Exam 1 Flashcards

1
Q

What is Government?

A

An institution that makes policy decisions for society.

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2
Q

What are institutions?

A

Exist at all levels (federal, state, and local) have their own jurisdiction.

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3
Q

What do Federal Institutions do?

A

Pass laws, regulate interstate commerce, provide aid. ie. Congress.

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4
Q

What do State institutions do?

A

Has its own constitution that federal cannot interfere with, ie. DMV

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5
Q

What are policies?

A

Rules created by each level to govern their people.

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6
Q

What are the 3 levels of government?

A

Federal, state, and local.

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7
Q

What should a government do?

A

At their own level maintain order, maintain national defense, socialize the public, provide public services, finance services.

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8
Q

What are the different types of government structures?

A

Monarchy, aristocracy, theocracy, dictatorship, democracy.

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9
Q

What is democracy?

A

A government ruled by the “people.”

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10
Q

Who said “a government of the people, by the people, and for the people”?

A

Abraham Lincoln at the Gettysburg’s Address.

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11
Q

Was Athenian democracy a real democracy?

A

No, because it did not apply to all people. ie. Women, minorities, the poor, those who do not own property. Only the powerful and elite ruled.

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12
Q

What are the 3 conditions for government to exist?

A

Popular sovereignty, people are the source of power.
Political equality, equality in voting; each vote is weighted equally.
Policial liberty, opportunity to participate in the government.

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13
Q

What are the 3 theories of democracy?

A

Elitism, those on top have the upper hand.
Pluralism, all groups are equal no matter who they are.
Hyper-pluralism, government does what the elite wants.

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14
Q

When did the American Revolution start and ended?

A

Started 1775.
Ended when the Constitution was ratified.

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15
Q

Why did America revolt?

A

Colonies were under England.
England was taxing too much on basic commodities. ie. Sugar, tea, paper, stamps.

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16
Q

What was the slogan of the Revolution?

A

No taxation without representation.

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17
Q

What was the Boston Tea Party and what did they do?

A

A group of members of the colonies (leadership) dressed as Native Americans (symbolic of being 2nd class citizens) and dumped tea over the harbor to protest the high taxes.

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18
Q

What happen during the First Continental Congress?

A

Members of the colonies gather to discuss the situation with England.
They wanted to get rid of England but had hesitation to go forward.

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19
Q

What was the point of The Second Continental Congress?

A

Debated over seeking independence, reasoning behind seeking independence was offered.

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20
Q

What essay did Thomas Paine write?

A

“Common Sense” pamphlet that urge Americans to seek independence as it was a right and a necessity.

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21
Q

When was the declaration of Independence?

A

July 4, 1776.

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22
Q

What did John Lock propose on his writing?

A

Natural Rights: guarantees to every person that must be protected.
Limited Government: to protect a persons rights, constitution stipulates limitations.
Social contract: citizens gives government consent to rule over them, pay government taxes, and in return they must protect your rights, give you services, etc.

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23
Q

What are The Articles of the Confederation?

A

First draft of the Constitution, built in a way that disperses power outwards. States have power over Federal. No centralized power.

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24
Q

What is a constitution?

A

A basic framework of law that a government must follow in order to govern.

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25
Q

What were the disadvantages of The Articles of Confederation?

A

Lack of real power by federal government, no power to dictate over states.
No chief executive (president), leaves new country vulnerable since there is no one to maintain order.
Autonomous states, colonies are their own entities, decide their own regulations, republic provides unity and cohesiveness.
Federal regulates transactions between states.

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26
Q

What was the purpose of The Constitutional Convention?

A

To resolve the flaws in the Articles of Confederation.

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27
Q

What is republicanism?

A

A system of government where the power of the government is limited.

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28
Q

What is tyranny?

A

The act of the government in using its power to systematically violate the rights of its people.

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29
Q

What is federalism?

A

Different levels of authority (federal, state, local) each with different duties and power, enabling the people to appeal to one authority if their rights and interests are not respected by the other authority.

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30
Q

What is Checks and Balances?

A

To ensure fairness the different levels keep each other accountable. To prevent tyranny from occurring, no one is above the law.

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31
Q

What is the purpose of the right to electing leaders?

A

Freedom to elect your leaders freely in any layer of government.
To prevent one type of ideology to over power others.
Requirements must be meet to be elected.
Money does not guarantee victory but it is necessary.

32
Q

What was The Great Compromise?

A

Agreement that resolved dispute between small and large states.
It established a two-house congress.
Senate 2 representatives per state regardless of population.
House of Representatives based on population.

33
Q

What is the 3/5 Compromise?

A

For purposes of taxes and seats in the House of Representatives each slave was to count as 3/5 of a person.

34
Q

What is the Elastic Clause?

A

Gives Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. Gave Federal Government implied powers that are not listed in the Constitution.

35
Q

Who elects the President?

A

The Electoral College, to create fairness between states regardless of population.
Electors equal in number to the state senators, and respresentatives.
Voters have an indirect voice in the selection as the winner of the popular votes gets the electoral college votes for the state.

36
Q

When did the ratification of the U. S. Constitution take place?

A

In 1790.

37
Q

What are the bill of rights?

A

The first 10 amendments of the constitution.

38
Q

How did the Federalist feel about the Bill of Rights?

A

They believed that rights were a given in the Constitution, and it was better not to include them because it would limit the rights to only those.

