Midterm Examination

Inherent Powers

Any nation must have them in order to function in the international system of systems, they ensure the nation's survival & intergrity as a political unit (more info on notes*)

Reserved Powers

Powers that the national govt. cannot deny to the states, stated in the 10th amend. (notes*)

Concurrent Powers

Powers held jointly by the national and state govt. most are implied.

Denied/Prohibited Powers

Denied powers to the National and State govt. Any power not granted expressly or implicitly to the federal govt. by the constitution is prohibited to it (notes*)

Dual Federalism

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

devolution

The transfer of powers from a national or central govt. to a state or local govt

cooperative federalism

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

picket-fence federalism

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

states' rights

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)

Interposition

If the Nat. govt. infringe upon the rights and is contrary to the const. Then the state will come in between the citizens and Nat. govt. State legislature will decide if the fed. govt. is infringing. (notes)

Nullification

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

civil liberties

Those personal freedoms that are protected for all individuals. Notes- the freedoms that we as individuals have that are protected against actions of the govt.

process of incorporation/incorporation theory

The view that most of the protections of the Bill of Rights apply to state govt through the 14th amend's due process clause. Notes- making Bill of Rights limits applicable to states. * process?

Free exercise clause

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

due process

the right to a proper trial *

Establishment clause

The part of the 1st amend prohibiting the establishment of a church officially supported by the national govt. or the state govt. The govt can neither promote nor disrcriminate against religious beliefs.

Search and seizure

133-134

clear and present danger test

expressions may be restricted if evidenc 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.

right to counsel

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.

exclusionary rule

A policy forbidding the admission at trial of illegally seized evidence

right to privacy

The right of privacy is not stated in the constitution but judges infer it from Amend 1, 3, 4, 5, 9, 14

Gideon v. wainwright

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)

Escobedo v. Illinois

A statement made by Escobedo in the absence of his attorney was made evidence, but was later overturned *

undue burden

*

roe v. wade

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.

politics of abortion

130-132

Miranda v. Arizona

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.

public safety exceptions

Because of public safety the situation may outweigh the needs to adhere to the Miranda Rights