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POSC > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Absolute Monarchy

A
  • Classical Conservatism
  • A king or queen sets standards, enforces standards, and resolves disputes
  • Divine right of kings, they can do whatever they want because god said so
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2
Q

Enlightenment Period

A
  • The Scientific Revolution increased science, astronomy, biology, Galileo, Newton, and math; this info was used to explain the natural world besides god.
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3
Q

The state of nature

A

Is humans in their natural state without government interference, social rules, etc

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4
Q

Natural Rights

A

natural rights are rights that humans are born with; natural rights in the state of nature means that you have the right to everything but everyone else also has the same rights.

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5
Q

SOCIAL CONTRACT THEORISTS

A
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6
Q

Hobbes

A
  • Believes in the state of nature and natural rights; he thinks that humans are inherently bad and selfish. They will MAXIMIZE pleasure and MINIMIZE pain. They CAN NOT BE TRUSTED and the government needs to rule with an iron fist
  • Social contract was the iron fist ruling
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7
Q

Locke

A

Believes in the state of nature and natural rights, he thinks that humans are inherently bad and selfish BUT they have the potential for good

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8
Q

What is the purpose of government?

A

The purpose of government is to protect and defend the people’s natural rights. It doesn’t give them inherent rights and keeps people from violating others’ rights.

  • Natural rights: life, liberty, property, the government protects those rights.
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9
Q

People select a sovereign leader

A
  • One leader is functional, but if they abuse their power, the people have the right to dissolve the contract and start a new one
  • Impeach, recall, elections
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10
Q

People give up their right to defend their own liberty

A
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11
Q

TRUE DEMOCRACY

A
  • Ultimate political authority is vested in the people and is based on majority rule
  • so some form of government is going to set standards, enforcing standards, and resolving disputes
  • The government authority comes from the people, we allow them to do it as long as they are protecting our rights and if they’re not, we can dissolve the contract
    - Their job exists because we allow it to exist
  • MAJORTIY RULE
  • FLAWS
    • It is not functional because people would have to vote on every little thing and be educated on it all
    • True democracy always causes tyranny of the majority, and will eventually take away the rights of the few
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12
Q

Representative democracy (republic)

A
  • People elect an agent to represent them in making laws and policies
  • Based on majority rule WITH minority rights protected
  • The agent refines the views of the majority by knocking off the hard edges or watering it down
    - The agent pays attention to the minority because they can agitate or run against in the next election
  • Large Republic prevent tyranny of the majority better than small ones
    • Messaging is harder in a large republic
      * TO take away the rights of a few, you need to mobilize the majority
    • It is harder to identity dissenters in a majority
    • There’s more diversity in a larger republic
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13
Q

Direct Democracy ( California)

A
  • a system of government where the people vote on some issues (props)
  • A strong progressive movement pushed direct democracy
  • Progressives wanted to restrict the power of corporations, interest groups, political parties, and unions
    - wanted to give the power back to the people
    - Reduce the power instate legislatures and unions
    - Place experts inside the government to institute progressive policies long after the progressives left office
    - Decisions for the group and not the individual
  • All of the above led to the creation of democracy through the progressives
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13
Q

Constitution

A
  • Declaration of Independence dissolved the contract and relationship between the old government and then had the framework of the new government created
  • All men are created equal
    • Very controversial
    • Every human can reason, and his intellect
    • Liberty, equality, individualism, self-government, unity
  • The constitution was poisoned from the beginning
  • The only solution to fix the inherent racism is to remove the entire system and start over
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14
Q

CHAPTER 1

A
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15
Q

Core Values

A
  • Liberty : individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom and well-being of others
  • Individualism - commitment to a personal initiative and self- sufficiency, self- reliance to create the American dream
  • Equality - the notion that all individuals are equal in their moral worth and thereby entitled to equal treatment under the law
  • Self - government: the people are the ultimate source of governing authority and should have a voice in their governing
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16
Q

