test 1 Flashcards
who presented the Virginia plan at the CC?
James Madison
who favored the Virginia Plan? why?
Large states- in this plan representation was tied to population
under the virginia plan, how was the president elected?
by congress
what was the Council of Revision?
a council made up of the executive and judiciary with the power to veto legislation, however a council veto could be overridden by a simple majority vote in congress
what do we call the “dominant strategy”?
individual’s tendency to do what is in their own best interest instead of doing what is best for the whole
What is the problem with the dominant strategy of dealing with the prisoner’s dilemma?
everyone is worse off when all individuals pursue their own best interest instead of what is best for the group
what was the plan presented at the CC as a counter to the Virginia Plan?
New Jersey Plan
who favored the new jersey plan?
small states because representation would be “equal” for all states regardless of size
which plan presented at the CC had a unicameral legislature?
new jersey plan
what was the resolution between the 2 plans presented at the CC?
the Great Compromise or the Connecticut Compromise
what are the names of the 2 houses in the legislature?
House of representatives- elected by voters and representation based on population
Senate- elected by house of representatives; 2 representatives from each state
what characteristics from the new jersey and virginia plan can be seen in the great compromise?
the representation in the house, is as the virginia plan presented it
the representation in the senate is as the new jersey plan presented it
what are the qualification of being in the house of representatives?
at least 25 yrs old
U.S. citizen for 7 years
what are the qualification of being in the senate?
at least 30 yrs old
U.S. citizen for 9 years
must be residents of that state they represent
what are the qualification for being president?
at least 35 yrs old
born a U.S. citizen
must have been living in the U.S. for the past 14 years
how is separation of power insured?
checks and balances
what are some of the key powers of the president?
veto power; executive orders; nominates federal judges
who decides how big the supreme court is?
congress
can a presidential veto be overridden?
yes: congress can override a presidential veto with 2/3 vote in both houses;
Article II, section 3
highlights executive power: “take care that the laws be faithfully executed”
Article I, secion 8
highlights legislative power
elastic clause
highlights legislative power
what part of the constitution highlights the judiciary power?
Article VI, the supremacy clause
how many electoral votes does Texas have?
38
what are electoral votes for each state based on?
of congress members
how many electoral votes are there total?
538
how many electoral votes does one need to win?
270
what happen is there is to EC majority?
the House decides winner among top 3 candidates; each state’s delegation eta one vote and majority decides the winner
what is dillon’s rule?
local governments are wholly dependent on the powers afforded to them by the state government
what kind of system does a state government resemble?
unitary system
true or false: local governments are a part of the nation’s federal government
false
what kind of government system does the U.S. have?
a blend of confederation and unitary system: federalism
what are the 2 kinds of federal systems?
shared and dual
what kind of federalism do we have today? why?
shared federalism: as the country grows, so does the government and there is more and more need for the federal government to intervene in state affairs
what does the 10th amendment say?
if the constitution doesn’t explicitly give a power to the federal government, then that power belongs to the states
what is the “elastic clause”?
“the necessary and proper clause”
describe the case of McCulloch v. Maryland
…
describe the case of Gibbons v. Ogden
…
what powers does Article 1 Section 8 of the constitution give congress?
regulate commerce with foreign nations, tax, provide for the common defense
what power is given in Article 4 Section 3 of the constitution to congress?
admission of new states
Article 4 section 4
enforcement of republican form of government
what are 3 ways/ reasons nationalization has taken place
1) resources beyond the means of the states are needed
2) intervention when disputes arise between states
3) national majorities seek fed involvement in state and local affairs
what conditions are needed for washington to get involved in state policy/arrairs
majority, crisis, or “window of opportunity”
1) coordination problems
2) reneging and shirking
3) cutthroat competition
are what…..
