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61 Cards in this Set

  • Front
  • Back
Unitary System
the central government has ultimate authority and power.
Unitary System
the local governments are created by the central or national government and only exercise those powers given to them by the central authority.
Power is centered in the member states and the central government has limited powers.
A league of independent states
Concurrent Powers
Powers which belong to both the national government and the states.
Examples of Concurrent powers
Setting up courts; creating and collecting taxes; building highways; borrowing money; making and enforcing laws; chartering banks and corperations; spending money for the betterment of the general welfare; taking private property with just compensation
Delegated Powers
powers which belong to the national government which are written down in the constitution.
Article 1 Section 8
longest list of delagated powers.
Bill of attainder
a legislative act which metes out punishment without the benefit of a trial
Writ of Habeas Corpus
a court order demanding that the state charge a person who is being detained or to release them for being illegally imprisoned.
Habeas Corpus
"You have the body"
Ex Post Facto Law
A retroactive criminal law, this punishes an individual for an act that was not a crme when the act was committed.
Full Faith and Credit
requires that deeds, legal documents and civil court decisions made in one state are legitimate in other states.
Privileges and Immunities
Privileges and Immunities mean that a citizen of one state is not to be treated as an alien while in another state.
Article IV, sec 1
Full Faith and Credit
Article IV sec 2
Privileges and Immunities
Article 1 sec 10
Interstate Compacts
Interstate Compact
an agreement between two or more states on some manner of common concern to the states.
Vertical Federalism
an arrangement which requires governmental action is dependent on both the Federal and State Levels for participation
Examples of Vertical Federalism
The Structure of Congress; The Electoral College; Amending the Constitution; Admission of New States
Establishment Clause
prohibits the government from establishing a religion. found in the 1st Amendment
Lemon V Kurtzman
This case established a three-part test to determine if aid to religious school violates the establishment clause. Also applies when the state attempts to impose religion law.
Engel v Vitale
The Supreme Court ruled that there will be no organized school parayer. School sponsered prayer was an unconstitional establishment of religion.
Wallace v. Jaffree
The Supreme Court struck down as unconstituional an Alabama law authorizing one minute of silence for prayer or meditation in public schools.
Lee v. Weisman
The Supreme Court ruled that it was unconstitional for a school to invite a rabbi to deliver a nonsectarian prayer at graduation.
Edwards v. Aguillard (year)
Edwards v. Aguillard
Court held that the state of Louisiana could not mandate students be taught both evolution and creationism, because it would violate the Establishment Clause.
Rosenberger v. University of Virginia
Court held that student activity fees could be used to fund a Christian's group newsletter. Free speech case
Free Exercise Clause
Freedom to exercise religion
Employment Division of Oregon v. Smith
The Court held that Native Americans could not use illegal drug in their religious ceremonies, even if the drug (peyote) was considered a sacrament in some Native American religous services.
Church of Lukumi Babalu Aye v. Hialeah
the court held the right of a religious group to hold animal sacrifce is constituional
Miller v. California
The Court established a three part test to determine the permissible boundaries of pornography. (1971)
New York Times v. Sullivan
The Court held that public officials and public figures have a higher standard to meet when they bring charges of libel against a publication
Brown v. Entertainment Merchants Association
The Supreme Court held that a California law which restricted the sale of violent video games to minors was unconstitutional. (2010)
Griswold v. Conecticut
the Court established the right to privacy.
Roe v. Wade
the Supreme Court ruled that state laws against abortion violated the right to privacy
Planned Parenthood v. Casey
Court upheld a Pennsylvania law that required pre-abortion counseling, a waiting period of 24 hours and for girls under 18 parental or judicial consent or permission.
Planned Parenthood v. Casey
The Court rejected the state legislation which required married women to have the consent of their spouse before obtaining abortion
Gonzales v. Carhart
The Supreme Court ruled to uphold the Partial Birth Abortion Ban Act passed by Congress in 2004.
Washington v. Glucksberg
1997; the court upheld that the liberty interest protected by the Constitution does not include the right to commit suicide,with or without assistance.
Weeks v. United States
the Supreme Court first established the exclusionary rule (1914)
Mapp v. Ohio
Court applied the exclusionary rule to the states
Exclusionary rule
The court ruled that illegally obtained evidence may not be used in Court against the defendant.
Gideon v. Wainwright
Indigents have a right to counsel in all criminal cases.
Miranda v. Arizona
Suspects have a right to be informed of their constitutional liberties to remain silent and to have legal representation.
Furman v. Georgia
The Court halted the death penalty for four years so that states could write new laws that applied the death penalty in a uniform matter.
Dred Scott v. Sanford
(1857) The Supreme Court held that blacks were not intended to have citizenship rights.
Civil Rights Act of 1875
Civil Right law passed after the Civil War. opened up places of public accommodation to all regardless of color.
Plessy v. Ferguson
(1896) Established the "separate but equal doctrine"
Tenth Amendment
Reserved Powers
Article 1 sec 8 Clause 18
Necessary and Proper Clause
Necessary and Proper Clause
allows for the Congress to have powers beyond those delegated in the Constitution
Implied Powers
powers not specifically written or delgated in the Constition
McCulloch v. Maryland
established the implied powers doctrine of the national government.
Barron v. Baltimore
(1833) the Supreme Court held that the Bill of Rights applied to the national government, but not to the states.
Gitlow v. New York
The court used this case to apply free speech to the states. (began a long process in 1925 to reverse Barron decision)
Gonzales v. Oregon
the Court reversed decision of Washington v. Glucksberg (2006)
Horizontal Federalism
Represents arrangements whereby states can relate and have contact with each other and have minimal Federal interference.
14th amendment
Bill of Rights is to the Federal Government is what the Due process clause of the _____ to the states.
Eminent Domain
taking private property with just compensation
Osborne v. Ohio
Child pornography