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273 Cards in this Set

  • Front
  • Back
______ is the constituional sharing of powers between the state and national government
Federalism
Every American holds ______ with the ______ and ______.
Dual citizenship
United States
Their individual state
The National government posses ______,______,_____ and ______ powers.
Inherent
Delegated
Implied
Concurrent
_______are powers which are crucial to national sovereignty
Inherent Powers
National Sovereignty is ______
freedom from external control
______ powers do not rely on specific constituitional stipulations. The most signifigant of these are foreign policy, making treaties and maintaining diplomatic relations.
Inherent Powers
Administration of the court says a judge has the power to decide what goes on in his court, this in an example of ______ powers.
Inherent Powers
The ______ power of the president would be the authorization of ______ surveillance.
Inherent
Warrant-less
The Patriot Act is an example of ______ powers.
Inherent
The Patriot Act was signed by ______ on ______.
George W. Bush
October 26, 2001
There are ______ titles in the Patriot Act.
10
Patriot Act stands for....
Uninting and strengthing of America by providing appropriate tools required to intercept and obstruct terrorism Act of 2001
Between the years of ___&___, ______warrant applications were made to FISC. ______ were approved.
1979 & 2006
22,990
22,985
Title ______ addresses wire tapping.
206
The reauthorized Patriot Act permits the tapping of....
any device used by a particular target rather than a single device.
Title _____ seems to be in court all the time
206
National Security Letters (NSLs) were ____ created by the Patriot but were ______ by the Patriot Act.
Not
Used
The National Security Letters are equivalent to a ______.
Grand Jury Subpoena
The Patriot Act's original sunset date was?
December 31, 2005
The reauthorized act was signed into law by ______ on ______.
President Bush
March 9, 2006
Title ______ allows the FBI to obtain a warrant in secret.
215
The special court from which the FBI can obtain secret warrants is called?
FISC
Foreign Intelligence Surveillance Court
The ______ act of ______ identifies the procedures for surveillance & collecting information
Foreign Surveillance Act
1978
Section ______ orders are now restricted to be authorized by ______.
215
3 top level officials
The reauthorized patriot act contains....
27 civil liberty safe guards
A new sunset date for the Patriot Act is set for
December 31, 2009
National Security Letters allow FBI agents to search telephone, internet, email and financial records......
without a court order
Section ______ deals with National Security Letters
505
The FBI can use NSLs to request the recodrs of individuals who ______ connected to terrorism.
are not
It is estimated that ______ NSLs are issued anually.
30,000
In the reauthorized Patriot Act NSL gag provisions changed, A high ranging official would have to certify that...
disclosure of the letter would result in a danger to national security.
The recipient of an NSL has the right to____
challenge the validity of the letter
Libraries, except those that ______ are exempt from recieving NSLs.
provide electronic communication services
The Attorney General is required to submite a report ______ on all NSL requests.
twice a year
Section 213 deals with what kind of searches and warrants?
Sneak and Peek
Warrants under section 213 are issued under__________.
reasonable cause
The FISC warrant requirements are _______ than standard warrants
less stringent
Traditional warrants are issued under__________.
probable cause
The reauthorized Patriot Act requires that notice of a search be given within _____ of the time the warrant is executed.
30 days
___________ Powers are powers that the Constituition specifically assigns to one of the 3 branches of government.
Delegated
Article one of the constituition addresses the ______ powers.
Legislative
Article two of the constituition addresses the ______ powers.
Executive
Article three of the constituition addresses the ______ powers.
Judicial
The power to coin money and regulate interstate commerce is a ______ power.
Delegated
The power to create a post office is a ______ power.
Delegated
These powers cannot exist without a delegated power.
Implied powers
The constituitional basis for implied powers is the ______.
Necessary and proper clause
Implied powers are addressed in_________.
Article 1 section 8
_______powers give congress the right to make all laws which are necessary for carrying out the delegated powers
Implied
the power to create a bank or draft men are examples of ________ powers.
Implied
The state government exercises both ______ and ______ powers.
Concurrent
Reserved
________ powers are executed by both the state and federal government.
Concurrent
States cannot use their ______ to interfere in national policies.
Concurrent powers
According to article 6, the constituition and federal laws are superior to_________.
any conflicting state and local laws
Article 6 is known as the _______.
National Supremacy Law
The power to levy taxes and and maintain courts are examples of ______.
Concurrent Powers
The power to charter banks and of eminent domain are example of ________.
Concurrent powers
______ is the power to appropriate private property for public use.
Eminent Domain
_____ powers are only exercised at the state level.
Reserved
______ powers are identified in the 10th Amendment.
Reserved
______ powers are neither delegated to the U.S. by the constitution nor prohibited by it to the states or to the people
Reserved
The ______ amendment provides states with police power.
