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52 Cards in this Set

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checks and balances
a major principle of the american government where by each branch of the government exercises a check on the actions of the others
separation of powers
the principle of dividing governmental powers among the executive, legislative, and judicial branches of government
police power
-10th ammendment
-powers not delegated to the national government nor prohibited from states, it is for the states and the people
-the state and local government have the right to regulate individual to promote the health safety welfare and morals
great compromise
-a bicameral legislature in which the house of representatives would be apportioned according to the number of free inhabitants in each state, plus 3/5 of slaves
-an upper house, the senate, which would have two members from each state elected by the state legislatures
Concurrent (shared) powers
-both governments may have them
-criminal laws
-regulate/create highways
-charter banks
judicial review
the power of the supreme court to declare acts of the other branches unconstitutional
confederal system
a system of government consisting of a league of independent states, each having sovereign powers the central government not only limited powers over the states
unitary system
a system in which local governments exercise only those powers given to them by the central government
federal system
a system in which power is divided between a central government and regional governments. Each level must have a domain in which its policies are dominant and a guarentee of its authority
concurrent powers
powers held jointly by the national and state governments
supremacy clause
the constitutional provision that makes the constitution and federal laws superior to all conflicting state and local laws.
necessary and proper clause
the clause in the constitution that grants congress the power to do whatever is necessary to execute its specifically delegated powers
elastic clause or necessary and proper clause
the clause in the constitution that grants congress the power to do whatever is necessary to execute its specifically delegated powers.
grants-in-aid block grants
federal grants-in-aid to states or local governments that are for specific programs or projects
federal mandate
a requirement in federal legislation that forces states and municipalities to comply with certain rules
cooperative federalism
a system in which the states and national government cooperate in solving problems
dual federalism
a system in which the states and the national government remain supreme within their own spheres. The doctrine looks on nation and state as co-equal sovereign powers.
writ of habeas corpus
-requires jailers to bring a prisoner before a court or judge and explain why the person is being held
-"you have the body"
civil liberties
the freedoms enjoyed by citizens in our democracy
establishment clause
the part of the first ammendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, questions of the legality of allowing or requiring school prayers, and questions of the teaching of evolution versus fundamentalist theories of creation
commercial speech
advertising statements
clear and present danger test
if words create a clear and present danger to our government then the government has the right to prohibit it.
libel
written for of defamation of character
slander
spoken form of defamation of character
symbolic speech
Such as wearing certain clothing. Protected under the 1st ammendment.
actual malice
total disregard for the truth
public figures
anyone who achieves fame or notoreity voluntarily
prior restraint
censorship before the act has already been committed
poll tax
a tax that must paid as qualification for voting
white primary
a state primary election that restricts voting to whites only; outlawed by the Supreme Court in 1944
grandfather clause
a device used to keep African Americans from voting by restricting the vote to those whose grandfathers had voted before 1867
literacy test
a test used as a precondition for voting
civil rights
all rights are rooted in the 14th ammendment's guarenttee of equal protection under law.
affirmative action
a policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups to overcome present effects of past discrimination
-"level the playing field"
reverse discrimination
the charge that an affirmative action program discriminates against those who do not have a minority status
suffrage
the right to vote; the franchise
feminism
the movement that supports political, economic, and social inequality for women
de facto segregation
racial segregation that occurs because of past social and economic conditions and residential patterns.
de jure segregation
racial segregation that occurs because of laws or administrative decisions by public agencies
separate but equal doctrine
the doctrine holding that separate but equal facilities do not violate the equal protection clause
-jim crow laws
mandatory retirement
forced retirement when a person reaches a certain age
cummings v. missouri (1867)
before you got licensed in Missouri you had to take an oath saying you were never a southern sympathizer during the war. Father Bernard Cummings had no license to preach, and he was fired and imprisoned for preaching without a license. He took it to court and the test oath was struck down because it was a bill of attainder
bill of attainder
singles out particular groups or people and punishes them without benefit of trial
McCulloch v. Maryland
state couldn't tax the national government
Marberry v. Madison (1803)
Election of 1800 Thomas Jefferson defeated John Adams. New president takes over in March. Federalist party was angry and changed the court system, reducing the amount of people on the Supreme court from 6 to 5 so Jefferson couldn't appoint a new judge. He also created 59 new judges in lower court, and appointed all federals. The secretary of state certified the appointments but only finished 42. William Marberry was appointed Chief Justice of DC, but was not certified. The new secretary of state, Madison, wouldn't certify Marberry. Marberry sued Madison under Writ of Mandamus. John Marshall was the secretary of state under John Adams, and the new chief justice of the supreme court. John Marshall said he could not compell Madison to certify Marberry because the Writ of Mandamus was unconstitutional.
Barron v. Baltimore (1833)
US Supreme Court ruled that the bill of rights did not apply to state government
Gitlow v. New York (1925)
US Supreme Court ruled that the 14th ammendment protects freedom of speech in the states by the first ammendment to the constitution
incorporation theory
the view that most of the protections of the bill of rights applies to state governments through the 14th ammendment's due process clause.
Engel v. Vitale (1962)
New York suggested a prayer spoken aloud at the the beginning of each day. At trial, the parents lost, but the US Supreme Court ruled it unconstitutional.
New York Times v. US (1971)
New York Times had documents on the US's secret involvement in the Vietnam war. The US government didn't want them to publish the papers. The New York Times was ruled in favor
Griswold v. Conneticut
prohibited anyone talking about birth control. Supreme Court struck down law saying it violated married couples right to privacy
penumbra
Shadow-the word privacy doesn't appear but ammendments relate to privacy-1,3,4,5,9
those cast a shadow, a zone of privacy