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50 Cards in this Set
- Front
- Back
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Symbolic Speech
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nonverbal expression, such as the use of signs of symbols. It benefits from many of the same constitutional protections of verbal speech
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Privacy Rights
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liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the 4th Amendments's protection against unreasonable searches and seizures
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Prior Restraint
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a limit on freedom of the press that allows the government to prohibit the media from publishing certain materials
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Miranda Rights
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the list of civil liberties described in the 5th amendment that must be read to a suspect before anything the suspect says can be used in a trial
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Miller Test
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established in Miller vs. California, the Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.
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Lemon Test
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established in Lemon vs. Kurtzman, the Supreme Court uses this test to determine whether a practice violates the 1st Amendment's establishment clause.
Ex: an example would be saying under god in the pledge of elegance |
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Fighting Words
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forms of expression that "by their very utterance" can incite violence. These can be regulated by the government but are often difficult to define.
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Due Process Rights
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the idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's "life, liberty, or property without the due process of law." Other specifics due process rights are found in freedom from illegal searches.
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Due Process Clause
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part of the 14th Amendment that forbids states from denying "life, liberty, or property" to any person without the due process of law. (A nearly identical clause in the 5th Amendment applies only to the national government.)
Coming into a house and not having a search warrant. Miranda rights came out of the Due Process Clause |
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Direct Incitement Test
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established in the Brandenberg v. Ohio, this test protects threatening speech under the 1st Amendment unless that speech aims to and it likely to cause imminent "lawless action."
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Commercial Speech
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expression with the aim of making a profit. It has received greater protection under the 1st Amendment in recent year but remains less protected than political speech.
For example: if Obama were to advertise his book in one of his speeches to encourage listeners to buy it |
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Clear and Present Danger Test
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estbalished in Scenk v. United States, this test allows the government to restrict certain types of speech deemed dangerous.
For example: Espionage Act and Sedition Act in WWI |
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Civil Liberties
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Basic political freedoms that protect citizens from governmental abuses of power.
For Example: freedom of speech and freedom of religion |
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States' Sovereign Immunity
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described in the 11th Amendment, this means that state governments cannot be sued in federal court
keeps the states protected by federal governments |
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Coercive Federalism
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a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding)
an example of coercive federalism is power of the purse--> government pressuring states to fund absence sex programs only |
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Unfunded Mandates
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Federal laws that require that states to do certain things but do not provide state governments with funding to implement these policies.
Ex: Americans with Disabilities Act: the government requires businesses to accommodate people with disabilities but the government will not provide the funding. |
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Fiscal Federalism
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A form of federalism in which federal funds are allocated too the lower levels of government through transfer payments or grants.
Public school funding through fiscal federalism is an example because we are granted money to spend on education |
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Cooperative Federalism
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A form of federalism in which national and state governments work together to provide services efficiently.
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Commerce Clause Powers
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the powers of Congress to regulate the economy granted in Article I, Section 8, of the Constitution
Another reason why Hamilton thought it was constitutional to form the first national bank of America |
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Dual Federalism
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a form of federalism favored by the Chief Justice Roger Taney in which national and state governments are seen as distinct entitites provideing separate services. This model limits the national government
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State Rights
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the idea that states are entitled to a certain amount of self-government, free of federal government intervention. This becomes a central issue in the lead up to the Civil War
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Privileges and Immunities Clause
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requiring that the states must treat non-state residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states.
An officer pulling you over for speeding regardless of your license plate. This is an example of national government and the commerce clause |
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Full Faith and Credit Clause
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requiring that each state's laws to respect other state laws.
Ex: a legal marriage in one state must be recognized across state lines |
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Unitary Government
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a system which the national, centralized government holds ultimate authority. The most common form of government in the world.
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Implied Powers
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powers supported by the constitution that are not expressly stated in it.
