Exam 1 Flashcards

1
Q

New Jersey Plan

A

States have equal representation, regardless of size

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2
Q

1st amendment

A

Revolves around freedom from government abuse.

  1. Freedom of speech
  2. Freedom of the press
  3. Freedom of Assembly
  4. Right to petition government
  5. Freedom of Worship
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3
Q

Freedom of speech

A

Protected under law to critique government.

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4
Q

Freedom of Worship

A

Free Exercise Clause: Free to worship or not

Establishment Clause: government cannot establish a national religion.

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5
Q

Freedom of Press

A

Right to know what is going on or to police government

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6
Q

Freedom of Assembly

A

Right to gather peacefully: protest, religious service, soccer groups.

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7
Q

Rights to petition government

A

Calling/email government

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8
Q

2nd Amendment

A

Rights for a regulated militia and individual people to form militias and to own guns.

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9
Q

4th Amendment

A

Unreasonable search and seizure. Government needs a justifiable and specific reason and warrant to search your property.

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10
Q

5th Amendment

A

Criminal Protections

  1. Grand Jury
  2. Double Jeopardy
  3. Self-Incrimination
  4. Due process of Law (national only)
  5. Takings Clause
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11
Q

Right to Grand Jury

A

For capital and infamous trials; must be tried by jury.

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12
Q

Double Jeopardy

A

Found innocent; cannot be tried again later

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13
Q

Self-Incrimination

A

Does not have to testify against self; defendant does not have to testify.

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14
Q

Due Process (national)

A

Cannot be sentenced without being processed

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15
Q

Takings Clause

A

Government cannot take private property unless paid for it at current market value and it will be for the public.

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16
Q

6th Amendment

A
  1. Fair and Speedy Trial
  2. Right to a Jury
  3. Right to know what you are accused of.
  4. Right to face accuser
  5. Right to defense
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17
Q

Fair and Speedy Trial

A

Trial is soon after arresting; thrown out if witness or accuser dies.

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18
Q

Right to a Jury

A

Tried by peers, fellow citizens

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19
Q

Right to know what you are accused of.

A

Habeas Corpus (if there’s a body, show me the body). Ppl being detained have the right to know what they are accused of. Evidence.

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20
Q

Right to face accuser

A

Can face accuser in court; know who is accusing you.

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21
Q

Right to defense

A

Right to try to prove you are innocent.

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22
Q

8th Amendment

A

Criminal Protection.

1. Protection from cruel and unusual punishment.

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23
Q

9th and 10th Amendments

A

Checks on government.

9th: Something not stated in Constitution, it goes back to the people.
10th: Something is not stated in the Constitution, it goes back to the states.

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24
Q

12th Amendment

A

Separate ballot for president and vice president. [same??]

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25
Q

13th Amendment

A

Abolished slavery and indentured servitude

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26
Q

14th Amendment

A
  1. Citizenship by birth.

2. Due Process (states)

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27
Q

Due process (states)

A

Due Process Clause: procedure in place.
Cannot be sentenced without being processed.
Equal Protection Clause: Protect equally from abuses. i.e. witness protection program.

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28
Q

Amendment 15

A

Prohibition from denying a citizen the right to vote based on race, color, and previous servitude.

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29
Q

Amendment 16

A

Income Tax

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30
Q

Amendment 17

A

Direct election of senators

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31
Q

Amendment 18

A

Prohibition

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32
Q

Amendment 19

A

Right for women to vote.

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33
Q

Amendment 20

A

Presidential term limit – Jan 20; Congress meet in January.

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34
Q

Amendment 21

A

Repeal of Prohibition

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35
Q

Amendment 22

A

Presidential term limit; can only serve 10 years.

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36
Q

Amendment 25

A

Presidential Succession Fix. President -> vice president -> speaker of the house -> president proptem of senate => secretary of state -> cabinets -> department of homeland security

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37
Q

Amendment 26

A

18-Year-Olds can vote

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38
Q

Amendment 27

A

Congress cannot give self a raise w/o facing the voter

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39
Q

Federalists

A

Founders who supported the new Constitution. Madison, Jay, Hamilton. Published under Publius

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40
Q

Anti-Federalists

A

Founders who did not support the new Constitution. Jefferson, Mason, Adams. Published under Brutus.

