Chapter 3 & 4 Flashcards Preview

American Government > Chapter 3 & 4 > Flashcards

Flashcards in Chapter 3 & 4 Deck (64)
Loading flashcards...
0

Federalism

National government shares power with local government

1

Federal Public

Derives power directly from people

2

Confederation

A system where people create state government

3

Unitary System

State government derive authority from central government Ex) UK & France

4

Federal System

Power divided between central & state government ex) Canada & US

5

Confederal System

Power held by independent states ex) US under Articles of Confederation

6

Article 1

"Make all laws necessary & proper for carrying into execution of the foregoing powers"

7

Nullification

A state can void a federal law

8

Dual Federalism

National & State government should be kept separate

9

Federal Regime

Local government can make final decisions over some government activities

10

State constitutions are more detailed than federal ones

***

11

Federal Government Powers

- declaring war
- printing money
- maintaining military forces

12

State Government Powers

- establishing local government
- "police power"
- initiative
- referendum
- recall

13

Initiative

Allows voters to place legislative measures directly on the ballot by getting enough signatures on a petition

14

Referendum

Enables voters to reject measures passed by legislature

15

Recall

Voters can remove an elected official from office

16

Federal & State Powers

- taxing
- maintaining roadways
- criminal justice institutions

17

Grants-in-aid

Money given by national government to the state

18

Reasons why federal money was attractive to states

- huge budget surplus
- federal income tax brought in more money
- more money was printed

19

When Washington wants to send money to one state, it must send money to many states

***

20

Intergovernmental Lobby

Made up of state and local officials who depend on federal funds ex) mayors, governors, police chiefs

21

Categorical Grants

Federal grants for specific purposes ex) airports, parks, college dorms
(Mayors & governors complained they were too narrow)

22

Block Grants

Several grants focused on a single block, devoted to a general purpose

23

Problems with Block Grants

- money did not grow fast
- a lot of "strings attached"
- they grow slower than categorical grants

24

Conditions of Aid (1)

Terms that's states must meet if they are to receive federal funds

25

Mandates

Terms that states must meet wether or not they accept federal grants (most concern civil rights and environmental protection)

26

Waiver

Permission to violate law

27

Hamilton

National powers should be broadly defined & liberally constructed

28

Jefferson

National government is a threat to personal liberties

29

Federal government devises grants for national interests rather than state demands

***

30

Increase in federal activism =

State reliance on federal aid

31

Conditions of Aid

- conditions voluntary but states depend on aid
- conditions continue to grow
- "free" federal money isn't quite free

32

The Sedition Act (1798)

One cannot write, utter, or publish false writing with intention of defaming the government

33

The Espionage & Sedition Acts (1917-1918)

One cannot utter a false statement that would interfere with the American military

34

The Smith Act

Illegal to advocate the overthrow of the U.S. government

35

14th Amendment

No state shall deprive any person of life, liberty, or property without due process of law

36

Due Process of Law

Denies government the right without due process, to deprive people of life, liberty, or property

37

Selective Incorporation

When court applies most parts of the Bill of Rights to the States

38

Bill of Rights

James Madison

39

1st Amendment

No law respecting an establishment of religion, freedom of speech, exercise of religion, press, assemble, and petition

40

2nd Amendment

Right to bear arms

41

3rd Amendment

The right not to have soldiers quartered in private homes

42

4th Amendment

No one can search you unless they have a warrant

43

5th Amendment

The right to be indicted by a grand jury, before being tried for a serious crime

44

6th Amendment

Right to a speedy trial, by an impartial jury

45

7th Amendment

Right to a jury in civil cases

46

8th Amendment

Cruel & unusual punishment

47

9th Amendment

Everyone is granted unalienable rights

48

10th Amendment

Powers not delegated to the U.S. by the Constitution are reserved to the states

49

Prior restraint

Censorship of a publication

50

Clear and Present Danger

Law should not punish speech unless there was a "clear and present danger" of producing harmful actions

51

Gitlow vs New York (1925)

Gitlow was violating the sedition law by passing out leaflets that advocated overthrow of the government (SC favored, 1st Amendment)

52

Libel

Written statement that damages someone's reputation (oral - slander)

53

Symbolic Speech

Act that conveys a political message

54

Wall of Separation

Government cannot be involved with religion

55

Tinker vs Des Moines (1969)

Students wore armbands protesting war in Vietnam (SC favored, 1st Amendment)

56

Three Prong Test - deciding factors on wether or not government involvement with religion is constitutional

- has a strictly secular purpose
- primary effect neither advances nor inhibits religion
- does not foster a government entanglement with religion

57

Real ID Act

No federal agency may accept a license that does not have the persons photo, address, signature, and full name

58

(FISA) - Foreign Intelligence Surveillance Act

President has the authority to conduct warrant-less searches to obtain foreign intelligence info

59

Exclusionary Rule

Evidence gathered in violation of the Constitution cannot be used in trial

60

Santa Fe vs Doe (2000)

Students may not lead prayers before the start of a football game

61

Everson vs Board of Education

Tax money may not be spent in support of any religion (parent were being reimbursed for driving their children to school)

62

McDonald vs Chicago (2010)

2nd Amendment allows people to bear arms and this applies to state government as well

63

Miller vs California

Obscenity defined as appealing to average people with materials that lack literary, artistic, political, or scientific value