poli 210 midterm Flashcards

1
Q

What are the three types of government systems?

A

Confederacy: Central government is a creation of sovereign states. Federal: Joint sovereignty. Unitary: Local units are creations of a sovereign central state.

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2
Q

What historical context influenced the creation of the federal system in the U.S. Constitution?

A

Background of British rule and weak central government under the Articles of Confederation. The desire for a more democratic and limited government than the British monarchy led to the federal system.

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3
Q

What are static and dynamic limits on central government?

A

Static: Specific provisions (right to trial by jury for disputes over $20); Dynamic: Tied to competitiveness and outside choices (leaving decisions up to state govt)

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4
Q

what limits does the constitution put on the gov’t

A

separation of powers, checks and balances, separation of personnel (setting ambition against ambition relying on human competitiveness), separation of constituency (ex. separating pres from party)

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5
Q

What is the main point of Federalist 10?

A

The danger of factions and the federal system is the best solution

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6
Q

What is the structure and function of Congress as outlined in Article One?

A

Bill introduction, committee hearings, floor debate, vote
legislating, government administration, and informing the public.

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7
Q

representational role of house vs senate

A

house: represents public, chosen by general elections
senate: represents states, chosen by state legislatures

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8
Q

leaders of congress

A

house: Speaker of the House
senate: vice pres

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9
Q

What are the major roles of the President defined in the Constitution?

A

Commander in Chief, executive powers, foreign affairs, appointments, emergency powers

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10
Q

andrew jackson key contributions

A

veto, spoils, kitchen cabinet, will of the ppl

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11
Q

What was Abraham Lincoln’s major contribution as President?

A

Domestic power as Commander in Chief and preserving the Union

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12
Q

federal court organization

A

Dual system (state/federal) and civil/criminal organization

Federal courts operate alongside state courts.

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13
Q

levels of federal courts?

A

trial and appeals

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14
Q

What is judicial review?

A

The Supreme Court can review the constitutionality of congressional acts

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15
Q

amendments 1, 2, 4, 5, 6, 8

A

Freedom of religion, speech, press, assembly, and petition
bear arms and militia
search and seizure
grand jury
speedy and public trial
no excessive bail

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16
Q

What is the significance of Barron v. Baltimore?

A

Established that the Bill of Rights does not apply to states. the 14th Amendment later reversed this but not clearly.

17
Q

What is the difference between selective and total incorporation?

A

Selective incorporation applies through due process, case by case on what rights are essential; total incorporation applies all amendments

18
Q

What is the Palko test?

A

Formalized using due process/selective incorporation - case by case, any 1st Amendment right essential to liberty must also apply to states.

19
Q

What does the exclusionary rule state?

A

Evidence obtained in violation of rights is not admissible at trial

20
Q

What are key characteristics of federal bureaucracy?

A

Division of tasks, specialization, hierarchical control, standard operating procedures, institutional memory. enhance efficiency for routine tasks but can hinder novel tasks.

21
Q

What are the sources of power for federal bureaucracy?

A

Policy implementation, expertise, longtime horizon, close connection to Congress and industry experts

22
Q

federalist paper 51

A

separation of powers and checks and balances that the constitution provides to protect liberty.

23
Q

washington key developments

A

above politics, head of state

24
Q

teddy roosevelt changes

A

expanded scope

25
FDR changes
expanded bureaucracy, policy goes from legislative to executive, reinforced all previous expansions
26
structure of courts
- supreme - appellate, 1 court 9 justices all 9 hear each case - appeals - appellate - one for each region, 179 judges 3 judges hear each case - district - original, 12 regions, 673 judges, 1 judge hears each case
27
marbury v madison
courts can rule on constitutionality of congressional acts
28
gitlow v new york
due process gives citizens' first amendment rights protection against states
29
palko v connecticut
first amendment rights essential to liberty must also apply to states, using selective incorporation (case by case)
30
benton v maryland
against double jeopardy
31
mapp v ohio
unreasonable search and seizure
32
mcdonald v chicago
right to keep and bear arms
33
gideon v wainright
states must provide attorney to those who cant afford one
34
stare decius
stand by previous court decisions
35
writ of certiorari
lower courts must transmit records that a higher court hears on appeal
36
en banc
all judges sitting tg to hear a case
37
exclusionary rule
evidence obtained in violation of defendent's constitutional or statutory rights is not admissable in trial
38
habeus corpus
law enforcement must produce a prisoner and justify continued confinement to the courts
39
standing and 3 rules
need sufficient harm from the law to bring a matter to court. injury in fact, causal connection, redressability