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26 Cards in this Set
- Front
- Back
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Colonial council |
appointed by governors to serve as supreme court for colony Connecticut Compromise/Great Compromise |
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Cooperative federalism (p. 76) |
a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally |
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Devolution (p. 84) |
transfer or delegation of power to a lower level, especially by central government to local or regional administration. |
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Dillon’s rule (p. 66) |
refers to a legal principle that more than one sovereign may prosecute an individual without violating the prohibition against double jeopardy |
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Federalism (p. 66) |
a political concept in which a group of members is bound together by covenant (Latin: foedus, covenant) with a governing representative head. |
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Intergovernmental grant (p. 78) |
A contribution of assets (usually cash) by one (1) governmental unit or other organization to another |
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Marble-cake federalism (p. 76) |
political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. |
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McCulloch v. Maryland (p. 71) |
Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government. |
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Necessary and proper clause |
Congress has power to make all laws necessary for governance of the state |
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Nullification |
The doctrine that states can set aside federal laws. Urged in the late 1820s by John C. Calhoun |
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Pork barrel projects |
the appropriation of government spending for localized projects secured solely or primarily to bring money to a representative's district. |
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Reapportionment |
Redistribution of representation in a legislative body, especially the periodic reallotment of US congressional seats according to changes in the census figures as required by the Constitution |
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spending clause |
permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. |
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State sovereign immunity |
states and government cannot be sued |
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Supremacy clause |
US constitution, federal statutes, and treaties are supreme law of land |
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Balancing doctrine |
early 1900s doctrine claiming the ability for people to be left alone by the government had to be balanced against national secuirty |
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Clear and present danger |
free speech can be curtailed if it threatens public welfare |
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Double jeopardy |
defendant cannot be tried again on the same charge |
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Due process clause |
The Fifth and Fourteenth Amendments to the United States Constitution contain a due process clause'. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. |
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Establishment of religion clause |
Congress shall make no law respecting an establishment of religion, or prohibiting free exercise thereof |
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Exclusionary rule |
evidence gathered against constitutional rights of accused are not admissable in court of law |
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Gideon v. Wainwright |
ruling that state courts must provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys. |
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Lemon test |
The statute must not result in an "excessive government entanglement" with religious affairs. (also known as the Entanglement Prong) The statute must not advance or inhibit religious practice (also known as the Effect Prong) The statute must have a secular legislative purpose. (also known as the Purpose Prong) |
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Mapp v. Ohio |
decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts |
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Miranda v. Arizona |
defendant must waive right to speak to an attorney and understand self-incrimination rules before interrogation evidence is admissable in court |
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Plea bargain |
an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor |
