Upgrade to remove ads
Only $2.99/month

Government 2

Terms in this set (52)

popular sovereignty
all political power resides in the people
limited government
no government is all powerful
separation of powers
the power of federal government is divided into 3 branches; separate but equal powers with checks and balances
judicial review
the courts greatest power; the idea that the courts can decide the constitutionality of congress and presidential actions
the three parts (acts) of marbury v. madison
midnight judges act, writ of mandamus, the decision and judicial review
the Framer's main intention:
to restrict the power of the national government
1st amendment
religion, speech, press, assembly, petition
2nd amendment
right of the states to arm a militia; morton grove/kennesaw, brady bill
morton grove/kennesaw
in morton grove guns were banned and in kennesaw everyone was required to have a gun...both saw decrease in robberies
brady bill
Jim Brady; to create mandatory background checks and waiting list for guns
3rd amendment
no quartering troops during peacetime
4th amendment
search ad seizure; protects persons, houses, papers, and effects; no warrants without probable cause; Weeks vs. US and Mapp vs Ohio
exceptions to 4th amendment (3)
inevitable discovery, honest mistake, good faith
5th amendment (5 parts)
grand jury - determine if case gets to trail
double jeopardy - not tried for same criminal acts twice
self incrimination - cannot be forced to testify against self
due process - gov actions and laws must be fair
eminent domains - private property can be taken for public use
6th amendment (6 parts)
speedy and public trial; impartial jury of ones peers; know charges against you; know witnesses against you; call witnesses in your favor; have an attorney represent you (Gideon v Wainwright, Miranda v AZ)
7th amendment
jury trials guaranteed if dispute over $20
8th amendment
excessive bail, fines illegal; no cruel and unusual punishment; capital punishment ok (Furman v Georgia, Gregg v Georgia)
9th amendment
unenumerated (unstated) rights
10th amendment
gives reserved powers to the states (states rights)
at the first congress, how many amendments were proposed and how many were adopted?
12 proposed, 10 adopted
Who recognizes a right of privacy?
the supreme court
What 5 amendments did the Supreme Court combine to make the right of privacy?
1, 3, 4, 9, 14
federalism
the driving power between the national government and the states
according to the 10th amendment, any power not delegated to the national government or denied to the states is supposed to be a:
state power (education, marriage laws, divorce regulations, etc)
delegated powers
expressed, implied, inherent
exclusive powers
only exercised by national government; coin money, make treaties, lay import duties (tariffs), regulate interstate commerce
concurrent
exercised by both federal government and the states; raise taxes, building roads, penalizing crimes, public welfare, establishing courts, charter banks, borrow money
ladder of laws (top to bottom)
US constitution; acts of congress; US treaties; state constitutions; state statutes; city and county charters/ordinances
the Supreme Court is the ___________ of the federal court system
umpire
powers denied to the national government
expressly in the constitution, silence in the constitution, protect the federal system
powers denied to the national government: expressly in the constitution
to deny freedom of religion, speech, press, or assembly; to conduct illegal searches and seizures; to deny any person a speedy and public trial
powers denied to the national government: silence in the constitution
can't create a public school system for the nation; can't enact uniform marriage and divorce laws
powers denied to the national government: protect the federal system
can't set up units of local government; can't tax the states in carrying out duties
powers denied to the states
expressly in the constitution, protect the federal system
powers denied to the states: expressly in the constitution
no state can enter into a treaty, alliance, or confederation; cannot print or coin money; cannot deprive any person of life, liberty, or property without due process of law
powers denied to the states: protect the federal system
cannot tax any of the agencies or functions of the national government
Marbury v Madison
where we got the principal of judicial review (most important power of the courts)
Two Supreme Courts cases which helped define the parameters of federalism:
McCulloch v Maryland, Gibbons v Odgen
Article 1, Section 8 says: (3 things)
congress cannot regulate any commerce over state lines; the power does not stop at boundary; major expansion of congressional power
A nations obligations to the states: (6 things)
guarantee a republican form of government; protection against invasion and domestic violence; respect for territorial integrity; admitting new states; interstate compacts; cooperative federalism
strings attaches to federal grants-in-aid:
use the funds for only the purpose specified; make its own equal contribution; set up an agency and procedures to manage the grant; obey federal guidelines
block grants
grants to state and local governments with more broadly defined purposes and fewer strings attached
Article IV (4)
full faith in credit clause; privileges and immunities clause; extradition
full faith in credit clause
acts, records, judicial proceedings; civil, not criminal
privileges and immunities clause
ensures that the resident of one state does not undergo unreasonable discrimination
extradition
returning a suspect to the area where the crime was committed
Weeks v US and Mapp v Ohio
about the exclusionary rule: illegally obtained evidence is not submissable in court
Gideon v Wainwright
most important right for those accused of a crime; gives you a right to an attorney
Miranda v AZ
based on the 5th and 6th amendments
Furman v GA and Gregg v GA
in 8th amendment; deals with capital punishment
Marbury v Madison, McCullogh v MD, and Gibbons v Odgen
helped establish the federal government's power over state power; john marshall was the justice in all three of these cases
Kentucky v Dennison and Puerto Rico v Branstand
dealt with extradition; dennison said they didn't need to honor it, but branstand said they did
THIS SET IS OFTEN IN FOLDERS WITH...