Final Exam 2306 Flashcards
what is the 2nd amendment?
individual right to bear arms
what is the alternative interpretation of the 2nd amendment?
the 2nd amendment exists so state militia can bear arms to keep a potentially oppressive federal government in check
which amendment is this all the rights not listed in the Constitution belong to the people, not the government?
9th amendment
what is the 1st amendment?
Freedom of speech
Freedom of religion
Freedom of press
what types of speech are protected?
symbolic speech
what is an example of symbolic speech?
1.high school students wearing armbands to protest Vietnam war
2. flying a communist flag
3.burning the American flag
what is speech that is not protected?
- commercial speech
- Defamatory Speech
- speech that harms public safety/ order
- speech that threatens national security
- speech that interferes with the right to a fair trial
where do most state powers come from?
10th amendment
what does the 10th amendment state?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
what is the 14th Amendment?
requires states to give all citizens due process rights and guarantees equal protection of the law.
what amendment implies rights and liberties in the Constitution?
9th amendment
what is the 16th Amendment?
allows the federal (United States) government to levy (collect) an income tax from all Americans.
what is the 27th Amendment?
Any changes in Congressional salaries will take place after the next term starts.
what is the intent of the 27 Amendment?
members of congress cannot keeping giving themselves pay raises so they have to wait till next session
what was the ruling in the court case U.S. v banks
the Court held that officers must wait a reasonable amount of time after knocking and before forcible entry,
what happened in the case South Dakota v. Dole?
The federal government threatened to withhold 5% of the south dakota federal highway if they did not set the minimum legal drinking age to 21
Federal states won vs South Dakota
what was the decision of the U.S. Supreme Court in the case of Bush v.Gore (2000)?
Supreme Court decided that there is not enough time for recounts so by technicality Bush wins. By popular vote al gore was winning but when electoral votes came in Bush won.
what were the results of the electoral vote for 2000 George W. Bush?
Electoral votes:271
Who had the 2000 presidential election based on the popular vote?
AL Gore
what were the results of the electoral vote for 2000 AL Gore?
Electoral Vote:266 votes
The white primary survived until 1944 and what case ended the white primary?
smith v. Allwright
what happened in the case U.S. v Lopez court case?
*Alfonzo Lopez was caught on school grounds with a gun
*state charges were dropped and federal charges were brought under the gun-free school zone act of 1990
what was the argument the federal government made in the case of U.S. v Lopez?
If one kid brings a gun other students will find out and some of the kids will be traumatized and it will affect their grades(decline)
what happened in the court case colorado department vs. Baca (2020)?
held that the states can punish electors that do not cast their vote for the states popular vote winner
what is interstate commerce
is the buying or selling of goods or services between people of two or more states
what is intrastate Commerce?
is the buying or selling of goods or services between people within a single state
what is direct democracy?
*the people of a given community get together in downhill-type meeting they discuss issues
*Propose solutions, vote solutions
direct say on what becomes a law/policy
what is republic?
we elect of officials to make decisions for us
who do libertarians believe in?
the state should do little more than protect people from violence, theft or fraud
what is the second most important word in the establishment clause and what it means?
“An”
it was believed that the government could endorse multiple religions but could not ONLY endorse 1 religion group
Is kneeling down during the national anthem a 1st amendment issue, explain.
no, kneeling down during the national anthem is not a 1st amendment free speech issue.
which party holds its party convention first?
The party that is not in the office
Ex: in 2022 republican will hold their party convention first since Democrats are office holders currently
what is a closed primary mean?
only parties voters can vote (closed for outsiders)
what is an open primary election?
open to all parties, can vote for any party without declaring a certain party
what is a blanket primary election?
*no longer exist because it was ruled unconstitutional
Put different parties on the same ballot and people vote on which one they want office by office and can switch parties between different offices.
what is a jungle/cajun primary election?
Lousiana Uses it
for a particular office in the ballot they list every single candidate; if one candidate gets a majority of the votes…they become the office holder (no general election later)
if no majority, leads to a runoff (like Mayor Turner did)
usually take place in the fall; Nov or Dec
what is a run-off election?
when two people tie off in the majority vote of the primary and closed election candidates have a run-off between the two
is texas an open or closed primary election?
open
what is the runoff primary in Texas?
closed primaries
what were the results of the electoral vote for 2016 Hilary Clinton?