10th
______ powers gives the states the power to pass laws that govern such activities as crime, education, marriage and land use,
Reserved (police) powers
Police (reserved) powers gives the authority to legislate for the ________________of the people.
health
morals
safety
welfare
The 10th amendment is alos known as the ______ or _______ amendment.
reserve
residual powers
The issuance of birth and death certificates is an example of ______ powers.
reserved
The regulation of intrastate commerce is an example of _______ powers.
reserved
The regulation of marriages and divorces is an example of _______ powers.
reserved
The regulation of gambling is an example of _______ powers.
reserved
Article ______ section ______ provides a list of restrictions on the government.
Article 1 Section 9
Artile _____ Section _____ prevents bills of attainder.
Article 1 Section 9
The government ______ pass ex post facto laws.
cannot
______ is any law that designates as criminal an act that was not a crime when it was committed or may also increase the punishment.
Ex post facto
The protection from ex post facto only applies to _______.
Criminal law
______ are laws that would declare a person guilty of a crime without a trial.
Bills of attainder
______ do not prevent retroactive laws which would benefit the accused.
ex post facto laws
The laws which prevent bills of attainder have roots in ___________.
English common law
It was not uncommon for ______ to find citizens guilty of _____ w/out a tril, seize their property and sentence them to death.
King of England
Treason
Article 1 section 9 prohibits the suspension of______.
the writ of habeas corpus
_____ literally means you bring the body.
habeas corpus
_____ is an order that requires a jailor to bring the accused before a court or judge and explain why he/she is being held.
writ of Habeas Corpus
________ is an application process and is known as a post conviction remedy.
writ of habeas corpus
the most common complaint used during the writ of habeas corpus process is ______.
Ineffective council.
Gave blacks the right to vote
amendment 15
called for the direct election of senators
amendment 17
gave women the right to vote
amendment 19
eliminated the poll tax
amendment 24
changed the voting age to 18
amendment 26
The ____ amendment provides for privileges and immunities, due process and equal protection.
amendment 14
interstate obligations is also known as _______.
horizontal federalism
Article ____ of the constitution provides certain protections for citizens of a state.
4
Article ___ and ____ of the Louisiana constitution prohibits same sex marriages.
12 and 15
The defense of marriage act was signed into law in ____ by ______.
1996
President Clinton
Article 4 requires ______ to enforce the civil judgements of other courts and accept their public records as valid documents.
all 50 states
Article 4 applies to non-criminal judicial proceedings such as_____________.
Birth certificates and
Divorce Decrees
The ________act stipulates that no state shall be required to give effect to a law with any other state with respect to same sex marriage.
Defense of Marriage Act
The Defense of Marriage Act defines marriage as_______.
being between a man and woman
By the end of 2006 ___ states passed legislation similar to that of the defense of marriage act.
39
Article 4 addresses _______.
Full faith credit
States must extend to the citizens of other staes the same _____ granted to their own citizens.
privileges and immunities
States are not allowed to impose unreasonable _________.
residency requirements
A state cannot legally set two different _________.
income tax rates
Individuals who hold a ________ license would have to meet the requirements set by the state they are moving to.
professional or occupational
Students who attend a college outside of their home state, often have to _____________.
pay higher tuition rates
people seeking a hunting or fishing liscense in a state that they do not reside can expect to ______.
higher license fee
rendition
state
extradition
country
in the past, ______, have refused to return fugitives on the grounds of ___________.
governors
unsafe prison conditions and questions over a fair trial
it has become harder for ______ to refuse the return of fugatives because_____.
governors
a fleeing felon who crosses state lines is a federal offense and the federal government is the principal actor
______ can admit new states to the union but there are no _________.
congress
fixed rules for admission
a territory that wished to join as a state must petition congress and they will be granted__________.
a congressional enabeling act
a congressional enabeling act allows____________.
the drafting of a constitution
Alaska is state _____
Hawaii is state ______
both were admitted in
49
50
1959
In the erly U.S. history the court ______ the growth of federalism.
assisted
After the civil war and up to the late 1930's the court was ________ of state's rights.
a champion
From the 1930's to the present the court has supported the expansion of _________.
the powers of the federal government
Year of the McCulloch vs. Maryland
1918
The decision in the case of McCulloch vs.Maryland was crutial for two reason, they are.....
it established the power of implied national powers and national supremacy
In McCulloch vs. Maryland, the bank in question was located in what city and state?
Baltimore, Maryland
In McCulloch vs. Maryland, the bank was a branch of ____________.
