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GOVT > exam 1 > Flashcards

exam 1 Flashcards

1
Q

DEFINE GOVT

A

public institutions that establish and enforce the rules

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2
Q

5 different forms of govt

A

democracy, oligarchy, theocracy, monarchy, dictatorship/authoritarian

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3
Q

what do you need to run a govt and where does it come from?

A

authority, social contract with people

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4
Q

authority and social contract only work if govt has power and legitimacy. define those.

A

power: ability to influence people’s behavior. legitimacy: the extent to which people allow one to exert power.

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5
Q

HOW DOES AUTHORITY relate to people and social contract, and power and legitimacy?

A

people+social contract=authority=power+legitimacy

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6
Q

DEFINE POLITICS

A

who does what, when, and how. OR way in which govt institutions are organized to make laws/policies, and how they are influenced.

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7
Q

idea the founding fathers use as the basis for the Constitution

A

idea of natural rights from natural laws

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8
Q

new idea of power from political philosophers of 1700s

A

power from people, not govt

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9
Q

two kinds of democracy; which kind do we use?

A

direct and indirect/representative democracy. we use representative.

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10
Q

america has no unique history. why?

A

young nation with no historical heritage

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11
Q

3 core values of American culture

A

majority rule, minority rights and limited govt

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12
Q

3 major subcultures of America’s political culture

A

Individualism, moralism, and traditionalism

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13
Q

avg lifespan of most constitutions

A

17 yrs

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14
Q

what war ended in 1785, cost 130,000 debt to England and possible taxes for colonies

A

French and Indian war

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15
Q

what event used to justify the Intolerable Acts

A

Boston Tea Party

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16
Q

3 PURPOSES OF Dec of Ind, and who wrote it?

A

list grievances, redefine social contract, and to say people have a right and duty to replace bad govt. Thomas Jefferson

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17
Q

document that first created a govt in 1781

A

Articles of Confedertion

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18
Q

4 MAJOR FUNCTIONS OF NEW AMERICAN GOVT

A

make war, make peace, regulate economy/coin, make treaties with foreign nations

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19
Q

what were some of reasons our first govt failed?

A

unicameral legislature that had minimal power and gave smaller states disproportionate power. no checks and balances system, cuz no executive/judiciary. no power to regulate trade, taxes, make an army

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20
Q

Shay’s rebellion did what?

A

illustrated problem with Articles

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21
Q

constitutional convention

A

Philadelphia, 1787, Rhode Island did not show up

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22
Q

Pres of Convention and 2 rules

A

George W. close doors to public, majority rule

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23
Q

author of US constitution?

A

no one

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24
Q

6 PURPOSES OF CONSTITUTION

A

popular soveriegnty, separation of powers, federalism, checks and balances, limited government, living document

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25
Q

nicknames of constitutional interest groups

A

federalists were called rats anti federalists were called antirats

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26
Q

why were federalist papers so important?

A

they were used as justification for decisions in federal Constitution cases. Madison used Federalist 51 to get constitution ratified in Virginia by explaining how gov wouldn’t abuse its citizens bc of multiplicity of interests

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27
Q

two versions of each step to amend constitution.

A

2/3 of houses and 3/4 of state legislatures or state convention

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28
Q

The Bill of Rights does what

A

Protects numerical minority

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29
Q

how many BoR amendments proposed, discussed, and passed out of congress?

A

225+ proposed, 20 discussed, 12 passed out of congress

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30
Q

what are implied powers and where did they come from?

A

authority to re-interpret constitutional laws as needed, McCullough v Maryland in 1819

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31
Q

define the greatest challenge of federalism

A

sovereignty: regulation of affairs they have jurisdiction over

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32
Q

two other systems of govt.

A

confederacy, ex: EEU, UN. Unitary, ex: Britain

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33
Q

3 powers used in a federal system of govt.

A

enumerated:those named in constitution. reserved: those allowed to the states to enforce. Concurrent: authority shared by fed and state govt

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34
Q

where is the Supremacy Clause found and what doctrine does it support

A

article VI of constitution, and Preemption doctrine.

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35
Q

clause of original constitution that ensures that everyone is treated equally.

A

Full Faith and Credit Clause

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36
Q

5 STAGES OF FEDERALISM

A

State Centered Federalism, National Supremacy Federalism, Dual Federalism, Cooperative Federalism, New Federalism

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37
Q

current stage of Federalism

A

New Federalism. Federal control of preemption and interstate commerce was scaled back

38
Q

two type of grant in aid program

A

categorical grants=specific. block grants=goal oriented

39
Q

advantages of federalism

A

accommodates diversity, more liberty through a division of powers, allows for experimentation on a small scale

40
Q

disadvantages of federalism

A

allows for fiscal inequality between states, lack of accountability through increased complexity

41
Q

why was our federal system designed the way it was

A

so it would calm fears of public that they would be overwhelmed by a majority

42
Q

WHAT IS HARDEST TASK OF DESIGNING A FORM OF GOVT?

A

making sure everyone has access to equality

43
Q

MAJOR DIFFERENCE BETWEEN CIVIL LIBERTIES AND CIVIL RIGHTS

A

civil liberties are freedoms guaranteed by constitutions. Civil rights is equality guaranteed by congress

44
Q

originally the BoR protected us from what?

