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1. government has become a powerful/complex force in US
2. gov = necessary to maintain order, protect prop & provide public goods
3. Am gov = based on dem electoral institutions & pop rep bodies |
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| the institutions and procedure through which a land and its people are ruled |
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| a form of gov in which a single individual rules |
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| a form of gov where a small group of landowners, military officers or wealthy merchants controls most of the governing decisions |
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| a system of rule that permits citizens to play a significant part in gov process ex. voting |
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| constitutional government |
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| a system of rule where formal and effective limits are placed on the powers of gov |
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| a system of rule in which the government recognizes no formal limits but may be retrained by the power of other social institutions |
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| a system of rule in which the gov recognizes no formal limits on its power AND seeks to absorb or eliminate other social institutions that might challenge it |
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| a god that may be enjoyed by anyone if its provided may not be denied to anyone once it has been provided |
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| enjoying the benefits of some food or action while letting others bear the costs |
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| principal-agent relationship |
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each is motivated by self-interest yet their interets may not be well-aligned
political representatives = our agents
citizens = principals
citizens have authority and delegate some to politicans |
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| articles of confederation and perpetual union |
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America's first written constitution
adopted by the Continental Congress in 1777
formal basis for America's national government until 1789 when superseded by Constitution |
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| an agreement reached at the Constitutional Convention of 1787 that gave each state an equal # of senators regardless of population but linked reps in House of Reps to pop |
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| the division of a legislative body into 2 houses/chambers |
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| notion hat Constitution grants to the fed gov only those powers specifically named in its text |
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| necessary and proper clause |
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| article 1 section 8 of the Constitution which enumerates the powers of congress and provides congress with the authority to make all laws "necessary and proper" to carry them out also to a the elastic clause |
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the power of the courts to declare actions of the legislative and executive branches invalid/unconstitutional
supreme court assteassertedted this power in marbury v madison 1803 |
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| a clause of article VI of the Constitution that states that all laws passed by the national gov and all treaties are the supreme laws of the land and superior to all laws adopted by any state or subdivision |
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| division of governmental power among several institutions that must cooperate in decision making |
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| system of gov in which a constitution divides power between a central gov and regional gov |
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first 10 amendments in constitution
adopted in 1791
ensures certain rights and liberties to the people |
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| mechanisms through which each branch of gov is able to participate in and influence the activities of the other branches |
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| those who have favored a strong national gov and supported constitution proposed by the Am Const Convention in 1787 |
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| those who favored strong state governments and a weak national government and who were opponents of the constitution proposed at the american const conv of 1787 |
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| notion that the Constitution grants to the fed gov only those powers explicitly states |
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| powers derived from the necessary and proper clause of article 1 section 8 of the constitution. such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers |
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| powers, derived from 10th amendment, that are not specifically delegated to the fed gov or denied to the states are reserved to the STATES |
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| power reserved to the state to regulate the health safety welfare and morals of its citizens |
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| authority possessed by both state and national govs such as the power to levy taxes |
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| full faith and credit clause |
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| the provision in article IV section 1 of the constitution requiring that each state normally honors the public acts/judicial decisions that take place in another state |
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| privileges and immunities clause |
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| provision from article IV section 2 of the constitution that a state cannot discriminate against someone from another state or give its own residents special privileges |
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| power delegated by the state to a local unit of government to manage its own affairs |
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| the system of government that prevailed in the US from 1789 to 1937 in which most fundamental gov powers were shared between the fed and state govs wit the states exercising most important powers |
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| the clause found in article 1 section 8 of constitution which delegates to congress the power to "regulate commerce with foreign nations and among the several states and wit the indian tribes" this was interpreted by the Supreme court to favor of national power over economy |
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| a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals - also known as intergovernmental cooperation |
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| categorical grants-in-aid |
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| funds given by congress to states and localities that are earmarked by law for specific categories such as education or crime prevention |
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| a general term for funds given by congress to state and local govs |
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| grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis |
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| grants in aid win which a formula is used to determine the amount of federal funds a state or local gov with receive |
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| a form of federalism in which congress imposes legislation on the states and localities requiring them to meet national standards |
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| national standards or programs imposed on state and local govs by the federal government without accompanying funding or reimbursement |
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| the branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law) |
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| a system of jurisprudence including private law and governmental action for setting disputes that do not involve criminal penalties |
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| prior cases whose principles are used by judges as the bases for their decisions in present cases |
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| literally "let the decision stand" - the doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled |
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| cases involving the action of public agencies or officials |
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| the first court to hear a criminal or civil case |
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| court of appeals (or appellate court) |
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| a court that hears the appeals of trial-court decisions |
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| the highest court in a particular state or in the US. This court primarily serves an appellate function |
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| the domain over which an institution or member of an institution has authority |
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| the guarantee that no citizen may be subjected to arbitrary action by national or state government |
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| a court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion |
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the justice on the supreme court who presides over the Court's public sessions
Current = John Roberts |
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| the practice whereby the president, before formally nominating a person for a federal judgeship, finds out whether the senators from the candidate's own state support the nomination |
