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Government 2305 > GOVT Test #1 > Flashcards

GOVT Test #1 Flashcards

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1
Q

Politics

A

conflicts & struggles over leadership, structure, and policies OF governments

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2
Q

Government

A

formal institution through which territory & people are ruled

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3
Q

Federalist #1

A

-can we establish good government by choice
-True vs. partial/private interests
-problem: those who resist chage

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4
Q

Aristotle on Democracy

A

5 Types of Democracy: split up into who can run for office
*first 4: law is supreme
1. No class divisions (rich=poor)
2. Assessment of wealth
3. Anyone born naturally
4. Any citizens
5. Multitude: fall of democracy.. *people> law

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5
Q

What would cause the decline of democracy according to Aristotle?

A

A demagogue! (Popular leader) Leads the people according to personal interests, puts people’s opinions above the law… makes decrees

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6
Q

Liberal Democracy

A

America, idea gov’t servers purpose of protecting ind’v rights

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7
Q

Liberalism

A

refers to purpose of gov’t is to protect ind’v rights

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8
Q

What do Hobbes and Locke agree on?

A

Gov’t should maintain:
1. safety/self preservation
2. natural rights

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9
Q

What does Locke suggest following Hobbes’ proposition?

A

Humans are more peaceful than Hobbes thinks

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10
Q

What two additions does Locke make to Hobbes gov’t set up?

A
  1. We need separate branches of gov’t (check and balances)
  2. There is a right of revolution against an unjust gov’t
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11
Q

What are the 3 main points of the Declaration of Independence?

A
  1. Entitlement of Separation
  2. Natural rights > gov’t
  3. Gov’t serves the PEOPLE… GB not doing that
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12
Q

Entitlement of Separation

A

Portion of the Declaration of Independence, said the colonies were ENTITLED to SEPARATE because of idea of Natural Law (comes from Hobbes n Locke)

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13
Q

What are the natural rights?

A

life, liberty, property

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14
Q

What is the separation of powers? List them in order

A
  1. Legislative (Congress): makes laws
  2. Executive (President): enforces laws
  3. Judicial (Supreme Court): judges laws
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15
Q

Continental Congress

A

series of meeting that led to writing of Declaration of Independence
1. arm themselves, plot to boycott British goods
2. goal becomes independence from GB

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16
Q

Who was the main author of the Declaration of Independence?

A

Thomas Jefferson

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17
Q

What were the main problems with the Articles of Confederation?

A
  1. No president (weak central gov’t)
  2. Congress couldn’t tax or enforce laws
  3. States were COMPLETELY separate
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18
Q

New Jersey Plan

A

favored small states, based on 1 vote per state

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19
Q

Virginia Plan

A

favored big states, based on population

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20
Q

What was the Connecticut Compromise?

A

compromised VA and NJ plans, created House (∝ pop.) and Senate( = rep of each state)

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21
Q

Who wrote the US Constitution?

A

James Madison

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22
Q

What are the two parts of Congress?

A

House(∝ pop., reelection every 2 yrs) & Senate ( = rep of each state, reelection every 6 yrs),

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23
Q

What are some of Congress’ key powers?

A
  1. taxes
  2. declare war
  3. regulate commerce
  4. AND MORE!!! has “Enumerated Powers” = listed powers
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24
Q

What are the listed powers of Congress called?

A

Enumerated powers

25
Q

How is the president’s power limited in the Constitution?

A

-Supremacy Clause (Constitution is supreme)
-Amendments (are extremely hard to pass, need 75% agree)
-Bill of Rights (protect the people)

26
Q

What are the first 5 Bill of Rights (Amendments)?

A
  1. Freedom of1.Freedom of Religion/Press/Speech/Assemble
    2.Right to bear arms
    3.no soldier quartered in homes
    4.no unreasonable search and seizure
    5.right to grand jury (decides if enough evidence available to go to court)
27
Q

List Amendments 6-9 (Bill of Rights)

A

6.right to speedy trial
7.right to trial by jury
8.NO cruel and unusual punishment
9.reserved powers

28
Q

What are the reserved powers?

