test 1 Flashcards

1
Q

who presented the Virginia plan at the CC?

A

James Madison

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2
Q

who favored the Virginia Plan? why?

A

Large states- in this plan representation was tied to population

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3
Q

under the virginia plan, how was the president elected?

A

by congress

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4
Q

what was the Council of Revision?

A

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

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5
Q

what do we call the “dominant strategy”?

A

individual’s tendency to do what is in their own best interest instead of doing what is best for the whole

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6
Q

What is the problem with the dominant strategy of dealing with the prisoner’s dilemma?

A

everyone is worse off when all individuals pursue their own best interest instead of what is best for the group

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7
Q

what was the plan presented at the CC as a counter to the Virginia Plan?

A

New Jersey Plan

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8
Q

who favored the new jersey plan?

A

small states because representation would be “equal” for all states regardless of size

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9
Q

which plan presented at the CC had a unicameral legislature?

A

new jersey plan

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10
Q

what was the resolution between the 2 plans presented at the CC?

A

the Great Compromise or the Connecticut Compromise

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11
Q

what are the names of the 2 houses in the legislature?

A

House of representatives- elected by voters and representation based on population
Senate- elected by house of representatives; 2 representatives from each state

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12
Q

what characteristics from the new jersey and virginia plan can be seen in the great compromise?

A

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

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13
Q

what are the qualification of being in the house of representatives?

A

at least 25 yrs old

U.S. citizen for 7 years

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14
Q

what are the qualification of being in the senate?

A

at least 30 yrs old
U.S. citizen for 9 years
must be residents of that state they represent

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15
Q

what are the qualification for being president?

A

at least 35 yrs old
born a U.S. citizen
must have been living in the U.S. for the past 14 years

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16
Q

how is separation of power insured?

A

checks and balances

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17
Q

what are some of the key powers of the president?

A

veto power; executive orders; nominates federal judges

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18
Q

who decides how big the supreme court is?

A

congress

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19
Q

can a presidential veto be overridden?

A

yes: congress can override a presidential veto with 2/3 vote in both houses;

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20
Q

Article II, section 3

A

highlights executive power: “take care that the laws be faithfully executed”

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21
Q

Article I, secion 8

A

highlights legislative power

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22
Q

elastic clause

A

highlights legislative power

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23
Q

what part of the constitution highlights the judiciary power?

A

Article VI, the supremacy clause

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24
Q

how many electoral votes does Texas have?

A

38

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25
Q

what are electoral votes for each state based on?

A

of congress members

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26
Q

how many electoral votes are there total?

A

538

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27
Q

how many electoral votes does one need to win?

A

270

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28
Q

what happen is there is to EC majority?

A

the House decides winner among top 3 candidates; each state’s delegation eta one vote and majority decides the winner

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29
Q

what is dillon’s rule?

A

local governments are wholly dependent on the powers afforded to them by the state government

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30
Q

what kind of system does a state government resemble?

A

unitary system

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31
Q

true or false: local governments are a part of the nation’s federal government

A

false

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32
Q

what kind of government system does the U.S. have?

A

a blend of confederation and unitary system: federalism

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33
Q

what are the 2 kinds of federal systems?

A

shared and dual

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34
Q

what kind of federalism do we have today? why?

A

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

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35
Q

what does the 10th amendment say?

A

if the constitution doesn’t explicitly give a power to the federal government, then that power belongs to the states

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36
Q

what is the “elastic clause”?

A

“the necessary and proper clause”

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37
Q

describe the case of McCulloch v. Maryland

A

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38
Q

describe the case of Gibbons v. Ogden

A

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39
Q

what powers does Article 1 Section 8 of the constitution give congress?

A

regulate commerce with foreign nations, tax, provide for the common defense

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40
Q

what power is given in Article 4 Section 3 of the constitution to congress?

A

admission of new states

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41
Q

Article 4 section 4

A

enforcement of republican form of government

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42
Q

what are 3 ways/ reasons nationalization has taken place

A

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

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43
Q

what conditions are needed for washington to get involved in state policy/arrairs

A

majority, crisis, or “window of opportunity”

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44
Q

1) coordination problems
2) reneging and shirking
3) cutthroat competition

are what…..

