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273 Cards in this Set
- Front
- Back
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______ is the constituional sharing of powers between the state and national government
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Federalism
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Every American holds ______ with the ______ and ______.
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Dual citizenship
United States Their individual state |
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The National government posses ______,______,_____ and ______ powers.
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Inherent
Delegated Implied Concurrent |
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_______are powers which are crucial to national sovereignty
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Inherent Powers
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National Sovereignty is ______
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freedom from external control
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______ powers do not rely on specific constituitional stipulations. The most signifigant of these are foreign policy, making treaties and maintaining diplomatic relations.
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Inherent Powers
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Administration of the court says a judge has the power to decide what goes on in his court, this in an example of ______ powers.
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Inherent Powers
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The ______ power of the president would be the authorization of ______ surveillance.
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Inherent
Warrant-less |
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The Patriot Act is an example of ______ powers.
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Inherent
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The Patriot Act was signed by ______ on ______.
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George W. Bush
October 26, 2001 |
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There are ______ titles in the Patriot Act.
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10
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Patriot Act stands for....
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Uninting and strengthing of America by providing appropriate tools required to intercept and obstruct terrorism Act of 2001
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Between the years of ___&___, ______warrant applications were made to FISC. ______ were approved.
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1979 & 2006
22,990 22,985 |
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Title ______ addresses wire tapping.
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206
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The reauthorized Patriot Act permits the tapping of....
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any device used by a particular target rather than a single device.
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Title _____ seems to be in court all the time
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206
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National Security Letters (NSLs) were ____ created by the Patriot but were ______ by the Patriot Act.
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Not
Used |
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The National Security Letters are equivalent to a ______.
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Grand Jury Subpoena
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The Patriot Act's original sunset date was?
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December 31, 2005
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The reauthorized act was signed into law by ______ on ______.
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President Bush
March 9, 2006 |
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Title ______ allows the FBI to obtain a warrant in secret.
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215
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The special court from which the FBI can obtain secret warrants is called?
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FISC
Foreign Intelligence Surveillance Court |
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The ______ act of ______ identifies the procedures for surveillance & collecting information
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Foreign Surveillance Act
1978 |
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Section ______ orders are now restricted to be authorized by ______.
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215
3 top level officials |
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The reauthorized patriot act contains....
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27 civil liberty safe guards
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A new sunset date for the Patriot Act is set for
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December 31, 2009
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National Security Letters allow FBI agents to search telephone, internet, email and financial records......
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without a court order
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Section ______ deals with National Security Letters
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505
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The FBI can use NSLs to request the recodrs of individuals who ______ connected to terrorism.
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are not
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It is estimated that ______ NSLs are issued anually.
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30,000
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In the reauthorized Patriot Act NSL gag provisions changed, A high ranging official would have to certify that...
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disclosure of the letter would result in a danger to national security.
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The recipient of an NSL has the right to____
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challenge the validity of the letter
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Libraries, except those that ______ are exempt from recieving NSLs.
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provide electronic communication services
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The Attorney General is required to submite a report ______ on all NSL requests.
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twice a year
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Section 213 deals with what kind of searches and warrants?
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Sneak and Peek
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Warrants under section 213 are issued under__________.
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reasonable cause
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The FISC warrant requirements are _______ than standard warrants
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less stringent
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Traditional warrants are issued under__________.
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probable cause
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The reauthorized Patriot Act requires that notice of a search be given within _____ of the time the warrant is executed.
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30 days
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___________ Powers are powers that the Constituition specifically assigns to one of the 3 branches of government.
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Delegated
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Article one of the constituition addresses the ______ powers.
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Legislative
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Article two of the constituition addresses the ______ powers.
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Executive
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Article three of the constituition addresses the ______ powers.
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Judicial
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The power to coin money and regulate interstate commerce is a ______ power.
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Delegated
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The power to create a post office is a ______ power.
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Delegated
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These powers cannot exist without a delegated power.
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Implied powers
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The constituitional basis for implied powers is the ______.
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Necessary and proper clause
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Implied powers are addressed in_________.
