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Studied by 50 people
Fed gov Exam 2
Fed Gov. Exam 2 Review
Terms to memorize:
Federalism - A system in which power is divided between the national and state governments
New Federalism - 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, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government.
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: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
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 and so applied to state and local governments.
responsibilities of the legislative branch - Power to make laws, Power to levy taxes, Power to 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 in registration laws 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 to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War.
Plessy v. Ferguson - a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education - 1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
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) legalized abortion on the basis of a woman's right to privacy
Nullification - A state's refusal to recognize an act of Congress that it considers unconstitutional
McCulloch v. Maryland - Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
reserved powers - Powers not specifically granted to the federal government or denied to the states belong to the states and the people
EmancipationProclamation - freed all slaves in Confederate territory
dual federalism - A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Cooperative Federalism - A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
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 when the national government is acting within its constitutional limits.
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. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
3rd Amendment - No quartering of soldiers in private homes
4th Amendment - Freedom from unreasonable searches and seizures
5th Amendment - The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment - The right to a Speedy Trial by jury, representation by an attorney for an accused person
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 - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Miranda rule - the constitutional rights which police must read to a suspect before questioning can occur
de jure segregation - Racial segregation that occurs because of laws or administrative decisions by public agencies.
de facto segregation - Segregation resulting from economic or social conditions or personal choice.
equal protection clause - Constitutional guarantee that everyone be treated equally-14th amendment
Strict Scrutiny - A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
Intermediate Scrutiny - a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional
rational basis test - A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest.
balancing test - The view of the majority of the Supreme Court that First Amendment rights must be weighed against the competing needs of the community to preserve order.
Affirmative Action - A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
the concept of federalism - separates states or other polities within an overarching political system in a way that allows each to maintain its own integrity
Learning Questions:
describe how federalism has evolved in the united states - Federalism in the U.S. has evolved from a clear division of powers to a more complex and intertwined relationship between federal and state governments. This evolution reflects changing political, economic, and social landscapes.
what powers and responsibilities are granted to the federal government? - implied powers, enumerated powers,
what powers and responsibilities are granted to the state government - police powers , concurrent powers
how does the United States government keep the separate governing entities in balance? - checks and balances, separation of powers, federalism
what are the three ways to structure government ? - unitary system, federal system, confederation
why did the United States develop a federal system of government ? - to balance power, the constitutional framework, practical governance, historical context (articles of confederation)
what are the structural characteristics of federalism? - division of powers, bicameral legislature, constitutional framework, autonomy of levels of government.
compare the difference conceptions of federalism - fiscal federalism, picket fence federalism, new federalism, creative federalism, cooperative federalism, dual federalism
What are civil liberties? - basic freedoms to think and to act that are protected and that all people have
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.
freedom of religion clause - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
freedom of speech - the right to express any opinions without censorship or restraint.
symbolic speech - nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
symbolic speech limitations - Illegal or violent picketing; dissent that government has constitutional power to restrict, restriction is reasonable, and intent is not to squelch dissent
freedom of press - the right of journalists to publish the truth without restriction or penalty
provisions of the 2nd amendment - prefatory clause , operative clause
why is the 3rd amendment important - protection of privacy, limitation on governmnet power
provisions of the 4th amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Provisions of the 5th amendment - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th amendment - The right to a Speedy Trial by jury, representation by an attorney for an accused person
what does the 7th amendment protect - Right to a trial by jury in a civil trial
Provisions of the 8th Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Provisions of 9th amendment - framework for future rights
Provisions of the 10th Amendment - limiting federal power , empowering states
right to privacy - The right to a private personal life free from the intrusion of government.
what is the difference between civil liberties and civil rights? - Focus: Civil liberties focus on freedoms from government interference, while civil rights focus on ensuring equal treatment and protection from discrimination
what is the basis for civil rights? - equal protection clause
what methods were used to suppress the African American population after the civil war? - black codes, Jim Crow laws , voter suppression tactics ( poll taxes, literacy test, grandfather clause, white primaries
13th, 14th, 15th Amendments - The three amendments to the Constitution that resulted from the Civil War and abolished slavery, guaranteed civil rights, and guaranteed blacks the right to vote
Brown v. Board of Education (1954) - Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")
What is the relationship between the United States government and native American tribes ? - This relationship is built on a foundation of mutual respect and recognition of tribal sovereignty, though it has been marked by historical challenges and ongoing efforts to address past injustices.