Federalism 1
The division of power between the national governments and the state governments
What is federalism?
What are concurrent powers?
What are religion, speech, press, assembly, petition?
Being tried for the same crime twice
What is double jeopardy?
Fair treatment of the accused person in judicial proceedings
due process
Powers directly stated in the Constitution, such as the power to make war and regulate interstate commerce
What are expressed/enumerated/delegated powers?
Powers not given to the national government, but to the states or the people
What are reserved powers?
Rights that the government cannot infringe or violate
civil liberties
Testifying against yourself in judicial proceedings
What is self-incrimination?
The state must treat classes of individuals equally if those classes are facing like circumstances
Powers that the national government may exercise simply because they are the national government. They exist because the United States exists.
What is inherent powers?
National powers not specifically listed in the U.S. Constitution but necessary to carry out the expressed/enumerated/delegated powers
What are implied powers?
The false and malicious use of spoken words
Punishment is disproportionate to or more severe than the crime
Cruel and unusual punishment
Reasonable suspicion of a crime
What is probable cause?
The following is an example of what type of power? - - raise taxes
- establish education policy
- establish justice (courts)
What are concurrent powers?
What's the name of the following clause? - "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
What is commerce clause?
The clause of the First Amendment that prevents the national government from setting up a national religion
Establishment clause
A document issued by a governmental official such as a judge authorizing the police to search a person’s belongings or make an arrest
What is a warrant?
This amendment requires the national government to follow due process
- The power to coin money
- The power to regulate commerce with other nations
- The power to maintain a navy
What are expressed/enumerated/delegated powers?
The following powers are examples of what type of powers?
- to conduct elections
- to set up local governments
- to regulate intrastate trade
Engel v. Vitale decided what?
Public schools cannot have a school-sponsored prayer (violates the establishment clause of the First Amendment)
What are double jeopardy, self-incrimination, cruel and unusual punishments, and illegal searches and seizures?
This amendment requires the state and local governments to recognize many of the rights contained in the Bill of Rights (selective incorporation)