3 common collective dilemmas of the states
what is a valence issue?
an issue without political opposition
what is the opposite of nationalization?
state strategy; if there are state majorities but not national majorities, then things are more likely to change state by state.
what is an exampleof state strategy?
limits on abortion
what is an example of a valence issue?
drunk driving- no one is in favor (MADD)
modern federalism resembles a layer cake or a marble cake? explain
marble cake: large national government- fed policies administered and implemented by the states
what is a matching or categorial grant? example?
the federal government gives money to the states for a specific purpose- very specific directions given as to how the money is to be spent (example: no child left behind)
what is a block grant? example?
grants given to states by national government, without stipulation regarding how it is spent. (example: general revenue sharing)
who tends to favor categorial grants? why?
democrats- more focused on intervention
who tends to favor block grants? why?
republicans- more emphasis on state rights and less fed gov involvement
what are 3 reasons for bipartisan support for Grants-in-aid among congress members?
1) they want control over how the $ is spent- they have worked hard to implement a policy
2) congressional control means constituents voice concerns with MC’s and not state/local gov
3) MC’s get to claim credit for the policy
federal orders to states that lack funding for their implementation
unfunded mandates
what are the 4 types of mandates?
direct orders
crossover sanctions
crosscutting requirements
partial preemption
states are required to comply with mandate and failure can result in legal penalties
direct order
states can administer federal-state programs if they comply with federal guidelines. otherwise the federal gov takes rover the implementation of the program
partial preemption
failure to comply with a certain mandate leads to penalties with respect to another program
crossover sanctions
a set of rules and procedures that cover many different federal rights programs
crosscutting requirements
what did the unfunded mandates reform act do?
ensure adequate funding for federal mandates. not very successful because MC’s like to get credit for a popular policy even if there is not federal money to fund it
what is politics?
the process through which individuals and groups reach agreement on a course of common or collective action- even as they disagree on the intended goals of that action
why is government necessary?
to settle disputes that arise from the attempts of individuals/groups to satisfy their demands
what is the purpose of a constitution?
establishes the form of government through the creation of institutions, rules an procedures that a people abide by
what is collective action?
the efforts of a group to reach and implement agreements
what problem do we face as we attempt collective action in the public arena?
there are strong incentives to forgo collective action- it is costly
what are the 2 main obstacles of collective action
coordination and the prisoners dilemma
describe the problem of coordination in collective action
people have many different perspectives and goals, and it is hard to reach a decision. however, this can be overcome is the group is sincere in their desire to bring about action
describe the prisoner’s dilemma
the preferred collective outcome is rarely the choice pursued because the preferred option for an individual is to pursue a strategy that undermines the preferred collective choice (in which everyone benefits)
what is the usual outcome of the prisoner’s dilemma?
no one is better off and some and worse off
what is one reason for the prisoner’s dilemma in political parties participating in collective action
lack of trust (if you do not trust the other party, it is logical to pursue one’s dominant strategy)
what are 2 types of prisoner’s dilemma
free-rider problem
tragedy of the commons
describe free riding
an individual does not participate in collective action because they do not view the outcome of the collective action as needing their contribution- the positive outcome will not be withheld from them (example voting)
describe the tragedy of the commons
a public good already exists and the problem is that each consumer of the good has an incentive to take as much as they can since their additional consumption does not have an effect on the provisions of the good.
what is the solution/ result of the tragedy of the commons
regulation and privatization
what is the solution/ result of free riding?
selective incentives and coercion
what are the costs of collective action?
transaction cost and conformity cost
who is the agent?
representative of the people; has authority delegated to them by the principle
who is the principle?
one who had authority
what is transaction cost?
cost incurred in the effort to reach a collective outcome.
what is conformity cost?
collelctive decision sometimes obligate participants to do something they prefer not to
what is the relationship between transaction costs and conformity costs?
inverse relationship
what kind of government system has high conformity costs?
tyranny or dictator ship. (consent to governmental action is denied)
in what system are transaction costs higher?
democratic society (however, because of this, collective is often blocked instead of implemented)
granting authority to a third party to implement decision
delegation
what is the benefit of delegation?
reduces transaction costs and leads to better outcomes because delegates develop expertise
what is a draw back of delegation?
possible loss of agency (discrepancy between the aims of the principle and the result obtained by the agent)
a form of government in which the people elect representatives to pursue the business of politics
republic
elected representatives
politicians
what is an externality
a product hat one receives without paying for it.
civil liberties _______
promise freedom from government interferences
where do civil liberties originate?
bill of rights
who is the dominate player in determining civil liberty claims?
supreme court
civil liberties protection increased after what?
passage of the civil rights amendments (13, 14, 15)
what is the first amendment?