A

3 common collective dilemmas of the states

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45
Q

what is a valence issue?

A

an issue without political opposition

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46
Q

what is the opposite of nationalization?

A

state strategy; if there are state majorities but not national majorities, then things are more likely to change state by state.

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47
Q

what is an exampleof state strategy?

A

limits on abortion

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48
Q

what is an example of a valence issue?

A

drunk driving- no one is in favor (MADD)

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49
Q

modern federalism resembles a layer cake or a marble cake? explain

A

marble cake: large national government- fed policies administered and implemented by the states

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50
Q

what is a matching or categorial grant? example?

A

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)

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51
Q

what is a block grant? example?

A

grants given to states by national government, without stipulation regarding how it is spent. (example: general revenue sharing)

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52
Q

who tends to favor categorial grants? why?

A

democrats- more focused on intervention

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53
Q

who tends to favor block grants? why?

A

republicans- more emphasis on state rights and less fed gov involvement

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54
Q

what are 3 reasons for bipartisan support for Grants-in-aid among congress members?

A

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

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55
Q

federal orders to states that lack funding for their implementation

A

unfunded mandates

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56
Q

what are the 4 types of mandates?

A

direct orders
crossover sanctions
crosscutting requirements
partial preemption

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57
Q

states are required to comply with mandate and failure can result in legal penalties

A

direct order

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58
Q

states can administer federal-state programs if they comply with federal guidelines. otherwise the federal gov takes rover the implementation of the program

A

partial preemption

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59
Q

failure to comply with a certain mandate leads to penalties with respect to another program

A

crossover sanctions

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60
Q

a set of rules and procedures that cover many different federal rights programs

A

crosscutting requirements

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61
Q

what did the unfunded mandates reform act do?

A

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

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62
Q

what is politics?

A

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

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63
Q

why is government necessary?

A

to settle disputes that arise from the attempts of individuals/groups to satisfy their demands

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64
Q

what is the purpose of a constitution?

A

establishes the form of government through the creation of institutions, rules an procedures that a people abide by

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65
Q

what is collective action?

A

the efforts of a group to reach and implement agreements

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66
Q

what problem do we face as we attempt collective action in the public arena?

A

there are strong incentives to forgo collective action- it is costly

67
Q

what are the 2 main obstacles of collective action

A

coordination and the prisoners dilemma

68
Q

describe the problem of coordination in collective action

A

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

69
Q

describe the prisoner’s dilemma

A

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)

70
Q

what is the usual outcome of the prisoner’s dilemma?

A

no one is better off and some and worse off

71
Q

what is one reason for the prisoner’s dilemma in political parties participating in collective action

A

lack of trust (if you do not trust the other party, it is logical to pursue one’s dominant strategy)

72
Q

what are 2 types of prisoner’s dilemma

A

free-rider problem

tragedy of the commons

73
Q

describe free riding

A

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)

74
Q

describe the tragedy of the commons

A

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.

75
Q

what is the solution/ result of the tragedy of the commons

A

regulation and privatization

76
Q

what is the solution/ result of free riding?

A

selective incentives and coercion

77
Q

what are the costs of collective action?

A

transaction cost and conformity cost

78
Q

who is the agent?

A

representative of the people; has authority delegated to them by the principle

79
Q

who is the principle?

A

one who had authority

80
Q

what is transaction cost?

A

cost incurred in the effort to reach a collective outcome.

81
Q

what is conformity cost?

A

collelctive decision sometimes obligate participants to do something they prefer not to

82
Q

what is the relationship between transaction costs and conformity costs?

A

inverse relationship

83
Q

what kind of government system has high conformity costs?

A

tyranny or dictator ship. (consent to governmental action is denied)

84
Q

in what system are transaction costs higher?

A

democratic society (however, because of this, collective is often blocked instead of implemented)

85
Q

granting authority to a third party to implement decision

A

delegation

86
Q

what is the benefit of delegation?

A

reduces transaction costs and leads to better outcomes because delegates develop expertise

87
Q

what is a draw back of delegation?

