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Intro to American Politics > Exam 1 > Flashcards

Exam 1 Flashcards

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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
What is Federalism?
Power is shared between state and national government
26
Question on test: What role did the 3/5th compromise have on the great compromise
Had to know the population for legislature and government didn't know how to count enslaved people
27
What were the arguments with the 3/5th Compromise?
Southern states: wanted enslaved people to be counted as people Northern states: did not
28
What's the ratification/approval process?
3/4 of states (in convention or legislature)
29
What is the amendment/law process?
2/3 of states (in convention or state legislature)
30
Order who got to vote first
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.
31
What are random amendments we talked about in lecture?
Prohibition - 21st amendment Congress can vote itself a raise (this was supposed to be in the bill of rights) - 27th amendment
32
What are some amendments that did not pass?
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)
33
What are Civil Liberties?
individual freedoms that place limitations on powers of government (found in the bill of rights)
34
What are Civil Rights?
the extension of government action to secure citizenship rights to all members of society
35
How do rights conflict?
1) Individuals against individuals 2) Individuals against society
36
What is selective incorporation?
case by case basis approach of deciding which portions of the Bill of Rights apply to the state
37
What was the was the 14th amendment designed to do?
Designed to protect the rights of newly freed slaves (it did not do that at all)
38
What are the 5 freedoms of the first amendment?
1) Speech 2) Press 3) Religion 4) Assembly 5) Petition/Protest
39
What is the right to exercise your own religion?
Free exercise clause
40
Why can't the United States establish a national religion?
Establishment clause (you cannot put one religion over the other)
41
Why do we have separation of church and state?
Only way to uphold the establishment clause and the first amendment
42
What religions are prayed at the federal level?
Christian, Judaism, & Islam
43
What is prior restrain?
stopping an activity(speech) before it happens *because the laws are too expansive*
44
What is seditious speech?
Speech that criticizes or harms the government
45
What is the bad tendency test?
Would the speech have a bad tendency? but no one knew where to draw the line so it didn't work
46
What is the clear and present danger test?
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
What is the imminent lawless action test?
speech is not protected if the speaker intends to incite a violation of the law ex: january 6
48
What about pornography & obscenity?
Miller test
49
What is the miller test
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
What is Libel?
written defamation of character
51
What case made "actual malice" a factor in deciding what is okay to print?
New York Times v. Sullivan (1964)
52
What is actual malice?
Provable intent to be malicious
53
Who is the exception of suing for Libel?
Famous people - because too much is written about them
54
What law requires background checks?
The Brandy Bill
55
What is a summary of the 4th amendment? There are exceptions of this amendment, what are they?
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
What is probable cause?
A reasonable expectation that the person or the stuff was involved in illegal activity
57
Where did the exclusionary rule come from?
*Mapp v. Ohio* (1969)
58
What is the exclusionary rule?
if evidence is seized illegally it cannot be used in court
59
What is the automobile exception?
The police can search your car without a warrant as long as they pulled you over for a legal reason
60
What is the Terry Exception?
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
What is plain view?
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
What is consent?
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
What are exigent circumstances?
Evidence may be destroyed before you get back with a warrant *ex: people flushing drugs
64
Give a summary of the 5th amendment
National protections with police (mostly in the station) *ex: questioning
65
What is self-incrimination?
You have the right NOT to incriminate yourself *ex: miranda rights
66
What is Eminent Domain?
Government can take your land and "compensate" you fairly *ex: they want to build a freeway and your house is on the path
67
What is Due Process?
You are subject to all the parts of criminal procedure like everyone else
68
What is double jeopardy?
You cannot be tried for the same crime twice
69
What case applied the 5th amendment to arrest and interrogation?
Miranda v. Arizona (1966)
70
What is the sixth amendment?
Guarantees your right to a legal counsel
71
What was decided from Gideon v. Wainwright?
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
What is the eighth amendment?
Prohibits cruel and unusual punishment
73
Facts about the death penalty?
- 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
What is mandatory sentencing?
Legislature creates a law that means "if you do ___ crime, you'll have ____ punishments". mandatory punishments based on crime
75
Black men are sentenced more than anyone for drugs, what amendment does that affect?
14th amendment
76
What cases have to deal with the right to privacy?
1) Griswald v. Connecticut (1956) 2) Roe v. Wade (1973) 3) Bowers v. Hardwick (1986) 4) Lawrence v. Texas (2003)
77
What are some applications of the right of privacy?
- The right to die (assisted suicide) - The availability of information that you look up (national security risks)
78
What are the parts of the 5th amendment?
1) Self incrimination 2) Eminent Domain 3) Due Process 4) Double Jeopardy
79
What are enumerated powers and what are some?
*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
81
What is Article I?
Congress
82
What is Article II?
Executive
83
What is Article III?
Judiciary
84
What is Article IV?
Full Faith & Credit *a contract made in one state is binding in ALL OTHERS
85
What is Article V?
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
What is Article VI?
Supremacy Clause - when national and state law conflict, national wins
87
What's an example of the supremacy clause?
Gay marriage
88
What is Article VII?
Ratification of the Conventions of nine States

Intro to American Politics (3 decks)

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