exam 1 Flashcards
DEFINE GOVT
public institutions that establish and enforce the rules
5 different forms of govt
democracy, oligarchy, theocracy, monarchy, dictatorship/authoritarian
what do you need to run a govt and where does it come from?
authority, social contract with people
authority and social contract only work if govt has power and legitimacy. define those.
power: ability to influence people’s behavior. legitimacy: the extent to which people allow one to exert power.
HOW DOES AUTHORITY relate to people and social contract, and power and legitimacy?
people+social contract=authority=power+legitimacy
DEFINE POLITICS
who does what, when, and how. OR way in which govt institutions are organized to make laws/policies, and how they are influenced.
idea the founding fathers use as the basis for the Constitution
idea of natural rights from natural laws
new idea of power from political philosophers of 1700s
power from people, not govt
two kinds of democracy; which kind do we use?
direct and indirect/representative democracy. we use representative.
america has no unique history. why?
young nation with no historical heritage
3 core values of American culture
majority rule, minority rights and limited govt
3 major subcultures of America’s political culture
Individualism, moralism, and traditionalism
avg lifespan of most constitutions
17 yrs
what war ended in 1785, cost 130,000 debt to England and possible taxes for colonies
French and Indian war
what event used to justify the Intolerable Acts
Boston Tea Party
3 PURPOSES OF Dec of Ind, and who wrote it?
list grievances, redefine social contract, and to say people have a right and duty to replace bad govt. Thomas Jefferson
document that first created a govt in 1781
Articles of Confedertion
4 MAJOR FUNCTIONS OF NEW AMERICAN GOVT
make war, make peace, regulate economy/coin, make treaties with foreign nations
what were some of reasons our first govt failed?
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
Shay’s rebellion did what?
illustrated problem with Articles
constitutional convention
Philadelphia, 1787, Rhode Island did not show up
Pres of Convention and 2 rules
George W. close doors to public, majority rule
author of US constitution?
no one
6 PURPOSES OF CONSTITUTION
popular soveriegnty, separation of powers, federalism, checks and balances, limited government, living document
nicknames of constitutional interest groups
federalists were called rats anti federalists were called antirats
why were federalist papers so important?
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
two versions of each step to amend constitution.
2/3 of houses and 3/4 of state legislatures or state convention
The Bill of Rights does what
Protects numerical minority
how many BoR amendments proposed, discussed, and passed out of congress?
225+ proposed, 20 discussed, 12 passed out of congress
what are implied powers and where did they come from?
authority to re-interpret constitutional laws as needed, McCullough v Maryland in 1819
define the greatest challenge of federalism
sovereignty: regulation of affairs they have jurisdiction over
two other systems of govt.
confederacy, ex: EEU, UN. Unitary, ex: Britain
3 powers used in a federal system of govt.
enumerated:those named in constitution. reserved: those allowed to the states to enforce. Concurrent: authority shared by fed and state govt
where is the Supremacy Clause found and what doctrine does it support
article VI of constitution, and Preemption doctrine.
clause of original constitution that ensures that everyone is treated equally.
Full Faith and Credit Clause
5 STAGES OF FEDERALISM
State Centered Federalism, National Supremacy Federalism, Dual Federalism, Cooperative Federalism, New Federalism
current stage of Federalism
New Federalism. Federal control of preemption and interstate commerce was scaled back
two type of grant in aid program
categorical grants=specific. block grants=goal oriented
advantages of federalism
accommodates diversity, more liberty through a division of powers, allows for experimentation on a small scale
disadvantages of federalism
allows for fiscal inequality between states, lack of accountability through increased complexity
why was our federal system designed the way it was
so it would calm fears of public that they would be overwhelmed by a majority
WHAT IS HARDEST TASK OF DESIGNING A FORM OF GOVT?
making sure everyone has access to equality
MAJOR DIFFERENCE BETWEEN CIVIL LIBERTIES AND CIVIL RIGHTS
civil liberties are freedoms guaranteed by constitutions. Civil rights is equality guaranteed by congress
originally the BoR protected us from what?
the federal govt
why did the BoR change from protecting us from the fed govt?
the Great Depression and a re-interpretation of the 14th amendment
What 4 areas of BoR applies only to the fed govt
3rd, 5th, 7th, 8th.