A

the federal govt

45
Q

why did the BoR change from protecting us from the fed govt?

A

the Great Depression and a re-interpretation of the 14th amendment

46
Q

What 4 areas of BoR applies only to the fed govt

A

3rd, 5th, 7th, 8th.

47
Q

HOW IS FREE EXERCISE CLAUSE DIFFERENT FROM ESTABLISHMENT CLAUSE

A

FEC gives you the right to worship as you please. EC says govt can’t promote one religion, recognize all of nothing

48
Q

what is used as basis for separation of church and state?

A

Court says that prayer=religion

49
Q

Reynolds v US

A

ruled polygamy not protected by religion

50
Q

Division v Smith?

A

rule that in all free exercise cases, state must have compelling interest to override a person’s religious convictions.–> led to use of peyote in NA religion

51
Q

Lemon test, and replacement in 1997

A
  1. is there a secular or non religious reason for helping? 2. will this inhibit the religion? 3. will this entangle govt with religion? Agostini vs Felton, as long as govt remains neutral
52
Q

what case did clear and present danger doctrine come from?

A

Schenk v US

53
Q

act that first restricted free speech in 1790s

A

Sedition Act

54
Q

WHAT FOUR IDEAS ARE USED TO ALLOW FREE SPEECH

A

Marketplace of Ideas T. Self-Governance T. Self-fulfillment T. Safety Valve Theory

55
Q

foundation of free exchange on internet

A

Imminent Danger Test

56
Q

Supreme Court Case that created Imminent Danger Test

A

Brandenburg v Ohio

57
Q

Prior Restraint

A

Censorship of a speech before its made

58
Q

LIBEL

A

printed defamation of character

59
Q

SLANDER

A

spoken defamation of character

60
Q

shield laws

A

keep journalists from being imprisoned by not revealing their sources

61
Q

Justice Stewart’s definition of obscenity

A

“I can’t define it, but I know it when I see it!”

62
Q

Miller v California 3 questions of obscenity

A
  1. does act appeal to ones prurient interests? 2. is the act patently offensive? 3. does the act totally lack SLAPS
63
Q

case established symbolic speech

A

Tinker v Des Moines ISD

64
Q

case estb right to burn flag?

A

TX v Johnson

65
Q

What did DC v Heller do for 2nd amendment

A

made city wide gun bans unconstitutional

66
Q

3 PROHIBITIONS WRITTEN into original constitution

A

No nobility, No ex post facto laws, bills of attainder

67
Q

4th amendment protects from

A

illegal searches and seizures, legal search must have probable cause and warrant

68
Q

exclusionary rule

A

keeps evidence gained in violation of defendents constitutional rights inadmissable to courts

69
Q

good faith exception

A

if warrant is wrong, not by police, it can still be admitted into evidence

70
Q

4 instances when law enforcement can search without a warrant

A

during a lawful arrest. when evidence is in plain view. at end of a hot pursuit. if defendent agrees to a search

71
Q

4 AREAS THE 5TH AMENDMENT COVERS

A

no self-incrimination, no double-jeoprady, due process, indictment with a grand jury

72
Q

6 AREAS THE 6TH AMENDMENT COVERS

A

speedy trial, fair trial, jury trial, face your accuser, public trial, right to an attorney

73
Q

3 areas the 8th amendment covers

A

no excessive fines, no excessive bail, no cruel and unusual punishment

74
Q

9th amendment controversy

A

people don’t understand what it means. means if we believe we have a right, we do. covers privacy and abortion

75
Q

Roe v Wade. if overturned

A

abortion ok in 1st trimester. states will decide.

76
Q

Define Civil rights

A

refers to opportunity to equally share in all our country has to offer. usually ordered by govt for those who have been denied these opportunities

77
Q

only southern state to send a former slave to Congress during reconstruction

A

Mississippi

78
Q

supreme court case that legalized seperate but equal

A

Plessy v Fergusson

79
Q

reversed plessy v fergusson.

A

Brown v Board of Education.

80
Q

Brown v Board first tested

A

Little Rock, Arkansas

81
Q

minorities living together by choice

A

De Facto Segregation

82
Q

4 PROVISIONS OF CIVIL RIGHTS ACT OF 1964

A
  1. prohibits discrimination in public places 2. prohibits disc in hiring. 3. can withhold federal monies for those who choose to disc 4. created Equal Employment Opportunity Commission
83
Q

provisions of 65 voting rights act

A

invalidated literacy tests. required Dept of Justice approval to change voting laws

84
Q

1968 civil rights act

A

banned discrimination in buying a house. made interference in civil rights a crime

85
Q

24th AMENDMENT

A

banned poll tax

86
Q

title 9

A

equal education opportunity with sports in higher ed

87
Q

3 POLICIES USED TO CONTROL NATIVE AMERICANS

A

kill, relocate, assimilate

88
Q

EMPLOYMENT ACT OF 1967

A

prohibits age discrimination

89
Q

ADA of 1990

A
  1. buildings handicap accessible 2. mandated reasonable accomodations for handicapped employees 3. extended definition of disability to include illnesses too.
90
Q

4 states that have authorized same sex marraige/union

A

Iowa, Cali, New Jersey, Hawaii

GOVT (5 decks)

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