GOVT2306 Chapter 3
Terms in this set (30)
What 2 forms of identification did 90 year old Jim Wright had that did not allow him to register to vote?
Driver's license, faculty ID card from TCU
What were the provisions of the 1965 Voting Rights Act?
states were free to pass laws affecting voting w/o Justice Department or U.S. District Court Approval
How did the Supreme Court decision, "Shelby County v. Holder" kill provisions of the 1965 Voting Rights Act?
the law did not require federal approval
How do Republicans defend the new TX Voter ID Law?
they say it was passed to reduce voter fraud
How do Democrats criticize the TX Voter ID Law?
they claim it was passed to disenfranchise many minority voters who tend to vote Democratic
What is federalism?
a system of govt. in which power is divided between a central govt. and regional governments
What percent of the world's population live within a federal system?
What is the significance of "Gibbons v. Ogden?"
Navigation is a form of interstate commerce
What provision in the U.S. Constitution gives Congress flexible power that can be expanded?
a federal system was created in which the national government was sovereign
What is the significance of "McCullough v. Maryland?"
Expanded national power and gave Congress the right to regulate interstate commerce
How could Congress create a state government in TX after the Civil War?
Article IV Section 4 of the Constitution
What is "dual federalism," and when did it exist?
the system of govt. that prevailed in the U.S. from 1789 to 1937, in which most fundamental governmental powers were strictly separated between the federal and state governments
What is "marble cake federalism?"
a way of describing federalism where the boundaries between the national govt. and state govt. have become blurred
What is "cooperative federalism?"
a type of federalism existing since the New Deal era in which grants-in-aid have been used to encourage states and localities to pursue nationally defined goals
What is "categorical grants?"
congressionally appropriated grants to states and localities on the condition that expenditures be limited to a problem or group specified law
What is the significance of "Wickard v. Filburn?"
growing wheat for your own use is a form of interstate commerce
What is "coercive federalism?"
federal policies that force states to change their policies to achieve national goals
What are "unfunded mandates?" Ex?
federal requirements that states or local governments pay the costs of federal policies
Ex. Americans with Disabilities Act
What is "preemption?"
where the national government imposes its priorities and prevents the state from acting in a particular field
In "Arizona v. Inter Tribal Council of Arizona," how did the Voter Registration Act of 1993 preempt the Arizona voter registration law?
The act did not require documentation of citizenship, but rather required a statement from the applicant that the applicant is a citizen
What are the examples of lawsuits against the national govt. filed by former TX Attorney General Greg Abbott?
Lawsuits against: Affordable Care Act, Environmental Protection Agency, Federal Energy Regulatory Commission, and a lawsuit regarding redistricting and voter identification related to pre clearance under the Voting Rights Act
What was the decision of the Supreme Court in "Printz v. U.S.?"
The Federal Govt. may neither issue directives requiring States to address particular problems, nor command officials to enforce a federal regulatory program
What was the "Sanford dictum" in 1925?
held in Gitlow v. New York that the First Amendment right of free speech was a fundamental right that applied to the states
What is "selective incorporation?"
rights in the Bill of Rights that the Court believes are fundamental and are held to apply to the states as well as the national government because they are part of the "liberty" protected from state action in the 14th Amendment
What did the Supreme Court decide "Sweatt v. Painter?"
What is the "rational basis test?"
presumes that the legal classification made by the govt. is constitutional; all the govt. must show is some rational justification for the law
What did a federal district court say about the TX Constitutional amendment which defined marriage as between one man and one woman?
the amendment was not connected to any legitimate governmental interest that justified a discriminatory law
"As a rough rule of thumb,
a classification based on race or one affecting fundamental rights will be judged under strict scrutiny or the 'compelling governmental interest' standard"
According to Professors Bentley and O'Brien, "the real value of restrictive voter ID
may be in what we might call 'surge protection' against the kind of mobilization of new, first-time voters who were very likely handed Obama his election
What are 2 TX examples that "State constitutions can provide greater constitutional guarantees to a state's citizens than the U.S. Constitution?"
same-sex marriage, school funding
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