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Article 1 section 8
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_______powers give congress the right to make all laws which are necessary for carrying out the delegated powers
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Implied
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the power to create a bank or draft men are examples of ________ powers.
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Implied
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The state government exercises both ______ and ______ powers.
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Concurrent
Reserved |
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________ powers are executed by both the state and federal government.
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Concurrent
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States cannot use their ______ to interfere in national policies.
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Concurrent powers
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According to article 6, the constituition and federal laws are superior to_________.
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any conflicting state and local laws
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Article 6 is known as the _______.
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National Supremacy Law
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The power to levy taxes and and maintain courts are examples of ______.
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Concurrent Powers
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The power to charter banks and of eminent domain are example of ________.
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Concurrent powers
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______ is the power to appropriate private property for public use.
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Eminent Domain
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_____ powers are only exercised at the state level.
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Reserved
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______ powers are identified in the 10th Amendment.
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Reserved
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______ powers are neither delegated to the U.S. by the constitution nor prohibited by it to the states or to the people
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Reserved
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The ______ amendment provides states with police power.
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10th
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______ powers gives the states the power to pass laws that govern such activities as crime, education, marriage and land use,
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Reserved (police) powers
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Police (reserved) powers gives the authority to legislate for the ________________of the people.
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health
morals safety welfare |
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The 10th amendment is alos known as the ______ or _______ amendment.
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reserve
residual powers |
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The issuance of birth and death certificates is an example of ______ powers.
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reserved
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The regulation of intrastate commerce is an example of _______ powers.
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reserved
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The regulation of marriages and divorces is an example of _______ powers.
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reserved
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The regulation of gambling is an example of _______ powers.
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reserved
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Article ______ section ______ provides a list of restrictions on the government.
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Article 1 Section 9
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Artile _____ Section _____ prevents bills of attainder.
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Article 1 Section 9
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The government ______ pass ex post facto laws.
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cannot
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______ is any law that designates as criminal an act that was not a crime when it was committed or may also increase the punishment.
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Ex post facto
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The protection from ex post facto only applies to _______.
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Criminal law
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______ are laws that would declare a person guilty of a crime without a trial.
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Bills of attainder
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______ do not prevent retroactive laws which would benefit the accused.
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ex post facto laws
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The laws which prevent bills of attainder have roots in ___________.
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English common law
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It was not uncommon for ______ to find citizens guilty of _____ w/out a tril, seize their property and sentence them to death.
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King of England
Treason |
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Article 1 section 9 prohibits the suspension of______.
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the writ of habeas corpus
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_____ literally means you bring the body.
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habeas corpus
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_____ is an order that requires a jailor to bring the accused before a court or judge and explain why he/she is being held.
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writ of Habeas Corpus
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________ is an application process and is known as a post conviction remedy.
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writ of habeas corpus
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the most common complaint used during the writ of habeas corpus process is ______.
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Ineffective council.
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Gave blacks the right to vote
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amendment 15
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called for the direct election of senators
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amendment 17
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gave women the right to vote
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amendment 19
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eliminated the poll tax
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amendment 24
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changed the voting age to 18
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amendment 26
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The ____ amendment provides for privileges and immunities, due process and equal protection.
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amendment 14
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interstate obligations is also known as _______.
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horizontal federalism
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Article ____ of the constitution provides certain protections for citizens of a state.
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4
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Article ___ and ____ of the Louisiana constitution prohibits same sex marriages.
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12 and 15
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The defense of marriage act was signed into law in ____ by ______.
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1996
President Clinton |
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Article 4 requires ______ to enforce the civil judgements of other courts and accept their public records as valid documents.
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all 50 states
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Article 4 applies to non-criminal judicial proceedings such as_____________.
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Birth certificates and
Divorce Decrees |
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The ________act stipulates that no state shall be required to give effect to a law with any other state with respect to same sex marriage.
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Defense of Marriage Act
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The Defense of Marriage Act defines marriage as_______.
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being between a man and woman
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By the end of 2006 ___ states passed legislation similar to that of the defense of marriage act.
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39
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Article 4 addresses _______.
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Full faith credit
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States must extend to the citizens of other staes the same _____ granted to their own citizens.