Both the implied powers and the necessary and proper clause are both ambiguous so around the constitution. Haiti and the Tsunami are implied powers now. When it is not stated in the constitution congress finds a way to administer its power through the implied powers. |
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Enumerated Powers
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powers explicitly granted to Congress, the President, and the Supreme Court in the first three articles of the Constitution.
Congress's power to raise and support armies and President's power as commander in chief |
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Commerce Clause
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gives Congress, "the power to regulate commerce among the several states" The Supreme Court interpretation of this clause has varied, but today it serves as the basis for much of congress legislation.
the First bank of America |
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Executive Powers Clause
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states "the executive power is vested in the President of the United States of America." This is a broad statement that has been used to justify many assertions of presidential power.
Commander in chief and power to veto a bill |
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Judicial Review
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the supreme court's power to strike down a law or executive branch action that it finds unconsitutional
Brown vs. Board of Ed |
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Power of the Purse
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the constitutional power of congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funds to punish executive agencies
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State Rights
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the idea that states are entitled to a certain amount of self-government, free of federal government intervention. This becomes a central issue in the lead up to the Civil War
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Privileges and Immunities Clause
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requiring that the states must treat non-state residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states.
An officer pulling you over for speeding regardless of your license plate. This is an example of national government and the commerce clause |
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Full Faith and Credit Clause
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requiring that each state's laws to respect other state laws.
Ex: a legal marriage in one state must be recognized across state lines |
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Unitary Government
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a system which the national, centralized government holds ultimate authority. The most common form of government in the world.
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Implied Powers
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powers supported by the constitution that are not expressly stated in it.
Both the implied powers and the necessary and proper clause are both ambiguous so around the constitution. Haiti and the Tsunami are implied powers now. When it is not stated in the constitution congress finds a way to administer its power through the implied powers. |
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Enumerated Powers
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powers explicitly granted to Congress, the President, and the Supreme Court in the first three articles of the Constitution.
Congress's power to raise and support armies and President's power as commander in chief |
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Commerce Clause
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gives Congress, "the powe to regulate commerce among the several states" The Supreme Court interpretation of this clause has varied, but today it serves as the basis for much of congress legislation.
the First bank of America |
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Executive Powers Clause
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states "the executive power is vested in the President of the United States of America." This is a broad statement that has been used to justify many assertions of presidential power.
Commander in chief and power to veto a bill |
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Judicial Review
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the supreme court's power to strike down a law or executive branch action that it finds unconsitutional
Brown vs. Board of Ed |
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Power of the Purse
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the constitutional power of congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funds to punish executive agencies
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Elastic Clause
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grants congress the power to pass any law that is related to one of its expressed powers
The congress holds power through the commerce clause in 1971 Hamilton argued that he has the right to open a national bank because he carried out powers of taxation and the borrowing of funds. It's necessary and proper to have a national bank throughout the states. |
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3/5 Compromise
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state's decision during the constitutional convention to count every slave as 3/5 of a person for the purpose to determining state districts based on the population.
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National Supremacy Clause
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stating congress is the "supreme Law of the land" meaning national laws take over state laws if the two conflict
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Great Compromise
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a compromise between the large and small states at the constitutional convention in which the congress would have two houses: a senate with two legislators per state and a house of representatives where legislation would be based on each states population.
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Virginia Plan
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a plan proposed by the large states at the constitutional convention in which representation in the national legislation would be based on population. The plan also included a variety of other proposals to strengthen national government.
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New Jersey Plan
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A plan in response to the VA Plan by the small states at the constitutional convention offered this plan in which each state representation in the national legislation would be equal regardless of state population size.
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Antifederalists
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those at the constitutional convention who favored strong state governments over a strong national government
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Federalists
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those at the constitutional convention who favored a strong national government over strong state governments
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Factions
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groups of like-minded people who try to influence the government. The American government is set up to avoid domination by any one of these groups.
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Limited Government
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a system in which the powers of government are restricted to protecting against tyranny.
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