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POSC 104 > Unit 2 Test > Flashcards

Unit 2 Test Flashcards

(69 cards)

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1
Q

Federalism:

A

shared power between 2 levels of government - national and subnational

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2
Q

Competitive federalism

A

States complete w/each other for citizens and businesses

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3
Q

Unitary system

A

An alternative to federalism; some nations do not divide powers - the central government decides everything

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4
Q

[Interstate] commerce clause

A

anytime anything goes across state lines, national government can make the rules

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5
Q

Power of the purse

A

Congress gives $ to states (can use this to bribe states)

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6
Q

Implied powers

A

Necessary and Proper Clause

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7
Q

10th amendment

A

reserved clause “powers not delegated to the US…”; everything the National government can’t decide is up to the States

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8
Q

Police powers

A

capacity of the states to regulate behavior and enforce order within their territory

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9
Q

Fiscal federalism

A

division between governmental functions and the financial relationship between them

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10
Q

Categorical grant

A

grants issued by Congress which can be spent for narrowly defined purposes

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11
Q

Block grant

A

grant from central gov. Which a local authority can allocate to a wide range of services

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12
Q

Benefits/costs of federalism

A

Permits regional Differences, 2. Permits innovation and experimentation, 3. Provides many avenues for change

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13
Q

Preemption laws

A

if the State doesn’t like liberal city laws, it can pass pre-emption laws to prevent cities from enacting specific pieces of legislation

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14
Q

Sanctuary cities

A

broad term that applies to cities that protect undocumented residents in various ways; for example; they can provide city resources to all residents

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15
Q

Enumerated/expressed powers:

A

expressed powers are directly stated in the constitution. Enumerated powers are the fancy word for that: collect taxes, coin money, declare war, make rules for military conduct, and raise and maintain armies

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16
Q

Necessary and proper clause:

A

Congress has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing Powers

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17
Q

Supremacy clause

A

national laws trump state laws

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18
Q

Civil liberties

A

religion, speech, press, assembly, to petition the government

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19
Q

Bill of Rights:

A

the first 10 amendments to the US Constitution - freedom of speech, assembly, and worship

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20
Q

Habeas corpus:

A

right to appear before a court

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21
Q

14th Amendment

A

equal protection clause, states can’t discriminate unreasonably against groups

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22
Q

Due Process clause/due process of law:

A

fair treatment through the normal judicial system

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23
Q

Stouffer study

A

1950s study on civil rights during the cold war that asked, “what do you think about freedom of speech” and then, “should we allow Communists, Socialsists, and Athiests to speak in public?” 27% said yes to communists, 60% to Socialists, and 37% to Athiests.

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24
Q

Limits to free speech

A

fighting words = immediate threat to safety, libel/slander = harmful, false statements, Commercial Speech = can be limited for public good, like no cigarette commercials on TV or false advertising, Obscenity = difficult to define

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25
Imminent lawless action test
speech is not protected by the first amendment if the speaker intends to incite a violation of the law that is imminent and likely
26
Antifa
anti-fascist action; a group that violently resists the far right and white supremacist ideologies
27
Microagression
an indirect, subtle, and sometimes even unintentional discrimination against a minority group
28
Establishment clause:
Congress shall make no law respecting an establishment of religion - forbids government from establishing an official state religion
29
Free exercise clause
or prohibiting the free exercise thereof (establishment clause and free exercise clause can be in tension)
30
Schenck v. US
distributed pamphlets encouraging draftees to resist the draft in wartime,, supreme court ruled against him b/c it posed a clear and present danger
31
Brandenburg v. Ohio (late 60s)
Brandenburg was a KKK member who organized a rally in Ohio and called the newspaper for publicity. At the rally, they argued that the KKK would have revenge if white ppl continued to be supressed, Ohio argued that it was a clear and present danger, but the Supreme court ruled in his favor b/c of the passive wording he used.
32
Elonis v. United States
do you have to intend language to be threatening to be punished? Defense: he was just venting; artistic expression, supreme court ruled in his favor
33
Good News Club v. Milford Central School (2001)
milford central school allowed the club to use their facilities after school, the townsfolk wanted it to be approved for a private Christian organization for children. Supreme court decided they could have the club
34
Santa Fe Independent School District v. Doe (2000)
Can a public school allow a prayer over the PA system before varsity football games? Students voted in favor of prayer, but supreme court decided they can’t pray
35
Jack Phillips Cake Baking
he didn’t want to bake for gay couples, offered to sell any pre-made cake, he won on narrow legal grounds
36
Mapp v. Ohio (1961)
police enter Mapp’s house w/out a warrant, looking for bomb suspect, find illegal material. She “won” because they couldn’t use illegally obtained evidence due to the exclusionary rule
37
Plessy v. Ferguson (1896)
separate but equal facilities provide equal protection
38
Super PAC
We can’t limit campaign spending because it is free speech; groups can spend as much as they want to elect/defeat candidates
39
Miranda warnings:
rights that police must read you
40
Probable cause:
reasonable grounds
41
Double jeopardy
the prosecution of a person twice for the same offense
42
Self-incrimination
the act of exposing oneself to a crime -5th amendment “no person shall be compelled in any criminal case to be a witness against himself”
43
Exclusionary rule
law that prohibits the use of illegally obtained evidence in a criminal trial
44
Tainted evidence in other countries
can still be used, like in Canada
45
Privacy:
not a right included in the Bill of Rights or constitution; people argue that the implications of the amendments = zones of privacy
46
13, 14, 15, and 19th amendments:
13th: ends slavery, 14th: due process/equal protection, 15th: right to vote, 19th: women’s right to vote
47
poll tax
a tax levied as a prerequisite for voting - many southern states used them to keep African Americans from voting
48
Literacy test
kept minorities from voting
49
Grandfather clause
a clause that said your grandfather had to have been able to vote for you to vote
50
White primary
elections in the South where only white voters could participate
51
Civil Rights Act of 1964
ends discrimination
52
Voting Rights Act of 1965
ends practices like literacy tests
53
Constitution and slave trade
⅗ compromise: enslaved people counted as ⅗ of a person; importation of enslaved people was allowed until 1808
54
Jim Crow laws/segregation
state and local laws that enforced racial segregation
55
Plessy v. Ferguson
1896, “separate but equal” facilities provide equal protection
56
The franchise/Disenfranchisement
States could legally comply with 15th Ammendment but practically deny the right to vote.
57
Lynching
death without a trial; mob justice
58
Great Migration
Mass migration of 60 million African Americans who left the south and moved to big cities
59
Civil Rights Movement
Non violent protests, but always had the possibility of violence; Brown v. Board of Education overturns; Plessy v. Furgeson in 1954 overturned segregation, Civil disobedience
60
De jure:
of the law
61
De facto
of fact
62
Mass incarceration/felon disenfranchisement:
500% incarceration increase, felon disenfranchisement: in some states incarcerated people can’t vote - de facto
63
Suffrage
Women’s right to vote
64
Women’s Rights Movement
Granted right to vote in 19th ammendment
65
Glass ceiling
an unofficially acknowledged barrier to advancement in a profession; especially affecting women and minorities
66
1963 Equal Pay Act
meant to abolish wage disparity
67
Title IX
Higher Ed Act, universities were denied federal funding if they discriminated against women
68
Sodomy laws
were declared unconstitutional in Lawrence v. Texas (2003)
69
Gay marriage
made legal in 2015 in Obergefell v. Hodges

POSC 104 (5 decks)

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