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41
Q

Bicameral

A

Legislative having two branches; House of Reps and Senate

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42
Q

House of Representatives; number of people

A

Depends on population of state

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43
Q

Senate; number of people

A

Two from each state

44
Q

Amendment Process

A
  1. Proposal by a two-thirds vote in both houses of Congress.
  2. Ratification by three-fourths of the state legislatures.
45
Q

Representative democracy

A

A form of democracy in which citizens elect public officials to make political decisions and formulate laws on their behalf.

46
Q

Democracy

A

Supreme power invested in people and exercised by them directly

47
Q

Republic

A

Supreme power invested in people and exercised by them indirectly. Representatives acting on peoples’ behalf.

48
Q

Federalism

A

System of government in which sovereignty is constitutionally divided between national and state governments.

49
Q

What it US actually is.

A

A republic – where people elect officials to act on their behalf

50
Q

Take Care Clause

A

Responsibility to enforce laws of Congress exactly how it states, and actually enforce it.

51
Q

Anarchy

A

Lack of governing authority

52
Q

Socialism

A

Mid-point (Marx and Lennon). Collective community produces, distributes, and exchanges all goods and services. Private and Public

53
Q

Framers

A

Ones who wrote Constitution: Franklin, Madison, Washington, Hamilton

54
Q

Privileges and Immunities Clause

A

Article 4 (states): Must treat citizens and non-citizens equally

55
Q

Aristotle

A

“Father of Democracy”; pure/direct democracy (government is exercised directly by the people). Is majoritarian

56
Q

Four major principals of US government rooted in the Constitution

A

Republicanism, separation of powers, checks and balances, federalism

57
Q

Connecticut Compromise

A

Bicameral, Two-chamber legislature:

  1. House of Representatives
    a. Lower Chamber
    b. Proportional
  2. Senate
    a. Upper Chamber
    b. Represents each state equally
58
Q

Number of articles and amendments in the constitution

A

27 amendments; 7 articles + preamble

59
Q

Full Faith and Credit Clause

A

Article 4 (states): must honor each other’s laws

60
Q

Second Continental Congress

A

July 4, 1776. Approved Declaration of Independence.

61
Q

3/5ths compromise

A

3/5 slaves counted for House of Reps representation and taxation.

62
Q

Equal Protection Clause

A

Portion of the 14th Amendment that requires the states to treat citizens equally under the law. Basis for the incorporation doctrine, which extends Bill of Rights protections to shield citizens from state as well as federal abridgment of basic freedoms.

63
Q

Majoritarianism

A

Majority rule; numerical majority of a group should hold the power to make decision binding on the whole group – a simple majority

64
Q

Individualism

A

Set of beliefs holding that people, and not the government, are responsible for their own well-being.

65
Q

George III acts that led to revolution

A

Navigation, Townshend and Tea, Molasses and Sugar, Currency, Stamp, Intolerable Acts (quartering and soldier immunity)

66
Q

Challenges of pure democracy

A
  1. size of country
  2. mob rule
  3. limited government
67
Q

Politics

A
  1. The process of determining who gets what, when, and how (Harold Lasswell)
  2. The conflicts and struggles over the leadership, policies, and structure of government
68
Q

Autocracy

A

Power to rule is concentrated in one person. It is not hereditary.

69
Q

Republic/Republic form of government

A

A form of governance in which power is derived from citizens, but representatives act on their behalf to make governmental policy.

70
Q

Capitalism

A

Production and distribution of good and services are privately or corporately owned.

