We The People 14th Edition Chapter 3 and 4

Federalism

a system in which power is divided, by a constitution

unitary system

A centralized government system in which lower levels of government have little power independent of the national government

intergovernmental relations

the processes by which the three levels of American government (national, state, local) negotiate and compromise over policy responsibility

expressed powers

specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)

implied powers

powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

neccessary and proper clause

the "implied powers" clause located in Article I, Section 8, Clause 18 of the Constitution. It states that aside from the enumerated powers given to the federal government, it also has the power to pass any law that can be traced back to those powers "delegated" in the Constitution.

reserved powers

powers derived from the tenth amendment

concurrent powers

authority possessed by both state and national governments, such as the power to levy taxes

police power

power reserved to the state government to regulate the health, safety, and morals of its citizens

Full Faith and Credit Clause

requiring that the states normally honor the public acts and judicial decisions that take place in another state

privilages and immunities clause

prohibits states from enacting laws that unduly discriminate in favor of their residents

home rule

power delegated by the state to a local unit of govt to manage its own affairs

Dual Federalism

the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

grants-in-aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

categorical grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law

Cooperative Federalism

a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals; also known as "intergovernmental cooperation"

regulated federalism

Congress imposes legislation on states and localities, requiring them to meet national standards

Preemption

the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack

states' rights

the right of states to limit the power of the federal government

Devolution

a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

NEW FEDERALISM

attempts by presidents Nixon and Reagan to return power to the states through block grants

general revenue sharing

the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments

unfunded mandates

a law or regulation requiring a state or local government to perform certain actions without providing funding for fulfilling the requirement

Civil Liberties

areas of personal freedom constitutionally protected from government interference

Habeas Corpus

An order to produce an arrested person before a judge.

Bill of Rights

First 10 amendments to the Constitution

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Establishment Clause

the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion"; this law means that a "wall of separation" exists between church and state

Free Exercise Clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

clear and present danger test

test used to determine whether speech is protected or unprotected

fighting words

speech that directly incites damaging conduct

speech plus

sitins, picketing, and demonstrations

prior restraint

an effort made by a governmental agency to block the publication of material is deems libelous

Libel

a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

slander

an oral statement made in "reckless disregard of the truth" that is considered damaging to the victim because it is "malicious, scandalous, and defamatory"

due process law

the right of every individual against arbitrary action by national or state governments

exclusionary rule

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

grand jury

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence

double jeopardy

cannot be tried twice for the same crime

Miranda Rule

the constitutional rights which police must read to a suspect before questioning can occur

right to privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

eminent domain

the right of the government to take private property for public use

USA Patriot Act

Greatly increased surveillance powers of the national government.

2001 No Child Left Behind Act

Introduced unprecedented federal intervention in public education.

Every Student Succeeds Law

Returned power to the states to evaluate schools/

Loving v. Virginia

A U.S. Supreme Court decision which ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution

Defense of Marriage Act

A federal act that no state shall be required to recognize a same-gender marriage performed in another state

Obergefell v. Hodges

A U.S. Supreme Court decision which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution.

McCulloch v. Maryland

A U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures. The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.

Gibbons v. Ogden

A U.S. Supreme Court decision which held that the power to regulate interstate commerce, which is granted to the US Congress by the Commerce Clause of the US Constitution, encompasses the power to regulate navigation.

Civil Rights Act of 1875

Elimination of discrimination against African Americans in public accommodations and trasnportation.

United States v. Lopez

A U.S. Supreme Court decision that struck down the Gun-Free School Zones Act of 1990 as it was outside of Congress's power to regulate interstate commerce.

Affordable Care Act of 2010 (Obamacare)

Increased health insurance coverage for the uninsured and implements reforms to the health insurance market. This includes many provisions that are consistent with AMA policy and holds the potential for a better health care system.

used the Massachusetts Health Care Reform as a template.

Americans with Disabilities Act of 1990

A civil rights law that prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government' programs and services.

Dobbs v. Jackson Women’s Health Organization

A U.S. Supreme Court decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. Overturned Roe v. Wade

Palko v. Connecticut

A U.S. Supreme Court decision that states’ existing power to determine their own laws on a number of fundamental civil liberties issues.

Kennedy v. Bremerton

A U.S. Supreme Court decision that including prayers in student football games is unconstitutional, even when delivered by students rather than staff and even when students themselves initiated the prayer.

West Virginia State Board of Education v. Barnette

A U.S. Supreme Court decision that the First Amendment protects students from being compelled to salute the American flag or say the Pledge of Allegiance in public schools.

Burwell v. Hobby Lobby Stores

A U.S. Supreme Court decision in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation that its owners religiously object to, if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom Restoration Act of 1993.

