Exam One Flashcards
What is the oldest purpose and new purpose of government
Maintaining order, establishing a rule of law to protect life and to protect property….. The social order: what is acceptable behavior, subject to change, however, all government resists change when it comes to change; inherently conservative
Public goods…. Parks, schooling, emergency services, farming subsidies, veteran benefits
Promoting equality(controversial, disagreements on the basis of principle)…. redistribution of income, taxes 3.07%, affirmative action, equal pay act, voting, ADA
Four freedoms
Freedom of speech
Freedom of worship
Freedom from fear
Freedom from want
What is the difference between equality of opportunity and equality of outcome
Equality of opportunity: The ideas that each person is guaranteed the same chance is succeed in life
Equality of outcome: the concept that society must ensure that people are equal, and governments must design policies to redistribute wealth and status so that economic and social equality is actually achieved
Thomas Hobbes
Contemporary political theory 1600’s
Social contrast theorist, a contract between the people and the government
“Leviathan” portrayed what life would be like without government; life in the state of nature, solution would be to give all power to one single leader who would protect them from each other and from outsiders and provide rules
Written to justify the restoration of the English monarchy
John Locke
English philosopher and one of the biggest critics of Hobbes
“Two treaties on government” wrote that Hobbes’ solution went too far, taking away human rights defeated the purpose of having a government, people want the presveration of their property and that individuals possess natural rights that should not be taken away from the government
Rights to life, liberty and property
Believed that government should not rule by consent of the people, people should have a say in their government, say in making rules, appointing authorities, etc
A government that violates its responsibilities under this contract in essence has declared war on the people and people have a right to revolt and replace the government
What is a republic
A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch
We have a republic
What is a plurality
Electrical process in which the candidate who polls more votes than other candidate is elected
Question on the articles on confederation… who had the power
The states
Virginia plan
Virginia delegate James Madison’s plan of government, in which states got a number of representatives in congress based on their population
New Jersey plan
Opposite of the Virginia plan, it proposed a single-chamber congress in which each state had one vote. This created a conflict wit representation between bigger states, who wanted control befitting their population, and smaller states, who didn’t want to be bullied by larger states
Great compromise
Compromise made by constitutional convention in which states would have equal representation in one house of the legislature and representation based on population in the other house
3/5 compromise
Compromise in which one slaved was determined to equal 3/5 of a person when considering the population of a state
How does the electoral college work
A states electoral number is determined by the house members that each state has in addition to their senators as well
Every states at least gets one vote and the population determines the rest
435 house seats, 100 in senate, DC is also given the number of electors equivalent to the smallest states, 538 total
Need a majority in the electoral college, 270 to win
If no one receives a majority than the election goes to the house, the top three are picked from but every state only gets one vote
Supremacy clause, article 6
The constitution and the laws of the United States and treaties, shall be the supreme law of the land
National trumps state
Process for amending the constitution
Stage one: amendment proposal
2/3 vote in both houses of Congress
A constitutional convention called at the request of 2/3 of the 50 states
Stage two: amendment ratification
3/4 of state legislatures
3/4 of special constitutional conventions called by the fifty states
Separation of powers
Executive branch- carry out the laws- president
Legislative branch- makes the laws
Judicial branch- interpreting the laws
Checks and balances
Limited government, so the government could not dominate or overpower, checks and balances
Vetoes, judicial review(finding a law unconstitutional), legislation passing through both houses, pardons
Elastic clause
Congress has the ability to expand its power, served as the basis for implied powers
“To take care that the laws be faithfully executed” article 2
Take care clause
Requirement that presidents take care that the laws are faithfully executed. Even if they disagree with them
Article 3, what did it do
Judicial power
Supreme courts, judges are lifetime appointees
Cannot alter their salary for their decisions
Who ratified the constitution
9 out of 13 to ratify the constitution
What is the full faith and credit clause
Article 4
Full faith and credit clause was given to each state of the public acts, records, and judicial proceedings, congress may prescribe the manner they shall be proved
Ex. License to drive in other states, marriage licenses
Federalism definition
Power is constitutionally divided the national and sub national groups, citizen of the United States but also citizens of the state you are in
What is a unitary system