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privileges and immunities
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States are not allowed to impose unreasonable _________.
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residency requirements
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A state cannot legally set two different _________.
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income tax rates
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Individuals who hold a ________ license would have to meet the requirements set by the state they are moving to.
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professional or occupational
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Students who attend a college outside of their home state, often have to _____________.
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pay higher tuition rates
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people seeking a hunting or fishing liscense in a state that they do not reside can expect to ______.
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higher license fee
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rendition
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state
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extradition
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country
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in the past, ______, have refused to return fugitives on the grounds of ___________.
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governors
unsafe prison conditions and questions over a fair trial |
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it has become harder for ______ to refuse the return of fugatives because_____.
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governors
a fleeing felon who crosses state lines is a federal offense and the federal government is the principal actor |
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______ can admit new states to the union but there are no _________.
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congress
fixed rules for admission |
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a territory that wished to join as a state must petition congress and they will be granted__________.
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a congressional enabeling act
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a congressional enabeling act allows____________.
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the drafting of a constitution
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Alaska is state _____
Hawaii is state ______ both were admitted in |
49
50 1959 |
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In the erly U.S. history the court ______ the growth of federalism.
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assisted
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After the civil war and up to the late 1930's the court was ________ of state's rights.
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a champion
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From the 1930's to the present the court has supported the expansion of _________.
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the powers of the federal government
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Year of the McCulloch vs. Maryland
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1918
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The decision in the case of McCulloch vs.Maryland was crutial for two reason, they are.....
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it established the power of implied national powers and national supremacy
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In McCulloch vs. Maryland, the bank in question was located in what city and state?
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Baltimore, Maryland
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In McCulloch vs. Maryland, the bank was a branch of ____________.
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The Bank of the United States
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In McCulloch vs. Maryland, the state of Maryland created a law that was going to ______.
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tax any bank that was not chartered by the state
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The Bank of the United States was a creation of congress to ________.
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Control the issuance of currency
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who was the Cashier when Maryland went to the U.S. bank to collect the tax?
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James McCulloch
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James McCulloch _______to pay the the tax.
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refused
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McCulloch's attorney argued that_________.
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A state cannot tax an instrument of the federal government
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Maryland believed it was their right to tax any___________.
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institution within their boundries
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Maryland argues that the constitution did not specifically give the federal government the right to_____.
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create a bank
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In McCulloch vs. Maryland, who was the ruling chief justice?
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John Marshall
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John Marshall wrote that although the constitution dod not specifically give the power to charter a bank, it can be implied throught the________.
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necessary and proper clause
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The necessary and proper clause is located in _______.
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Article 1 section 8
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Marshall pointed out that the constitution does give the power to tax, spend and coin money so a federally chartered banks is....
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a suitable instrument to carry out these activities
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Marshall said that no state could use its ______ powers to interfere with the execuition of ___________. His statement established....
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concurrent
the national governments duties doctrine of national supremacy |
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The doctrine of national supremacy is located in ____.
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article 6 of the constitution
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A complex system of dual federalism was created____.
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after the civil war
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Dual federalism is also known as ______.
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the layer cake model.
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______ clearly defined and seperated areas of regulation for the state and federal government.
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dual federalism
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dual federalism created _____.
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co-equal sovereign powers
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under dual federalism, the supreme court used _______ to restrict the powers of the federal government.
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the 10th amendment
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dual federalism remain in effect until____
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the mid 1930's
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during the time of dual federalism the federal government focused on____.
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the delegated powers
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during the time of dual federalism the state focused on domestic issues such as _____.
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education
social welfare health care criminal justice system |
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during the time of dual federalism the ability of crongress to legislate under the commerce clause was....
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very limited
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currently there are no limitations on the federal power to legislate in the areas of______.
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commerce and general welfare
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It has become almost ______ to use the ______ to limit the scope of the federal governments powers
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impossible
10th amendment |
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Year of Barron vs. Baltimore
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1833
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in the case of Barron vs. Baltimore the supreme court ruled that restrictions found on gov. power, could only be applied to___________.
