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27 Cards in this Set

  • Front
  • Back
Full Faith and Credit
If there is a judicial proceeding, record, or public act in one state it’s legitimate in another state
Privileges and Immunities
everyone is entitled to the privileges and immunities given to citizens of that state.
Interstate Rendition/Extradition
• Extradition: outside the U.S.
• Rendition: between states
• Now have to grant rendition
Ex Post Facto Laws
a retroactive criminal law that works to the disadvantage of the accused.
Bill of Attainder
law passed by congress that singles out a particular people/group and punishes them without a trial.
Prohibited Powers
• NO expost facto laws
• No Bills of Attainders
• 5th amendment: no private property will be taken without just compensation
Implied Powers
• Inter-governmental tax immunity: state can’t tax federal government
• Necessar and Proper clause/ elastic clause
Express/Enumerated/Delegated Powers
• Article 1, section8: congress has power to coin money, tax, regulate weights, etc.
• Article 2: president has power to make appointments, commander in chief.
Reserved Powers/Police Powers
not given to national government nor prohibited from state
• Education, state courts,
• Police Powers
Due Process
citizens are protected against arbitrary governmental authority through proscribed standards
Equal Access Act
any secondary school receiving federal money must give equal access to religious groups using the public facilities.
Interstate Compacts
used to address issues that affect more than one state (Port Authority of NY and NJ)/ agreements between states
Interstate Commerce
never been defined
• shipment of goods in Gibbons vs. Ogden
• Manufacturing in NLRB vs. Jones-Laughlin Steel
• Advertising in Heart of Atlanta vs. U.S.
• Beef in Katzenburg vs. McClung
• Women in Mann Act
Horizontal Federalism
relations between states
• Full faith and credit
• Privileges and immunities
• Extradition/rendition
• Suits between states
• Interstate compacts
Vertical Federalism
relations between states and national government
• expansion of Bill of Rights
o incorporation
o civil rights amendments
• Expansion of Commerce Clause, Fiscal federalism
Sedition/Seditious Speech
speech that could cause revolt (clear and present danger test)
Pure Speech
verbally spoken (protected)
spoken words and conduct that may not be protected
Symbolic Speech
symbol becomes the surrogate or substitute for spoken word (armbands, flag burning)
Appellate Jurisdiction
a court that has jurisdiction to review cases and issues that were originally tried in lower courts.
Incorporation of the Bill of Rights
the absorption of the Bill of Rights through the 14th amendment “Due Process” clause so that those protections protect us against state and national government.
Bill of Rights
first ten amendments (wouldn’t be here without)
Eminent Domain
government can take private property for public domain ($)
1, 4, 6
Partially Absorbed
5, 8
Not absorbed
2, 3, 7, 9, 10