Exam 1 Flashcards
Government
A system for exercising authority over a body of people
The government has what?
A monopoly of the legitimate use of physical force
Physical Force Power of Government?
Eminent domain, taxes, inmate labor, death penalty
What is eminent domain?
5th amendment, the government wherever your property is can take it as long as they fairly pay you
Physical force by taxes
Government garnishes your checks if you owe someone
Physical force by Inmate Labor
Can force inmates to do community service
Physical force by death penalty
The government can provide the death penalty to anyone who committed a crime they feel were too extreme
Republic
A group of people within the state who have the ultimate authority to act on behalf of the state
What do people in a republic choose to do?
Security, public education, social security, disability, k-12 public schools, public parks
Why has every human society for which we have records adopted a system for exercising collective authority?
Mutual benefits
What are mutual benefits?
When both parties gain or profit from an agreement or exchange
What are some examples of mutual benefits?
Mutual defense against outside enemies, peace and safety within our group, active trade, care of children and perpetuation of our people and customs, whatever we decide our values are
Who is Adam Smith?
The father of Laissez-Faire Economics- states the government has the duty of protecting the society from violence and invasion of other independent societies
Why do we have a big modern government ?
Policing, soldiering, k-12 schools, colleges and universities, sewer and water systems, parks, roads and bridges, science and research incentives, income support for retirees, health expense support
What is market failure?
A situation in which the competitive structures of a capitalist (free-market) economy fail to provide a community deemed worthy by the public
What are the four types of market failures?
Monopolies, unprovided public goods, externalities/spillover effects, and asymmetric info
What is a monopoly?
The exclusive possession/control of the supply of or trade in a commodity or service(sole seller of its product)
Unregulated monopoly?
Has market power and can influences prices (example. amazon)
Unprovided public goods?
When a particular good is under supplied by the market (ex. Baby formula, insulin)
Externalities/spillover effects?
When the private market of an individual spillover/have consequences for another individual (Ex: vaccinations-if you choose not to get them it could have negative effects on others)
What is asymmetric info?
When the sellers has more info than the consumer (ex: side effects from medicine)
What are our values?
Freedom, Order, and Equality
What does the government do?
Make public policies
What are public policies?
The tools governments use to achieve the goals/values the society has deemed are important
Good government?
Government by ONE monarchy, government by FEW Aristocracy, government by the MANY democracy (what we live in)
Bad Governments?
Tyranny, Authoritarianism, mobocracy
Monarchy
Government with one single ruler
What is Aristocracy?
Ruling of an elite/wealthy person
What is oligarchy?
Ruling by a few powerful people
What is tyranny?
Cruel government
What is Authoritarianism?
Government demanding people obey without any freedoms
What is totalitarianism?
Government that wants power over everything not just political power
What is Mobocracy?
Mob rule
How to prevent a democracy from becoming a mob
Inoculation
What is inoculation?
The constitutional principles
What are the constitutional principles?
Republicanism, separation of powers, federalism, and civil rights and liberties
What is republicanism?
We elect someone to represent us
What is separation of powers?
Co branches that make decisions
What is federalism?
State and national laws we have to follow
What is Republican democracy?
A system of government in which citizens elect representatives to make (good) public policy decisions
What is Direct democracy?
A system of government that permits citizens to propose and vote directly on laws and policies
What conditions are necessary for a direct democracy?
The number of citizens must be small, property and wealth must be distributed nearly equally, the society must be culturally alike
How many terms does the house of reps have?
They don’t have term limits b/c it wasn’t stated in the constitution
What does the legislative branch do?
Makes laws
What does the executive branch do?
Enforces laws
What does the judicial branch do?
Interprets laws
What are the advantages of separation of powers?
It is a counter-majoritarian system
Madisons Federalist #51
Approved of the government we have now, believes in the constitution (believes we need a government with people because men are not angels, and we need people to govern the people that govern us
What are the three arrangements for central-regional relations?
Unitary, confederal, and federal
What is a unitary government?
Government in which most legal power is located in the central or national government
What is a confederal government/?
