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74 Cards in this Set

  • Front
  • Back
Judicial Review
Power to declare federal or state acts, unconstitutional
Great Compromise
compromise between New Jersey and Virginia plans to create congress based on population and then one member for each state
Confederate System
states sovereign in own entity
Unitary System
Central government yields power over subdivisions
Wouldn't work in U.S. b/c too diverse
Federal System
power divided between central and regional governments (U.N.)
Grants-in -aid black grants
federal programs that provide funds to state and local governments
Categorical Grants
federal grants that are very specific
Shared/Concurrent powers
both governments have these (highways, criminal laws)
Federal Mandate
a requirment in federal legislation that foces states to comply with certain rules
Supremacy clause
If conflict occurs the national government trumps the state government
Cooperative Government
national and state government cooperate in solving problems
Dual Federalism
National and state governments are supreme on their own levels
necessary and proper clause
"elastic clause"
Article 1
living document
Police Power
government has right to regulate actions for health, safety, welfare, or morals of community
Concurrent Powers
shared powers (criminal laws, highways
10th Amendment
reserved powers (aren't given to national nor prohibited from state)
11th Amendment
citizens can't sue government
Writ of Habeas Corpus
"Of Body"
must be brought in front of judge and told what you're being charged with
Civil Liberties
personal freedoms
Commercial speech
advertising statements (can be regulated)
Establishment Clasue
prohibits establishment of church officially supported by the national government
Free Exercise Clause
Guarantees the free exercise of religion
absorption of the Bill of Rights
Completely absorbed
1, 4, 6
Partially absorbed
5, 8
Not absorbed
2, 3, 7, 9, 10
Clear and Present Danger Test
determines when government can restrict free speech
defamation in written form
Defamation in spoken form
Exclusionary Rule
evidence that is taken illegaly is not admissable in court of law
actual malice
In libel case, total disregard for the truth
prior restraint
cersorship by government
Civil Rights
14th amendment
De Facto Segregation
racial segregation that occurs because of past social and economic conditions
De Jure Segregation
racial segregation that occurs because of laws
Full Faith and Credit
Act in one state is recognized in another
between states
outside of the U.S.
Ex Post Facto
a retroactive criminal law that works to the disadvantage of the accused (prohibited power)
Bill of Attainder
law passed that singles out a specific group or people
Prohibited powers
Expost facto laws
bills of attainder
taking private property without just compensation
Implied powers
inter-governemtal tax immunity
necessary and proper clasue
Express/enumerated powers
power to tax, coin, weights,
pres, to make appointments
reserved powers
police powers
Equal Access Act
any secondary school receiving federal money must give equal access to religious groups using public facilities
Horizontal Federalism
Full faith and credit
privileges and immunities
vertical federalism
expansion of Bill of Rights
Expansion of Commerce Clause
speech that causes riot/revolt
Appellate Jurisdiction
a court that has jurisdiction to review cases and issues that were originally tried in lower courts
Eminent Domain
government can take private property for public domain ($)
Article 1
article 2
article 3
Article 4
horizontal federalism
article 5
article 6
test oaths, supremacy clause
1st amendment
religion, speech, press, assembly
2nd Amendment
right to bear arms
3rd amendment
quartering soliders
4th amendment
search and seizure
5th amendment
eminent domain
grand jury
double jeopardy
6th amendment
right to speedy, public trial
7th amendment
8th amendment
bail, cruel and unusual punishment
9th amendment
rights that aren't spelled out
10th amendment
reserved powers of state
11th amendment
can't sue government
13th amendment
abolished slavery
14th amendment
defines citizenship
15th amendment
voting rights to all
24th amendment
no poll taxes
Article 1, section 8
delegated powers
Article 1, section 9
denied powers
Article 1 section 10
state denied powers