A

possible loss of agency (discrepancy between the aims of the principle and the result obtained by the agent)

88
Q

a form of government in which the people elect representatives to pursue the business of politics

A

republic

89
Q

elected representatives

A

politicians

90
Q

what is an externality

A

a product hat one receives without paying for it.

91
Q

civil liberties _______

A

promise freedom from government interferences

92
Q

where do civil liberties originate?

A

bill of rights

93
Q

who is the dominate player in determining civil liberty claims?

A

supreme court

94
Q

civil liberties protection increased after what?

A

passage of the civil rights amendments (13, 14, 15)

95
Q

what is the first amendment?

A

1) freedom of religion, speech, assembly, and press, right to petition

96
Q

what is the 10th amendment?

A

10) powers not granted to the national government are reserved for the states/ people

97
Q

what is the 3rd amendment?

A

3) no quartering of troops

98
Q

2nd amendment?

A

2) states maintain a militia

99
Q

4th amendment?

A

4) no unreasonable search and seizures

100
Q

9th amendment?

A

9) peoples rights are not restricted to 1-8

101
Q

5th amendment?

A

5) right to life, liberty, property

102
Q

6th amendment?

A

6) right to a speedy and public trial by jury

103
Q

7th amendment?

A

7) right to a trial by jury involving in cases involving public law

104
Q

8th amendment?

A

8) no excessive bail or cruel/unusual punishment

105
Q

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

A

selective incorporation

106
Q

private goods or benefits that induce rational actors to participate in collective effort to provide a collective good

A

selective incentives

107
Q

at the time of the constitutional convention, what was the position of the northern states regarding slavery and representation

A

did not wants slaves to count because they were not citizens (if slaves counted, then the south would increase in representation in the House)

108
Q

at the time of the constitutional convention, what was the position of the southern states regarding slavery and representation

A

wanted slaves to count as persons for representation purposes but not taxation

109
Q

what was the compromise between north and south states regarding slavery and representation?

A

slaves were counted as 3/5 of a citizen for both taxation and representation

110
Q

what is the compromise known as a logroll include?

A

bargain between north and south regarding trade protections, the importation of slaves and the power of congress to regulate trade

111
Q

what did the issue/ideal of political equality at the time of the constitutional convention look like?

A

it was mainly an abstract idea…the constitutions general silence on political equality amounted to passing the issue off to the states

112
Q

federalists were ______

A

nationalists

113
Q

antifederalists were _______

A

states rights

114
Q

ratification of the constitution was accomplished how?

A

ratification through state conventions not through state legislatures

115
Q

what is the most important federalist pater?

A

federalist 10

116
Q

what was the content of the federalist papers?

A

theory and propaganda

117
Q

the cause of tyranny is ______

A

faction

118
Q

what is the purpose of federalist no. 10?

A

an argument in favor of a large republic, the form of gov. provided by the U.S. constitution

119
Q

what was the first permanent english settlement in the americas?

A

jamestown

120
Q

when did the mayflower land?

A

1620

121
Q

what was the mayflower compact?

A

first constitutional document of the americas; a statement of self-governance between settlers

122
Q

what were the 2 kinds of charters issued to the colonies by Britain?

A

proprietary/corporate or royal

123
Q

how did the proprietary/corporate charter work?

A

investors purchased the charter from the crown for the authority to govern

124
Q

how did the royal charter work?

A

authority to govern originated with the crown

125
Q

what did all colonial governments consist of?

A

a governor and a bicameral legislature

126
Q

what did the colonial bicameral legislature consist of?

A

a lower chamber called the colonial assembly and an upper chamber called the colonial council

127
Q

how was the colonial council chosen?

A

Chosen by british officials after consultation with the governor

128
Q

who was the colonial assembly chosen?

A

while male property owners voted in members

129
Q

power of the colonial council was ineffectual. Why?

A

the governor had power to veto legislation and the lower chamber had power to tax and to determine the council and governor’s salaries

130
Q

1607-1775

A

home rule- britian essentially let the colonists govern their own internal affairs

131
Q

describe the relations between Britain and the colonies during home rule

A

Britain considered the colonists 2nd class citizens while colonists considered themselves englishmen.