Limits and Powers of American Ideals

A
  • Limits: our core values don’t come with guarantees; we had segregation, we don’t help each other out because of individualism
  • Powers : we have built the largest collegiate system, we have the most elections, and we are equal and free for the most part
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17
Q

Free Market Systems

A
  • Operates mainly on privater transactions; firms are largely free to make their own production, distribution, and pricing decisions
  • Individuals depend largely on themselves for economic security
  • Corporate power is the influence of business firms on public policy
  • Elitism is the power exercised by well-positioned and highly influential individuals
18
Q

CHAPTER 2

A
19
Q

Protecting Liberty: limited government

A

How is the government structured to protect liberty? Separation of powers

*Judiciary branch: The Supreme Court; has the power to interpret legal disputes arising under acts of Congress, and may declare acts of Congress unconstitutional

*Executive branch: the white house; the president nominates judges and may pardon those convicted, executes court decisions, and thereby affects their implementation

*Legislative branch: congress; may impeach or remove the president, override presidential veto, investigate presidential action, must approve treaties and executive appointments, enacts the budget and laws within which presidential action occurs

20
Q

Altering the constitution gives more power to the people

A

*How did they change the Constitution to give more power to the people

*Who did it? Andrew Jackson?

*What did they do? Amended the constitution

*Marbury v Madison is about judicial review!!

21
Q

CHAPTER 3

A

Federalists

*believe in core values and that the government should protect our rights

*They want to get rid of the Articles of Confederation and start over, create a strong central government, with the ability to tax and regulate commerce, more concerned with the majority (people)
- Republic government
#Strong central gov
#Want the ability to tax
#Want the ability to regulate commerce

*Created papers which are articles published in antifederalist areas arguing why the federal/central government is not to be feared and they will not take power away from the states
- The federal gov isn’t interested in the small matters of the states (local issues) but rather wants to deal with foreign affairs (wars, treaties, foreign trade)
- The fed gov will not have the resources to do so (not enough money, people, and time to infringe state power)
-The fed gov will only be more powerful than the states in times of war

22
Q

Anti-federalists

A

*Want to keep the Articles of Confederation and just make some minor changes, want strong states, and a list of individual rights

*Responded to federalists with 3 reasons why the gov WILL take power away from states:
- Supremacy clause: declares if there is a federal law and a state law that conflict, federal law wins
- Necessary and proper clause: allows Congress to make laws or act where the constitution doesn’t give it authority to act
*to make all laws which shall be necessary and proper for carrying into execution the foregoing [enumerated] powers
- Taxes // no money = no power: the gov can’t function without money, and taxes allow gov to grow

23
Q

Enumerated Powers

A

Enumerated powers (areas in control of the federal gov): right to declare war, borrow money, regulate commerce, regulate immigration, necessary and proper clause → allows the government to act where the constitution doesn’t explicitly give it the power to act

24
Q

Bridge the Gap with Federalism

A
  • A system of government with two equal govs (state and federal)
  • Have more than one government control the same territory but have authority over different areas, each gov manages in direct relation in their jurisdiction
25
Q

Reserve Powers clause

A
  • Reserve powers clause declares any area not granted to federal government shall go to the state or the people; healthcare; education; agriculture; environment; public health; transportation; labor; policing
  • The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states
  • The state government has reserved powers, and the fed government has enumerated powers but the necessary and proper clause
26
Q

Why federalism?

A
  • Its a compromise between the fed and the quantified so we can ratify the constitution
  • Prevent tyranny through divided powers and when one gove abuses their power it allows the people to seek relief from another gov
  • its functional
27
Q

LARGE V. SMALL STATES

A
28
Q

Large state plan (Virginia plan)

A

two-house legislature, both apportioned by population

29
Q

Small state plan ( New Jersey)

A

: one house legislature, each state has an equal rep.

30
Q

The great compromise

A

The great compromise is a two-house legislature.