Electoral: 232 ( 227 with faithless electors)
what were the results of the electoral vote for 2016 Donald Trump?
Electoral: 306 (304 due to faithless electors)
Who had the 2016 presidential election based on the popular vote?
Hiliary
what were the results of the electoral vote for 2020 Biden?
306 electoral votes
what were the results of the electoral vote for 2020 Trump?
232 Electoral votes
what categories did the democratic party win against Republicans according to the 2020 exit poll?
Females
African Americans
African American women
Hispanics
Asians
18-29 year old
30-44 years old
College graduates
Total family income under $100k
Catholics
First-year voters
lives in the city and suburbs
government COVID control was bad
Democrats
Independents
what categories did the Republican party win against the Democrats according to the 2020 exit poll?
males
whites
45-64. year old
65+
no college degree
protestants
total family income 100K and up
white men
republican
Which democrats received faithless electors’ votes in the 2016 presidential election?
Faith Spotted Eagle received faithless electors’ vote from Washington state
Bernie Sanders received a vote from a faithless elector in Hawaii
Which Republican received faithless electors’ votes in the 2016 presidential election?
Kasich and Ron Paul received votes from faithless electors in Texas
Based on the 2010 Census, Texas had 38 electoral votes. However the 2020 census, Texas now currently has how many electoral votes?
40 electoral votes
what were the key states in the 2016 and 2020 presidential elections?
Michigan
Wisconsin
Pennsylvania
Arizona
Georgia
what is a caucus?
-more difficult access
-voters tend to be more informed
-the vote is often not a secret
-more participation
-long voting hours
what is a primary?
-easier access
-voters tend not to be informed
-the vote is secret
-allow an early/absentee vote
what is the total number of Electoral College votes in the United States?
538 Total Electoral College votes
what is the minimum number of electoral votes needed for a presidential candidate to win the election?
270 electoral votes
what are the 3 basic reform ideas for the electoral college?
- abolish the electoral college and elect the president based on the popular vote
2.congressional district plan(used by Maine and Nebraska) (out of the 3 most likely)
3.keep the college and abolish the electors
4th idea proposed to blend the popular vote nationwide into the electoral college
Not really likely any of these will happen
what happens to the total number of electoral votes if a 51st state is added?
540
so +2 to the total
who was a faithless elector?
Barbra Lett-Simmons
She did not cast her DC electoral vote in the 2000 election
who were the delegates of the 1876 constitution?
*76 were conservative Democrats
*72 were immigrants from other southern states
*33 were lawyers
*30 had served in state legislatures
*28 were farmers
*5 were African American
*4 were native Texans
what were the criticisms of the 1876 election?
*the length
*The detail
*The number of amendments
*plural executive
*the part-time citizen legislature
*the confusing of the judiciary (2 supreme courts)
*the restrictions on local government
during the first party era, what was Texas?
1870-1930’s
Texas was a one-party democratic state( conservative democrats)
who was in control during the first party era (1870-1930s)?
the democratic party in Texas was under the control of a conservative upper-income white elite of large landowners and industrialists
The democratic party in Texas was under the control of a conservative upper-income white elite of large landowners and industrialists who believed in what?
*low taxes
*limited public speaking
*regulations designed to favor agricultural and business interests
what happened during the second-party era (1940-1952)?
the liberal wing of the democratic achieved some political success
why?
because the great depression caused many Texans to question the wisdom of states’ conservative public polices
what happens during the 3rd party era (1953-1977)
*liberal wing of the texas democratic party becomes dominate
why?
because of legal barriers that prevented black, Hispanic, and poor white voters were coming to an end
some conservative voters defect to the republican party
what happened during the fourth part era (1978-1993)?
republicans began to actually win a few top-of ballot race in Texas
during the 4th party era, why was there a rise of the republican party in Texas?
- conservative white democrats became disenchanted with what they saw as an increasingly liberal national democratic party.