132
Q

what happened as a result of the french-indian war?

A

relations between colonies and britain changed: britain felt that the colonists owed them for the costs of the war. gradual end of home rule

133
Q

what was one of the ways Britain attempted to receive compensation for the war expenses?

A

TAXES!! the sugar act, the stamp act, townshend acts.

134
Q

what was the colonists response to the heavy taxing from britain after the french-indian war?

A

Sons of Liberty resisted the enforcement of the acts and colonists boycotted british goods

135
Q

what re the 3 main principles regarding rights and representation that emerged during the years of the revolution?

A

1) government arises from the consent of the governed
2) power should be divided among separate institutions
3) citizens rights must be protected

136
Q

what are the Articles of Confederation?

A

America’s first governing document that functioned as a constitution from 1777 but was actually ratified in 1781

137
Q

what re 3 major ways the articles proved inadequate

A

1) coordination problems
2) economic problems
3) security problems

138
Q

rebellion of farmers who attempted to overthrow the local government- prompted (along with other similar incidences) the revision of the articles

A

shay’s rebellion

139
Q

what was the original “test” applied to see if the state should involve itself in a religious issue?

A

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

140
Q

what has replaced the lemon test?

A

the neutrality test (prevents favoritism in policies that promote secular ends)

141
Q

what is the general court ruling with regards to bearing arms?

A

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

142
Q

what are the 2 kinds of factions?

A

minority: not successful because of the republican principle of majority rule
majority: threat to liberty for which a large republic offers a defense

143
Q

what is a problem that total democracies face?

A

if it is simple democracy, this type of government usually ends up with mob rule (fosters factions)

144
Q

why is a republic a good solution to the problem of factions?

A

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

145
Q

what does the exclusionary rule is in what amendment? what does it mean?

A

evidence unlawfully obtained can not be used agains the accused in a court of law. 4th amendment

146
Q

explain what the fifth amendment protects against. what are these protections commonly called?

A

protects suspects from self-incrimination during the time between arrest and arraignment. “Miranda rules”

147
Q

how does the 6th amendment apply to the case of Gideon v. Wainwright

A

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)

148
Q

how does the case of George Zimmerman relate to the 6th amendment?

A

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.

149
Q

what case suspended the death penalty in 1972? why?

A

Furman v. Georgia. Blacks were much more likely than whites to receive the ultimate punishment. This was a violation of the 8th amendment

150
Q

what case reinstated the death penalty? what changed?

A

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)

151
Q

is privacy protected by the constitution?

A

yes, thought the words “right to privacy” are not written, this protection has been pieced together through many court decisions

152
Q

describe the relationship between political parties and abortion

A

the issue of abortion is a deal breaker for presidential candidates

153
Q

civil rights amount to ____________ under the law.

A

equal treatment

154
Q

how are civil rights different from civil liberties?

A

civil rights requires the government to act when equal treatment is violated

155
Q

what are the 2 instances in American history when national majorities protected the civil rights of african americans?

A

1) Reconstruction

2) 1960s civil rights movement

156
Q

what was the Missouri compromise?

A

1 slave state: 1 free state in the union. the goal was to keep slavery around

157
Q

how did the compromise of 1850 overrule the Missouri compromise?

A

slavery became an issue of popular sovereignty by state

158
Q

what was the effect of the Dred Scott v. Sanford case?

A

the ruling of this case basically overruled the 1859 compromise by stating that slaves could never be free and were always property

159
Q

what was the “deal” struck in the 1876 presidential election?

A

the southern states said they would concede to a republican president if reconstruction was ended/federal troops removed from the south

160
Q

what was the white primary?

A

the most effective way to block black votes: non white voters were prohibited from participating

161
Q

tax imposed on people who want to vote- used to disenfranchise black voters

A

poll tax

162
Q

literary test given to prospective voters

A

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

163
Q

what was used as a loophole for poor whites for voting priveleges?

A

grandfather clause

164
Q

describe the New Deal Coalition

A

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)