ch 1-5 Flashcards
1
Q
citizens belief that the government listens to people like them
A
efficacy
2
Q
individual and collective actions designed to identify and address issues of public concern
A
civic engagement
3
Q
citizen actions that are intended to solve problems
A
political engagement
4
Q
what does is the purpose of the gov
A
1) protect territory
2) to preserve order and stability
3) establish and maintain a legal system
4) provide services
5) to raise and spend money
6) socialize new generations
5
Q
forms of gov
A
monarchy, oligarchy, democracy, totalitarianism, constitutionalism, limited gov, authoritarianism
6
Q
gov in which a member of a royal family, usually a king or queen has absolute authority over a territory and its government
A
monarchy
7
Q
government in which an elite few hold power
A
oligarchy
8
Q
government in which supreme power of governance lies in the hands of its citizens
A
democracy
9
Q
system of government in which the government essentially control every aspect of peoples lives
A
totalitarianism
10
Q
system of government in which the government holds strong powers but is checked by some forces
A
authoritarianism
11
Q
government hat is structured by law, and in which the power of gov is limited
A
constitutionalism
12
Q
government that is restricted in what it can do so that the rights of the people are protected
A
limited governmnent
13
Q
Puritans believed that
A
they spoke directly to god, so why could they not self govern
14
Q
who believed that we needed absolute monarchy to prevent anarchy
A
english philosopher thomas hobbes
15
Q
who believed that the gov must protect natural rights to maintain social control
A
english philosopher john locke
16
Q
anarchy
A
no gov
17
Q
an agreement between people and their leaders in which the people agree to give up some librties so that their other liberties are protected
A
social contract
18
Q
at town hall level or with city/state
A
direct democracy
19
Q
representative democracy
A
indirect democracy
20
Q
what is the constitution
A
1) presents the mission of the gov
2) the fundamental principals that will guide the gov operations
3) the foundational structures and procedures by which the government operates the fulfill its mission
21
Q
whats the preamble
A
states the mission
1) establish justice
2) ensures domestic tranquility
3) provides for the common defense
4) promotes general welfare
5) secure blessings of liberty
22
Q
the Constitution is designed to protect the
status of the elites that made it
A
Historian Charles Bear
23
Q
Dual Sovereignty
A
ultimate governing authority is divided between
two levels of government—one national (central) and one regional
(state)
24
Q
Constitutional Supremacy
A
supremacy clause
25
separation of powers
no one group controlled all the governing
functions
26
representation based on population
virginia plan
27
equal representation among states
new jersey plan
28
Connecticut Compromise
* Bicameral Congress—House of Representatives (Virginia Plan)
representation based on population and Senate (New Jersey Plan)
with two senators per state
29
who could vote
At the time only property-owning white men could vote
30
“compromise between those supporting popular
election and those supporting selection by officials elected to national
or state legislatures”
electoral college
31
90% of slaves came from
Georgia, Maryland, North Carolina, South
Carolina, and Virginia
32
Three-Fifths Compromise
slave counts 3/5 for purposes of
representation and taxation
33
constitution article 1
congress
34
constitution article 2
president
35
constitution article 3
supreme court
36
constitution article 4
state to state relations
37
constitution article 5
amendment process
38
constitution article 6
Supremacy of the Constitution
39
constitution article 7
The Constitutional Ratification Process
40
Debate between Federalists and Anti-Federalists
—focused on states
rights and individual’s liberties
41
James Madison, Alexander Hamilton, John Jay
Federalists Papers
42
Bill of Rights added
soon after ratification
43
French and Indian War
1756-1763— “To help pay the costs of waging
those wars and the postwar costs of maintaining peace in America,
the British Parliament turned to the colonies for increased revenues
and to provide support and housing for British soldiers.
44
Taxation without Representation
Sugar Act and Stamp
Act enacted—the colonists had no representation in parliament
45
a monopoly and a tea party (boston)
Boston—colonists “protested” British fired on crowd—five dead
March 5, 1770
* Boston—to protest tea monopoly of East India Tea company—
colonists dumped tea in harbor December 16, 1773
46
reasons for independence
1) all men have the rights to life, liberty, and the pursuit of happiness
* 2) all governments must be based on the consent of the people they
serve
* 3) if government is not protecting the rights of its people, then the
people can create a new government
47
First form of government
articles of confederation
48
Articles of Confederation
a union of independent states
* Features
* One branch—congress—unicameral
* Each state had one vote
* Amending the Articles required all states
* No national currency
* No tax collection authority
* No ability to require states to support national army or navy
49
Unitary systems
Unitary—one central system is the sovereign government
* France
* United Kingdom
* Netherlands
50
several independent sovereign
states agree to cooperate...and create a central governing body—
central governing body is not a sovereign government
Confederal system
51
Is the federal system the sweet spot between extremes?
