Government and Society Flashcards

1
Q

Background of ‘what role should Gov. play in society?’

A
  • 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
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2
Q

essential question;

A

does a larger, more active gov offer more benefits to society than a smaller, more limited gov?

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3
Q

positives of big government

A
  • ensures safety
  • protects society’s well being
  • employs many people
  • can focus more on society and less on profit
  • provides social ‘safety nets’
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4
Q

negatives of big government

A
-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
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5
Q

Best case scenario (big)

A

gov provides essential services, limits poverty, ad creates a fair and equal society

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6
Q

worst case scenario (big)

A

gov gains complete control, limits freedoms and controls entire economy and society.. North Korea

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7
Q

positives of small government

A

-allows for maximum freedom and liberty
-promotes individual responsibility
-doesn’t interfere w/ free market
-little spending/ waste
=minimal taxes

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8
Q

Negatives of small governemtn

A
  • 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
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9
Q

best case scenario for small government

A

people can maximize their freedoms w/ little/ no government interference

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10
Q

worst case scenario for small government

A

society becomes incredibly unequal, unstable and results in ANARCHY

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11
Q

what is the main difference between large and small gov

A

big; public, #1 producer for us

small; privatized, only people who can pay get services

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12
Q

Reagan’s Opinion on Gov.

A
  • 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
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13
Q

Obama’s Opinion on Gov.

A
  • we all need to invest in the government, in order to get something out of it.
  • no one can underinvest
  • we are the government
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14
Q

where would they agree?

A
  • agree that gov. needs to provide basic need

- everyone should be doing their part

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15
Q

where would they differ?

A
  • reagan thought that we should try to not raise the deficit, Obama thought that if it was necessary it needed to be spent
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16
Q

the point that Zakaria made at the end

A

the danger of everyone worrying about their own angle, then who is the one that is looking out for the group?

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17
Q

where did judicial review originate

A

maurbary vs madison

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18
Q

state courts

A

-varies by state
-unified judicial system of PA
=terms of 6-10 years
-most court cases in the country are heard in these courts

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19
Q

federal courts

A
-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
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20
Q

Jurisdiction

A

what court should hear (try and decide) a case?

-original jurisdiction, appellare, concurrent, exclusive

21
Q

original jurisdiction

A

court that 1st heard a case

22
Q

appellate

A

appeals, court that is hearing an appeal from a lower court 1

23
Q

concurrent

A

cases that van be heard in state or federal courts

24
Q

exclusive

A

cases only in federal court

25
Criminal case
a law has been broken (gov. vs. citizen)
26
civil case
a dispute over other matters (citizen vs. citizen)
27
plaintiff
person who files a suit in civil case
28
prosecution
gov. in a criminal case
29
defendant
person whom the complaint is against
30
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
31
Example of how you can go through either system
Example: I love boobies bracelets
32
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
33
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
34
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*
35
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
36
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
37
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
38
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
39
How to bring a case to Supreme Court
Petition for the certiorari; is a request that the court hears your case
40
Samuel Alito
Most conservative justice on the court | 66
41
Stephen Breyer
Nominated by bill Clinton Is more liberal leaning (1/4) 78
42
Ruth Bader Ginsburg
Most liberal judge | 83
43
Sandra day O'Connor
First woman on Supreme Court | Nominated by Reagan
44
First African American justice
Thurgood Marshall
45
Elena Kagan
Liberal, less than Ginsburg 4th woman 56
46
Anthony Kennedy
Appointed by ronald regean In the middle 80
47
John Roberts
More conservative, in the middle Ish 61
48
Sonia Sotomayor
More liberal than Kagan and Breyer First of Hispanic heritage 62
49
Clarence Thomas
More conservative Never talked on the court 68