Test 2 Flashcards

0
Q

define civil rights

A

legal claims that citizens are entitled to make on the government. (how the government treats its citizens)

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1
Q

define civil liberties

A

protections from improper government actions. (what government must do)

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2
Q

what does the 9th amendment do

A

puts a seal on the rights of the people and equally sets boundaries for the government actions

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3
Q

amendment 1 restricts_______.

A

congress

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4
Q

amendments 2, 3, 4 restricts __________.

A

the executive

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5
Q

amendments 5, 6, 7, 8, 11 restricts ________.

A

the judiciary

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6
Q

amendment 14

A

puts amendments 5-8 on state governments

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7
Q

what do other amendments do

A

set limits on the authority of the government, or establish procedures for government actions

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8
Q

what case started doctrine of selective incorporation

A

palko v. Connecticut

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9
Q

under the doctrine of selective incorporation what does it mention about states

A

the states are put under the bill of rights

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10
Q

doctrine of selective incorporation didnt resrict state actions but _______.

A

applied bill of rights on a per need basis

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11
Q

establishment clause

A

the congress shall make no law respecting an establishment of religion

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12
Q

what does the establishment clause prohibit

A

establishing of church ( or state religion)

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13
Q

what does the establishment clause do

A

draws a wall between church and state

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14
Q

what case is the lemon doctrine based on

A

lemon v. kurtzman

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15
Q

what did the lemon doctrine do

A

established guidelines for gov funding for church affiliated schools

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16
Q

schools can be funded if they meet the following criteria

A

secular purpose, neither advances nor inhibits and religion, non gov and religious matters tangle

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17
Q

free exercise clause

A

protects citizens right to believe and practice their religious faiths

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18
Q

case involved in free exercise clause

A

city of boerne v. flores

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19
Q

what doctrine is associated with freedom of speech and press

A

doctrine of strict scrutiny. burden of proof on the giv if seeks ti regulate or inhibit free speech

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20
Q

what did the Republican Party convention of 1984 cause

A

flag burning incident

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21
Q

what Texas law did the Supreme Court declare unconstitutional

A

flag burning

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22
Q

case involved in freedom of speech

A

near v. minnesota

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23
Q

can the gov prohibit the publication

A

only under extraordinary circumstances

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24
Q

what can the press not do in legal court

A

press has no legal right to hold info from presentation in the court

25
Q

Libel

A

a written statement made in reckless regard of the truth if it is malicious, scandalous, or defanatory

26
Q

Slander

A

if the statement carrying the same type of contents is made orrally, it will be called slanderous

27
Q

Fighting words

A

speech that directly incites damaging contents

28
Q

second amendment

A

right to bear arms

29
Q

which amendments are involved in the due process of law

A

4, 5, 6 and 8. deal with individual rights of due process

30
Q

where is the concept of due process stated

A

5 amendment

31
Q

what is in the 5th amendment

A

double jeopardy, self incrimination, grand jury, eminent domain

32
Q

what case is involved in eminent domain

A

kello v. the city of new London. declared that private property can be acquired for another private purpose (development)

33
Q

define federalism

A

devision of powers and systematic relationship between levels of gov

34
Q

what is the gov divided between

A

federal and state gov

35
Q

article 1 section 8

A

defines powers of federal government

36
Q

10 amendment also called

A

reservation clause. defines powers of states

37
Q

article 1 section 8 gives _____ and ______ powers to the federal gov.

A

implied and expressed

38
Q

article 6 section 2

A

supremacy clause. treaties signed by federal gov will be supreme in all international matters

39
Q

US government has

A

supreme legal authority

40
Q

what does article 1 section 9 prohibit

A

federal gov

41
Q

9th and 10th amendments to the US constitution

A

gives powers to states and people

42
Q

13, 14, and 15th amendments were

A

1st time federal gov interfered with state gov

43
Q

2nd major involvement of federal gov in states gov?

A

civil rights act, racial equality, voting/political rights act

44
Q

article 4

A

horizontal federalism

45
Q

article 4 section 1

A

defense of marriage act

46
Q

article 4 section 2

A

citizens from each state entitled to same from other states

47
Q

article 4 section 3

A

new states to the union

48
Q

in favor of federal government

A

federalist papers 10 and 51. justice john marshall in favor if strong national gov.

49
Q

dual federalism

A

both govs worked independent of each other.

called LAYER CAKE

50
Q

cooperative federalism

A

govs worked together. called MARBLE CAKE

51
Q

new deal welfare programs

A

social security, tennessee valley development project, the works project admin, G.I. bill, establishment of national labor relations board

52
Q

great society programs/war on poverty programs

A

medicare, medicaid, AFDC,new name, food stamp,

53
Q

federal mandates

A

requirement by federal government required for everyone. ex seat belt

54
Q

grants in aid

A

money provided by the federal government to the states for different state and local prjects

55
Q

federal grants

A

money provided by the federal gov to the states and municipalities is provided under distribution formula

56
Q

categorical grants

A

money for specific prjects

57
Q

block grant

A

money in lump sum for different things

58
Q

population expression

A

powers back to states

59
Q

unfunded mandates

A

no child left behind