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POL 102 > Midterm 1 > Flashcards

Midterm 1 Flashcards

1
Q

What are the efforts of a group to reach and implement decisions?

A

Collective action problems

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2
Q

Why is collective action a problem?

A

Because there are free riders, there is always an incentive to cheat

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3
Q

How do we overcome collective action problems?

A

Create institutions

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4
Q

Everything around us is a collective action problem- True or False

A

True

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5
Q

What is the time, effort, and expenses at resources to come to a collective decision?

A

Transaction costs

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6
Q

What is the cost of conforming to the collective decision?
(examples: speeding tickets, prison)

A

Conformity costs

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7
Q

What are the 3 ideals of the Declaration of Independence?

A
  1. Equality
  2. Individual Rights
  3. Consent of the Governed

Elephants Iceskate Carefully

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8
Q

What are the 2 guidelines of the Declaration of Independence?

A
  1. Accountability
  2. Governability

Elephants Iceskate Carefully And Glide

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9
Q

The Govt. Gives You Rights- True or False

A

FALSE!!!: You have rights already as a human being

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10
Q

What is the basic summary of John Locke’s “Social Contract Theory”?

A

Individuals give up some rights in exchange for the government’s protection of the natural rights of man, “LIFE, LIBERTY, and PROPERTY”

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11
Q

What did the Virginia Plan say?

A
  1. Single Executive
  2. We think representation in the legislative should be based on the states’ population
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12
Q

What did the New Jersey Plan say?

A
  1. Multiperson Executive
  2. We think all states should have equal voting power in the legislative
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13
Q

What is House Representation and Senate Representation Like Today?

A
  1. In the Senate, all states have the same amount of representatives
  2. In the House of Reps., each state has representation based on population
  3. Approval of both houses required for legislation
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14
Q

What does Federalist #10 Say?

A

James Madison warns against the threat of factions

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15
Q

What does ARTICLE 1 establish?

A

Legislative Branch

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16
Q

What does ARTICLE 2 establish?

A

Executive Branch

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17
Q

What does ARTICLE 3 establish?

A

Judiciary Branch

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18
Q

What 2 things are important about Article 1, Section 8?

A
  1. Defines the numerated powers of Congress (ex. power to tax)
  2. Has the Necessary and Proper Clause, which gives Congress the implied powers to do that which is necessary and proper for carrying out its duties
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19
Q

Which system says “hey man, all the power belongs to us, the national government”?

A

Unitary

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20
Q

Which system says “hey why does the national govt. have all the power, it should all go us local units instead”?

A

Confederacy

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21
Q

Which system says, “hey, you know what, power should be split between the both of you guys, the national AND state.”?

A

Federal

22
Q

What type of federalism is within a level of govt. and is a constitutional relationship between states?

A

Horizontal Federalism

23
Q

What type of federalism is between states and the national govt.?

A

Vertical Federalism

24
Q

What is the federal system under which the national and state governments are responsible for separate policy areas?
HINT: Layer Cake

A

Dual Federalism

25
Q

What is the federal system under which state governtments and national govt. share responsibilities for domestic policy areas?
HINT: marble cake

A

Cooperative Federalism

26
Q

What is the shifting of political power from the national level back to the states?

A

Devolution

27
Q

What is the Latin term for no imprisonment without being informed of the charges?

A

Habeas Corpus

28
Q

What term means the power of the court to declare the constitutionality of a law?

A

Judicial Review

29
Q

Which case established judicial Review?

A

Marbury v. Madison

30
Q

What clause is an example of horizontal federalism and requires each state to give full faith and credit to the public acts, records, and judicial proceedings of other state?

A

Full Faith and Credit Clause

31
Q

What does “I plead the 5th” mean?

A

You cannot testify against yourself

32
Q

What was the weakness of the Articles of Confederation?

A

It did an awful job of solving collective action problems

33
Q

What is a rule that bars evidence that was illegally obtained from being used in court?

A

Exclusionary Rule

34
Q

What clause forbids the government from establishing a state religion or favoring one religion over another?

A

Establishment Clause

35
Q

What are constitutional and legal protections from governmental interference into citizens’ personal freedoms?

