polisci 3 +4

federalism

The division of power across the local, state, and national levels of government

sovereign power

The supreme power of an independent state to regulate its internal affairs without foreign interference

exclusive powers

Policy-making responsibilities that are exercised only by the national government.

police powers

Responsibilities that include the power to enforce laws and provide for public safety.

concurrent powers

Responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments.

unitary government

A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.

confederal government

A form of government in which states hold power over a limited national government.

full faith and credit clause

part of constitution requiring that each state's laws be honored by the other states

privileges and immunities clause

part of the Constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents.

dual federalism

form of federalism favored by Chief Justice Roger Taney, in which national and state governments are seen as distinct entities providing separate services. ( limits the power of the national government )

states' rights

The idea that states are entitled to a certain amount of self-government, free of federal government intervention

cooperative federalism

A form of federalism in which national and state governments work together to provide services efficiently

picket fence federalism

A more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government

fiscal federalism

A form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants.

coercive federalism

A form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, or conditions (often involving threats to withdraw federal funding).

federal preemption

the legal principle that valid federal laws override or cancel out conflicting state or local laws

unfunded mandates

Federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies.

categorical grants

Federal aid to state or local governments that is provided for a specific purpose

block grants

Federal aid provided to a state government to be spent within a certain policy area but that the state can decide how to spend within that area.

competitive federalism

A form of federalism in which states compete to attract businesses and jobs through the policies they adopt.

remedial legislation

law passed to fix a flaw, correct an injustice, or improve a remedy in an existing legal system rather than to punish wrongdoers

states' sovereign immunity

Based on the Eleventh Amendment, immunity that prevents state governments from being sued by private parties in federal court unless the state consents to the suit

civil liberties

fundamental individual rights and freedoms protected by law that guarantee freedom from undue government interference

Civil War amendments

13,14,15 —> abolished slavery and granted civil liberties and voting rights to newly freed people after the Civil War.

due process clause

Part of the Fourteenth Amendment that forbids states from denying "life, liberty, or property" to any person without due process of law.

selective incorporation

a constitutional doctrine that allows the U.S. Supreme Court to apply certain rights from the Bill of Rights to state governments, rather than just the federal government, on a case-by-case basis

establishment clause

stops the government from creating an official state religion or unfairly favoring one religion over another

free exercise clause

The Free Exercise Clause is the part of the First Amendment that protects people's right to practice their religion as they choose without government interference

Lemon test

The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment's establishment clause

Wisconsin v. Yoder

a landmark U.S. Supreme Court decision ruling that Amish parents can legally pull their children out of public school after the eighth grade, overriding state laws requiring school attendance until age 16

strict scrutiny

the highest and most rigorous standard of judicial review used by U.S. courts to evaluate whether a government law or action violates the Constitution

intermediate scrutiny

a middle-tier legal test used by courts to decide if a government law or policy is constitutional

clear and present danger test

Established in Schenck v. United States, this test allowed the government to restrict certain types of speech deemed dangerous

direct incitement test

Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action."

symbolic speech

Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech because of its expressive value.

hate speech

Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment.

prior restraint

A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.

New York Times Co. v. United States

The Supreme Court ruled in 1971 that the government could not prevent the publication of the Pentagon Papers, which revealed lies about the progress of the war in Vietnam.

fighting words

Forms of expression that "by their very utterance" can incite violence. These can be regulated by the government but are often difficult to define.

commercial speech

Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech.

Miller test

Established in Miller v. California, this three-part test is used by the Supreme Court to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government.

McDonald v. Chicago

The Supreme Court ruled in 2010 that the Second Amendment's right to keep and bear arms for self-defense in one's home is applicable to the states through the Fourteenth Amendment.

due process rights

the legal guarantee that the government must treat everyone fairly and follow established rules before it can take away a person's life, liberty, or property

exclusionary rule

The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial.

Gideon v. Wainwright

The 1963 Supreme Court case that guaranteed the right to an attorney for the poor or indigent for felony offenses.

privacy rights

give people the ability to control their personal information and live their lives free from unwarranted interference or intrusion