* At least two levels of government in which each level has sovereignty
over different policy matters and geographic areas
federal system
52
concurrent powers
Governing functions exercised by both state and national
governments
* Make policy
* Raise and spend money
* Borrow money
* Implement policy
* Charter banks and corporations
* Establish courts
* Eminent domain
53
Supreme Law of the Land— “State and local governments are thereby
obligated to comply with national laws that implement national
enumerated and implied powers...”
supremacy clause
54
McGirt v. Oklahoma 2020
Oklahoma does not have the authority to
prosecute serious crimes committed by Native Americans on land
that was part of a historic reservation (Article I)
55
the 1819 case that established that the necessary and proper clause justifies broad understandings of enumerated powers
McCulloch v Maryland
56
Supreme court clarified the constitutional meaning of commerce in the state commerce (Commerce clause)
Gibbons v Ogden 1824
57
case in which the us supreme court ruled the national gun free school zones act unconstitutional and affirmed that state governments have the right to establish gun free school zones
united states v lopez 1995
58
Is a national program for old-age benefits (Social Security)
constitutional?
Yes, because it is in response to a “nation-wide calamity” that was
unsolvable without a concerted federal effort
Helvering v. Davis, 1937
59
Craig v. Boren 1976
having different legal drinking ages for genders
(male 21 and female 18) was a violation of the 14th amendment
60
United States v. Windsor 2013
“same-sex married couples receive
equal treatment on issues relating to taxes, inheritance, and other
federal laws”
* 14th amendment, section one— “nor deny to any person within its
jurisdiction the equal protection of the laws
61
The interactions of two or more governments (national, state, and
local) in their collective efforts to provide goods and services to the
people they each serve”
Intergovernmental Relations
62
The states’ reserved powers to protect the health, safety, lives, and
properties of residents in a state”
Police Powers
63
Models of Federalism
* Dual Federalism—1789-1932
* Cooperative Federalism—1932-1963—Franklin Roosevelt
* Centralized Federalism—1963-1969—Lyndon Johnson
* New Federalism—1970s-1990s—Richard Nixon and Ronald Reagan
64
Federalism driven by political party
* Partisan Federalism——example COVID policy
* Fiscal Federalism——Federal government can impact policy
since it has the funds—change in drinking age
65
Categorical Formula Grant
—narrow purpose—based on formula
66
block grant
—broadly defined policy area
67
categorical project grant
narrow purpose—competitive
68
protection of citizens against an arbitrary government
in areas of life, liberty, and property—found in the 5th and 14th
amendments
due process
69
apply parts of the Bill of Rights to the states
selective incorporation
70
Freedom of Speech
Gitlow v. New York, 1925
71
Freedom of Press (Prior Restraint)
Near v. Minnesota, 1931
72
Exclusionary Rule
Mapp v. Ohio, 1961
73
Right to Bear Arms
McDonald v. City of Chicago, 2010
74
—a person held in jail has a right to be heard in court
* Know why arrested
* Know how long to be in jail
* Can present case to a judge
Habeas Corpus
75
—Clear and Present Danger Test—speech that will
bring about some harm
Schenck v. U.S
76
speech has the likelihood of
inciting crime- bad tendency test
Gitlow v. New York
77
Imminent Lawless Action Test—speech
restricted if it creates a high likelihood of imminent disorder or
lawlessness (used today)
Brandenburg v. Ohio
78
Used by people who have something to hide
4th, 5th, 6th, and 8th amendments (criminal due process)
79
4th
protection against unreasonable searches and seizures
80
5th
* 5th—protection against self-incrimination, double jeopardy, right to a
grand jury (?), right to due process, just compensation for property
(Eminent Domain
81
6th
6th—right to a speedy and public trial, right to an attorney, right to
confront witnesses, right to produce witnesses, right to an impartial
jury, right to be informed of charges
82
8th
* 8th—protection against excessive bail, protection against excessive
fines, protection against cruel and unusual punishments
83
4th the exclusionary rule - Mapp v. Ohio
is it just to throw
out evidence because the constable made a mistake?
