Final Test Flashcards
What is the definition of the Social Contract?
Men consent to be governed and give up certain basic rights in return for promise to protect, provide, services, make important decisions
According to Social contract, men consent to what?
Be governed
In regards to the Social Contract, what is prerogative?
To act where there is no law, vague law, or bad law
Which philosopher thinks the nature of man is bad and government is needed most to protect
us?
Thomas Hobbs
Which philosopher believes man is actually good but society and government corrupt mankind?
Jean Jaques Rousseau
Identify the four power theories of government.
Evolutionary Theory
Divine right
Force Theory
Social Contract Theory
Define republic, democracy, autocracy, and oligarchy.
R:Representative style
D: All eligible vote
A:Rule by one ex:Monarch, Tyrant
O:Ruled by few, small group
What type of government is the US?
Democratic Republic
What was the official government between the time of the Revolutionary War and before the
passage of the Constitution?
Articles of Confederation
What event showed the government was failing and a change was needed?
Shay’s Rebellion
Which future president wrote the Constitution?
James Madison
In what city did the Constitutional convention take place?
Philadelphia
How many parts are in the Constitution?
3
Why is the Preamble important?
States reason for Constitution and declares gov comes from the people
How many amendments are in the Constitution?
27
What is the Bill of Rights?
First 10 amendments, declares our rights as citizens
Who makes up the Executive Branch?
The Pres, VP and Cabinet
What is the job of the Executive Branch?
Execute/ Enforce Laws
What are the qualifications to become President?
At least 35, natural born citizen, 14 uninterrupted years residence in US, no High Crimes
Who is the current President and Vice President?
Barrack Obama and Joe Biden
How long does a president serve?
4 years
Identify the three actions a president can take on a bill.
Sign into law, veto, pocket veto
How many cabinet departments are there?
15
What are the heads of the cabinet departments called?
Secretaries
What are the two major political parties today?
Republican and Democrat
Who makes up the Legislative Branch of government?
Congress
What is the job of the Legislative Branch?
Make laws
How many representatives are there?
435
Who is the leader of the House of Representatives?
Speaker of House - Paul Ryan
What are the qualifications to become a representative?
25 years old, citizen for the past seven years, be an inhabitant of the state they represent.
How many years does a representative serve?
2 years
Who are the four representatives from Utah?
Rob Bishop
Chris Stewart
Mia Love
Jason Chaffetz
How many senators are there?
100
. How long does a senator serve?
6 years
Who is the leader of the Senate?
VP
Who is the leader of the Senate if #34 is not present?
President Pro tempore - Orrin Hatch
What type of offices are majority and minority leader, as well as the whips?
Party leadership?
What building does Congress meet in?
The Capitol Building
How many justices are on the Supreme Court?
9
How long does a justice serve?
Until they retire, die, or are impeached
Who is the leader of the Supreme Court?
The Chief Justice - John Glover Roberts Jr.
How did the Constitutional Convention solve the economic issue of slavery?
slaves could be “imported” for twenty years after the Constitution was ratified
How did the Constitutional Convention solve the representational issue of slavery?
3/5
What is the difference between expressed and implied powers?
Expressed is stated, implied isn’t
What are concurrent powers?
powers shared by state and federal gov
Identify why the Supremacy Clause puts federal authority over state authority.
All National authority comes from Constitution, National authority is above state authority.
What is the elastic clause?
Necessary and Proper
Where is the elastic clause in the Constitution?
Article 1 Section 8 Clause 17
What is the difference between categorical grants and block grants?
Categorical: Money with specific conditions to in order to receive it, spend it, and continue to receive it.
Block: Money with broad conditions to receive it, spend, and continue to receive it.
What are unfunded mandates?
statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements.
Identify the four ways a party can nominate a candidate
Caucus
Nominating Convention
Petition
Primary election
What is the most used way to nominate a candidate today?
Primary Election
When is voting day?
The Tuesday after the first Monday in November
What national offices do we vote for?
Pres
VP
Senators and Representatives
List the five requirements to vote in Utah.
18 Citizen of US Live in UT for 30 days before election Proof of residency Register by mail, in person, online
Describe how the Electoral College works:
a. How many electoral votes are there?
b. How are votes determined for states?
c. What is the minimum number of votes to win?
a. 538
b. # of senators and reps
C. 270
Describe the establishment clause.
The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion.
Which can Congress regulate: belief or practice of religious activities?
Practice of religious activities
What is the difference between pure and symbolic speech?
pure speech is the idea of the words you are speaking and symbolic is the nonverbal gestures you make while you are speaking
What two amendments contain the “due process” clause?
5th and 14th
What is the rule of law?
states the law applies to everyone equally, nobody exempt
What is the difference between a statute and ordinance?
Statute: Federal Law
Ordinance: County and Municipal law.
In America, a person is innocent until…
Proven guilty
What are the three parts of a contract?
- Offer
- Acceptance
- Consideration
What are the two categories of torts?
intentional torts; negligence;
What was the argument in Baker v Carr?
Court can hear cases about redistricting
What is a quicker alternative to the process of litigation?
mediation
Identify the three classes of crime.
infraction, misdemeanor, felony
Identify the three classes of laws
Constitutional, civil, and Criminal
Identify the four pleas a defendant can give in court.
Guilty, Not guilty, No contest, Not guilty by reason of insanity
What happens in the event of a hung jury?
Mistrial, the case may be heard later with new Jury
What case did Brown v Board of Education overturn?
Plessy V Ferguson
What was the precedent to Brown v Board of Education? #70?
Segregation was ok
What did the Court uphold in Dredd Scott?
Slaves are property not citizens
According to Gibbons v Ogden, who can regulate interstate commerce?
Congress
What is the decision of Gideon v Wainwright?
Right to Attorney if sentence> 6 months
6th ammendment
What is the one restriction/condition to the decision in Gideon?
sentence> 6 months
What power did the Court give itself in Marbury v Madison?
Court has final say on what the Constitution means and whether something violates it.
What branch got more power from the case of McCulloch v Maryland?
The legislative branch
What are the three stipulations the Court set forth an accused person in police custody must be
told?
- Right to remain silent 2. Right to attorney 3. Anything said can be used in court
Does the Constitution guarantee you a right to privacy?
No
From the Slaughterhouse cases, can a state impair the general rights of a citizen?
No
What are presidents likely to consider when nominating a Supreme Court justice?
Political Views
How many appeals courts are there?
94; 13?
Who writes the Court’s opinion?
Highest ranking Judge of popular vote, or who the Chief justice appoints
What is a dissenting opinion?
Opinion written by judge against Pop vote of Justices
What is the federal bureaucracy?
Structure of employees that implements the country’s rules and regulations.
What are the three parts of the federal bureaucracy?
Departments
Independent Agencies
Government Corporations
How did the Pendleton Act affect the bureaucracy?
Requires qualifications and exams for jobs