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the federal government
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it was not until _______ that the supreme court ________ the bill of rights,
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the 20th century
nationalized |
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the nationalization of the bill of rights can be found_____.
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In the 14th amendment
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____ is the allocation of legislative seats to a populations.
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apportionment
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_______is the re-drawing of legislative district lines to recognize the existing population distribution
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re-apportionment
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year of reynolds vs. sims
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1964
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in the case of reynolds vs. sims, the court ruled that state legislative districts must be_______.
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apportioned only according to population even though the districts are not drawn with mathematical precision
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seats in both houses houses of the state legislature must be based on _________.
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population
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in the case of reynolds vs. sims the supreme court implemented______.
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one man, one vote principal
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all votes are equal when each member of the legislative body____.
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represents the same number of people
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Year of the voting rights act
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1965
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The voting rights act enforced the _______ amendment.
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15th
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the voting rights act was created with the intent of ________.
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preventing discrimination
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The voting rights act was signed into law by __________ in _________.
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Linden B Johnson
August 1965 |
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If a state was determined to be within a ______, it would be subjected to a series of voting requirements.
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covered jurisdiction
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a state would be put in a covered jurisdiction if they used____________.
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any test or device that restricted the ability to vote on or before november 1, 1964
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If less than ___% of the of the voting age population voted in the 1964 election you were considered______.
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50
covered |
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In _____ six whole states were considered covered jurisdictions, they are....
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1965
Alabama,Mississippi,Georgia,S.Carolina,Virginia,Louisiana |
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In_____ congress expanded the coverage formula to include which 3 new states.
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1975
Texas,Arizona,Alaska |
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In_____ congress expanded the voting rights act formula to include_________.
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November 1972
language minority |
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Under the language minority expantion the state was considered covered if more than _____% of an area spoke a different language.
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5%
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The language minorities included_______,_______,
_______, and________. |
American Indian, Asian American,Alaskan natives,Hispanic
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If any political or campaign material was printed in only______ then you were in violation of the voting rights act.
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English
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The voting rigths act has been amended_______ times.
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4
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The voting rights act was amended in which years....
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1970,1975,1982,2006
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The 1982 amendment to the voters rights act provided_________.
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Bailout Provisions
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In order to be approved for a bailout from a covered jurisdiction you have to be violation free for_______ years prior to your application.
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10
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The 1982 voters right act amendment outlawed an arrangement which would have___________.
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Weakened minority voting power
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The 2006 amendment to the voters right act was signed by________ and extended it for___________.
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Bush
25 years |
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Sections of the act are set to expire in_______ and will require___________.
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2031
reauthorization |
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The 1st amendment
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speech,press,petition, assembly,religion
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The 2nd amendment
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right to bear arms
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The 3rd amendment
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quartering of soldiers-not required to house a soldier in peace time
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The 4th amendment
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unreasonable search and seizure
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The 5th amendment
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self incrimination,double jepoardy, due process, and emanate domain
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The 6th amendment
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criminal court procedures, right to attorney,public and speedy trial,fair and impartial jury
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The 7th amendment
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right to a trial by jury and common law cases
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The 8th amendment
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cruel and unusual punishment and exessive bail
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The 9th amendment
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enumerated right amendment,just because a right is not stated in the constitution does not mean you are denied that right
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The 10th amendment
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reserved or residual
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the bill of rights was intended to keep the national government fomr _______.
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interfere with individual liberties
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the billof rights limited the rights of the ________government not the ______government
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national
state |
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in barron vs. baltimore the supreme court ruled that ____.
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the bill of rights limits the powers of the national not the state government
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barron was seeking compensation under _____.
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emanante domain
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barron lost business because
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the city changes the flow of the streams during construction and his warf was inexcessable.
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The civil war led to the ______ amendments.
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civil war
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Prior to the civil war, citizens had to look for assistance from _______ for the protection of the most basic of civil liberties.
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their state constitutions
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The 13, 14, and 15th amendments are also known as the_______.
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civil war amendments
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The 13th amendment deals with________.
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slavery and involuntary servitude
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The 14th amendment addresses __________.
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privileges and immunities, dual process and equal protection
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The_____ amendment has proven to be the most influential in protecting citizens from state interference.
