Fed gov Exam 2

Federalism

A system in which power is divided between the national and state governments.

New Federalism

A system in which the national government restores greater authority back to the states.

Marble Cake Federalism

Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs.

Layer Cake Federalism

Federalism characterized by a national government exercising its power independently from state governments.

Unitary Government

A centralized government in which all government powers belong to a single, central agency.

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise

Congress shall make no law prohibiting the people's right to religion.

Selective Incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment.

Responsibilities of the Legislative Branch

Power to make laws, levy taxes, and impeach.

Responsibilities of the Judicial Branch

Power of judicial review (declare laws & actions unconstitutional).

Responsibilities of the Executive Branch

To carry out, enforce, and administer laws.

Civil Liberties

Constitutional freedoms guaranteed to all citizens.

Civil Rights

The rights of citizens to political and social freedom and equality.

Black Codes

Laws that restricted African Americans' rights and opportunities.

Jim Crow Laws

Laws designed to enforce segregation of blacks from whites.

Grandfather Clause

A clause allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.

Civil War Amendments

The 13th, 14th, and 15th Amendments, which abolished slavery and granted civil liberties and voting rights to freed slaves.

Plessy v. Ferguson

A 1896 Supreme Court decision that legalized state-ordered segregation as long as facilities were equal.

Brown v. Board of Education

1954 Supreme Court case that declared racially segregated facilities inherently unequal.

Civil Rights Act of 1964

Outlawed discrimination based on race, color, religion, sex, or national origin.

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law.

Roe v. Wade

(1973) Supreme Court case that legalized abortion based on a woman's right to privacy.

Nullification

A state's refusal to recognize an act of Congress that it considers unconstitutional.

McCulloch v. Maryland

Supreme Court case that ruled federal law is stronger than state law.

Reserved Powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people.

Emancipation Proclamation

Freed all slaves in Confederate territory.

Dual Federalism

A system where both states and the national government are supreme within their own spheres.

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government.

Enumerated Powers

Powers given to the national government alone.

Supremacy Clause

Article VI of the Constitution which makes the Constitution, national laws, and treaties supreme over state laws.

Bill of Rights

The first ten amendments to the Constitution.

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition.

2nd Amendment

Right to bear arms.

3rd Amendment

No quartering of soldiers in private homes.

4th Amendment

Freedom from unreasonable searches and seizures.

5th Amendment

Right to remain silent and due process.

6th Amendment

Right to a speedy trial by jury and representation by an attorney.

7th Amendment

Right to jury in civil trials.

8th Amendment

No cruel or unusual punishment.

9th Amendment

Citizens entitled to rights not listed in the Constitution.

10th Amendment

Powers not delegated to the United States are reserved to the states.

Miranda Rule

Constitutional rights police must read to a suspect before questioning.

De Jure Segregation

Racial segregation that occurs because of laws or administrative decisions.

De Facto Segregation

Segregation resulting from economic or social conditions or personal choice.

Equal Protection Clause

Constitutional guarantee that everyone be treated equally under the law.

Strict Scrutiny

A Supreme Court test to determine if a law denies equal protection.

Intermediate Scrutiny

A test used in gender discrimination cases placing the burden of proof on both parties.

Rational Basis Test

Standard for testing the constitutionality of a law.

Balancing Test

Weighing First Amendment rights against the needs of the community.

Affirmative Action

Policy designed to improve economic and educational opportunities for minority groups.

Concept of Federalism

Separation of powers within an overarching political system.

Evolution of Federalism in the U.S.

Federalism has evolved from distinct divisions of power to a more intertwining relationship.

Federal Government Powers and Responsibilities

Includes implied and enumerated powers.

State Government Powers and Responsibilities

Includes police powers and concurrent powers.

Balancing Separate Governing Entities

Achieved through checks and balances and separation of powers.

Three Ways to Structure Government

Unitary system, federal system, confederation.

Reason for Developing a Federal System

To balance power and create a constitutional framework.

Structural Characteristics of Federalism

Includes division of powers and autonomy of government levels.

Different Conceptions of Federalism

Includes fiscal, cooperative, and dual federalism.

Civil Liberties Definition

Basic freedoms to think and act that are protected.

Freedom of Religion Clause

Congress shall make no law respecting an establishment of religion.

Freedom of Speech Definition

The right to express opinions without censorship.

Symbolic Speech Definition

Nonverbal communication protected by the First Amendment.

Limitations on Symbolic Speech

Certain forms of dissent can be restricted by the government.

Freedom of Press Definition

The right of journalists to publish without restriction.

Provisions of the 2nd Amendment

Includes prefatory and operative clauses.

Importance of the 3rd Amendment

Protection of privacy against government intrusion.

Provisions of the 4th Amendment

The right against unreasonable searches and seizures.

Provisions of the 5th Amendment

Details rights related to criminal proceedings.

6th Amendment Rights

Rights related to a speedy trial and legal representation.

7th Amendment Protection

Right to a trial by jury in civil cases.

Provisions of the 8th Amendment

Limits on excessive bail, fines, and punishments.

Provisions of the 9th Amendment

Establishes a framework for future rights.

Provisions of the 10th Amendment

Limits federal power and empowers states.

Right to Privacy Definition

The right to a private life free from government intrusion.

Difference Between Civil Liberties and Civil Rights

Civil liberties focus on freedom from government interference, while civil rights ensure equal treatment.

Basis for Civil Rights

Equal protection clause of the Constitution.

Methods Used to Suppress African Americans Post-Civil War

Including black codes, Jim Crow laws, and voter suppression tactics.

Civil War Amendments (13th, 14th, 15th)

Abolished slavery, guaranteed civil rights, and voting rights.

Brown v. Board of Education (1954)

Overturned Plessy v. Ferguson; declared racial segregation violates the Equal Protection Clause.

Relationship Between U.S. Government and Native American Tribes

Based on mutual respect and recognition of tribal sovereignty.