  • The lower house is the house of rep and is apportioned by population
    - Had more influence in the laws that were written
  • The upper house is the senate and has two senators per state
31
Q

The Dispute about slavery : north v south

A
  • to get rid of slavery you have to make a law, the House of representatives makes laws, the north has a higher population and wants to abolish slavery
  • The South needs to increase its population to get more reps in the house to write laws and keep and expand slavery
  • south wanted slaves to count as 1 person; north wanted them to count as 0 because they weren’t free
  • they can split the country in two but there will still be slavery so they do the 3/ths compromise, every 5 slaves counts as 3 people
32
Q

Northwest ordinance

A

Northwest Ordinance prohibits the expansion of slavery in any new territory.

33
Q

Differences between a writ of habeas corpus, bills of attainder, and ex post facto laws

A
  • Habeas corpus means to produce the body
    - Congress cannot write a law that prohibits a person from challenging their detention except in times of insurrection which is temporary. You have the right to challenge your detention
  • Bills of attainder
    - Is when a person can be convicted of a high crime such as treason without going to trial
    Congress may not declare the guilt of a person and cannot give out a punishment without a judicial trial.
  • Ex post facto
    - This is a retroactive criminal law, a person cannot be convicted of a crime when the act was legal at the time. This was used against political opponents by outlawing things out of nowhere and convicting the person
34
Q

What is a unitary system?

A

A unitary system: sovereignty is vested solely in the national gov. Local or regional governments in a unitary system don’t have sovereignty.

35
Q

CONSTITUTION WORKSHEET

A
36
Q

6 out of the 17 enumerated powers:

A

1.lay and collect taxes
2.pay debts and borrow money
3.regulate commerce, coin money
4.establish post offices
5.protect patents and copyrights
6.establish lower courts
7.declare war
8.raise and support an army and navy

37
Q

Section 9 discusses prohibitions on the power of Congress. What is the difference between writ of habeas corpus, bills of attainder & ex post facto laws?

A

A) Habeas corpus means “produce the body” essentially meaning to be brought before a judge and given a reason why they shouldn’t be released; congress cannot write a law that prohibits a person from challenging their detention except in times of insurrection. Bills of attainder is a law allowing a person to be punished for a high crime such as treason without a trial. And ex post facto law is a law applied to an act committed before the law was passed.

B)The Constitution protects the writ of habeas corpus by banning the passage of bills of attainder and ex post facto laws

38
Q

Explain the other prohibitions on the powers of the states listed in paragraph three. States may not…

A

A) pass or collect taxes on imports/exports

B) Make treaties/alliances or other acts that belong to the federal government

c) Independently keep troops or engage in war in times of peace in the US

39
Q

Name four powers of the president

A

A) Commander in chief of the army and navy and of the militia of the several states

B) To make treaties provided ⅔ of the senate concurs

C) Appoints ambassadors, consuls, and judges of the Supreme Court

D) Can fill vacancies in the senate that happen during the recess of the senate by granting commissions which expire at the end of their next session

E)To pardon any person who committed a federal crime

40
Q

In what kinds of cases does the Supreme Court have original jurisdiction (the court acts as a trial court rather than an appellate court)?

A

in cases involving disputes between the states or among ambassadors and other high-ranking ministers

41
Q

Explain the “full faith and credit” clause and give an example

A

A) state courts must respect the laws and judgments of other states

B) if a couple is married under the laws in one state, the marriage must be given full faith and credit in all other states

42
Q

Explain the “supremacy” clause

A

A) the supremacy clause means that federal law takes precedence over state law and even state constitutions

43
Q

What is the difference between enumerated powers, implied powers, and reserved powers?

A

A) Enumerated means that they are listed out explicitly in the constitution, implied means that its not explicitly stated but is suggested or assumed that the constitution allows it, and reserved powers are ones that the federal government has reserved for the states

  i) Enumerated powers: establish post offices, lay and collect taxes
  ii) Implied powers: declare war, mint currency, regulate commerce
  iii) Reserevd powers: creating public schools, est local govs, passing voting laws

POSC (1 decks)

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