Foundations of Gov. Test Flashcards

1
Q

Civil liberties

A

Protections against the government

safety of opinion

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2
Q

Civil Rights

A

Positive acts the government makes to make constitutional guarantees a reality for all people

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3
Q

14 Amendment

A

Due Process Clause

no State can “deprive any person of life, liberty or property, without due process of law”

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4
Q

Establishment clause

A

Guards against establishing a mandated religion

Freedom from being forced to be religious

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5
Q

Free Excercise Clause

A

Guards against the government interfering in the exercise of any religion

Freedom for religion

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6
Q

Cases that involve religion and education

A

Released Time (can go to pray or ash wednesday)

Prayers and the Bible is not allowed

Student religious groups have equal access

Evolution (cannot prefer or prohibit any creation theroy)

Aid to Parochial Schools (Lemon test)

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7
Q

Lemon v. Kurtzman

A

Purpose of aid to parochial schools must be nonreligious

aid can not advance nor inhibit religion

Aid must not excessively entangle the government with religon

Ex: busing

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8
Q

Lynch v. Donnelly

A

Allowed the display of a nativity scene with other nonreligious objects on public land

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9
Q

Count of Allegheny v. ACLU

A

prohibited exclusively christian holiday

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10
Q

Pittsburgh v. ACLU

A

allowed a multi-faith holiday display

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11
Q

Marsh v. Chamber

A

Chaplains to open daily sessions of Congress and state legislatures

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12
Q

Free Excersize Clause

A

Limits actions that violate social duties or disrupt social order

Ex: using poisonous snakes during religious sermonies

IS THIS COVERED OR NOT UNDER CLAUSE????

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13
Q

What do the freedom of speech and press not protect?

A

Libel and slander

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14
Q

Libel

A

the false and malicious use of written words

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15
Q

Slander

A

the false and malicious use of spoken words

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16
Q

Sedition

A

the crime of attempting to overthrow the government by force, or to violently disrupt its lawful activities

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17
Q

Seditious speech

A

Speech that urges sedition

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18
Q

Alien and Sedition Acts

A

made scandalous or false criticism of the government illegal

expired before 1801

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19
Q

Sedition Act of 1917

A

Crime to encourage disloyalty or spread anti-government ideas during a time of crisis

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20
Q

Smith Act of 1940

A

Forbade advocating violent overthrow of the government, and belonging knowingly to any group that does

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21
Q

Symbolic speech

A

Expression by conduct

Only covers so much. Not destroying draft cards, but it does encompass flag burning

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22
Q

Picketing

A

the patrolling of a buisness site by workers on strike, is a prevalent form of symbolic speech

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23
Q

Commercial Speech

A

Speech for business purposes, usually advertising

can’t mislead, advertise illegal good, promote tobacco on radio and TV

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24
Q

Time-Place-Manner Regulations

A

The government can make and enforce rules regarding the time, place, and manner of assemblies

Ex; can’t assemble near schools and courthouses

25
Content neutral
When regulation the right to assemble, government officials can not place restrictions on what the assembly is trying to say Can regulate time, place
26
Right of association
the right to associate with others to promote clauses Also, state cannot force an organization to accept members when that association would contradict what the organization believes in
27
Federalism
A system of government in which a written consitution divides the powers of government on a territorial basis
28
Strength in federalism
Local action in matters of local concern and national action in matters of wider concern Encourages local choice Strength that comes from a union (government aid for disasters)
29
Dual Federalism time
Until 1930
30
Dual Federalism
Circle theroy went by constitution
31
Delegated powers
National government
32
Implied powers
Reasonably implied but not in the constitution Elastic Clause Ex: state lines make it federal
33
Inherent powers
belong to the national government because it is the national government and a sovereign state Ex: immigration, diplomats, defend the nation
34
Powers denied to the States
Can not enter into a treaty, alliance, or confederation Cant coin money No state can tax any of the agencies of national government
35
Eminent domain
Take away property supposed to improve community
36
Layer cake federalism
National government exercising power independently from state governments Each level of government exercises its own control over its own sphere of influence
37
McCulloch v. Maryland
Court made clear federal law makes precedent over state laws Court case: It is the national government's job to maintain banks
38
Who were McColluch and Maryland?
McColluch: Banker who did not want to pay the tax Maryland: wanted to tax the banks
39
Marble cake federalism
After 1930 Layers blended Federal government more intrusive Grants-in-aid programs New Deal
40
Grants-in-aid programs
Funds given by the federal government to state and local government to aid the unemployed Roosevelt
41
Creative Federalism
LBJ Greater reliance on federal programs Sharing costs Unfunded Mandates
42
Unfunded Mandates
Programs and regulations imposed on state/local government by Congress with out enough funding
43
Competitive Federalism
Nixon and Reagan Power back to states (devolution) States have to come up with own solutions to solving problems
44
Fiscal Federalism
How much funding is appropriated by the federal government to the state, under what conditions, and what states can do with the funds
45
Categorical Grants
Part of fiscal federalism Federal aid that meets the criteria of a specific category
46
Supermacy Clause
Constitution is the highest law of the land All low life laws have to follow the constitution then the act of congress
47
Powers denied to federal government
public school system, cannot tax anyone of the States
48
Federalists
Did not think there was a need for a Bill of Rights Did not think that state and local government were equipped to deal with issues
49
Anti-federalists
Thought a Bill of Rights was necessary to keep National Government from just protecting the wealthy
50
Formal amendment to constitution
Propose an amendment by 2/3 Congress or 2/3 of states request a convention Then must be ratified by 3/4 of legislatures or 3/4 of states
51
Number of amendments
27
52
Informal amendment to constitution
Changes in how we interprate and use the constitution Not actually a real change Ex: different appeals courts established and highway speed limits
53
Sources of the constitution
Primarily came from the philosophers Compromises and plans
54
Ratification of the constitution
Ratified by all 13 colonies Maryland took the longest to ratify 2 years later
55
Date of declaration of independence
July 4, 1776
56
13th Amendment
Abolished slavery
57
15th Amendment
Race can't keep from voting
58
19th Amendment
Gave women the right to vote