The Bank of the United States
In McCulloch vs. Maryland, the state of Maryland created a law that was going to ______.
tax any bank that was not chartered by the state
The Bank of the United States was a creation of congress to ________.
Control the issuance of currency
who was the Cashier when Maryland went to the U.S. bank to collect the tax?
James McCulloch
James McCulloch _______to pay the the tax.
refused
McCulloch's attorney argued that_________.
A state cannot tax an instrument of the federal government
Maryland believed it was their right to tax any___________.
institution within their boundries
Maryland argues that the constitution did not specifically give the federal government the right to_____.
create a bank
In McCulloch vs. Maryland, who was the ruling chief justice?
John Marshall
John Marshall wrote that although the constitution dod not specifically give the power to charter a bank, it can be implied throught the________.
necessary and proper clause
The necessary and proper clause is located in _______.
Article 1 section 8
Marshall pointed out that the constitution does give the power to tax, spend and coin money so a federally chartered banks is....
a suitable instrument to carry out these activities
Marshall said that no state could use its ______ powers to interfere with the execuition of ___________. His statement established....
concurrent
the national governments duties
doctrine of national supremacy
The doctrine of national supremacy is located in ____.
article 6 of the constitution
A complex system of dual federalism was created____.
after the civil war
Dual federalism is also known as ______.
the layer cake model.
______ clearly defined and seperated areas of regulation for the state and federal government.
dual federalism
dual federalism created _____.
co-equal sovereign powers
under dual federalism, the supreme court used _______ to restrict the powers of the federal government.
the 10th amendment
dual federalism remain in effect until____
the mid 1930's
during the time of dual federalism the federal government focused on____.
the delegated powers
during the time of dual federalism the state focused on domestic issues such as _____.
education
social welfare
health care
criminal justice system
during the time of dual federalism the ability of crongress to legislate under the commerce clause was....
very limited
currently there are no limitations on the federal power to legislate in the areas of______.
commerce and general welfare
It has become almost ______ to use the ______ to limit the scope of the federal governments powers
impossible
10th amendment
Year of Barron vs. Baltimore
1833
in the case of Barron vs. Baltimore the supreme court ruled that restrictions found on gov. power, could only be applied to___________.
the federal government
it was not until _______ that the supreme court ________ the bill of rights,
the 20th century
nationalized
the nationalization of the bill of rights can be found_____.
In the 14th amendment
____ is the allocation of legislative seats to a populations.
apportionment
_______is the re-drawing of legislative district lines to recognize the existing population distribution
re-apportionment
year of reynolds vs. sims
1964
in the case of reynolds vs. sims, the court ruled that state legislative districts must be_______.
apportioned only according to population even though the districts are not drawn with mathematical precision
seats in both houses houses of the state legislature must be based on _________.
population
in the case of reynolds vs. sims the supreme court implemented______.
one man, one vote principal
all votes are equal when each member of the legislative body____.
represents the same number of people
Year of the voting rights act
1965
The voting rights act enforced the _______ amendment.
15th
the voting rights act was created with the intent of ________.
preventing discrimination
The voting rights act was signed into law by __________ in _________.
Linden B Johnson
August 1965
If a state was determined to be within a ______, it would be subjected to a series of voting requirements.
covered jurisdiction
a state would be put in a covered jurisdiction if they used____________.
any test or device that restricted the ability to vote on or before november 1, 1964
If less than ___% of the of the voting age population voted in the 1964 election you were considered______.
50
covered
In _____ six whole states were considered covered jurisdictions, they are....
1965
Alabama,Mississippi,Georgia,S.Carolina,Virginia,Louisiana
In_____ congress expanded the coverage formula to include which 3 new states.
1975
Texas,Arizona,Alaska
In_____ congress expanded the voting rights act formula to include_________.
November 1972
language minority
Under the language minority expantion the state was considered covered if more than _____% of an area spoke a different language.
5%
The language minorities included_______,_______,
_______, and________.
American Indian, Asian American,Alaskan natives,Hispanic
If any political or campaign material was printed in only______ then you were in violation of the voting rights act.
English
The voting rigths act has been amended_______ times.
4
The voting rights act was amended in which years....
1970,1975,1982,2006
The 1982 amendment to the voters rights act provided_________.
Bailout Provisions
In order to be approved for a bailout from a covered jurisdiction you have to be violation free for_______ years prior to your application.
10
The 1982 voters right act amendment outlawed an arrangement which would have___________.
Weakened minority voting power
The 2006 amendment to the voters right act was signed by________ and extended it for___________.
Bush
25 years
Sections of the act are set to expire in_______ and will require___________.