- The immigration of white-collar workers from outside the south
what happens during the 5th party era?
both democrats and Republicans are now capable of winning elections in Texas
who does better in the top-of-the-ballot races during the 5th party era?
republicans
how many Texas constitutions are there according to Abbott?
6
what are the 6 Texas constitutions?
1.1836 constitution
2.1845 constitution
3.1861 constitution
4.1866 constitution
5.1869 constitution
6.1876 consitution
what are the dates of local elections in Texas?
*the 3rd Saturday in January
*the 3rd Saturday in May
*the 2nd Saturday in August
*the 1st Tuesday after the 1st Monday in November
what are instruments of disenfranchisement?
*The poll tax
*The grandfather clause
*the white-only primary
*political bosses(primarily against Hispanics)
*other southern states(not Texas) also used literacy tests
Who tends to vote for Republicans in Texas?
*middle-income and upper-income whites living in suburbs
*conservatives
*younger men (18-35 in age)
*business people
*people living in the hill country
*people who attend church/ their place place of worship regularly (except AA)
who tends to vote Democrats in Texas?
*people living in inner-cities
*minorities
*low-income voters of all races
*liberal & Moderates
*people who live in South Texas and in Austin
*native Texans
*elderly
*younger women(18-36) who work outside the home
*members of labor unions
*jews
what are some examples of at-large elections?
*U.S senate
*Governor and Lt.Governor
*Texas Railroad commission
*Texas supreme court
*Texas court of criminal appeals
*some members of Houston city council
What is argued about at-large elections?
It hurt the political influence of miniorites
what are some examples of district elections in Texas?
*U.S House
*Texas Senate
*Texas House
*Some city councils across the state
what is argued about district elections?
give minorities more political influence than at-large elections
what current examples of disenfranchisement?
*voter id laws
*political gerrymandering
*purges of voter registration rolls
*cuts to early voting
*limiting the number of voting places and voting machines in minority areas
who does well at the top-of-the ballot in Texas?
republican party
what is an at-large election?
an election in which voters elect officials from the entire geographical area, rather than from a smaller district within the area
what is a district election?
elections to elect members of a governing body to represent a subset of a given area. Ex.) the U.S. House.
what is the U.S. Chamber of Commerce?
Is not a part of the government
It is a membership organization of business and is the nation’s largest lobbying group for corporations
the U.S. Chamber of Commerce is the largest lobbying group in the country that represents millions of businesses and organizations and has no affiliation with the U.S. Government.
what is an Astro-turf group?
they look like they were grassroots groups but they really had no people(citizens) in them instead they were really run through the PR firm.
a lobbying/interest group that creates the appearance of being led by ordinary citizens when its membership actually consists of businesses and professional lobbyists
Similar to citizens against lawsuit abuse
what is an arbitrator?
A third party to a negotiation has the authority to dictate an agreement; in the case of arbitration clauses, this person is paid by the company and sides with them 90-99% of the time.
Stella Liebeck v. McDonald’s
Stella Liebeck sues McDonald’s because of severe burns she suffered from hot coffee.
Jury awarded her $2.7 million but the judge reduced it to $480,000.
She and McDonald’s settled out of court for an undisclosed amount. Was heavily cited in tort reform campaigns.
what is the cap statue?
limits the amount of money that can be awarded as a result of a civil suit; takes away the power of the juries.
What is most associated with the Jamie Jones case?
mandatory arbitration;
Jones was raped by Halliburton employees while she was employed there and was unable to take her case to court immediately because of a mandatory arbitration clause she signed without her knowledge
What is most associated with the Colin Gourley case?
cap statutes;
Gourley was the victim of medical malpractice and his parents sued for the $6 million needed for his lifelong care; the jury awarded them $5.6 million but because of the cap statues, it was automatically reduced to $1.25 million, which became a few hundred after legal fees.
what is tort reform?
proposed changes in the civil justice system that aim to reduce the ability of victims to bring tort litigation or to reduce damages they can receive
what is American Tort Reform Association?
a group of businesses and lobbyists that formed the Citizens Against Lawsuit Abuse group and campaign for tort reform
what are damages exceeding simple compensation and awarded to punish the defendant; the purpose is to change the behavior of the wrongdoer?