A form of government in which a group of sovereign states create a central government for a common purpose yet retains most of the legal power for each member
What is a federal government?
A form of government in which two or more levels of government share power and authority, each with certain powers and responsibilities assigned to it
What are three kinds of powers of the national government?
Expressed, implied, and Inherent powers
What are expressed powers?
Delegated or enumerated powers
Examples of expressed powers?
Post office, lay and collect taxes, coin money, borrow money, trade, declare war
What are implied powers?
Not specifically written in the document but is obvious if the government is gonna do x then Y must be done as well
What is Necessary and Proper Clause?
Expands national power by stretching to fit almost any situation
Example of necessary and proper clause?
Military draft because it is expressed that we can provide common defense
What is the Interstate commerce clause?
Congress has the power to regulate commerce among the states
What is Gibbons vs.Ogden (1824)?
Gibbons used Ogdens ship in New York and New Jersey and the court ruled that the federal government ha the power to regulate commerce
Dred Scott v. Sanford
Slave in Missouri but lived in Illinois so he wanted to become free in Missouri also but the court ruled that he was to be a slave still in Missouri, narrowing of congress regulating interstate navigation
What did the 1964 Civil Rights Act do?
Outlawed discrimination based on race, religion, sex or national origin, prohibits unequal application of voter registration requirements and racial segregation in schools, employment and public accommodations
Heart of Atlanta Motel Inc. v. U.S. (1964)?
A case in which the Court found that hotels did not have the right to discriminate against black guests under Title II of the Civil Rights Act of 1964.
U.S. v. Lopez (1995)?
Gun Free Zone Act, the possession of a gun in a local school zone is not an economic activity so congress can’t bring charges
What is the national supremacy clause?
If a state law is in conflict with the U.S. Constitution, the national government ALWAYS win
What is inherent powers?
The national government has the authority involving other nations as if it was the only authority, only applicable to foreign affairs
What are some powers of the state government?
10th amendment,protect public health,safety and mora,s, regulate intrastate commerce, supervise ,local government, run elections, write all criminal law
What are concurrent powers?
Practiced by national and state governments at the same time
Examples of concurrent powers?
Levy taxes, set up a judiciary, borrow money, charter banks, and make/enforces laws
Examples of forbidden powers of the state ?
Make treaties, coin money, keep troops, tax imports and exports, deny due process(14 amendment)
What is full faith and credit?
Legal contracts\public documents being upheld between states
Loving v. Virginia(1967)?
Mixed race marriage, anti miscegenation law violated the equal protection clause of the 14th amendment
Obergefell v. Hodges (2015)?
Same sex marriage, the 14th amendment required a state to recognize same sex marriage even if they got married in another state
Privileges and immunities of the state?
Can’t treat people differently because they aren’t from your state
What are the exceptions of privileges and immunities of the states?
Fundamentally rights only, taxes(out of state fees), protecting citizens
What are Interstate compacts?
An agreement made between two or more state in which the assigned parties agree on a specific policy issue Dane tier adopt a set of standard or cooperate with one another on a particular regional or national matter (ex: nursing licenses)
Who has the most power?
The argument is without end , there is shared power between governments
What are civil liberties?
Freedoms citizens have, protect them from government interference
Civil Rights?
Equality
What is SNYDER V. PHELPS (2011)
Members of Westboro Baptist Church protested at the funeral of Arnie Lance Corporal Matthew Snyder, his family filed suit against the members of the church
Burwell v. Hobby Lobby (2014)?
Hobby Lobby explicitly expressed the desire to run the company according to biblical principles, under the Patient Protection and Affordable Care Act, employment-based group health care plans must provide certain types of preventative care, such as FDA approved contraceptive methods
Bill of Rights?
Civil liberties -A bill of rights is what people are entitled to against every government on earth- Thomas Jefferson
The establishment clause?
The government cant favor one religion over another or establish an official religion
Free exercise clause?
Citizens have the right to practice their religion as they please
De jure segregation?
As a matter of law
De facto segregation?
As a matter of fact (private individuals)
1968 Fair Housing Act?
Challenges to fair housing efforts, restrictive housing covenants, red-lining, steering, block-busting