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70 Cards in this Set
- Front
- Back
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implied powers
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-derived from necessary and proper clause (Article I, Section 8)
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necessary and proper clause
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article I Section 8
provides Congress with authority to make all laws necessary and proper |
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reserved powers
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10th amendment
powers that are reserved for states (coercion, power to define private property) |
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full faith and credit clause
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Article IV, Section 1
requires that states honor public acts and judicial decisions that take place in another state |
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Defense of Marriage Act in 1996
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state do not have to recognize same-sex marriage even if it legal in another state
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privileges and immunities
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Article IV, Section 2
state cannot discriminate against someone from another state or give its own residents special privileges "comity clause" |
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Interstate Compact Clause
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Article I, Section 10
authorizes states to negotiate agreements; Port Authority of NY and NJ |
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Interstate Rendition Clause
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governments of states forced to extradite criminals
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home rule
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power delegated by the state to a local unit of government to manage its own affairs
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dual federalism
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system of govt that prevailed from 1789-1937, in which most fundamental governmental powers were shared between the federal and state govts
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commerce clause
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Article I, Section 8
gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with indian tribes." interpreted by SC to favor national power over the economy |
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McCulloch v. Maryland
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-favored national power
-Congress had power to charter bank -necessary and proper clause -1819 |
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Gibbons v. Ogden
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-favored national
-steamboat monopoly -power to regulate interstate commerce given to Congress -1824 |
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cooperative federalism
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existing since the New Deal in which grants-in-aid used strategically to encourage states (without commanding) to pursue nationally defined goals.
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grants-in-aid
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-general term for funds given by congress to state govts
-form of federal influence |
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categorical grants-in-aid
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-earmarked by law for specific categories
-project grants:states/local submit proposals -formula grants |
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regulated federalism
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-from 1960s
-natl govt actually regulates states by threatening to withhold grant money unless state/l govts conform to natl standards |
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unfunded mandates
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-standards/programs imposed withouth funding
-Unfunded Mandates Reform Act (UMRA)-stop, look and listen |
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block grants
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-Reagan
-funds given with relatively few restrictions on how they may be spent |
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devolution
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delegating to the states more and more authority
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state sovereign immunity
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legal doctrine holding that states cannot be sued for violating an act of Congress
-11th amendment |
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U.S. v. Lopez
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-1995
-fueled interest in 10th amendment -Court stated Congress had exceeded its authority under commerce clause -struck down federal law that barred handguns near schools |
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states rights
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-Printz v. US
-City of Boerne v. Flores -U.S. v. Lopez -US v. Morrison -Gonzales v. Oregon |
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Gramm Rudman Act of 1986
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-struck down
-mandated balanced budget |
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US v. Nixon
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Pentagon papers
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state sovereign immunity
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legal doctrine holding that states cannot be sued for violating an act of Congress
-11th amendment |
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U.S. v. Lopez
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-1995
-fueled interest in 10th amendment -Court stated Congress had exceeded its authority under commerce clause -struck down federal law that barred handguns near schools |
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states rights
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-Printz v. US
-City of Boerne v. Flores -U.S. v. Lopez -US v. Morrison -Gonzales v. Oregon |
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Gramm Rudman Act of 1986
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-struck down
-mandated balanced budget |
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US v. Nixon
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Pentagon papers
-since New Deal, SC far more deferential except for 5 confrontations |
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executive privilege
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confidential communication between president and president's close advisers should not be revealed without consent of president
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writ of habeas corpus
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court order demanding that individual in custody be brought into court and shown cause for detention. guaranteed and can be suspended only in cases of rebellion or invasion
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civil liberties
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-protections of citizens from improper governmental action
-Bill of Rights |
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civil rights
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-legal or moral claims that citizens are entitled to make on the govt
-14th amendment |
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Barron v. Baltimore
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-1833
-city of Baltimore put gravel in Barron's wharf and destroyed it -grounds: under 5th amendment, Baltimore uncostitutionally deprived him of property -lost; confirmed "dual citizenship" -dual citizenship meant that Bill of Rights did not apply to decisions or procedures of state govts |
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Slaughter house cases
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1873
-federal govt under no obligation to protect "privileges and immunities" of citizens against arbitrary actions by state govt |
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eminent domain
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power of public agencies to seize private property
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Gideon v. Wainwright
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right to counsel in criminal trial
-expanded 14th amendment |
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Mapp v. Ohio
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"exclusionary rule"
-expanded 14th amendment |
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Miranda Rule
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convention derived from the 1966
-expanded 14th amendment |
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Benton v. Maryland
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double jeopardy
-expanded 14th amendment |
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establishment clause
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first amendment
-says "Congress shall make no law respecting an establishment of religion." -wall of separation between church and state |
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Lemon v. Kurtzman
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-Lemon test
-criteria for government aid to religious schools |
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free exercise clause
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first amendment
-protects a citizen's right to believe and practice whatever religion they choose -West Virginia State Board of Ed v. Barnette:Jehovah witnesses |
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strict scrutiny
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-criteria used by SC in racial discrimination cases and other cases involving civil liberties/rights. Strict scrutiny places burden of proof on govt.
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clear and present danger
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criterion used to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society
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speech plus
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speech accompanied by activities such as demonstrations
-protection is conditional -restrictions imposed by state/l govts acceptable is properly balanced by considerations of public order |
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prior restraint
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effort by govt agncy to block the publication of material it deems libelous or harmful in some other way; censorship.
-courst forbid it except under the most extraordinary circumstances -Near v. Minnesot |
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Near v. Minnesota
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1931
-freedom of press from prior restraint |
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NY times v. US
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-Pentagon papers
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libel/slander
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libel is written. slander is oral
-statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory." |
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Ny Times v. Sullivan
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newspaper had to deliberately print false and malicious material
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exclusionary rule
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ability of courts to exclusde evidence obtained in violation of 4th amendment
-Mapp v. Ohio |
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Bowers v. Hardwick
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-roommate let police in
-arrested for sodomy -SC ruled against Hardwick |
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Lawrence v. Texas
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state legislatures no longer had authority to make private sexual behavior a crime
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1st Amendment
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-Political speech
-Symbolic speech, speech plus, rights of assembly and petition -freedom of press -commercial speech |
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2nd amendment
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right to bear arms
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4th amendment
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searches and seizure
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5th amendment
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-due process
-grand juries -double jeopardy -self incrimination -eminent domain |
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6th amendment
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right to cousel
right to a speedy trial right to confront witnesses before impartial jury |
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8th amendment
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-excessive bail
-excessive fines -cruel and unusual punishment |
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equal protection clause
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-14th amendment
-guarantess citizens "the equal protection of the laws." -basis for the civil rights |
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Civil Rights Act of 1875
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Court declared it unconstitutional on the grounds that it sought to protect blacks from discrimination by private businesses
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de jure segregation
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racial segregation that is a direct result of law of official policy
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de facto segregation
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racial segregation that is not a direct result of law or govt policy, but is a reflection of residential patters, income distributions or other social factors
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intermediate scrutiny
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test used by SC in gender discrimination cases
-places burden partially on gov and partially on challenger |
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Violence against Women Act
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defined gender biased violent crimes as a matter of civil rights and created a civil rights remedy for women who have been the victims of such crimes
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US v. Wong Kim Ark
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anyone born in US entitled to full citizenship
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Adarand Constuctors v. Pena
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race based policies must survive strict scrutiny, placing the burden on the govt to show that such affirmative action programs serve a compelling govt interest
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Bakke v. UC regents
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Court permitted universities to take minority status into consideration but limited use of quotas
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