2031
reauthorization
The 1st amendment
speech,press,petition, assembly,religion
The 2nd amendment
right to bear arms
The 3rd amendment
quartering of soldiers-not required to house a soldier in peace time
The 4th amendment
unreasonable search and seizure
The 5th amendment
self incrimination,double jepoardy, due process, and emanate domain
The 6th amendment
criminal court procedures, right to attorney,public and speedy trial,fair and impartial jury
The 7th amendment
right to a trial by jury and common law cases
The 8th amendment
cruel and unusual punishment and exessive bail
The 9th amendment
enumerated right amendment,just because a right is not stated in the constitution does not mean you are denied that right
The 10th amendment
reserved or residual
the bill of rights was intended to keep the national government fomr _______.
interfere with individual liberties
the billof rights limited the rights of the ________government not the ______government
national
state
in barron vs. baltimore the supreme court ruled that ____.
the bill of rights limits the powers of the national not the state government
barron was seeking compensation under _____.
emanante domain
barron lost business because
the city changes the flow of the streams during construction and his warf was inexcessable.
The civil war led to the ______ amendments.
civil war
Prior to the civil war, citizens had to look for assistance from _______ for the protection of the most basic of civil liberties.
their state constitutions
The 13, 14, and 15th amendments are also known as the_______.
civil war amendments
The 13th amendment deals with________.
slavery and involuntary servitude
The 14th amendment addresses __________.
privileges and immunities, dual process and equal protection
The_____ amendment has proven to be the most influential in protecting citizens from state interference.
14th
The________ clause was used first to try to control state actions.
privileges & immunities
The______ clause was used in the slaughter house cases in an attempt to control the behavior of Louisiana.
privileges & immunities
The useof the privileges and immunities clause was_____ against Louisiana in the slaughter house cases.
unsucessful
What was at issue in the Louisiana slaughter house case.
A Louisiana law that created a slaughter house monopoly
The independent butchers brought suit against the state claiming that _______.
the monopoly violated their privileges and immunities, specifically their right to operate
in the slaughter house case the supreme court ruled that______.
the butchers had not been deprived of their right to do business they were merely subject to qualifications
What 2 distinct citizenships did the court say that the 14th amendment recognize.
U.S. and state citizenship
The court ruled that most of the fundamental rights that a citizen enjoyed were derived from the___.
state citizenship
The court believed that the privileges and immunities that were held by a citizen and were protected by the 14th amendment applied to your_____.
national citizenship
The court believed that the privileges and immunities that were held by a citizen and were protected by the 14th amendment did not extend to the________
states responsibilty of enforcing the federal bill of rights
Because the privileges and immunities was unavailable, the citizens next turned to the________ clause of the 14th amendment.
equal protection
Gitlow vs. New York was extremely important because____________.
it caused the gradual nationalization of the bill of rights to begin to take place
What was at issue in Gitlow vs. New York.
the free speech and press
The Supreme Court upheld the New York law that convicted Benjiman Gitlow but they______________.
Added a statement to their decision which changed the course of history
In Gitlow vs. New York the court ruled that___________.
free speech and free press could not be deprived by the states b/c these were fundamental rights protected by the due process clause protected by the 14th amendment
Through the Supreme Court's interpretation of the due process clause the nation _____________
began to see the application of the federal bill of rights to the state treatment of its own citizens
The process of the application of the federal bill of rights to the state treatment of its own citizen is known as_______.
incorporation doctrine
Gradually and over time almost all ______ have been incorporated into the due process clause of the 14th amendment.
the major portions of the bill of rights
Since ___ the due process clause of the 14th amendment has been___________.
interpreted by the courts to forbid state denials of 1st amendment freedoms and certain procedural rights
Our procedural rights are addressed in the ___,___,___, and ___ amendments.
4th,5th,6th,8th
the 4th amendment has been interpreted through what two doctrines.
legal formalism
legal realism
the doctrine of legal formalism was interpreted to mean
a man's home was his castle and that there is an inalienable right against personal and governmental intrusion
Under what two clauses were used so that the government could not acquire an individuals private papers.
reasonableness clause of the 4th amendment
self incrimination clause of the 5th amendment
Under this doctrine it did not matter that the state complied with established procedure and gathering information it was the content that was the deciding factor
legal formalism
Under this doctrine the manner in which evidence is obtained rather than the content of the evidence was the determining factor
legal realism
This doctrine highlighted the movement of procedural protection over content protection
legal realism
What doctrine does the court currently operates?
formal realism
What is at he heart of the interpretation of the 4th amendment?
to understand reasonable and probable cause
The 4th amendment prohibits search and seizure but__________.
