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midterm 2
vocab
29
Political Studies
Undergraduate 1
07/06/2008

Additional Political Studies Flashcards

 


 

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Term
TERM
Definition
DEFINITION
Term
Inherent Powers
Definition

nation's inherent right to ensure its survival;

each nation must have the ability to act in its own interest among other nations

 

Any nation must have them in order to function in the international system of systems, they ensure the nation's survival & integrity as a political unit

 

Found in the Constitution, traditional practice & interpretation by the courts

 

ex: regulate immigrants, make treaties, wage war, make peace

Term
Reserved Powers
Definition

Powers that the national govt. cannot deny to the states

 

tenth amendment: powers that are not delegated to the US by the Constitution, and nor prohibited to the states, are reserved to the states

 

ex: police power: authority to legislate for the protection of the health, morals, safety, and welfare of the people; enables states to pass lawa governing crimes, marriage, contracts, education, intrastate trasportaion and land use

Term
Concurrent Powers
Definition

Powers held jointly by the national and state govt; in Constitution but most are implied

 

ex: power to tax; power to borrow funds, establish courts, spend money, regulate commerce

 

state: intrastate"within"

 federal: interstate"across"

Term
Denied/Prohibited Powers
Definition

Denied powers to the National and State govt.

 

Federal

Any power not granted expressly or implicitly to the federal govt. by the constitution is prohibited to it

 

found in Constitution, Article I Section 9, Bill of Rights

 

ex: habeas corpus, no ex post facto laws, no bills of attainder, cant infringe rights

 

 State

found in Constitution, Article I Section 10, Bill of Rights

 

ex: cant coin money, enter into treaties, regulate commerce, refuse other state citizens equalities

Term
Dual Federalism
Definition

A system in which the states and the national govt each remain supreme within their own spheres.

 

The doctrine looks on nation and state as so-equal sovereign powers. Neither the state govt. nor the national govt. should interfere in the other's sphere

 

"layer cake"

Term
devolution
Definition
transfer of powers from a national or central govt. to a state or local govt
Term
cooperative federalism
Definition

The theory that the states and the national govt should cooperate in solving problems.

 

"marble cake"

Term
picket-fence federalism
Definition

A model of federalism in which specific programs and policies (depicted as vertical pickets) involve all levels of govt national, state, and local (horizontal pickets).

 

Officials at each level of the govt work together to promote and develop the policies

Term
states' rights
Definition
The court interpreted the 11th amend. that there will be lawsuits against state govt for violation of rights established by federal laws unless the states consent to be sued. 10th amend as well. (text 100-102)
Term
Interposition
Definition

If the National govt. infringes upon rights and is contrary to the const. then the state will come in between the citizens and National govt.

 

 State legislature will decide if the fed. govt. is infringing. (notes)

Term
Nullification
Definition

The states remain sovereign entities so they have the right to declare federal laws null and void.

 

when states nullify a law and federal govt still persists, they heve the right to sucede (no longer true due to civil war)

Term
civil liberties
Definition

Those personal freedoms that are protected for all individuals; restrainment of govt actions against individuals

 

the freedoms that we as individuals have that are protected against actions of the govt.

Term
process of incorporation/incorporation theory
Definition

The view that most of the protections of the Bill of Rights apply to state govt through the 14th amend's due process clause.

 

making Bill of Rights limits applicable to states through 14th ammendment. * process?

Term
Free exercise clause
Definition

The provision of the First Amend guaranteeing the free exercise of religion.

 

constrains the national govt from prohibitng individuals from practicing the religion of their choice

Term
due process
Definition

applying the law fairly and going through procedures before depriving on of their liberties

 

the right to a proper trial *

Term
Establishment clause
Definition

 The govt can neither promote nor discriminate against religious beliefs.

 

First Amendment: prohibits the establishment of a church that is officially supported by the national govt, guaranteeing a division between church and state

Term
Search and seizure
Definition

Amendment IV

 

133-134

Term
clear and present danger test
Definition
expressions may be restricted if evidence exists that such expression would cause a condition, actual or imminent (create a clear and present danger to the peace or public order) that the congress has the power to prevent.
Term
right to counsel
Definition
If a person is accused of a felony and cannot afford an attorney and attorney must be made available to the accused person at the govt's expense. Came after Gideon v. wainwright case, before only for capital cases.
Term
exclusionary rule
Definition
A policy forbidding the admission at trial of illegally seized evidence
Term
right to privacy
Definition
The right of privacy is not stated in the constitution but judges infer it from Amend 1, 3, 4, 5, 9, 14
Term
Gideon v. wainwright
Definition
A man who was arrested for burglary, petitioned and obtained a lawyer. It was after this case the Court held that if a person is accused of a felony an attorney must be made available to the accused. (pg 135)
Term
Escobedo v. Illinois
Definition
A statement made by Escobedo in the absence of his attorney was made evidence, but was later overturned *
Term
undue burden
Definition

"burden may be 'undue' either because [it] is too severe or because it lacks a legitimate, rational justification."

 

The undue burden test has been used to judge the constitutionality of tax laws, consumer product liability laws, affirmative action, voter registration laws and even anti-spam laws.

Term
roe v. wade
Definition
trimester framework- 1st abortion an issue solely between a woman and her physician. 2nd for the protection of the mother the state was allowed to specify the conditions under which an abortion could be performed, 3rd state can regulate or even outlaw abortion except when the mother's life is in danger.
Term
politics of abortion
Definition
130-132
Term
Miranda v. Arizona
Definition
Ernesto Miranda was arrested and charged with kidnapping and rape of a young woman, he confessed later and was convicted. His lawyer appealed arguing he was not informed of his right to remain silent and counsel.
Term
public safety exceptions
Definition
Because of public safety the situation may outweigh the needs to adhere to the Miranda Rights
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