Punitive Damages
What is the clause in a contract that requires the parties to resolve their disputes through an arbitration process?
Arbitration clause
The family of Stella Liebeck explains that there are many people with a “distorted view” of this case. Identify at least one major misconception the public has had about what they think they know about the “hot coffee” lawsuit with Stella Liebeck vs. McDonald’s.
she was driving, she dumped it on herself, she won millions from spilling her coffee
The Stella Liebeck vs McDonald’s trial revealed that McDonald’s had over ______ previous complaints about burns from hot beverages.
700
In what percentages did the jury assign blame in the hot coffee lawsuit against McDonalds?
Liebeck: 20%
McDonald’s: 80%
Briefly explain some of the lawsuits mentioned which were distorted when reported/spoken about by the media. (During McDonald’s Hot Coffee)
A man using a public telephone booth was hit by a drunk driver, sued the telephone company because he couldn’t get out of the telephone booth due to damage the booth had, had from previously being hit and not being repaired.
The man was seriously sick and lost his leg.
After a three-week trial, the jury found that Dr. Knolla’s negligence caused Colin’s brain injury and awarded the Gourleys ______ in damages.
$5.6 million
The jury did not know that the law in Nebraska capped all damages. The verdict was reduced to ______.
$1.25 million
What is the difference between economic and non-economic damages?
Economic: out-of-pocket costs, medical costs, living expenses
Non-economic: the pain and suffering that is not measured by money
what are the 3 types of damages?
1.penative
2.non-economic
3.economic
True or False?
Getting completely rid of the electoral college altogether as far as the passage of federal law will result in Republicans benefit from it and Democrats would control the majority of the House and Senate.
False
(no passing of federal law)
True or false?
Initiative and referenda should be used often and frequently
False
should be used with moderation
in order to get rid of the electoral college you have to do what?
amend the constitution
True or False?
The nationwide voter turnout in the 2020 elections for president was the highest it’s been since 1984, however, 75% of the voter turnout was down due to battleground states.
False
True or False?
The nationwide voter turnout in the 2020 elections for president was the highest it’s been since 1984, however, 75% of the voter turnout was down due to battleground states.
False
True or false?
People who listen to the 1960 Kennedy and Nixon debate on the radio believed that Kennedy had won the debate.
False
What are the most influential national newspapers in this country?
*New York Times
*Washington post
*Chicago tribune
*Los angels Times
*wall street journal
*USA Today
*Christan Science Monitor
why was the electoral college created?
it provides the elite with an opportunity to override the will of unreasonable masses “when they vote for someone who is not qualified to be president
how many electoral votes do each state at least have?
3
how is Texas Consitution amended?
Amendments are proposed by 2/3 vote in both houses of the legislature
(100 votes in the Texas House)
(21 votes in the Texas Senate)
In the 2004 elections in Texas Republicans occupied:
*21 of the 32 seats in the U.S. House of Representative
*every seat on the Texas railroad commission
*every seat on the Texas supreme court and The Texas Court of criminal appeals
- the majority of the seats in the Texas House of Representatives and the Texas Senate
*both other states’ U.S senate seats
*All 6 state executive offices
how many amendments are in the Texas Constitution?
700 total proposed
517 approved by electorate
180 not passed
how many amendments are in the U.S. Constitution?
27 amendments
Did the current Texas constitution create full-time or part-time citizen legislature?
part-time legislature
The first televised presidential debate was what?
1960 Kennedy-Nixon Debate
People who listened to the Kennedy and Nixon debate on the radio believed what?
*gave better answers
*sounded more presidential
*Nixon had won the debate
People that watched the Nixon-Kennedy debate on TV believed?
*Kennedy won the debate
*appeared much younger(more handsome & cleanly shaven)
*Nixon was visibly sweating made him look nervous
*Nixon in pain after hitting foot on door
people that listened to the Kennedy-Nixon debate on the radio based their beliefs on?
The content that was said during the debate
people that listened to the Kennedy-Nixon debate on the TV based their beliefs on?
the facial expressions and who looked the part