A

9th Amendment, declares if power not listed in the Constitution, it’s up to the states to individually determine… “reserved to the states”

29
Q

Federalist Paper #10

A

Faction problem:
- same passions = same opinion but LIBERTY means constantly different opinions and we can’t take away liberty
-Solution: need representative gov’t

30
Q

Federalist Paper #51

A

solution to factions: checks and balances
-State and fed’l governments
-Separation of powers into 3 branches
-all of this PROTECTS REPRESENTATION

31
Q

List the 3 Reconstruction Amendments and their purposes

A
  1. 13th Amendment: abolished slavery (applied to EVERY STATE)
  2. 14th Amendment: citizenship to ALL born or naturalized, due process law (essentially the 5th amendment but applied to EVERY STATE and person)
  3. 15th Amendment: right to vote for every male (without literacy tests or poll fee)
32
Q

What is selective incorporation?

A

doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens.

32
Q

Barron v. Balitmore (1833)

A

led to a holding from the Supreme Court that the Bill of Rights applied only to the federal government and not to the states (prior to due process clause of 14th amendment)

33
Q

District of Columbia v. Heller (2008)

A

2nd Amendment Selective Incorporation: attempted ban of handguns by District, Heller argued a violation of 2nd
Amendment, Heller wins

34
Q

McDonald v. Chicago

A

2nd Amendment right to everyone via 14th Amendment Due Process Clause

35
Q

Bad Tendency

A

Permitted restriction of free speech if it inctites or suggests illegal activity

36
Q

Schenk v. United States (1919)

A

Ruled that 1st amendment (free speech) can be restricted if words spoken = “clear and present danger”

37
Q

Gitlow v. New York (1925)

A

Gitlow was convicted for printing violent manifesto to overthrow gov’t, even though didn’t cause “clear and present danger”… said states coul

The Supreme Court decided in Gitlow v. New York that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from the impairment by the states” as well as by the federal government.

38
Q

Stromberg v. California (1931)

A

Made it illegal to display red flag to show opposition of gov’t…went against the first amendment

39
Q

Dennis v. United States (1940)

A

SCOTUS upheld the Smith Act which made it illegal to talk about violent overthrow of gov’t, questions first amendment

40
Q

Brandenburg v. Ohio (1969)

A

SCOTUS ruled that gov’t cant restrict speech that advocates action, as long as it doesn’t incite lawlessness

41
Q

American Legion v. America Humanist Association

A

Latin cross symbolizing peace following WWI on public property was costing tax $$ to maintain, SCOTUS decided it did NOT violate the establishment clause

42
Q

What is the Fundamental Freedoms Doctrine?

A

Idea that some amendments are favored over others in Congress’s/SCOTUS’ view… esp. The first amendment (freedom of speech

43
Q

What is the purpose of the Lemon Test?

A

determines the constitutionality of the gov’t’s interference with a religious issue

44
Q

What are the 3 prongs of the Lemon Test? Briefly describe them

A
  1. Purpose Prong: must serve secular legislative purpose
  2. Effect Prong: must NOT advance or inhibit religion
  3. Entanglement Prong: NOT result in excessive gov’t entanglement with religion
45
Q

What is the Establishment Clause?

A

idea in the first amendment that religion cannot be established by government

46
Q

What is the Free Exercise clause?

A

clause in first amendment that everyone can freely practice their religion

47
Q

How long are SCOTUS judges appointed?

A

LIFETIME!!!!

48
Q

What is the difference between federalism and a confederation?

A

Federalism forms a NATIONAL government that is separate from the states.
A confederation forms a FEDERAL government from sovereign states.

49
Q

How did the idea of separationism come about?

A

Separation of Church and State is NOT in the constitution… Thomas Jefferson sent it in a letter

50
Q

Judicial Review

A

-established by Marbury v. Madison
-SCOTUS can nullify laws based on Constitution

51
Q

What did McCulloch v. Maryland establish?

A

states cannot tax a federal bank

52
Q

Commerce Clause- what was it? whose power did it limit?

A

congress can regulate commerce:
-internationally
-between the different states
-with Natives
*placed a limit on the states’ power

53
Q

Summarize New Deal

A

-FDR’s plan to recover after Great Depression
-shifted power of gov’t to more central, esp. federal welfare projects

54
Q

What is the necessary and proper clause?

A

clauses that grant powers to Congress, but are not specific (implied powers)

55
Q

What is cooperative federalism?

A

National gov’t and state gov’t are marbled together… cooperate on some policies

56
Q

Dual Federalism

A

strict division of power, “layer cake”, between national and state gov’ts

57
Q

What is coercive federalism?

A

federal efforts to bend subnational governments to its will through financial withholdings and regulatory initiatives

58
Q

What are the concurrent powers?

A

The powers that belong to BOTH the state and the federal government. These powers include: building roads, taxing, and building lower courts

Government 2305 (2 decks)

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