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Intro to American Politics > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

How was the U.S. settled?

A

English were the 3rd to get there but they were the best at establishing colonies so there power stayed (and genocide)
French owned middle, Spanish owned Florida, and Native Americans

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2
Q

What was the first colony?

A

Jamestown (Virginia) in 1607

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3
Q

Why did the people on the Mayflower come to the colonies?

A

They came for religious reasons, they did not want religious freedoms, they wanted to kill everyone else

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4
Q

What was happening in 1750?

A

Colonies were thriving but French and Indian war (french and native americans were fighting the english who was fighting the spanish)

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5
Q

Stamp Act

A

A way to tax the colonies, everything had a stamp and depending on the stamp is what you would have to pay

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6
Q

Boston Massacre

A

Only 5 people died, but the more violent the revolution became

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7
Q

What was the Boston Twea Party?

A

December 1773 the colonists threw tea into the Boston Harbor because the British weren’t gonna allow for them to use other ports

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8
Q

First Continental Congress

A
  • Not all colonies showed up
  • Boston wanted to go to war
  • Boycott British good until they took back the Intolerable Acts
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9
Q

The Intolerable Acts

A

1) The Boston Port Act
2) The Massachusetts Government Act
3) Administration of Justice Act
4) The Quartering Act

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10
Q

Social Contract

A

John Locke’s idea of natural rights to life, liberty, and property (TJ happiness)
Locke also wanted limited gov to “protect” these rights

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11
Q

Common Sense

A

Reasons why it made sense to break away from England & if we had our own relationship w counties we would be better off
*written by Thomas Pain

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12
Q

Articles of Confederation

A
  • Continental Congress set up (took 6 yrs to ratify)
  • gave no central power
  • army is dying and has no money
  • needed 9/13 colonies to vote for something to pass
  • amendments had to be unanimous
  • did not have power to tax (collected money from states) (French gave us money as a “fuck you” to Britain)
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13
Q

What did states have?

A

sovereignty

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14
Q

What was the state’s currency like?

A

Each state had their own currency

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15
Q

Why did Shays’ Rebellion happen?

A

State’s started taking farms away from veterans, then all the farmers got weapons and started marching againt the government

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16
Q

What is popular tyrany?

A

a play on “popular sovereignty”, where power lied in the new government

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17
Q

What were the two major cities in “America”?

A

Philly & NYC

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18
Q

Which group wrote the constitution?

A

Constitutional Convention

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19
Q

What date was the Constitution established?

A

September 17 1787

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20
Q

What are some compromises after the Revolution?

A

Federalism
The Great Compromise
3/5 Compromise
The Bill of Rights

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21
Q

Rank the branches of Constitution order

A

1) Legislature
2) Executive
3) Judiciary

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22
Q

What was in the Virginia Plan?

A
  • Bicameral legislature (based on population)
  • independent judiciary
  • legislature would be MOST POWERFUL
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23
Q

What was the New Jersey Plan?

A
  • Unicameral body
  • One vote per state
  • multi-number executive branch
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24
Q

The Great Compromise

A

virginia + new jersey
Bicameral legislature (house & senate)
- has a lot of virginia plan qualities

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25
Q

What is Federalism?

A

Power is shared between state and national government

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26
Q

Question on test: What role did the 3/5th compromise have on the great compromise

A

Had to know the population for legislature and government didn’t know how to count enslaved people

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27
Q

What were the arguments with the 3/5th Compromise?

A

Southern states: wanted enslaved people to be counted as people
Northern states: did not

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28
Q

What’s the ratification/approval process?

A

3/4 of states (in convention or legislature)

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29
Q

What is the amendment/law process?

A

2/3 of states (in convention or state legislature)

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30
Q

Order who got to vote first

A

1) White men, 25+, owning land
2) the other white men
3) african american men
4) women
5) 18 year olds
6) People that live in D.C.

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31
Q

What are random amendments we talked about in lecture?

A

Prohibition - 21st amendment
Congress can vote itself a raise (this was supposed to be in the bill of rights) - 27th amendment

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32
Q

What are some amendments that did not pass?

A

1) ERA - Equal Rights Amendment (designed to give women equal rights to men, passed congress with way more than 2/3 of the states, only has 35 states ratified)
2) Term limits (15 states have them but not at the federal level)

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33
Q

What are Civil Liberties?

A

individual freedoms that place limitations on powers of government (found in the bill of rights)

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34
Q

What are Civil Rights?

A

the extension of government action to secure citizenship rights to all members of society

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35
Q

How do rights conflict?

A

1) Individuals against individuals
2) Individuals against society

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36
Q

What is selective incorporation?

A

case by case basis approach of deciding which portions of the Bill of Rights apply to the state

37
Q

What was the was the 14th amendment designed to do?

A

Designed to protect the rights of newly freed slaves (it did not do that at all)

38
Q

What are the 5 freedoms of the first amendment?

A

1) Speech
2) Press
3) Religion
4) Assembly
5) Petition/Protest

39
Q

What is the right to exercise your own religion?

A

Free exercise clause

40
Q

Why can’t the United States establish a national religion?

A

Establishment clause (you cannot put one religion over the other)

41
Q

Why do we have separation of church and state?

A

Only way to uphold the establishment clause and the first amendment

42
Q

What religions are prayed at the federal level?

A

Christian, Judaism, & Islam

43
Q

What is prior restrain?

A

stopping an activity(speech) before it happens
because the laws are too expansive

44
Q

What is seditious speech?

