Exam 1 Flashcards
public trust in government
it has dwindled over the past 60 years
political efficacy
the belief in our individual ability to influence what the government does; has declined since the 60s like govt trust
citizenship: legal v philosophical
legal: the legal person free to act according to the law and having the right to claim the law’s protection
philosophical: citizenship refers not only to a legal status, but also to a normative ideal – the governed should be full and equal participants in the political process
politics
the conflict over the leadership and policies of any org which ppl belong to; basically just conflict
political science
seeks to understand politics through the scientific method in order to calculate “predictable” (generalized based on data) trends of human behavior
oligarchy
when govt power is held by a small group of ppl w little public accountability
monarchy
when govt power is held by a single individual
Typically trend towards authoritarianism/totalitarianism (more extreme version of authoritarianism)
representative democracy
when govt is run by elected officials
These officials represent the interests of their constituents (the ppl who vote them into power)
direct democracy
when citizens vote directly on and directly influences laws and policies
Hobbes the state of nature
created to justify existence of govt: without government, life is “solitary, poor, nasty, brutish, and short”
Ppl are constantly at war with one another since resources are so scarce
Hobbes social contract
humans need government, but it must be specific in what it does for them; people voluntarily give up some freedom in exchange for an ordered society
government must protect your life
You must obey your government
locke state of nature
Believes that without govt, life is calm, not so bad
Ppl can work together :D
locke social contract
government must protect the lives of the ppl, but it also must protect our liberty and freedom, plus private property
Govt here is less like a leviathan, and more like a referee
Ppl have the right to overthrow a govt that is unjust; believes that revolution can be justified
ideas included in the declaration of independence
- Legitimate govt can only be established by the ppl (they were unhappy with the British govt and they felt like they had no voice in what it was doing)
- Govt must have continued, renewed consent of the ppl or risk being overthrown
- Belief in unalienable rights, meaning that no outside entities can take these rights away
ideas not included in the declaration of independence
- The contradictory nature of slavery
- Half an house left ahhhhh hfhds
- The political rights of women rip
- The millions of native Americans already living on the continent; excluded a lot of people lol
features of the articles of confederation
- No power to tax (no more money for the govt to help out the ppl rip)
- Taxes could still exist at state level, but not national
- No standing army or navy, pff no protection, protection relied on the states, every state for themselves if you will
- No president o-o
- Weak in foreign affairs, each state governor acted as the president to make deals and stuff, but some deals didn’t apply to other states
- Friendship turned to rivalry
- Weak in domestic security
causes of failure for articles
- shay’s rebellion
shay’s rebellion
- showed the first constitutions weakness
- Shay was a Massachusetts farmer that took over the militia HQ, dunking the leaders in the streams and stuff
- No army sent to stop it since theres no army and no president, so the insurgency lasted for weeks
- America couldn’t even keep its own people under control, so a new constitution is created
the virginia plan
- system where the ppl are represented, with representation based on state population
- More residents=more representatives in the legislature
- Virginia had the biggest population at the time, so obviously they liked this system, the biggest population by a long shot
the new jersey plan
- each state receives equal representation based on statehood
- 1 legislator per state
the great compromise
creation of a bicameral legislature (two houses)
house of representatives
- Borrows from Virginia plan
- Based on population
senate
2 senators per state; based off of New Jersey Plan
ban on prohibition until 1808 (slavery in constitution)
Congress could not stop the slave trade until 1808
fugitive slave clause
gives enslavers the right to seize enslaved people who escaped to free states; Northern states (usually were free states) were obligated to return escaped slaves
three fifths compromise
seats in the House would be apportioned by “population,” in which five slaves would count as three free persons
expressed powers of Congress; legislative branch (article 1)
- Collect taxes
- Borrow money
- Regulate foreign and interstate commerce
- Declare war :O
- Maintain an army and navy
implied powers (aka elastic clause) of legislative branch (article 1)
- Congress also has the authority to make all laws “necessary and proper” to carry out its expressed powers
- Our constitution is vague, unclear, and open to interpretation
expressed powers of the president; executive branch (article 2)
- Commander in chief: decides what the military does (president)
- Negotiates treaties (with senate approval)
- Grant pardons (forgive ppl of their crimes)
- Sign or veto acts of congress
- Appoint federal judges including the Supreme Court (with senate approval)
judicial review; judicial branch (article 3)
the power to overturn things when necessary:
State laws
Congressional laws
Executive actions
Previous court decisions
process to constitutional amendments (article 5)
1) Proposal: ⅔ vote of approval (in members of Congress) to be considered
2) Ratification: Must be ratified by ¾ of all states
difficulty of amending constitution (article 5)
- The founding fathers wanted to have a stable govt, and wanted to keep all the promises they made, so they made it difficult to change to keep it traditional
- They didn’t want the constitution to change so much that ppl don’t know what it is anymore
federalism
a system of government where power is divided between a central govt and regional govts (states)
There are federal, state, and local govts
different federalism systems
unitary, confederation, federation
unitary system of govt
the national govt has all the power, and they direct the states
Authority is concentrated in the central govt
confederation system of govt
The states have all the power, and they direct the national govt and tell them what to do
