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Ch. 3 and 4 Vocab
American Gov.
38
Political Studies
Undergraduate 1
09/29/2010

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Term
Block grants
Definition
grants from federal gov. to the states that may be used at the discretion of the states to pursue more generalized aims
Term
Concurrent powers
Definition
those powers shared by the federal and state governments under the constitution
Term
Confederation
Definition
a system of which government (or "league") in which two or more independent states unite to achieve certain specified aims.
Term
Cooperative federalism
Definition
the doctrine of federalism that affords Congress nearly unlimited authority to exercise its powers through means that often coerce states into administering and/or enforcing federal policies
Term
Dual federalism
Definition
The doctrine of federalism that holds that states act as a limit on congressional power authority under the Constitution.
Term
Federalism
Definition
the doctrine underlying a system of government in which power is divided between a central government and constituent political subunits.
Term
Full faith and credit clause
Definition
the provision in Article IV, Section 1 of the Constitution that forces states to abide by the official acts and proceedings of all other states
Term
Gibbons v. Ogden (1824)
Definition
the Supreme Court case that held that a federal license to operate steamboats overrides a state-granted monopoly of New York water rights under the Constitution.
Term
Grants-in-aid
Definition
grants from the federal government to states that allow state governments to pursue specific federal policies, such as highway construction.
Term
Layer cake federalism
Definition
description of federalism maintaining that the authority of state and federal governments exists in distinct and separate spheres.
Term
Marble cake federalism
Definition
Description of federalism as intertwining state and federal authority in an inseparable mixture.
Term
McCulloch v. Maryland (1819)
Definition
the Supreme Court case that established that Congress enjoys broad and extensive authority to make laws that are "necessary and proper" to carry out its constitutionally delegated powers.
Term
National supremacy doctrine
Definition
Chief Justice John Marshall's interpretation of federalism as holding that states have extremely limited sovereign authority, whereas Congress is supreme within its own sphere of constitutional authority.
Term
Necessary and proper clause
Definition
The clause in Article I, Section 8 of the Constitution that affords Congress the power to make laws that server as a means to achieving its expressly delegated powers.
Term
Preemption
Definition
the constitutional doctrine that holds that when Congress acts affirmatively in the exercise of its own granted power, federal laws supersede all state laws on that matter.
Term
Reserved powers
Definition
those powers expressly retained by the state governments under the Constitution.
Term
Sovereignty
Definition
the supreme political power of a government to regulate its affairs without outside interference.
Term
Supreme clause
Definition
the provision in Article VI, Paragraph 2 of the Constitution that provides that the Constitution and federal laws override any conflicting provisions in state constitutions or state laws.
Term
Unfunded mandate
Definition
a directive from the federal government to the states requiring they perform certain functions, with no accompanying funds to support those functions.
Term
Unitary system of government
Definition
a system of government in which the constituent states are strictly subordinated to the goals of the central government as a whole.
Term
Bail
Definition
an amount of money determined by a judge that the accused must pay to a court as security against the defendant's freedom before trial.
Term
Bill of attainder
Definition
an act of legislature declaring a person (or group) guilty of some crime, and then punishing the accused without a trial. The Constitution denies Congress this ability.
Term
Civil liberties
Definition
those specific individual rights that cannot be denied to citizens by the government that are guaranteed by the Constitution. Most of the rights are int he first eight amendments to the Constitution
Term
Double jeopardy
Definition
the constitutional protection that those accused of a crime cannot be tried twice for the same crime.
Term
Establishment clause
Definition
clause in the 1st Amendment that prohibits gov. from enacting any law "respecting any establishment of religion." Separationist interpretations of this clause affirm that gov. should not support any religious activity. Accommodationists say that support for a religion is legal provided that all religions are equally supported.
Term
Ex post facto law
Definition
law that punishes someone for doing something in the past at a time when the act was not illegal. The Constitution denies gov. to write these laws.
Term
Exclusionary rule
Definition
legal rule requiring that all evidence illegally obtained by the police in violation of the Bill of Rights must be "excluded" from admission in a court of law, where it might of assisted in convicting those accused of committing crimes.
Term
Free exercise clause
Definition
religious freedom clause in 1st Amendment that denies gov. the ability to prohibit the free exercise of religion.
Term
Good faith exception
Definition
exception to the exclusionary rule that states if a search warrant is invalid through no fault of the police, evidence may be submitted to court
Term
Incorporation
Definition
process by which Supreme Court used the due process clause of 14th Amendment to make applicable to the states most of the individual rights guaranteed by Bill of Rights. These rights could not be denied.
Term
Katz test
Definition
legal standard that requires the gov. to attain a warrant demonstrating "probable cause" for any search that violates a person's actual and reasonable expectation of privacy.
Term
Lemon test
Definition
legal test that determines if a gov. statute aiding public or private school is an unconstitutional violation of the establishment clause.
Term
Libel
Definition
printing or disseminating false statements that harm someone.
Term
Miranda warning
Definition
Supreme Court's requirement that when an individual is arrested he or she must be read a statement that includes the person's right to remain silent and right to attorney.
Term
Prior restraint
Definition
Gov' requirement that a story be approved by a government before it can be published.
Term
SLAPS test
Definition
standard that courts established to determine if material is obscene based on whether the material has serious literary, artistic, political, and scientific value. If it does, then the material is not obscene.
Term
Symbolic speech
Definition
non-spoken forms of speech that might be protected by 1st Amendment, such as flag burning, wearing armbands at school to protest war, camping out in public parks to protest plight of homeless
Term
Warrant
Definition
document issued by a judge or magistrate that allows law enforcement to search or seize items in a home, business, or anywhere else that might be specified.
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