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14th
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The________ clause was used first to try to control state actions.
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privileges & immunities
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The______ clause was used in the slaughter house cases in an attempt to control the behavior of Louisiana.
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privileges & immunities
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The useof the privileges and immunities clause was_____ against Louisiana in the slaughter house cases.
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unsucessful
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What was at issue in the Louisiana slaughter house case.
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A Louisiana law that created a slaughter house monopoly
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The independent butchers brought suit against the state claiming that _______.
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the monopoly violated their privileges and immunities, specifically their right to operate
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in the slaughter house case the supreme court ruled that______.
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the butchers had not been deprived of their right to do business they were merely subject to qualifications
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What 2 distinct citizenships did the court say that the 14th amendment recognize.
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U.S. and state citizenship
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The court ruled that most of the fundamental rights that a citizen enjoyed were derived from the___.
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state citizenship
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The court believed that the privileges and immunities that were held by a citizen and were protected by the 14th amendment applied to your_____.
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national citizenship
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The court believed that the privileges and immunities that were held by a citizen and were protected by the 14th amendment did not extend to the________
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states responsibilty of enforcing the federal bill of rights
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Because the privileges and immunities was unavailable, the citizens next turned to the________ clause of the 14th amendment.
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equal protection
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Gitlow vs. New York was extremely important because____________.
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it caused the gradual nationalization of the bill of rights to begin to take place
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What was at issue in Gitlow vs. New York.
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the free speech and press
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The Supreme Court upheld the New York law that convicted Benjiman Gitlow but they______________.
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Added a statement to their decision which changed the course of history
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In Gitlow vs. New York the court ruled that___________.
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free speech and free press could not be deprived by the states b/c these were fundamental rights protected by the due process clause protected by the 14th amendment
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Through the Supreme Court's interpretation of the due process clause the nation _____________
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began to see the application of the federal bill of rights to the state treatment of its own citizens
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The process of the application of the federal bill of rights to the state treatment of its own citizen is known as_______.
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incorporation doctrine
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Gradually and over time almost all ______ have been incorporated into the due process clause of the 14th amendment.
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the major portions of the bill of rights
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Since ___ the due process clause of the 14th amendment has been___________.
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interpreted by the courts to forbid state denials of 1st amendment freedoms and certain procedural rights
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Our procedural rights are addressed in the ___,___,___, and ___ amendments.
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4th,5th,6th,8th
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the 4th amendment has been interpreted through what two doctrines.
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legal formalism
legal realism |
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the doctrine of legal formalism was interpreted to mean
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a man's home was his castle and that there is an inalienable right against personal and governmental intrusion
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Under what two clauses were used so that the government could not acquire an individuals private papers.
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reasonableness clause of the 4th amendment
self incrimination clause of the 5th amendment |
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Under this doctrine it did not matter that the state complied with established procedure and gathering information it was the content that was the deciding factor
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legal formalism
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Under this doctrine the manner in which evidence is obtained rather than the content of the evidence was the determining factor
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legal realism
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This doctrine highlighted the movement of procedural protection over content protection
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legal realism
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What doctrine does the court currently operates?
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formal realism
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What is at he heart of the interpretation of the 4th amendment?
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to understand reasonable and probable cause
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The 4th amendment prohibits search and seizure but__________.
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it does not define it
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________ helps define the 4th amendment.
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legal maxim
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The_____ says it is unreasonable for a police officer to look for an elephant in a matchbox.
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legal maxim
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Most of the time reasonable is defined as_____,______,and______
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sensible,rational,justifiable
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The courts also tend to define reasonable on a
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case by case basis
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There is no strict definition of
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reasonable cause
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The circumstances of each case will determine
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reasonable cause
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Probable cause is generally understood to mean
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stronger than reasonable suspicion
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The sum total of information and what the police heard, know and observe is known as
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totality of circomstances
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What is the key determination of whether a judge will grant an officer a warrant
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probable cause
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Lawful searches and arrests can be made without a warrant but cannot be not made without
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probable cause
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What are the 2 sources of probable cause
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observational and the smell test
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What source of probable cause is where the officer uses his personal experiences and senses.