39
Q

How did the Antifederalist feel about the Bill of Rights?

A

Bill of Rights should be included to safeguard rights of individuals. They need to be stated so the government cannot deny you any particular right.

40
Q

What is the 1st Amendment and what does it stipulate?

A

Freedom of Speech, Religion and Association.

41
Q

What is the 1st Amendment and what does it stipulate?

A

Freedom of Speech, Religion and Association.

42
Q

What is the Imminent Lawless Test?

A

Speech that is likely to cause immediate harm.
There is exceptions to the rule based on othe situation.

43
Q

What is the 2nd Amendment and what does it entail?

A

Freedom to Bear Arms.
Citizens must abide to State gun control laws, they are usually different from state to state.

44
Q

What is the 3rd Amendment and what does it state?

A

Quartering of soldier. During war time in US soil, your home is considered a place to quarter, meaning they can seize your home.

45
Q

What is the 4th Amendment and what does it state?

A

Searches and Seizures.
No unreasonable searches and seizures by law enforcement without a warrant.
A warrant is given if the judge finds that probable cause exits.
Probable cause: reasonable belief that a crime has, is, or will be committed.

Public Safety is default priority.

46
Q

What is the 5th Amendment and what does it entail?

A

Double Jeopardy: cannot be tried by same crime twice.
Self-incrimination: Burden on the state to find individual guilty. Can plead the fifth.
Miranda Rights: Must be given once put under arrest.
Private property: If land needed for public use there must be just compensation.

47
Q

What is the 6th Amendment and what does it state?

A

Criminal Court Procedures: speedy and public trial; impartial jury of your peers, ability to confront the witness.

48
Q

What is the 7th Amendment and what does it entail?

A

Trial by jury: common law for everyone to have same protections.
Case must exceed $20 for a trial by jury to be required.

49
Q

What is the 8th Amendment and what does it state?

A

Cruel and unusual punishment and Bails/Fines.
Punishment must fit the crime.

50
Q

What is the 9th Amendment and what does it entail?

A

Rights given to the people: if right is not stately prohibited/denied/given to another then it is given/reserved to the people.
Right of privacy is not state so is given to the people.

51
Q

What is the 10th Amendment?

A

State’s rights: if right is not prohibited/denied/given to another then it is given/reserved to the states.

52
Q

What is Federalism?

A

A system divided and shared power between units of government.

53
Q

What is Unitary government?

A

A system of government where power resides with the federal government.

54
Q

What is a Confederation?

A

A system of government where power resides with the states. Power disperses outwards.

55
Q

What is Dual Federalism?

A

Occurs when different units of government have separate powers and scopes.

56
Q

What is Shared Federalism?

A

Occurs when different units of government have shared powers and scopes.

57
Q

What is Fiscal Federalism?

A

Relationship between the federal government and state/local government is based on money.

58
Q

What types of aid does the government provide?

A

Categorical grants: must use money for specified reasons and in a specified way. Leaves no space for interpretation.
Block grants: more broad aid, you can use it for anything you want with certain limitations.

59
Q

What does the Supreme Court do?

A

It makes sure the passed laws are faithful to The Constitution.

60
Q

What are some advantages of Federalism?

A

Authority divided into two levels.
Protects liberties as it allows citizen participation.
Moderates the power of the government.
Enhances judicial power, legal system where everyone has the same advantages.

61
Q

What are some disadvantages of Federalism?

A

Different treatment of citizens. Rights may differ from state to state.
Disputes of power between federal and state governments.
Lead to conflict of interest in policy making. State can make legal things that Federal does not.

62
Q

What are the powers of the Federal government?

A

Enumerated powers: are listed on constitution ie. tax, regulate commerce, declare war.
Implied powers: not stated but assumed to exist.

63
Q

What are the powers of the state government?

A

Article IV of the Constitution
Privileges and Immunities
Extradition
Full Faith and Credit
10th Amendment

64
Q

What are shared powers between Federal and State Government?

A

Tax
Borrow Money
Establish Courts
Make and Enforce Laws
Spend Money for General Welfare

65
Q

What are civil liberties?

A

The legal rights that protect an individual from the government’s actions.

66
Q

What legal rights are protected for every individual?

A

Freedom of Expression And Religion
Right to Bear Arms
Rights of the Accused
Right to Privace

67
Q

What was the ruling in Gitlow v. New York?

A

That the right of free speech applies to state governments.

68
Q

What was the ruling in Engel v. Vitale?

A

That religion cannot be part of the public school system.

69
Q

What was the ruling in Brandengurg v. Ohio?

A

Imminent lawless Test. Speech that causes imminent harm and lawlessness.

70
Q

What was the ruling in Roth v. U.S.?

A

Obscene speech is not protected speech.
Lack of social value, particularly offensive, reasonable person standard.

71
Q

What was the ruling in District of Columbia v. Heller?

A

The 2nd amendment protects the right of individuals to possess a firearm.

72
Q

What was the ruling in McDonald v. Chicago?

A

The Supreme Court applied the same standard to state and local governments.

73
Q

What are the rights of the accused?

A

4th, 5th, 6th, and 8th amendments.

74
Q

What was the ruling in Griswold v. Connecticut?

A

Individuals’ privacy is protected; implied right to privacy.

75
Q

What was the ruling in Dobbs v. Jackson Women’s Health Organization?

A

States have the power to regulate abortion within their states.