federalism (“the super-swirl cake”)
Describe
dual federalism
lasted from 1789 to 1933
known as “the layer cake”
marked by clear-cut responsibilities for separate branches
gave state governments equal authority to federal government
Describe
cooperative federalism
lasted from 1933 to 1981
known as “the marble cake”
began with strengthening of federal government by FDR and New Deal
marked by blurred roles for state/federal government
Describe
contested federalism
lasted from 1981 to present
known as “the super-swirl cake”
marked by mixing of governing authority with a sprinkle of partisan conflict
involves a constant struggle between federal and state governments fueled by partisan conflict
Define and explain
devolution
Definition: transfer of authority from national government to state/local governments
Significance: attempted by the Reagan administration
Define and explain
new federalism
Definition: approach that says that authority from federal officials should be shifted to state/local officials
Significance: aligns with political philosophy of devolution
Define and explain:
progressive federalism
Definition: approach that says national government should set program goals while states determine how to achieve them
Significance:
Define and explain
unfunded mandates
Definition: obligation imposed on state/local government officials by federal/state legislation without sufficient funding support to cover the costs
Significance: imposes unreachable goals upon lawmakers to meet requirements without resources to do so; stifles state-based and local innovation by increasing the web of federal regulations
Define and explain
preemption
Definition: invalidation of a state law that conflicts with a federal law
Significance:
Define and explain
civil liberties
Definition: limits on government so that individuals can exercise personal freedoms
Significance: protects citizens from improper actions by the government
Define and explain
civil rights
Definition: obligations of government to protect citizens from illegal actions of other private citizens or government agencies
Significance: indiscriminately provides citizens with freedom to participate in full life of community
Explain
difference between civil liberties and civil rights
- civil liberties* place restrictions on how government can interfere with freedoms
- civil rights* force government to intervene when freedoms are infringed
Define and explain
Establishment Clause
Definition: clause of 1st Amendment of U.S. Constitution that states that Congress shall make no law establishing or favoring one religion over another – or religion over no religion
Significance:
Define and explain:
strict separation of Establishment Clause
Definition: interpretation of the Establishment Clause that calls for maximum possible separation of church and state
Significance: requires that strict principles articulated in the Lemon test be used in judging whether or not a law violates the Establishment Clause
Define and explain
Lemon test
Definition: three-pronged test to determine whether or not a law violates the Establishment Clause based on the notion of strict separation
Significance: attempted to clarify the vagueness of “excessive governmental entanglement”
List
Lemon principles
- law must have secular purpose
- law must neither advance nor inhibit religion
- law must not excessively entangle government in religion
Define and explain
accommodation
Definition: interpretation of the Establishment Clause that holds that the government does not violate the Establishment Clause as long as it does not confer advantage to some religions over others
Significance: fundamentally opposes the concept of strict separation by taking a much more laid-back approach to the separation of church and state
Define and explain
strict scrutiny
Definition: a test of whether a law violates a fundamental constitutional right by determining whether or not the law is essential to achieve “compelling state interest”
Significance: places the burden on the government to prove that a restriction on the freedoms of speech/press is constitutional
List
3 standards of strict scrutiny in 1st Amendment cases
- law must achieve a “compelling state interest”
- law must be narrowly tailored
- law must use least restrictive means
List
3 examples of unprotected speech
- speech that presents a present and clear danger
- libel/slander
- obscenity
Explain
Schenk v. United States (1919)
Explain
Chaplinsky v. New Hampshire (1942)
Explain
R.A.V. v. City of St. Paul (1992)
Explain
Wisconsin v. Mitchell