Authority is concentrated in the states
federation system of govt
power is given to the people, who then direct the states and atonal govt
Authority is divided btwn the national govt and state govts and is derived from the ppl
supremacy clause (article 6)
when there is conflict in fed/state law, the laws of Congress shall be the “supreme law of the land” (the national govt is supreme)
10th amendment: reserved powers
powers not granted to the national govt are reserved to the states
Ie the constitution and congress says nothing about marijuana, so therefore that power is reserved to the states
police powers of the state
The power for states to create police organizations
Police power: states have authority over laws related to health, safety, and morality
Ie: criminal codes, marriage divorce and adoption, health codes
privileges and immunities clause
States cannot discriminate against citizens from other states
full faith and credit clause
states must honor public acts and judicial decisions that take place in other states (ie marriage is a public acts)
Judicial decisions: restraining orders have to be respected in all states
mcculloch v maryland
BANKS
- Challenge: congress wanted to place bank in Maryland, but Maryland doesn’t think its in their constitutional power to do so. Nothing mentioned about establishing banks; Maryland does not want this bank; if they want to put the bank there they will tax it
- Issue: congress created a national bank
Maryland argued congress didn’t have that power and wanted to tax the bank
Bank creation is not an expressed power
- Ruling: SCOTUS ruled in favor with the federal govt because of the Elastic Clause (very persuasive)
Federal wins and is given more authority
States cannot tax the federal govt; huge win, not even instruments
First instance of elastic clause being used successfully
gibbons v ogden
BOATS
- Issue: New York granted a ferry monopoly to Ogden (only his boats are allowed to run along the river from New Jersey to NY
Gibbons (ferry business owner in NJ) challenges the monopoly, saying that NY cannot do that
- Ruling: No state can regulate interstate commerce
Interstate: when it affects two or more states
causes for expansion of the federal govt
- Monumental historic event: The Great Depression (1920s)
Occurrence and response results in federal govt power growth
Roosevelt puts pressure on Congress to pass New Deal to grow govt power
In his first 100 days, Roosevelt closes banks (creates bank holiday for few days so that bank can get their act together; ppl getting scared, everyone losing money)
He creates public employment jobs via Congress where thousands of ppl are employed to get America back on track after being at 25 percent unemployment
States struggled to deal w economic depression
Govt can’t get any money from taxes bc of decrease in businesses and employment
President FDR instituted the New Deal, hoping this’ll help Americans get back to work
grants in aid
created by new deal; under Roosevelt, fed govt issued more of these:
Public employment projects (Hoover dam construction, railroad expansion), highway construction, school lunches
categorical grants
the central govt gives money, but the state must do what the central govt wants them to do with that money; its very hard to resist money
block grants
The central govt gives money, but the state can do what they want :D
Critique: state governors may abuses this power and use the money for things that don’t benefit their own state
unfunded mandates
Popular in congress/govt, but not state governors
The central govt gibes an order, no money, but the state must comply
cake analogy
- Past: layer cake federalism/Dual or Traditional Federalism
Programs and authority are clearly divided among the national, state, and local governments - Present: Marble Cake Federalism
Programs and authority are mixed among the national, state, and local governments
civil liberties
limitations on governments ability to interfere with an individuals rights
Ie freedom of speech, worship, privacy, etc
freedom of religion (1st amendment)
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
free exercise clause of freedom of religion (1st amendment)
they can allow for the existence of religious aspects in public areas, but cannot enforce one over another; open to everyone
Protects the right to practice whatever religion one chooses
Also protects the right to be a nonbeliever B)
no establishment/establishment clause of 1st amendment (freedom of religion)
Congress shouldn’t prioritize one religion over another; no official religion of the United States
kennedy v bremerton school district
FOOTBALL
court ruled that a football coach at a public high school had a constitutional right to pray at the 50 yard line after his teams games, while acting as an employee at public high school
free speech; 1st amendment
not allowed to abridge freedom of speech, but there are some restrictions:
Limitations based on time, place, and manner apply to all speech, regardless of the view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest.
speech has to influence an “imminent lawless action” to be big no no
the right to bear arms; 2nd amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Such language has created considerable debate regarding the Amendment’s intended scope.
district of columbia v heller
RESTRICTED GUNS
issue: District is a federal district, like Washington DC; heller was a security guard who had many clearances to carry a firearm; worked near govt buildings; trained expert in his firearm
District said that, when firearms are unattended, they have to be disassembled, placed in a gun safe, or put in a lockbox; argued that there are so many instances of lives lost when firearms are unattended
Heller believed the protection of his family from his firearm is his privacy and his responsibility, not the responsibility of the govt
Ruling: Court ruled that the second amendment provides a constitutional right to keep a loaded handgun at home for self defense
States and local governments can regulate firearms
If u wanted to purchase gun for self defense, there may be waiting periods
Some states may require registration for a firearm
Also may place regulations on particular types of arms
miranda rights
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
ie suspects must be informed of their rights prior to interrogation (miranda v arizona)
right against self incrimination
protects a person from being forced to reveal to the police, prosecutor, judge, or jury any information that might subject him or her to criminal prosecution.
