Government and Society Flashcards
Background of ‘what role should Gov. play in society?’
- in many other ways, this is ‘the Debate’, or the single most important debate pervading all smaller debates about gov. policies
= ex; health care reform debate (big vs. small gov.) - And many other debates are founded in this larger debate such as:
=Gov. regulation of Marriage
=full body scans @ airports
=public education
=bans on txting while driving
=etc
essential question;
does a larger, more active gov offer more benefits to society than a smaller, more limited gov?
positives of big government
- ensures safety
- protects society’s well being
- employs many people
- can focus more on society and less on profit
- provides social ‘safety nets’
negatives of big government
-wasteful spending =high taxes -disrupts the free market -can limit freedoms or choices -gov. can't stop expanding -can make people rely on gov too much
Best case scenario (big)
gov provides essential services, limits poverty, ad creates a fair and equal society
worst case scenario (big)
gov gains complete control, limits freedoms and controls entire economy and society.. North Korea
positives of small government
-allows for maximum freedom and liberty
-promotes individual responsibility
-doesn’t interfere w/ free market
-little spending/ waste
=minimal taxes
Negatives of small governemtn
- no ‘safety net’ for people
- no limits on peoples bad decisions/ vices
- society at the mercy of the free market
- little or no regulation on business
best case scenario for small government
people can maximize their freedoms w/ little/ no government interference
worst case scenario for small government
society becomes incredibly unequal, unstable and results in ANARCHY
what is the main difference between large and small gov
big; public, #1 producer for us
small; privatized, only people who can pay get services
Reagan’s Opinion on Gov.
- wants to reverse the growth of government, which has grown beyond the consent of the governed
- do away with gov.
- ## gov needs to stand by us not over us
Obama’s Opinion on Gov.
- we all need to invest in the government, in order to get something out of it.
- no one can underinvest
- we are the government
where would they agree?
- agree that gov. needs to provide basic need
- everyone should be doing their part
where would they differ?
- reagan thought that we should try to not raise the deficit, Obama thought that if it was necessary it needed to be spent
the point that Zakaria made at the end
the danger of everyone worrying about their own angle, then who is the one that is looking out for the group?
where did judicial review originate
maurbary vs madison
state courts
-varies by state
-unified judicial system of PA
=terms of 6-10 years
-most court cases in the country are heard in these courts
federal courts
-supreme court =appointed for life -constitutional courts =appointed for life -special courts =created by congress to deal with a special area (ex: US Tax Court) =terms 8-15 years
Jurisdiction
what court should hear (try and decide) a case?
-original jurisdiction, appellare, concurrent, exclusive
original jurisdiction
court that 1st heard a case
appellate
appeals, court that is hearing an appeal from a lower court 1
concurrent
cases that van be heard in state or federal courts
exclusive
cases only in federal court
Criminal case
a law has been broken (gov. vs. citizen)
civil case
a dispute over other matters (citizen vs. citizen)
plaintiff
person who files a suit in civil case
prosecution
gov. in a criminal case
defendant
person whom the complaint is against
Us court system flow
-State district courts
State courts of appeal
State Supreme Court
Us Supreme Court
-us district court
Us courts of appeal
Us Supreme Court
Example of how you can go through either system
Example: I love boobies bracelets
Federal court overview
-Supreme Court(1 court)
-court of appeals(12 courts)
=takes appeal pressure off Sup.Ct
=usually a panel of 5 judges
-federal district courts(94 courts)
=based on state boundaries
=80% of cases heard here
=usually singe judge
*appeals flow up
Judicial review
- 1 of the 6 principles of the US Constitution
- it is the power of the courts to determine the constitutionality of a governmental action
- not written into constitution, created by Maurbury Vs. Madison
What was the impact of Marburg vs Madison?
- reaffirmed that the constitution is the supreme law of the land
- all government actions are inferior to the constitution and cannot conflict with it
- judges must uphold the constitution, so they must strike down any government actions that conflicts with the constitution
- showed judicial activism*
Supreme Court basics
-9 justices appointed for life
-in deadlock, the lower courts decision stands
-Chief Justice is selected by the courts
=Chief Justice: John Roberts
=courts history is recorded by Chief Justice (Roberts Court)
-original and appellate jurisdiction
-Rule of 4; only hears appealed cases if 4 of the 9 justices think they should
Supreme Court in action
- writ of Certiorari calls up the case
- briefs are submitted which give the background of the case and all precedent cases (200+ pages)
- oral arguments from lawyers
- justices conference- debate, decide, write their opinions
Supreme Court decisions
-could take months to get one
-winning side: 5 or more justices
=opinion of the court (aka Majority Opinion)
=concurring opinion support the majority
-Loosing side=4 or less justices
=Dissenting Opinion- why they don’t agree with the majority
Why do they give dissenting opinions
- it’s difficult to overturn 0-9 cases, in the future, another justice could cite your dissent, and overturn a future case in your favor.
- only way to overturn laws like abortion
How to bring a case to Supreme Court
Petition for the certiorari; is a request that the court hears your case
Samuel Alito
Most conservative justice on the court
66
Stephen Breyer
Nominated by bill Clinton
Is more liberal leaning (1/4)
78
Ruth Bader Ginsburg
Most liberal judge
83
Sandra day O’Connor
First woman on Supreme Court
Nominated by Reagan
First African American justice
Thurgood Marshall
Elena Kagan
Liberal, less than Ginsburg
4th woman
56
Anthony Kennedy
Appointed by ronald regean
In the middle
80
John Roberts
More conservative, in the middle
Ish
61
Sonia Sotomayor
More liberal than Kagan and Breyer
First of Hispanic heritage
62
Clarence Thomas
More conservative
Never talked on the court
68