HOW IS FREE EXERCISE CLAUSE DIFFERENT FROM ESTABLISHMENT CLAUSE
FEC gives you the right to worship as you please. EC says govt can’t promote one religion, recognize all of nothing
what is used as basis for separation of church and state?
Court says that prayer=religion
Reynolds v US
ruled polygamy not protected by religion
Division v Smith?
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
Lemon test, and replacement in 1997
- 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
what case did clear and present danger doctrine come from?
Schenk v US
act that first restricted free speech in 1790s
Sedition Act
WHAT FOUR IDEAS ARE USED TO ALLOW FREE SPEECH
Marketplace of Ideas T. Self-Governance T. Self-fulfillment T. Safety Valve Theory
foundation of free exchange on internet
Imminent Danger Test
Supreme Court Case that created Imminent Danger Test
Brandenburg v Ohio
Prior Restraint
Censorship of a speech before its made
LIBEL
printed defamation of character
SLANDER
spoken defamation of character
shield laws
keep journalists from being imprisoned by not revealing their sources
Justice Stewart’s definition of obscenity
“I can’t define it, but I know it when I see it!”
Miller v California 3 questions of obscenity
- does act appeal to ones prurient interests? 2. is the act patently offensive? 3. does the act totally lack SLAPS
case established symbolic speech
Tinker v Des Moines ISD
case estb right to burn flag?
TX v Johnson
What did DC v Heller do for 2nd amendment
made city wide gun bans unconstitutional
3 PROHIBITIONS WRITTEN into original constitution
No nobility, No ex post facto laws, bills of attainder
4th amendment protects from
illegal searches and seizures, legal search must have probable cause and warrant
exclusionary rule
keeps evidence gained in violation of defendents constitutional rights inadmissable to courts
good faith exception
if warrant is wrong, not by police, it can still be admitted into evidence
4 instances when law enforcement can search without a warrant
during a lawful arrest. when evidence is in plain view. at end of a hot pursuit. if defendent agrees to a search
4 AREAS THE 5TH AMENDMENT COVERS
no self-incrimination, no double-jeoprady, due process, indictment with a grand jury
6 AREAS THE 6TH AMENDMENT COVERS
speedy trial, fair trial, jury trial, face your accuser, public trial, right to an attorney
3 areas the 8th amendment covers
no excessive fines, no excessive bail, no cruel and unusual punishment
9th amendment controversy
people don’t understand what it means. means if we believe we have a right, we do. covers privacy and abortion
Roe v Wade. if overturned
abortion ok in 1st trimester. states will decide.
Define Civil rights
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
only southern state to send a former slave to Congress during reconstruction
Mississippi
supreme court case that legalized seperate but equal
Plessy v Fergusson
reversed plessy v fergusson.
Brown v Board of Education.
Brown v Board first tested
Little Rock, Arkansas
minorities living together by choice
De Facto Segregation
4 PROVISIONS OF CIVIL RIGHTS ACT OF 1964
- 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
provisions of 65 voting rights act
invalidated literacy tests. required Dept of Justice approval to change voting laws
1968 civil rights act
banned discrimination in buying a house. made interference in civil rights a crime
24th AMENDMENT
banned poll tax
title 9
equal education opportunity with sports in higher ed
3 POLICIES USED TO CONTROL NATIVE AMERICANS
kill, relocate, assimilate
EMPLOYMENT ACT OF 1967
prohibits age discrimination
ADA of 1990
- buildings handicap accessible 2. mandated reasonable accomodations for handicapped employees 3. extended definition of disability to include illnesses too.
4 states that have authorized same sex marraige/union
Iowa, Cali, New Jersey, Hawaii
