CLEP American Government 2025 complete
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Terms in this set (297)
determind that Bill of Rights applied to the Fed govt
and did not bind state govts, confirmed dual
Barron v Baltimore, 1833
citizenship (citizens of both fed govt and state they
reside in)
practiced in US, system of govt that divides govt
federalism
responsibilities between state and fed govts
implies that the powers of the central and state
layer-cake federalism
govts are separate but overlapping
idea that national and state govts are sovereign in
dual federalism their own distinct spheres, clear distinctions
between govts
also known as marble-cake federalism, emphasizes
cooperative federalism responsibilities of state govts and the fed govt
overlap, shared responsibilities
Article 1, Sec 2, fed courts use to enhance power of
commerce clause national govt, Congress has power to regulate
commerce that takes place between States
equal protection clause 14th Amendment, strike down segregationist laws
de jure segregation segregation as a matter of law
segregation resulting from the fact that people of
de facto segregation different colors lived in different areas and therefore
went to different schools
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categorical grants grants to fund specific projects
federal grants with fewer strings attached, states
block grants
prefer these to categorical grants
fed govt instructs a state to meet certain
unfunded mandate requirements without providing funding, for
example the Real ID Act of 2005
devolution shifting of power
Article III Constitution, federal court system
presidential appointee within the Justice Dept who
solicitor general
argues on the government's behalf
first step in a case being heard by the Supreme
writ of certiorari Court, calls for lower court to send records related
to the case
remanded the case is sent back to a lower court for retrial
opinion per curiam an unsigned opinion
justices agree with their decision but for reasons
concurring opinion
different from those stated in the majority opinion
United States Report Supreme Court decisions, public record
under the Supreme Court, have general jurisdiction
US district courts (over varied topics), trial courts related to federal
govt or law, each state has at least 1
appellate court, appeal made after US district court
US court of appeals
decision
submitted by interest groups, "friend of the court"
amicus curiae briefs briefs persuade the court that it should decide a
case a certain way
a court that grants the federal govt the power to
place surveillance on suspected spies, initiated by
FISA court
FISA Act (Foreign Intelligence Surveillance Act of
1978)
senatorial courtesy a senator's veto of a judicial nomination
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Supreme Court's main judicial officer, manages the
Court itself, presides over the federal court system
chief justice
and the Judicial Conference of the US, setting the
court system's priorities
the power to determine what is and what isn't
judicial review constitutional, established in Marbury v Madison,
1803
judges acting as legislators and making policy as
judicial activism
they see fit
federal judges decide narrow constitutional matters
judicial restraint and don't usurp the power of the other branches of
govt
interpret the Constitution in light of its underpinning
broad construction
principles and in light of evolving moral and cultural
approach
standards, , "living Constitution", liberal
strict construction wish to be faithful to the letter of the words of the
approach Constitution
govt right to acquire private property in the public
eminent domain
interest
civil liberties freedoms granted to us by the Constitution
privileges and powers granted to the people as
civil rights
equals under the law
in Bill of Rights, 1st Amendment, Congress may not
establishment clause
establish (found) an official religion
in Bill of Rights, 1st Amendment, individuals have
free-exercise clause
freedom to engage in religious practices
provided courts/interest groups with a "Lemon Test"
Lemon v Kurtzman 1971 to determine whether their activity was
constitutional, remained in place until 1997
court decided that 1st Amendment of Constitution
requires only govt neutrality toward religion,
Agostini v Felton allowed public school teachers to teach remedial,
nonreligious classes at religious schools at taxpayer
expense
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