1) freedom of religion, speech, assembly, and press, right to petition
what is the 10th amendment?
10) powers not granted to the national government are reserved for the states/ people
what is the 3rd amendment?
3) no quartering of troops
2nd amendment?
2) states maintain a militia
4th amendment?
4) no unreasonable search and seizures
9th amendment?
9) peoples rights are not restricted to 1-8
5th amendment?
5) right to life, liberty, property
6th amendment?
6) right to a speedy and public trial by jury
7th amendment?
7) right to a trial by jury involving in cases involving public law
8th amendment?
8) no excessive bail or cruel/unusual punishment
the Supreme Court’s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provision of the Bill of Rights to state laws and practices
selective incorporation
private goods or benefits that induce rational actors to participate in collective effort to provide a collective good
selective incentives
at the time of the constitutional convention, what was the position of the northern states regarding slavery and representation
did not wants slaves to count because they were not citizens (if slaves counted, then the south would increase in representation in the House)
at the time of the constitutional convention, what was the position of the southern states regarding slavery and representation
wanted slaves to count as persons for representation purposes but not taxation
what was the compromise between north and south states regarding slavery and representation?
slaves were counted as 3/5 of a citizen for both taxation and representation
what is the compromise known as a logroll include?
bargain between north and south regarding trade protections, the importation of slaves and the power of congress to regulate trade
what did the issue/ideal of political equality at the time of the constitutional convention look like?
it was mainly an abstract idea…the constitutions general silence on political equality amounted to passing the issue off to the states
federalists were ______
nationalists
antifederalists were _______
states rights
ratification of the constitution was accomplished how?
ratification through state conventions not through state legislatures
what is the most important federalist pater?
federalist 10
what was the content of the federalist papers?
theory and propaganda
the cause of tyranny is ______
faction
what is the purpose of federalist no. 10?
an argument in favor of a large republic, the form of gov. provided by the U.S. constitution
what was the first permanent english settlement in the americas?
jamestown
when did the mayflower land?
1620
what was the mayflower compact?
first constitutional document of the americas; a statement of self-governance between settlers
what were the 2 kinds of charters issued to the colonies by Britain?
proprietary/corporate or royal
how did the proprietary/corporate charter work?
investors purchased the charter from the crown for the authority to govern
how did the royal charter work?
authority to govern originated with the crown
what did all colonial governments consist of?
a governor and a bicameral legislature
what did the colonial bicameral legislature consist of?
a lower chamber called the colonial assembly and an upper chamber called the colonial council
how was the colonial council chosen?
Chosen by british officials after consultation with the governor
who was the colonial assembly chosen?
while male property owners voted in members
power of the colonial council was ineffectual. Why?
the governor had power to veto legislation and the lower chamber had power to tax and to determine the council and governor’s salaries
1607-1775
home rule- britian essentially let the colonists govern their own internal affairs
describe the relations between Britain and the colonies during home rule
Britain considered the colonists 2nd class citizens while colonists considered themselves englishmen.
what happened as a result of the french-indian war?
relations between colonies and britain changed: britain felt that the colonists owed them for the costs of the war. gradual end of home rule
what was one of the ways Britain attempted to receive compensation for the war expenses?
TAXES!! the sugar act, the stamp act, townshend acts.
what was the colonists response to the heavy taxing from britain after the french-indian war?
Sons of Liberty resisted the enforcement of the acts and colonists boycotted british goods
what re the 3 main principles regarding rights and representation that emerged during the years of the revolution?
