Unit 2 Test Flashcards
Federalism:
shared power between 2 levels of government - national and subnational
Competitive federalism
States complete w/each other for citizens and businesses
Unitary system
An alternative to federalism; some nations do not divide powers - the central government decides everything
[Interstate] commerce clause
anytime anything goes across state lines, national government can make the rules
Power of the purse
Congress gives $ to states (can use this to bribe states)
Implied powers
Necessary and Proper Clause
10th amendment
reserved clause “powers not delegated to the US…”; everything the National government can’t decide is up to the States
Police powers
capacity of the states to regulate behavior and enforce order within their territory
Fiscal federalism
division between governmental functions and the financial relationship between them
Categorical grant
grants issued by Congress which can be spent for narrowly defined purposes
Block grant
grant from central gov. Which a local authority can allocate to a wide range of services
Benefits/costs of federalism
Permits regional Differences, 2. Permits innovation and experimentation, 3. Provides many avenues for change
Preemption laws
if the State doesn’t like liberal city laws, it can pass pre-emption laws to prevent cities from enacting specific pieces of legislation
Sanctuary cities
broad term that applies to cities that protect undocumented residents in various ways; for example; they can provide city resources to all residents
Enumerated/expressed powers:
expressed powers are directly stated in the constitution. Enumerated powers are the fancy word for that: collect taxes, coin money, declare war, make rules for military conduct, and raise and maintain armies
Necessary and proper clause:
Congress has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing Powers
Supremacy clause
national laws trump state laws
Civil liberties
religion, speech, press, assembly, to petition the government
Bill of Rights:
the first 10 amendments to the US Constitution - freedom of speech, assembly, and worship
Habeas corpus:
right to appear before a court
14th Amendment
equal protection clause, states can’t discriminate unreasonably against groups
Due Process clause/due process of law:
fair treatment through the normal judicial system
Stouffer study
1950s study on civil rights during the cold war that asked, “what do you think about freedom of speech” and then, “should we allow Communists, Socialsists, and Athiests to speak in public?” 27% said yes to communists, 60% to Socialists, and 37% to Athiests.
Limits to free speech
fighting words = immediate threat to safety, libel/slander = harmful, false statements, Commercial Speech = can be limited for public good, like no cigarette commercials on TV or false advertising, Obscenity = difficult to define
Imminent lawless action test
speech is not protected by the first amendment if the speaker intends to incite a violation of the law that is imminent and likely
Antifa
anti-fascist action; a group that violently resists the far right and white supremacist ideologies
Microagression
an indirect, subtle, and sometimes even unintentional discrimination against a minority group
Establishment clause:
Congress shall make no law respecting an establishment of religion - forbids government from establishing an official state religion
Free exercise clause
or prohibiting the free exercise thereof (establishment clause and free exercise clause can be in tension)
Schenck v. US
distributed pamphlets encouraging draftees to resist the draft in wartime,, supreme court ruled against him b/c it posed a clear and present danger
Brandenburg v. Ohio (late 60s)
Brandenburg was a KKK member who organized a rally in Ohio and called the newspaper for publicity. At the rally, they argued that the KKK would have revenge if white ppl continued to be supressed, Ohio argued that it was a clear and present danger, but the Supreme court ruled in his favor b/c of the passive wording he used.
Elonis v. United States
do you have to intend language to be threatening to be punished? Defense: he was just venting; artistic expression, supreme court ruled in his favor
Good News Club v. Milford Central School (2001)
milford central school allowed the club to use their facilities after school, the townsfolk wanted it to be approved for a private Christian organization for children. Supreme court decided they could have the club
Santa Fe Independent School District v. Doe (2000)
Can a public school allow a prayer over the PA system before varsity football games? Students voted in favor of prayer, but supreme court decided they can’t pray
Jack Phillips Cake Baking
he didn’t want to bake for gay couples, offered to sell any pre-made cake, he won on narrow legal grounds
Mapp v. Ohio (1961)
police enter Mapp’s house w/out a warrant, looking for bomb suspect, find illegal material. She “won” because they couldn’t use illegally obtained evidence due to the exclusionary rule
Plessy v. Ferguson (1896)
separate but equal facilities provide equal protection
Super PAC
We can’t limit campaign spending because it is free speech; groups can spend as much as they want to elect/defeat candidates
Miranda warnings:
rights that police must read you
Probable cause:
reasonable grounds
Double jeopardy
the prosecution of a person twice for the same offense
Self-incrimination
the act of exposing oneself to a crime -5th amendment “no person shall be compelled in any criminal case to be a witness against himself”
Exclusionary rule
law that prohibits the use of illegally obtained evidence in a criminal trial
Tainted evidence in other countries
can still be used, like in Canada
Privacy:
not a right included in the Bill of Rights or constitution; people argue that the implications of the amendments = zones of privacy
13, 14, 15, and 19th amendments:
13th: ends slavery, 14th: due process/equal protection, 15th: right to vote, 19th: women’s right to vote
poll tax
a tax levied as a prerequisite for voting - many southern states used them to keep African Americans from voting
Literacy test
kept minorities from voting
Grandfather clause
a clause that said your grandfather had to have been able to vote for you to vote
White primary
elections in the South where only white voters could participate
Civil Rights Act of 1964
ends discrimination
Voting Rights Act of 1965
ends practices like literacy tests
Constitution and slave trade
⅗ compromise: enslaved people counted as ⅗ of a person; importation of enslaved people was allowed until 1808
Jim Crow laws/segregation
state and local laws that enforced racial segregation
Plessy v. Ferguson
1896, “separate but equal” facilities provide equal protection
The franchise/Disenfranchisement
States could legally comply with 15th Ammendment but practically deny the right to vote.
Lynching
death without a trial; mob justice
Great Migration
Mass migration of 60 million African Americans who left the south and moved to big cities
Civil Rights Movement
Non violent protests, but always had the possibility of violence; Brown v. Board of Education overturns; Plessy v. Furgeson in 1954 overturned segregation, Civil disobedience
De jure:
of the law
De facto
of fact
Mass incarceration/felon disenfranchisement:
500% incarceration increase, felon disenfranchisement: in some states incarcerated people can’t vote - de facto
Suffrage
Women’s right to vote
Women’s Rights Movement
Granted right to vote in 19th ammendment
Glass ceiling
an unofficially acknowledged barrier to advancement in a profession; especially affecting women and minorities
1963 Equal Pay Act
meant to abolish wage disparity
Title IX
Higher Ed Act, universities were denied federal funding if they discriminated against women
Sodomy laws
were declared unconstitutional in Lawrence v. Texas (2003)
Gay marriage
made legal in 2015 in Obergefell v. Hodges