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| a clause of article VI of the Constitution that states that laws passed by the national government and all treaties are in the supreme laws of the land and superior to all laws adopted by any state or subdivision |
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| the right of an individual or an organization to initiate a court case |
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| a criterion used by courts to avoid hearing cases that no longer require resolution |
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| a formal request by an appellant to have the Supreme Court review a decision of a lower court. Certiorari is from a Latin word meaning "to make more certain" |
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| "friend of the court" - an individual/group who is not a party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief |
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| a written document in which an attorney explains - using case precedents - why a court should rule in favor of his or her client |
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| the stage in supreme court proceedings in which attorneys both both sides appear before the Court to present their positions and answer questions posed by justices |
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| the written explanation of the Supreme Court's decision in a particular case |
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| a decision written by a justice who voted with the minority opinion in a particular case - in which the justice fully explains the reasoning behind his/her opinion |
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| provision of public goods |
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| whether politically, economically or personal people are going to make decisions based on what is best for themselves at a certain time |
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| goods/services provided to all people without pay |
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| a framework of rules for governing behavior |
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| where they need to move people for elections – have one district vote for person x – don’t want that person – so redraw district lines (slang term for gerrymandering) |
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| set up courts, create taxes, build highways, borrow $, amek and enforce own laws, charter banks, spend $ as they deem fit, |
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| print money, declare war, establish army navy, treaties with foreign gov, international commerce/trade, establish post offices and issue postage, establish laws as necessary to uphold constitution |
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| Conduct own elections, public health and safety laws, anything not explicitly as a federal law the state laws can do |
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| prohibited drugs for contraceptives – unconstitutional – marital privacy |
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| Miranda rights established – fully inform people of their rights |
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| death penalty case – said punishment was cruel/unusual – but upheld |
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| right to privacy under due process clause - legalized abortion and a woman's right to choose - regulated by state based on trimester of pregnancy |
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case that established judicial review (power of the Supreme Court to declare constitutional validity of a legislative act - act of Congress)
President Adams appoints Marbury - new president Madison did not deliver commission |
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| established separate but equal ruling - railway cars |
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| challenged Plessy v Ferguson’s “separate but equal” → declared that ruling unconstitutional -> desegregated schools etc |
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| US charter banks – states don’t have power to tax federal gov |
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| Regents of the Univ of Cali v Bakke |
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| can’t have quotas in affirmative action |
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| upheld the affirmative action admissions policy of the University of Michigan Law School - they wanted to promote diversity so definitely considered race/background/other facts - court decided was ok because was not really a quota system |
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different drinking ages for males and fems = unconstitutional
To regulate in a sex-discriminatory fashion, the government must demonstrate that its use of sex-based criteria is substantially related to the achievement of important governmental objectives. |
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GOING ON NOW
affirmative action – U of T accepts top 10% of texas school students - white student ranked just below and says she was denied admission because of her race - already graduated from LSU so STFU |
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| National Federation of Int’l Business v Sebelus |
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| fed gov can make you buy healthcare |
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| flag burner in Texas at a public rally – considered non verbal freedom of speech – he won |
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| first Supreme Court case to decide whether the 2nd Amendment protects an individual right to keep and bear arms - declared it does for self defense/etc |
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| 2nd amendment does apply to individual states - 14th amendment |
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| states are required under 14th Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys --> this is an extension of federal gov requirement under 6th amendment |
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| 435 - 2 year terms - 4 years for res commissioner |
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| the protectors of citizens from improper governmental action - limit the government's authority to interfere in certain spheres of activity such as free speech and religion |
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| the legal or moral claims that citizens are entitled to make on the government - curb the power of majorities to exclude or harm individuals based on factors such as race, gender or ethnicity |
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| the ability of the court to exclude evidence obtained in violated of the 4th amendment |
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| derived from the SC's 1966 ruling in Miranda v Arizona whereby persons under arrest must be informed of their legal rights including their right to counsel before undergoing police interrogation |
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| the 1st amendment clause that says Congress shall make no law respecting an establishment of religion - this clause means that a wall of separation exists between church and state |
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| rule articulated in Lemon v Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion and neither promotes nor inhibits the practice of religion |
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| speech accompanied by activities such as sit-ins, picketing and demonstrations. Protection of this form of speech under the 1st amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order |
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| an effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. in the US the courts forbid prior restraint except under the most extraordinary circumstances |
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| a written statement made of reckless disregard of the truth and considered damaging to a victim because it is malicious scandalous and defamatory |
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| same as libel but an oral statement |
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| speech that directly incites damaging conduct |
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| proceeding according to law and with adequate protection for individual rights - aka every american is entitled fair treatment in the judicial process |
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| a jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's gult or innocence |
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| the right of the government to take private property for public use with reasonable compensation awarded for the property |
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| the right to be left alone which has been interpreted by the SC to entail free access to birth control and abortions |
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| the provision of the 14th amendment guaranteeing equal protection of the laws. This clause has been the basis for the civil tights of African Americans, women, etc. |
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| doctrine that public accommodations could be segregated by race but still be equal - established in Plessy v Ferguson and overturned in Brown v Board of ed |
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| racial segregation that is a direct result of law or official policy |
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| racial segregation that is not a direct result of law or government policy but is instead a reflection of residential patterns income distributions or other social factors |
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| the test used by the SC in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional |
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