The national government creates the ub national governments, not the constitution, individuals only citizens of the national government, townships, cities, broughs
McCulloch vs Maryland 1819
National bank created competed with state- chartered banks
McCulloch refuses to pay a tax on the non-state-chartered banks
Gibbons vs Ogden
Only congress possesses the authority to regulate interstate commerce
What is the states rights, dual, and cooperative
Dual:
Constitution is an agreement among the states
States’ rights, state power, any power not specifically given to the national government is reversed for the states
Wall of separation between national powers and state powers
Layer cake federalism
Cooperative federalist
Emphasizes that we are citizens of national and state governments and can act in either capacity
Widespread cooperation between national, state, and local governments
Not separate
Marbled cake
Argument: the framers themselves did want to distinguish between governments
Can destroy the subnational government
How would you describe the rulings of the Marshall court
Vested rights in contract clauses: expanded courts jurisdiction: judicial nationalism, blocking state regulations that limited property rights: freeing a median commerce from restraints
What did the new deal result in
Positive:
Million employed in new government programs
Social insurance programs aid elderly and poor
Government takes more active role in the economy
Negative:
Stock market crash
Failure of banks
Homelessness and Hoovervilles
Civil liberties, Barron vs. Baltimore
The issue of extending the bill of rights to apply to state governments
The state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech
COME BACK FOR COURT CASE
Establishment clause
The clause in the first amendment of the US constitution that prohibits the establishment of religion by congress
Free exercise clause
Free exercise of religion
Lemon vs. Kurtzman
The lemon test:
If it has secular purpose
If it’s effect is neither to advance nor inhibit religion
If it does not create “excessive entanglement”
Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government
Miller vs. California
Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive and lacking in value
Near vs. Minnesota
Held that the 1st amendment protects newspapers from prior restraint
Schenck vs. US
Oliver Wendell Holmes; clear and present danger test; shouting fire in a crowded theatre; limits on speech, esp, in wartime
Sedition speech, alien and sedition act
Seditious speech:
Speech threatening the government
Connected to clear and present danger
Alien act:
Said that a person arriving in the United States has to wait 14 years to become a citizen
Sedition act:
Made it a crime for anyone to write or print articles criticizing the government
Smith act
This act made it illegal to advocate or teach the overthrow of the government by force or to belong to an organization with this objective
Brandenburg vs. Ohio
Court set up a two rule system for determining when the states can overrule free speech
1) if the speech is directed toward producing imminent violent action
2) it is likely to incite or produce such action
New York Times vs. Sullivan
Held that statements about public figures are libelous only if made with malice and reckless disregard for the truth
Mapp vs. Ohio
Established exclusionary rule; illegally obtained evidence cannot be used in court; warren courts judicial activism in criminal rights
Miranda vs. Arizona
Established Miranda warnings of counsel and silence. Must be given before questioning. Warden courts judicial activism in criminal rights
Gideon vs. wainwright
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren courts judicial activism in criminal rights
Furman vs. Georgia
State death penalties(as then applied) are arbitrary and violate equal protection of 14 amendment
Grisworld vs. Connecticut
Established right of privacy through 4th and 9th amendments. Set a precedent for roe v. Wade
Roe vs. wade
Established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in griswald vs. Connecticut
Lawrence vs. Texas
Using profit of privacy, struck down Texas law banning sodomy
Civil liberties
The issue of extending the bill of rights to apply to state governments
Dred scott
1857 Supreme Court decision that states that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri compromise unconstitutional
Plessy vs. ferguson
Established separate by equal. Have Supreme Court approval to Jim Crow laws
Civil rights act 1964
This act outlawed segregation in public areas and granted the federal government power to fight black disfranchisement. The act also created the equal employment opportunity commission to prevent discrimination in the work place
Impediments to voting
Voting rights act of 1965
Voting is one of the most sacred means of political participation
Grandfather clause
A clause exempting certain classes of people or things from requirements of a piece of legislation affecting their previous rights, privileges, or practices
Poll tax
A tax levied on every adult, without reference to income or resources
Literacy test
Is a test that determines the qualification of a voter based on his/her his ability to read and write or ability to read and understand any section of the state or federal constitution
White primary
Primary elections held in the southern states of the United States in which only white voters were permitted to participate
California vs. Bakke( affirmative action)
Imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority. A closely divided court ruled that while race was legitimate factor in school admissions, the use of rigid quotas was not permissible