A

Speech that criticizes or harms the government

45
Q

What is the bad tendency test?

A

Would the speech have a bad tendency? but no one knew where to draw the line so it didn’t work

46
Q

What is the clear and present danger test?

A

if there is clear and present danger
*old test for free speech
ex: yelling “fire” in a crowded movie theater
*does not work because it could stop things that are not harmful

47
Q

What is the imminent lawless action test?

A

speech is not protected if the speaker intends to incite a violation of the law
ex: january 6

48
Q

What about pornography & obscenity?

A

Miller test

49
Q

What is the miller test

A

3 parts:
1) What would an average person say about this?
2) Is it depicting something illegal?
3) SLAPS - Serious, Literary, Artistic, Political, and/or Scientific Merit

50
Q

What is Libel?

A

written defamation of character

51
Q

What case made “actual malice” a factor in deciding what is okay to print?

A

New York Times v. Sullivan (1964)

52
Q

What is actual malice?

A

Provable intent to be malicious

53
Q

Who is the exception of suing for Libel?

A

Famous people - because too much is written about them

54
Q

What law requires background checks?

A

The Brandy Bill

55
Q

What is a summary of the 4th amendment? There are exceptions of this amendment, what are they?

A

1) If the police want to take you, or your stuff they have to have a warrant or your consent
2) Terry exception & automobile exception
*and exigent circumstances

56
Q

What is probable cause?

A

A reasonable expectation that the person or the stuff was involved in illegal activity

57
Q

Where did the exclusionary rule come from?

A

Mapp v. Ohio (1969)

58
Q

What is the exclusionary rule?

A

if evidence is seized illegally it cannot be used in court

59
Q

What is the automobile exception?

A

The police can search your car without a warrant as long as they pulled you over for a legal reason

60
Q

What is the Terry Exception?

A

Allows pat downs for ID, weapons, contraband
*don’t need a warrant because the person could run away
*they can hold you for 48 hours if they have reasonable suspicion

61
Q

What is plain view?

A

If the evidence is in plain view then the police can go ahead and take it
*the police would legally have to be there
*has to be in literal plain view

62
Q

What is consent?

A

Hypothetical: you are 20 years old drinking and the police get called on you because you’re too loud, police say “can we come in?” <- that’s consent
*you can say “no, but i’ll come talk to you on the lawn

63
Q

What are exigent circumstances?

A

Evidence may be destroyed before you get back with a warrant
*ex: people flushing drugs

64
Q

Give a summary of the 5th amendment

A

National protections with police (mostly in the station)
*ex: questioning

65
Q

What is self-incrimination?

A

You have the right NOT to incriminate yourself
*ex: miranda rights

66
Q

What is Eminent Domain?

A

Government can take your land and “compensate” you fairly
*ex: they want to build a freeway and your house is on the path

67
Q

What is Due Process?

A

You are subject to all the parts of criminal procedure like everyone else

68
Q

What is double jeopardy?

A

You cannot be tried for the same crime twice

69
Q

What case applied the 5th amendment to arrest and interrogation?

A

Miranda v. Arizona (1966)

70
Q

What is the sixth amendment?

A

Guarantees your right to a legal counsel

71
Q

What was decided from Gideon v. Wainwright?

A

Every state has to provide you with a lawyer, if you cannot afford one, one will be appointed to you
*gov lawyer only lasts so long throughout the appeals process

72
Q

What is the eighth amendment?

A

Prohibits cruel and unusual punishment

73
Q

Facts about the death penalty?

A
  • Made illegal in the 70’s and then was revered and decided it was up to states
  • punishment to men of color (specifically black men), then white men, then women
  • cases with drugs were different because drugs are counted differently
74
Q

What is mandatory sentencing?

A

Legislature creates a law that means “if you do ___ crime, you’ll have ____ punishments”. mandatory punishments based on crime

75
Q

Black men are sentenced more than anyone for drugs, what amendment does that affect?

A

14th amendment

76
Q

What cases have to deal with the right to privacy?

A

1) Griswald v. Connecticut (1956)
2) Roe v. Wade (1973)
3) Bowers v. Hardwick (1986)
4) Lawrence v. Texas (2003)

77
Q

What are some applications of the right of privacy?

A
  • The right to die (assisted suicide)
  • The availability of information that you look up (national security risks)
78
Q

What are the parts of the 5th amendment?

A

1) Self incrimination
2) Eminent Domain
3) Due Process
4) Double Jeopardy

79
Q

What are enumerated powers and what are some?

A

*Listed powers
1 – give taxes
2 – they can coin money
3 – set up a military (and we NEEDED a navy) & fund the military (by congress)
4 – set up roads
5 – confirm people (judges and justices)
6 – they can go after pirates (funny but true)

80
Q
A
81
Q

What is Article I?

A

Congress

82
Q

What is Article II?

A

Executive

83
Q

What is Article III?

A

Judiciary

84
Q

What is Article IV?

A

Full Faith & Credit
*a contract made in one state is binding in ALL OTHERS

85
Q

What is Article V?

A

Amendments can be proposed be either 2/3 vote by legislature & convention, and Amendments can be ratified by 3/4 of legislature or conventions

86
Q

What is Article VI?

A

Supremacy Clause - when national and state law conflict, national wins

87
Q

What’s an example of the supremacy clause?

A

Gay marriage

88
Q

What is Article VII?

A

Ratification of the Conventions of nine States

Intro to American Politics (3 decks)

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