84
* 5th Miranda v. Arizona
what about a person questioned by
the police that is not a suspect, but then incriminates
himself/herself?
85
* 6th Gideon v. Wainwright
what if the defendant refuses
legal representation?
86
First Amendment
*
Used by people who have something to say
* Religion
* Speech
* Press
* Assembly
87
Speech that harms the reputation of
another
Libel (written statement/press)
* Slander (verbal statements
* Note the expression must be false and
usually found to be malicious
(intentionally harmful)
88
indecent or offensive speech or expression
Obscenity
89
Appeals to prurient interest—excite unwholesome sexual desire
* The work depicts in an obviously offensive way, a form of sexual conduct
specifically prohibited by an anti-obscenity law
* The work ...lacks serious literary, artistic, political, or scientific value
* Pretty vague but if a jury can agree then material can be found obscene
Miller Test—Miller v. California 1973
90
Speech that is likely to bring about public disorder or chaos
Fighting Words
91
Near v. Minnesota
prior restraint—government blocking
publication is viewed as censorship
92
New York Times v. U.S
public has a right to know about Vietnam
War
93
—government cannot establish an official
religion or denomination
Establishment Clause—
94
Lemon Test—
Lemon v. Kurtzman ---- determines whether government
aid to parochial schools is constitutional
95
—banned formalized prayer in public schools
* Engle v. Vitale (page 147)
96
—government cannot enact laws prohibiting the
free practice of religion
Free Exercise Claus
97
——religion more important than education (page 148)
Wisconsin v. Yoder
98
religious
practice cannot be a valid excuse for failing drug test
Employment Division, Department of Human Resources v. Smith
99
employer not required to go against faith in
providing birth control coverage (
Burwell v. Hobby Lobby
100
Right to privacy
The right to be left alone
101
Griswold v. Connecticut
to use birth control (
102
Roe v. Wade
to have an abortion
103
Lawrence v. Texas
for same-sex partners to engage in consensual sexual
activity
104
compelling national interest to discriminate against a
race, ethnicity, or religion
Strict Scrutiny
105
—determines the legality of sex-based
discrimination
Heightened Scrutiny—
106
state proves discrimination is a rational means to
achieve a legitimate public interest
Ordinary Scrutiny—
107
The struggle for civil rights
* Started in 1787 when slavery was not ended and the 3/5 compromise
approved
108
Fugitive Slave Act of 1850
Fugitive Slave Act of 1850
109
—a slave was a slave regardless where the slave
was located
Dred v. Sanford 1857—
110
Lincoln elected
1860
111
Emancipation Proclamation
1862
112
war ends
13th amendment 1865
* 14th amendment 1868
113
—strict separation of whites and “non-whites
Jim Crow Laws
114
De Jure Segregation
Plessy v. Ferguson
* Redlining
115
— “separate but equal” schools
were inherently unequal—14th amendment
* Brown v. Board of Education of Topeka—
116
Civil
Disobedience
Martin Luther King, Jr., Rosa Parks, and Fannie Lou Hammer
117
mandate equality on accommodations and
employment opportunities and education
Civil Rights Act of 1964
118
—banned discriminatory voter registration
practices
Voting Rights Act of 1965
119
Black men are
2.5 times more likely to be killed by police during their
lifetimes than White men—(Edwards and Esposito, National Academy
of Science, 2019
120
Black people who were
fatally shot by policy seemed to be twice as
likely as White people to be unarmed (Nix and Byers, Criminology
Public Policy, 2017
121
—legitimate to protect women as wives and
mothers (1860s-1920)
Ordinary Scrutiny Test—
122
Nineteenth Amendment
1920
123
Equal Pay Act
* Equal Employment Opportunity Commission
* Title IX
1964 Civil Rights Act
124
The offender is motivated to commit crime because of victim’s race,
color, religion, nationality, ethnicity, gender sexual orientation, gender
identity, or disability.
hate crime
125
Indian Citizenship Act
1924
126
—Indian tribes can open gaming
operations on their property
Indian Gaming Regulatory Act (1988)—
127
14th amendment used to guarantee equal
educational opportunities
Mendez v. Westminister
128
Reparations for Japanese-Americans for internment during WWII
1987
129
Not all disabilities covered
* “Reasonable” accommodations are to be provided
The Americans with Disabilities Act 1990