71
Q

Founders

A

Some wrote Constitution; involved in establishment of the US. Jay, Adams, Jefferson, Franklin, Madison, Washington, Hamilton

72
Q

Checks on Legislative

A

Executive: Veto legislation,
recommend legislation
Judiciary: Review legislative acts

73
Q

Checks on Executive

A

Legislature: Override executive veto with a 2/3 majority, confirm executive appointments (Senate),
reject foreign treaties (Senate)
Judiciary: Review executive acts, issue injunctions

74
Q

Checks on Judiciary

A

Legislature: Create or eliminate courts, impeach

Powers of Executive: Grant pardons, nominate judges

75
Q

Limitations of the articles

A
  1. no power to collect taxes.
  2. no power to regulate trade
  3. no power to enforce laws
  4. all nine states needed to pass laws
  5. Amendments to Articles required all 13 states.
76
Q

Articles of Confederation

A

1782-1789

77
Q

Enumerated powers

A

Powers specifically granted to the government. Enumerated powers of Congress are found in the first 17 clauses of Article I, §8, of the U.S. Constitution

78
Q

Shay’s rebellion

A

Pre-foreclosure MA farmers revolted reduce taxes causing crippling debt. Highlighted the inherent weaknesses in the Articles in that state governments were not functioning properly

79
Q

Preamble

A

Articles of Confederation okay; needed to do more. General welfare -> ppl help from government; whole/individual.

80
Q

1st Article

A

Legislative branch – qualifications, structure, terms, general powers; most powerful. House of Reps (upper), Senate (lower). Rep for territories. Necessary and Proper Clause.

81
Q

Qualifications for being house of Rep

A

Citizen for 7 years; 25-year-old, reside inside district running for

82
Q

Qualifications for Senate

A

age 30, reside in state for nine years.

83
Q

Necessary and Proper Clause

A

Gives Congress authority to do what is necessary and proper to run a country.

84
Q

2nd Article

A

Executive branch. Structure - cabinet. Natural-born US citizen; 35 age, live in US 14 years. Vesting and Take Care clause.

85
Q

Vesting Clause

A

The authority for the president to enforce laws

86
Q

Take care clause

A

Responsibility; enforce what law says, don’t fail.

87
Q

3rd Article

A

Judicial Branch; court justices; presidential make appointees, senate confirm

88
Q

4th Article

A

States. Full Faith and Credit Clause. Privileges and Immunities Clause. Republican form of government.

89
Q

Legislative job

A

Make laws

90
Q

Executive

A

Enforce laws

91
Q

Judicial

A

Interpret laws

92
Q

Pluralism

A

System of policy making in which competing interest hold authority over issues most important to them.

93
Q

5th Article

A

Two-Stage process for amending constitution

94
Q

6th article

A

Federal Powers; Supremacy clause

95
Q

7th article

A

Ratification for adopting the constitution

96
Q

Virginia Plan

A

Wanted proportional representation - A system of legislative districting in which larger states receive more representatives than smaller states

97
Q

Implied powers

A

general powers suggested by the Constitution rather than specifically enumerated within it.

98
Q

Tyranny of the majority

A

The potential of a majority to monopolize power for its own gain and to the detriment of minority rights and interests (A fear expressed by Plato, Aristotle, Madison, Tocqueville, and Mill)

99
Q

Governance

A

Exercise of authority over performance of functions for a political unit.

100
Q

Monarchy

A

Power to rule is on one person. Is hereditary. Power shifts when person dies.

101
Q

Communism

A

State plans, controls, and runs economy (authoritarian regimes)

102
Q

Liberty

A

Political value that cherishes freedom from an arbitrary exercise of power that constricts individual choice.

103
Q

Tenets of Democracy

A
Self – government
Majoritarianism (Majority rule)
Liberty
Individualism
Egalitarianism => Equality
104
Q

Overall Articles

A
Legislative
Executive
Judicial
State
Amendment
Supremacy
Ratification
105
Q

Supremacy Clause

A

State vs. national government; federal government wins out. IN THE 6TH AMENDMENT

106
Q

Ex Post Facto Law

A

Government can’t pass a law then charge you if you committed the now a crime before they government passed the law.