you’re under no obligation to testify when under the court of law
protection against double jeopardy
prohibits anyone from being prosecuted twice for substantially the same crime (at a particular instance); ppl believed that local govts might abuse their power to waste ppls time and money
eminent domain
government cannot take your property unless: it is for public use, and the govt provides “just” compensation
gideon v wainwright
ARTEM (lawyer AHA)
TLDR: courts must provide you with an attorney if you cannot afford one
- issue: pool room bar; Clarence Earl Gideon was blamed for the theft, and had previous cases of burglary, robbery, and larceny, so he was arrested and charged
Gideon was unable to afford legal council, so he asked for the state to provide him with an attorney, but he was denied access
He had to stand up for himself in court, and was given a maximum sentence of 5 years
Gideon believed the trial was unfair - ruling: Gideon was in the right
6th Amendment’s guarantee to a lawyer, 14th Amendment’s guarantee to due process (there are certain procedures the state must go through before taking away their life, liberty, and property)
Protection of the 6th Amendment applies to the states as well as the federal government
protection against cruel and unusual punishment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” rights of the accused (due process)
griswold v connecticut
BIRTH CONTROL
Grisswold opens birth control clinic in Connecticut, but state doesn’t want ppl taking this new drug bc they want ppl to have babies (they have police power)
Ppl have private lives that the govt can’t interfere with, so they agreed with griswold
Connecticuts law overturned
ruled that a law banning the sale of contraception by the state of Connecticut was unconstitutional. The Supreme Court said that although the right to privacy does not appear in the Constitution, it is included in the penumbra of other
rights found in the Constitution, meaning it exists in the shadow or emanations of
other rights.
roe v wade
PREGGO
- issue: Woman became pregnant and sought an abortion, but she was unable to obtain one because abortion was illegal in the state of Texas
She then challenged this law and stated that it was a violation of the right to privacy
- ruling: in favor of her; woman’s right to an abortion fell within a right to privacy as it is protected by the 14th amendment’s due process clause
women country wide have total autonomy over their pregnancy in the first trimester
however, states can limit access to abortion in second and third trimesters
lawrence v texas
GAE
state antisodomy laws
designed to make homosexual sexual relations illegal were unconstitutional. Justice
Kennedy again gave the ruling a very expansive reading, declaring that gay people
“were entitled to freedom, dignity, and respect for their private lives.”
dobbs v jackson womens health organization
FUCK YOU
court ruled that a mississippi law that bans most abortions after 15 weeks is constitutional and overturned the constitutional right to abortion established by roe v wade
court held that the Constitution of the United States does not confer a right to abortion, destroying protections of roe v wade
essay question: compare and contrast the dominante themes of govt authority and human rights in the debate btwn hobbes and locke. which philosophy would the founders of the american govt adopt? be sure to include references to the state of nature and the socia contract
locke obviously, hobbes is more monarch like in a way. locke is more for the people; ppl can overthrow unjust govt, americans like that bc britain was mean. and also state of nature too bc yknow ppl can work together like in revolution; hobbes no like revolution how dare he
essay question: why was the great compromise so influential for contemporary american politics? be sure to discuss plans for representation in virginia nad new jersey plan
influential bc it helped out both parties: both states w smaller and larger populatiosn. virginia big state so want population rep, but nj small state so they want one per state. balance woohoo everyone happeh
essay: what historical influences led to the expansion of power for the federal govt and what tools did it use to expand? be sure to include a discussion of categorical grants, block grants, and unfunded mandates
historical influence is the great depression duh. guy in power roosevelt saw this as an opportunity and used new deal to expand; It expanded the powers of the federal gov’t by establishing regulatory bodies & laying the foundation of a social welfare system; federal government programs that sought to offer economic relief to the suffering, regulate private industry, and grow the economy were made like those grants depending on what was needed
essay: what is the constitutional basis for the right to privacy and in what ways have the supreme court expanded and shrunk the power of this right? be sure to discuss the significance of griswold v connnecticut, roe v wade, lawrence v texas, dobbs v jackson womens HO
Not explicitly mentioned in the Bill of Rights
Derived from the 4th (unreasonable searches and seizures) and 9th (rights not listed in the bill of rights are reserved to the ppl) amendments
Right to privacy is provided to the ppl bc its not listed in the bill of rights
griswold: increased I think? this one was with the guns right (birth control)
roe: increased (abortion)
lawrence: increased (sexual orientation)
dobbs: shrunk RIPP (abortion)
