Studied by 6 people
bill of attainder
a legislative action declaring someone guilty without a trial; prohibited under the constitution
block grant
a type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds
categorical grant
a federal transfer formulated to limit recipients' discretion in the use of funds and subject them to strict administrative criteria
concurrent powers
shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court systems
cooperative federalism
a style of federalism in which both levels of government coordinate their actions to solve national problems, leading to the blending of layers as in a marble cake
creeping categorization
a process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants
devolution
a process in which powers from the central government in a unitary system are delegated to subnational units
dual federalism
a style of federalism in which the states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism
elastic clause
the last clause of article I, section 8, which enables the national government "to make all laws which shall be necessary and proper for carrying" out all its constitutional responsibilities
ex post facto law
a law that criminalizes an act retroactively; prohibited under the constitution
federalism
an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution
full faith and credit clause
found in article IV, section 1, of the constitution, this clause requires states to accept court decisions, public acts, and contracts of other states; also referred to as the comity provision
general revenue sharing
a type of federal grant that places minimal restrictions on how state and local governments spend the money
immigration federalism
the gradual movement of states into the immigration policy domain traditionally handled by the federal government
new federalism
a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes
nullification
a doctrine promoted by john calhoun of south carolina in the 1830s, asserting that if a state deems a federal law unconstitutional, it can nullify it within its borders
privileges and immunities clause
found in article IV, section 2, of the constitution, this clause prohibits states from discriminating against out of staters by denying such guarantees as access to courts, legal protection, and property and travel rights
unfunded mandates
federal laws and regulation that impose obligations on state and local governments without fully compensating them for the costs of implementation
unitary system
a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated
venue shopping
a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals
writ of habeas corpus
a petition that enables someone in custody to petition a judge to determine whether that person's detention is legal
blue law
a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on sundays
civil liberties
limitations on the power of government, designed to ensure personal freedoms
civil rights
guarantees of equal treatment by government authorities
common-law right
a right of the people rooted in legal tradition and past court rulings, rather than the constitution
conscientious objector
a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
double jeopardy
a prosecution pursued twice at the same level of government for the same criminal action
due process clause
provisions of the fifth and fourteenth amendments that limit government power to deny people "life, liberty, or property" on an unfair basis
economic liberty
the right of individuals to obtain, use, and trade things of value for their own benefit
eminent domain
the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the fifth amendment
establishment clause
the provision of the first amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
exclusionary rule
a requirement, from supreme court case mapp v ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime
free exercise clause
the provision of the first amendment that prohibits the government from regulating religious beliefs and practices
miranda warning
a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
obscenity
acts or statements that are extremely offensive by contemporary standards
patriot act
a law passed by congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT act (uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act)
plea bargain
an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charges(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial
prior restraint
a government action that stops someone from doing something before they are able to do it (e.g. forbidding someone to publish a book he or she plans to release)
probable cause
legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard or proof needed at a criminal trial
right to privacy
the right to be free of government intrusion
search warrant
a legal document, signed by a judge, allowing police to search and/or seize persons or property
selective incorporation
the gradual process of making some guarantees of the bill of rights (so far) apply to state governments and the national government
self-incrimination
an action or statement that admits guilt or responsibility for a crime
sherbert test
a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a "compelling governmental interest" at stake and it accomplishes its goal by the "least restrictive means" possible
symbolic speech
a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g. wearing an article of clothing to show solidarity with a group)
undue burden test
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
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Flashcard (24)