HINT: What the GOVT. CANNOT DO

A

civil liberties

36
Q

What is a form of censorship that prohibits speech or expression before it occurs and is generally viewed as unconstitutional, but there are some exceptions to it?

A

prior restraint

37
Q

What is libel?

A

written defamation

38
Q

what is slander?

A

spoken defamation

39
Q

What is the implementing of the Bill of Rights piece by piece, case by case?

A

selective incorporation

40
Q

What are the 5 Liberties (rights) of 5th Amendment?

HINT: RAPPS

A
  1. Religion
  2. Assembly
  3. Press
  4. Petition
  5. Speech
41
Q

What was significant about Thomas Jefferson’s Letter to the Danbury Association?

A

It is important for using the metaphor of the wall of separation between church and state” ; he wrote to a religious minority facing persecution

42
Q

What happened in the case ROTH V. US (1957)?

A
  1. What happened?
    Sam Roth was arrested for obscene brochures, due to obscenity, and Roth argued he was well within his right to freedom and press
  2. What’s the legal question?
    Is this Obscenity or is this protected Free Speech
  3. What’s the answer?
    The Roth Test was created; stated that if the avg.. person finds the dominant theme OBSCENE, then it is not protected speech; he lost the case
43
Q

What happened in the case TEXAS V. JOHNSON (1989)

A
  1. What happened?
    Gregory Lee Johnson was at a protest when another protestor handed him a torn piece of the American flag. Johnson then lit it on fire and was charged for violating Texas’ flagburning law
  2. What’s the legal question?
    Is flag burning free speech?
  3. What’s the answer?
    Johnson won the case, as the 1st amendment protects it as free speech
44
Q

What happened in the case GIBBONS V. ODGEN?

A
  1. What happened?
    NY and NJ were in a fight as to who was going to give a monopoly to a steamboat company to handle shipping on the Hudson River
  2. What’s the legal question?
    Who has the authority to decide which company will get the monopoly on shipping?
  3. What’s the answer?
    Neither State has the right to give a monopoly, its the role of the national government to decide that
45
Q

What happened in the case ENGLE V. VITALE (1962)?

A
  1. What happened?
    There was prayer in a public school in Hyde Park. Some families complained about the prayer, saying it violated their religious beliefs.
  2. What’s the legal question?
    Is school prayer violating the establishment clause?
  3. What’s the answer?
    The supreme court ruled school prayer is unconstitutional.
46
Q

What happened in the case MAPP V. OHIO (1961)?

A
  1. What happened?
    The Cleveland Police receive a tip that Dollree Mapp is harboring a terrorist in her house. The Cleveland Police show up to her house with no warrant and so Dollree does not let them in. The Cleveland Police force their way in and assault Dollree and arrest her on the charges of obscenity as she had obscene material in her home.
  2. What’s the legal question?
    Can illegally obtained evidence be used in court?
  3. What’s the answer?
    The supreme court ruled no, it is unconstitutional and ruled the police officers were in violation of the 4th amendment.
47
Q

What happened in KATZ V. US (1967)?

A
  1. What happened?
    Charlie Katz was using payphones to communicate about his gambling operation. Police used wiretappings of his conversations to convict him of criminal charges?
  2. What’s the legal question? Is wiretapping in violation of the 4th amendment?
  3. What’s the answer?
    The Supreme Court ruled it is unconstitutional to wiretap and established the right to privacy principle, which said a warrant is needed wherever a person has an “expectation of privacy”
48
Q

What happened in GIDEON V. WAINWRIGHT (1965)?

A

1.What happened? Clarence Earl Gideon is accused of a burgulary by an eyewitness, but he is poor and cannot afford an attorney. So he asks for an attorney from the court.

  1. What’s the legal question? Is it constitutional for a criminal to have no attorney, when they cannot afford one?
  2. What’s the answer? The supreme court ruled that in order to protect 6th amendment right to trials, then the court must provide an attorney free of charge.
49
Q

What happened in GITLOW V. NY (1925)?

A

It incorporated the 1st amendment right (Freedom of Speech and Press) and held that it applied to state governments.

50
Q

What happened in Griswold v. Conneticut?

A

Established a “right to privacy”, a ban on contraception is unconstitutional

51
Q
A

POL 102 (1 decks)

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