Alien and Sedition Acts

Made it a crime to say of publish anything that might tend to defame of bring into dispute the government of united states.

Espionage Act of 1917

Prohibited obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation.

Citizens United v. Federal Election Commission

A U.S. Supreme Court decision banned corporate funding of a political advertisement supporting or opposing particular candidates because it prohibits government from regulating.

Dennis v. United States

A U.S. Supreme Court decision that upheld the constitutionality of the Smith Act (1940), which made it a criminal offense to advocate the violent overthrow of the government or to organize or be a member of any group or society devoted to such advocacy.

Tinker v. Des Moines

A U.S. Supreme Court decision that recognized the First Amendment rights of students in U.S. public schools. A group of high school students wore black armbands to school to protest the Vietnam War. The students were disciplined by the school for wearing the armbands, and the students filed a lawsuit arguing that their armbands were a form of symbolic protest protected by the First Amendment.

Hague v. Committee for Industrial Organization

A U.S. Supreme Court decision that the government cannot prohibit speech-related activities such as demonstrations or leafleting gin public areas traditionally used for that purpose.

NAACP v. Alabama

A U.S. Supreme Court decision that held that requiring the NAACP to produce records including names and addresses of its members was a violation of those members' freedom of association.

Near v. Minnesota

A U.S. Supreme Court decision that held that, except under the most extraordinary circumstances, the First Amendment prohibits government agencies from preventing news or magazines from publishing whatever they wish.

New York Times Co. v. United States (The Pentagon Papers)

A U.S. Supreme Court decision that the government could not block publication of secret defense department documents furnished to the New York Times by an opponent of the Vietnam War who had obtained documents illegally.

New York Times Co. v. Sullivan

A U.S. Supreme Court decision that to be found libelous, a story about a public official not only had to be untrue but also had to result from “actual malice” or “reckless disregard” for the truth.

Communications Decency Act of 1996 (CDA)

Designed to regulate the online transmission of obscene material.

Reno v. American Civil Liberties Union

A U.S. Supreme Court decision that struck down the CDA, ruling that it suppressed speech that “adults have a constitutional right to receive” and that governments may not limit the adult population to messages fit for children.

The PROTECT Act of 2008

Outlawed efforts to sell child pornography via the internet.

United States v. Playboy Entertainment Group

A U.S. Supreme Court decision that struck down a portion of the 1996 telecommunications Act that required cable TV companies to limit the availability of sexually explicit programming to late-night hours.

District of Columbia v. Heller

A U.S. Supreme Court decision that struck down a strict Washington, D.C., law that banned handguns. It ruled that 5-4 that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self -defense.

McDonald v. Chicago

A U.S. supreme court decision that overturned a Chicago ordinance that made it extremely difficult to own a gun within city limits.

Mapp v. Ohio

A U.S. supreme court decision in which the Court ruled that the exclusionary rule, which prevents a prosecutor from using evidence that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies to states as well as the federal government

United States v. Jones

A U.S. supreme court decision that held that prosecutors violated a defendant’s rights when they attached a GPS device to his jeep and monitored his movements for 28 days.

Maryland v. King

A U.S. supreme court decision that upheld DNA testing of arrestees without the need for individualized suspicion.

Riley v. California

A U.S. supreme court decision that held that the police were constitutionally prohibited from seizing a cell phone and searching its digital content during an arrest.

What do the court cases listed have to say about the U.S. Supreme court in the recent years?:

United States v. Jones

Maryland v. King

Riley v. California

That they Supreme court has softened the application of the exclusionary rule, allowing federal courts to use their discretion about depending on the “nature and quality of the intrusion.”

Benton v. Maryland

A U.S. supreme court decision that overruled Palko v. Connecticut (1937) and declared double jeopardy clause did, in fact, apply to the states.

Miranda v. Arizona

A U.S. supreme court decision that the police must follow the set rules before questioning an arrested criminal suspect, and the reading of a person’s “Miranda Rights” became a standard.

Gideon v. Wainwright

A U.S. supreme court decision that one has a right to counsel in all felony cases.

Timbs v. Indiana

A U.S. supreme court decision that excessive fines is also prohibited by the states.

Griswold v. Connecticut

A U.S. supreme court decision that the right to birth control was linked with the right to privacy, therefore is constitutional. “Zone of Privacy”

Roe v. Wade

A U.S. supreme court decision that it was within a woman’s right to seek out an abortion, or to not.

Bowers v. Hardwick

A U.S. supreme court decision that ruled in favor of a state anti-sodomy law on the grounds that “the federal constitution confers [no] fundamental right upon homosexuals to engage in sodomy.”

Lawrence v. Texas

A U.S. supreme court decision that overturned Bowers v. Hardwick, and that gay people are “entitled to respect for their private lives.”