it does not define it
________ helps define the 4th amendment.
legal maxim
The_____ says it is unreasonable for a police officer to look for an elephant in a matchbox.
legal maxim
Most of the time reasonable is defined as_____,______,and______
sensible,rational,justifiable
The courts also tend to define reasonable on a
case by case basis
There is no strict definition of
reasonable cause
The circumstances of each case will determine
reasonable cause
Probable cause is generally understood to mean
stronger than reasonable suspicion
The sum total of information and what the police heard, know and observe is known as
totality of circomstances
What is the key determination of whether a judge will grant an officer a warrant
probable cause
Lawful searches and arrests can be made without a warrant but cannot be not made without
probable cause
What are the 2 sources of probable cause
observational and the smell test
What source of probable cause is where the officer uses his personal experiences and senses.
observational
What source of probable cause does the individual's furtive conduct helps establish probable cause
smell test(if it doesn't seem right it probably isn't
These are physical actions of an individual particularly suspicious, questionable, or secretive behavior
furtive conduct
What behaviors would contribute to probable cause
fleeing the police,physical evidence like tire marks,admissions immediately following apprehension,improbable money,the presence at the crime scene and association with other known criminals
Informational is established through
official and unofficial sources
Official sources include
police dispatch bulletins and warrant notices
Unofficial sources include
witnesses,victims,and informants
What are two facts about warrants
all warrants are based on probable cause it is a constitutional requirement and it is a judge not an officer who determines if probable cause exists
What are the exceptions to the warrant rule
1. if a suspect consents2. cars in public places3. hot pursuit4. accidental discorvery5. inventory search6. incidental to lawful arrest or lunge rule
This was created in 1914 and it originally applied only to the federal level and in 1961 was applied to the state level
Exclusionary rule
The exclusionary rule applies to
all citizens and immigrants documented or undocumented who reside in the United States
The exclusionary rule states that
evidence obtained illegally must be excluded from trial no matter how incriminating the evidence
This is a judge made rule and is not located in the constitution
exclusionary rule
The exclusionary rule was created to
prevent governmental misconduct
As a whole the exclusionary rule does not
reduce the amount of evidence seized
What are exceptions to the exclusionnary rule.
1. inevitable discorvery 2. good faith
_______ permits evidence that has been seized illegally to be introduced when it would have been discovered anyway
Inevitable discovery
______ is if the police conduct a search using a warrant that turns out ot be invalid the evidence is admissable, the warrant error has to be minor or technical
Good Faith
The exclusionary rule has been expanded to include_____.
searches that shock the conscience
Who decides if shock exists?
the courts
The exclusionary rule has also been expanded to include_____.
fruit of the poisonous tree
______ means that any evidence obtained as a result of an illegal search is excluded from trial.
fruit of the poisonous tree
If the primary source is proved to be illegal then the ________ is also inadmissable.
secondary evidence
Prior to 1961 evidence was admissable in state trials even if________.
it had been gathered illegally
In this case the court ruled that states may not use illegally seized evidence in criminal trials.
Mapp vs. Ohio 1961
The court ruled in the case of Argersinger vs. Hamlin that______.
1972
the right to an attorney is extended to defendants who are charged with misdemeanors who face the possibility of jail time
The court ruled in the case of Escobedo vs. Illinois that______.
1964
criminal suspects have the right to counsel during police interrogations
The court ruled in the case of Gideon vs. Wainwright that______.
1963
courts are required to provide counsel to indigent defenddants in serious criminal cases
Gideon vs. Wainwright said that the right to counsel is _______
a fundamental right that is available to all regardless of social position. A person can refuse the counsel and defend themselves.
The court ruled in the case of Betts vs. Brady that______.
1942
states were not required to appoint an attorney to indigent defenders charged with a felony
any words or actions on thepart of the police that the police should know are reasonably likely to produce a sef-incrinimating response from the suspect.
functional equivalent interrogation
The court ruled in the case of Innis vs. Rhode Island that _____.
Innis had not been subjected to a fuctional equivalent form of interrogation
The court ruled in the case of Miranda vs. Arizona that _______.
prior to questioning a person in custody, they must be warned or advised by the state that he/she has certain rights
The Miranda decision defined interrogation in which two ways?
express/direct questioning
functional equivalent
_____ is the questioning by an officer after a person is in custody. (person is not free to leave)
custodial interrogation
____is a restraint placed on an individuals freedom of movement which rises to the level of formal arrest.
fuctional equivalent
the only unincorporated right is the right to_____. A state can choose to use either a ____ or _____.
a grand jury
a grand jury(inditement by jury)
a prelim hearling (by judge)