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Government final
Ch 3-4
| Question | Answer |
|---|---|
| 3 Systems of government? | Unitary, Confederate, federalism |
| Unitary System? | centralized government power rest on the national government |
| Example of a Unitary | France |
| Confederate system? | the elected government has vey little power over the states a system consisting of a league of independent states each having their own individual power |
| Example for Confederate system | The Articles of Confederation European Union |
| Federal System? | Authority is divided by between federal and state government, usually by a constitution elected officials |
| Federal system example | U.S.A., Australia, Brazil, Canada, Germany, India, and Mexico |
| Supremacy Clause? | the national power has the final decision - ex. Gay Rights |
| Enumerated Power? | Those powers given specifically by law (coining money) |
| Chisholum v Georgia | Eleventh Amendment- people can't sue another state |
| Full Faith and credit clause? | each state's laws must be honored by other states |
| McCholloch v Maryland? | McChollock won because Maryland couldn't put those crazy taxes |
| Elastic clause? | national gov has the final say |
| Necessary and proper clause? | for the right reason only when needed |
| National supremacy Clause? | if the nations power makes a law that contradicts the state law, National power has the final say |
| Interstate clause? | Gibbons v Ogden (1824) |
| Dual Federalism? | National and state government all determine and stay powerful for their own area Co-equal sovereign powers, none can interfere (3 layer cake) |
| Dread Scoot v Sanford? | because of this the 13-abolisment of slavery, 14- citizenship, 15-black males can vote |
| Cooperative Federalism? | Now national government metals in state government (Marble cake) |
| Picket Fence Federalism? | powers are specifically assigned to national and state very little shared power |
| Fisicle Federalism? | Cooperative federalism is rooted in the system of grants |
| Categorical gran? | the government has strict limitations on how the money is spent |
| Block grants? | states have discretion on how the money is spend |
| New Federalism? | the transfer of certain powers from the United States federal government back to the states. |
| Coercive Federalism? | a strong national government that exerts tight. control of the states through orders or mandates |
| United States v Morrison? | Morrison won |
| United States v Lopez? | Lopez won because he has the right to bear arms. |
| Gonzales v Raich? | raich couldn't grow marijuana because of the interstate commerce |
| Bill of RIghts | Individual freedoms 10 1st Amendment |
| Civil Liberties | Specific individual rights |
| Clear and present danger test | determines when government could legally do so to judge the limits of government authority |
| due process clause | "no state shall. deprive any person of life, liberty, or property without due process of law" |
| Establishment clause | government may not favor one religion over another or support religion over religion |
| exclusionary rule | deter police for violating people rights |
| freedom of expression | the right to say whatever you want to say |
| free-exercise clause | can hold any religious belief of their choosing |
| good faith exception | police believed they were following procedures and found evidence against you along the process |
| imminent lawless action test | its an imposing barrier to any government attempt to restrict speech |
| inevitable discovery exception | tainted evidence can be admitted |
| lemon test | 1- no religious purpose 2- not to advance or inhibit religion 3- no excessive government entanglement w/ religion |
| libel | reputation is published and ruined |
| plain view exception | something was seen and you can be accused or the court can use it against you |
| prior restraint | government prohibits speech or publication before it occurs |
| procedural due process | procedure that authorities must follow before a person can be lawfully published for offence |
| right of privacy | individuals have a zone of privacy that the government cannot lawfully invade |
| selective incorporation | the use of the fourteenth amendment to apply selected provision of the Bill of Rights for the states |
| slander | the injured party can sue for damages |
| symbolic speech | Texas v Johnson (burring of the flag) |
| freedom of expression is not absolute: | commercial speech obscene forms of sexual expression |
| Free Speech | Schneck v United States |
| Bradenburg v Ohio | hate speech does not extend to hate crimes |
| Free Assembly | American Nazi party in Shokie Illinois Public officials can regulate time, place, and conditions |
| Press Freedom | New York v United states |
| Freedom of religion | congress cant make no law respecting the establishment of religion, or the exercise of it |
| The right to bear arms | District of Colombia v Heller (2008) he has the right to bear a fire arm McDonald v Chicago (2010) applies to all state and local governments |
| Griswold v Conneticuit | Zone of privacy |
| Roe v Wade (1973) | in Texas women can abort only in the 1st 3 months |
| Planned parenthood v Casey | Doctor can abort during labor even if its to save a life |
| Procedural due process | procedures that authorities must follow before a person can lawfully be punished for an offense |
| Suspicious phase | No search unless probable that a crime occurred (4th Amendment) |
| Warrantless exceptions | good faith exception, inevitable discovery exception, plain view exception |
| Arrest phase | Self incrimination (5th Amendment) Miranda v Arizona |
| Trial phase | legal counsel and impartial jury 5th and 6th amendment |
| Sentencing phase | 8th Amendment (crime doesn't fit punishment) |
| Appeal: one chance usually | no constitutional guarantee of appeal federal law bars a second federal appeal by a state prison inmate in mist instances |
| Guatomo bay for terrorist | Hamdi v Rumsfeld (2004) |
| Surveillance of suspected terrorists | USA Patriot Act Warrantless wiretapping Snowden leaks about NSA communications surveillance |
| The Courts and a Free Society | Americans favor limits of freedom of expression in particulars instances Judicial system the primary protector of individuals' rights |
Created by:
mramir06
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