1) government arises from the consent of the governed
2) power should be divided among separate institutions
3) citizens rights must be protected
what are the Articles of Confederation?
America’s first governing document that functioned as a constitution from 1777 but was actually ratified in 1781
what re 3 major ways the articles proved inadequate
1) coordination problems
2) economic problems
3) security problems
rebellion of farmers who attempted to overthrow the local government- prompted (along with other similar incidences) the revision of the articles
shay’s rebellion
what was the original “test” applied to see if the state should involve itself in a religious issue?
the lemon test:
1) the law/statute must advance a secular objective
2) effect of the law neither inhibits nor promotes religion
3) the law cannot result in excessive government entanglements
what has replaced the lemon test?
the neutrality test (prevents favoritism in policies that promote secular ends)
what is the general court ruling with regards to bearing arms?
the right to bear arms is applicable not only to the state but also to the individual. what is unclear however, is the extent to which individuals can bear arms outside their property
what are the 2 kinds of factions?
minority: not successful because of the republican principle of majority rule
majority: threat to liberty for which a large republic offers a defense
what is a problem that total democracies face?
if it is simple democracy, this type of government usually ends up with mob rule (fosters factions)
why is a republic a good solution to the problem of factions?
1) representation limits the effects of factions- representative appeals to diverse constituents
2) large sphere- the larger territory a republic includes the less effective faction will be
what does the exclusionary rule is in what amendment? what does it mean?
evidence unlawfully obtained can not be used agains the accused in a court of law. 4th amendment
explain what the fifth amendment protects against. what are these protections commonly called?
protects suspects from self-incrimination during the time between arrest and arraignment. “Miranda rules”
how does the 6th amendment apply to the case of Gideon v. Wainwright
Gideon was convicted of a petty crime and sentenced to 25 yrs in prison without having the chance to be represented in court (hence the unfair ruling)
how does the case of George Zimmerman relate to the 6th amendment?
George Zimmerman had a trial by jury but the jury was not comprised of his “peers.” The jury was all female. All of which were hispanic, except one african american.
what case suspended the death penalty in 1972? why?
Furman v. Georgia. Blacks were much more likely than whites to receive the ultimate punishment. This was a violation of the 8th amendment
what case reinstated the death penalty? what changed?
Gregg v. Georgia. the sentencing and punishing phases were entirely separated. (someone is found guilty of a crime and then punishment for that crime is decided)
is privacy protected by the constitution?
yes, thought the words “right to privacy” are not written, this protection has been pieced together through many court decisions
describe the relationship between political parties and abortion
the issue of abortion is a deal breaker for presidential candidates
civil rights amount to ____________ under the law.
equal treatment
how are civil rights different from civil liberties?
civil rights requires the government to act when equal treatment is violated
what are the 2 instances in American history when national majorities protected the civil rights of african americans?
1) Reconstruction
2) 1960s civil rights movement
what was the Missouri compromise?
1 slave state: 1 free state in the union. the goal was to keep slavery around
how did the compromise of 1850 overrule the Missouri compromise?
slavery became an issue of popular sovereignty by state
what was the effect of the Dred Scott v. Sanford case?
the ruling of this case basically overruled the 1859 compromise by stating that slaves could never be free and were always property
what was the “deal” struck in the 1876 presidential election?
the southern states said they would concede to a republican president if reconstruction was ended/federal troops removed from the south
what was the white primary?
the most effective way to block black votes: non white voters were prohibited from participating
tax imposed on people who want to vote- used to disenfranchise black voters
poll tax
literary test given to prospective voters
given by local registrars. the prospective voter was required to read/interpret a passage. this rigorous test was used as a barrier to black votes
what was used as a loophole for poor whites for voting priveleges?
grandfather clause
describe the New Deal Coalition
The south was already democratic (due to civil war politics). However, with the job offered under the new deal (which did not discriminate by color) many african americans became democratic (previously very republican because of lincoln/civil war politics)
