Section 1
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Barron v. Baltimore
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Last updated
6 years ago
Date created
Mar 14, 2020
Cards (103)
Section 1
(50 cards)
Barron v. Baltimore
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
Government
a system or organization for exercising authority over a body of people
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Democracy
government by the people
Federalists
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Civil Liberties
Constitutional freedoms guaranteed to all citizens ( at the time only granted to white wealthy land owners)
Politics
who gets what, when, and how
Devolution
the transfer of powers and responsibilities from the federal government to the states
3/5 Compromise
-each slave would count for 3/5 of a person for taxation and representation purposes
Economics
the production and distribution of society's material resources and services
expectation
people now expect more from government in general
unfunded mandates
Programs that the Federal government requires States to implement without Federal funding.
Declaration of Independence
- Formal declaration of independence Rationale and justification for seeking independence List of grievances
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
enumerated powers
Powers given to the national government alone
Antifederalists
Opponents of ratification of the Constitution and of a strong central government, generally.
other key features of consti.
Protection of the propertied classes Battles between states and their power People only voted for House of Representatives No protection of civil rights and liberties Women and minorities not included in new government
Federalist Papers
a series of 85 essays written by Hamilton, Madison, and Jay (using the name "publius") published in NY newspapers and used to convice readers to adopt the new constitution
Benefits of Federalism
Protection against tyranny Experimentation Flexibility Government Accessibility Government Responsiveness
sedition
conduct or speech inciting people to rebel against the authority of a state or monarch.
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Great Compromise
agreement providing a dual system of congressional representation
Terrorism
since September 11, 2001, most Americans are willing to give up some of their rights and give more power to the federal government if it means more security for the American people
block grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
Popular Sovereignty
Rule by the people
Confederacy
A loose union of independent states
Republicanism
A form of government in which people elect representatives to create and enforce laws
Police powers (reserved powers)
state power to enact laws promoting health, safety, and morals
Civil War (1861-1865)
battle between national supremacy
Social Contract
An agreement between the people and their government signifying their consent to be governed
categorical grants
Federal grants for specific purposes, such as building an airport
Mculloch v. Maryland (Conflict 1)
1819, state tax on the Second Bank of the US was unconstitutional, and a national bank is implied by the 'necessary and proper' clause of the Constitution. Federal law/state law
Sucession
The election of Abraham Lincoln was the final event that caused the southern states to leave the Union. In December 1860, South Carolina voted unanimously to secede. Within the next six weeks Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas had all seceded. In February 1861, representatives of seven states met in Montgomery, Alabama to create the Confederate States of America. (p. 259)
authority
power that is recognized as legitimate
Federalism
System of shared sovereignty 2 levels of government Same geographic region
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
seperation of powers
dividing the powers of government among the executive, legislative, and judicial branches
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Republic
a government in which decisions are made through representatives of the people
John Locke
English philosopher who advocated the idea of a "social contract" in which government powers are derived from the consent of the governed and in which the government serves the people; also said people have natural rights to life, liberty and property.
New Deal
Purpose of New Deal: Regulate business and provide social safety net to get out of Great Depression
Civil Rights Movement
Legislation passed during movement allowed the federal government to REGULATE THE STATES Legislation ended racial discrimination and provided for federal oversight of state action to prevent further racial discrimination Supreme Court enforced an expansive interpretation of the 14th Amendment
Jim Crow Laws
Laws designed to enforce segregation of blacks from whites
No federal influence
The federal government keeps out of the states' business
Nullification
A state's refusal to recognize an act of Congress that it considers unconstitutional
concurent
occurring at the same time
Power
the ability to get other people to do what you want
incorporation doctrine
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
Section 2
(50 cards)
dejure discrimination
Racial segregation that is a direct result of law or official policy
minimum rationality test
standard of review used by the Court to evaluate laws that make a nonsuspect classification
McCleskey v. Kemp
The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants.
American Indian Movement
a civil rights group organized to promote the interests of Native Americans
District of Columbia v. Heller
U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm
8th Amendment
No cruel or unusual punishment
6th Amendment
Right to a speedy trial
10th Amendment
Powers Reserved to the States
south carolina v. katzenbach
Upheld Voting Rights Act of 1965 which required some states with histories of discrimination to get pre-clearance for voting laws for all types of elections
amnesty
(n.) a general pardon for an offense against a government; in general, any act of forgiveness or absolution
Miller Test
The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy
Cruzan v. Missouri
1990 case declining to extend the constitutional right to privacy to include the right to die (assisted suicide). Three states currently allow assisted suicide. It is a serious crime everywhere else.
Non-suspect classification
discrimination of other things
de facto discrimination
discrimination that is the result not of law but rather of tradition and habit
prior restraint
government censorship of information before it is published or broadcast
rational basis test
A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest.
DREAM Act
legislation still pending that would grant certain immigrants amnesty who meet certain requirements
suspect classification
classifications of people based on their race or ethnicity; laws so classifying people are subject to "strict scrutiny"
9th Amendment
Citizens entitled to rights not listed in the Constitution
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.( last to be incorporated)
Gregg v. Georgia
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.
quasisuspect classification
a less targeted classification of individuals
First Amendment
5 freedoms: speech, press, religion, assembly, petition
13th Amendment (1865)
Abolition of slavery w/o compensation for slave-owners
executive order 9981
President Truman desegregated US military
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Slander
the action or crime of making a false spoken statement damaging to a person's reputation.
Termination 1953
State agencies would take over services and jurisdiction of all tribes Native Americans would no longer be recognized as such on any political level. Severed relationship between federal government and native americans Native Americans were left without a political voice Many tribes spiraled into poverty
Indian Reorganization Act
1934 - Restored tribal ownership of lands, recognized tribal constitutions and government, and provided loans for economic development.
Furman v. Georgia
This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.
Civil Rights Act of 1964
Outlawed discrimination in places of public accommodation Withheld public funding for failure to comply Banned employment discrimination Allowed for people and the government to sue in federal court
7th Amendment
Right to jury in civil trials.
Griswald vs. Connecticut
the Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
3rd Amendment
No quartering of soldiers
Voting Rights Act of 1965
a law designed to help end formal and informal barriers to African-American suffrage
Intermediate Scrutiny Test
The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation.
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
fighting words
words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
Dredd Scott v. Sanford
The case that said slaves were property and had no rights
capital punishment
death penalty
4th Amendment
Freedom from unreasonable searches and seizures
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
native americans civil rights
Nixon ends termination Replaces with Self Determination Tribal control Social programs Law Enforcement Education All other services traditionally controlled by federal government
McDonals v. Chicago
the supreme court incorporates the 2nd amendment
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Lawrence v. Texas
state law may not ban sexual relations between same-sex partners
civil rights
the rights of citizens to political and social freedom and equality.
Section 3
(3 cards)