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Government final

Ch 3-4

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