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observational
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What source of probable cause does the individual's furtive conduct helps establish probable cause
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smell test(if it doesn't seem right it probably isn't
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These are physical actions of an individual particularly suspicious, questionable, or secretive behavior
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furtive conduct
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What behaviors would contribute to probable cause
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fleeing the police,physical evidence like tire marks,admissions immediately following apprehension,improbable money,the presence at the crime scene and association with other known criminals
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Informational is established through
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official and unofficial sources
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Official sources include
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police dispatch bulletins and warrant notices
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Unofficial sources include
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witnesses,victims,and informants
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What are two facts about warrants
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all warrants are based on probable cause it is a constitutional requirement and it is a judge not an officer who determines if probable cause exists
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What are the exceptions to the warrant rule
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1. if a suspect consents2. cars in public places3. hot pursuit4. accidental discorvery5. inventory search6. incidental to lawful arrest or lunge rule
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This was created in 1914 and it originally applied only to the federal level and in 1961 was applied to the state level
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Exclusionary rule
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The exclusionary rule applies to
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all citizens and immigrants documented or undocumented who reside in the United States
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The exclusionary rule states that
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evidence obtained illegally must be excluded from trial no matter how incriminating the evidence
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This is a judge made rule and is not located in the constitution
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exclusionary rule
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The exclusionary rule was created to
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prevent governmental misconduct
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As a whole the exclusionary rule does not
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reduce the amount of evidence seized
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What are exceptions to the exclusionnary rule.
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1. inevitable discorvery 2. good faith
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_______ permits evidence that has been seized illegally to be introduced when it would have been discovered anyway
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Inevitable discovery
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______ is if the police conduct a search using a warrant that turns out ot be invalid the evidence is admissable, the warrant error has to be minor or technical
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Good Faith
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The exclusionary rule has been expanded to include_____.
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searches that shock the conscience
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Who decides if shock exists?
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the courts
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The exclusionary rule has also been expanded to include_____.
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fruit of the poisonous tree
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______ means that any evidence obtained as a result of an illegal search is excluded from trial.
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fruit of the poisonous tree
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If the primary source is proved to be illegal then the ________ is also inadmissable.
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secondary evidence
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Prior to 1961 evidence was admissable in state trials even if________.
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it had been gathered illegally
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In this case the court ruled that states may not use illegally seized evidence in criminal trials.
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Mapp vs. Ohio 1961
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The court ruled in the case of Argersinger vs. Hamlin that______.
1972 |
the right to an attorney is extended to defendants who are charged with misdemeanors who face the possibility of jail time
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The court ruled in the case of Escobedo vs. Illinois that______.
1964 |
criminal suspects have the right to counsel during police interrogations
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The court ruled in the case of Gideon vs. Wainwright that______.
1963 |
courts are required to provide counsel to indigent defenddants in serious criminal cases
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Gideon vs. Wainwright said that the right to counsel is _______
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a fundamental right that is available to all regardless of social position. A person can refuse the counsel and defend themselves.
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The court ruled in the case of Betts vs. Brady that______.
1942 |
states were not required to appoint an attorney to indigent defenders charged with a felony
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any words or actions on thepart of the police that the police should know are reasonably likely to produce a sef-incrinimating response from the suspect.
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functional equivalent interrogation
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The court ruled in the case of Innis vs. Rhode Island that _____.
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Innis had not been subjected to a fuctional equivalent form of interrogation
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The court ruled in the case of Miranda vs. Arizona that _______.
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prior to questioning a person in custody, they must be warned or advised by the state that he/she has certain rights
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The Miranda decision defined interrogation in which two ways?
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express/direct questioning
functional equivalent |
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_____ is the questioning by an officer after a person is in custody. (person is not free to leave)
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custodial interrogation
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____is a restraint placed on an individuals freedom of movement which rises to the level of formal arrest.
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fuctional equivalent
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the only unincorporated right is the right to_____. A state can choose to use either a ____ or _____.
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a grand jury
a grand jury(inditement by jury) a prelim hearling (by judge) |
