complete questions ( frequently tested)
and answers
determind that Bill of Rights applied to the Fed govt and did not bind state govts, confirmed dual
citizenship (citizens of both fed govt and state they reside in) - CORRECT ANSWER- Barron v
Baltimore, 1833
practiced in US, system of govt that divides govt responsibilities between state and fed govts -
CORRECT ANSWER- federalism
implies that the powers of the central and state govts are separate but overlapping - CORRECT
ANSWER- layer-cake federalism
idea that national and state govts are sovereign in their own distinct spheres, clear distinctions
between govts - CORRECT ANSWER- dual federalism
also known as marble-cake federalism, emphasizes responsibilities of state govts and the fed
govt overlap, shared responsibilities - CORRECT ANSWER- cooperative federalism
Article 1, Sec 2, fed courts use to enhance power of national govt, Congress has power to
regulate commerce that takes place between States - CORRECT ANSWER- commerce clause
14th Amendment, strike down segregationist laws - CORRECT ANSWER- equal protection
clause
segregation as a matter of law - CORRECT ANSWER- de jure segregation
segregation resulting from the fact that people of different colors lived in different areas and
therefore went to different schools - CORRECT ANSWER- de facto segregation
grants to fund specific projects - CORRECT ANSWER- categorical grants
federal grants with fewer strings attached, states prefer these to categorical grants - CORRECT
ANSWER- block grants
fed govt instructs a state to meet certain requirements without providing funding, for example
the Real ID Act of 2005 - CORRECT ANSWER- unfunded mandate
shifting of power - CORRECT ANSWER- devolution
Constitution, federal court system - CORRECT ANSWER- Article III
presidential appointee within the Justice Dept who argues on the government's behalf -
CORRECT ANSWER- solicitor general
first step in a case being heard by the Supreme Court, calls for lower court to send records
related to the case - CORRECT ANSWER- writ of certiorari
,Supreme Court decisions, public record - CORRECT ANSWER- United States Report
under the Supreme Court, have general jurisdiction (over varied topics), trial courts related to
federal govt or law, each state has at least 1 - CORRECT ANSWER- US district courts
appellate court, appeal made after US district court decision - CORRECT ANSWER- US court of
appeals
submitted by interest groups, "friend of the court" briefs persuade the court that it should decide
a case a certain way - CORRECT ANSWER- amicus curiae briefs
a court that grants the federal govt the power to place surveillance on suspected spies, initiated
by FISA Act (Foreign Intelligence Surveillance Act of 1978) - CORRECT ANSWER- FISA court
a senator's veto of a judicial nomination - CORRECT ANSWER- senatorial courtesy
Supreme Court's main judicial officer, manages the Court itself, presides over the federal court
system and the Judicial Conference of the US, setting the court system's priorities - CORRECT
ANSWER- chief justice
the power to determine what is and what isn't constitutional, established in Marbury v Madison,
1803 - CORRECT ANSWER- judicial review
judges acting as legislators and making policy as they see fit - CORRECT ANSWER- judicial
activism
federal judges decide narrow constitutional matters and don't usurp the power of the other
branches of govt - CORRECT ANSWER- judicial restraint
interpret the Constitution in light of its underpinning principles and in light of evolving moral and
cultural standards, , "living Constitution", liberal - CORRECT ANSWER- broad construction
approach
wish to be faithful to the letter of the words of the Constitution - CORRECT ANSWER- strict
construction approach
govt right to acquire private property in the public interest - CORRECT ANSWER- eminent
domain
freedoms granted to us by the Constitution - CORRECT ANSWER- civil liberties
privileges and powers granted to the people as equals under the law - CORRECT ANSWER-
civil rights
in Bill of Rights, 1st Amendment, Congress may not establish (found) an official religion -
CORRECT ANSWER- establishment clause
in Bill of Rights, 1st Amendment, individuals have freedom to engage in religious practices -
CORRECT ANSWER- free-exercise clause
provided courts/interest groups with a "Lemon Test" to determine whether their activity was
constitutional, remained in place until 1997 - CORRECT ANSWER- Lemon v Kurtzman 1971
, court allowed parents to use publicly funded school vouchers to pay tuition at religious schools -
CORRECT ANSWER- Zelman v Simmons- Harris, 2002
Court held that a Christmas manger display, along with a depiction of Santa, on public property
was constitutional - CORRECT ANSWER- Lynch v Donnelly, 1984
Court prohibited Bible reading and prayer in public schools - CORRECT ANSWER- Engel v
Vitale
Court ruled that a state could not decline to give unemployment benefits on account of a
Seventh-Day Adventist's refusal to work on a Saturday - CORRECT ANSWER- Sherbert v
Verner, 1963
"Clear and present danger" test, free speech - CORRECT ANSWER- Schenck v US, 1919
Mapp v Ohio, evidence obtained illegally cannot be used against a defendant (4th Amendment)
- CORRECT ANSWER- exclusionary rule
if a warrant to gather evidence was based on faulty evidence but given in good faith, the
evidence could still be used in trial - CORRECT ANSWER- good faith exception principle
handing over to private enterprise work that was formerly done by government employees -
CORRECT ANSWER- privatization
if government regulates less and allows private enterprise greater freedom, government growth
will slow, because there is less regulation to enforce - CORRECT ANSWER- deregulation
turning over of functions carried out by federal government to the states - CORRECT ANSWER-
devolution
the party that generally favors privatization, deregulation and devolution more - CORRECT
ANSWER- Republicans
1. specialization
2. chain of command
3. rules and guidelines
4. written records
5. professionalism - CORRECT ANSWER- 5 characteristics of Bureaucracy
system where political victory went with benefits like the ability to give supporters jobs -
CORRECT ANSWER- spoils system
another term for the spoils system - CORRECT ANSWER- patronage
first law to make some government jobs off-limits to patronage - CORRECT ANSWER-
Pendleton Act of 1883
the primary purpose of agencies within the federal bereaucracy - CORRECT ANSWER-
implement laws passed by Congress
write and enforce rules that regulate some element of industry (ICC) - CORRECT ANSWER-
independent regulatory commissions