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12th grade > Gov > Flashcards

Gov Flashcards

1
Q

Autocrat

A

Dictator, despot

Ruler with absolute power

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2
Q

Bands

A

Small group of families in an area

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3
Q

Bourgeoisie

A

Rich property owner takes advantage of workers

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4
Q

Bureaucracy

A

System of departments

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5
Q

Code of Hammurabi

A

First law

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6
Q

Communism

A

Gov own means of production, share things

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7
Q

Economy

A

Ways society makes, distributed, consumer goods n services

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8
Q

Enlightened despots

A

Benefit ppl

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9
Q

Kinship

A

Family relation

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10
Q

National gov

A

Make n enforce laws

Gov of nation-states

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11
Q

Nation states

A

Groups of ppl with territory, gov, sovereignty

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12
Q

Power elite

A

Elites in U.S. hold position too Econ, military, politic

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13
Q

Preamble

A

Purpose of constitution

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14
Q

Proletariat

A

Workers own nothing for labor

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15
Q

Public services

A

Meet social n Econ need of the ppl

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16
Q

Sovereignty

A

Power of state to determine gov, Econ, social

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17
Q

Tribes

A

Group/band of ppl related by family

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18
Q

Constitution

A

Plan of gov

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19
Q

Policies

A

Action gov takes

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20
Q

Purposes of gov

A 
Protection
Order-law
Conflict resolution 
Econ stability
Public services
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21
Q

Economic question

A

What should b produced
How it should
Who should get it

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22
Q

Preamble

A 
Unified country
Create law n court system
Peaceful relations-tranquility
Army
Promote well being-welfare
Protect freedom-liberty
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23
Q

learning gov

A

to understand our own gov and create the best gov

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24
Q

force theory

A

small group use force to gain control n force ppl to submit to their policies

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25
Q

evolution theory

A

gov evolved from family ties
family will join together into bands
bands join together into tribes
gov based on: age wisdom skills

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26
Q

divine right theory

A

god established a ruler

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27
Q

social contract

A

trade
gov got power
ppl got protection n order

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28
Q

john locke

A

influential
gov: protection/oder
ppl give up power in exchange for benefits
claim: gov get s right to govern from ppl

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29
Q

second treatise

A

this estate: state of freedom
ppl must agree to give up freedom

divest himself of: giving up natural right
bonds of civil society: becoming a citizen
any that are not of it: society protects members from nomenbers

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30
Q

authority

A

power that is accepted by the ppl, has legitimacy: having the right to rule

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31
Q

characters of nation state

A

population
borders
gov
sovereignty

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32
Q

sovereignty

A

power to determine form of gov, econ, social system

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33
Q

elites

A

ppl holding the power, help understand power/gov

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34
Q

elitist theories

A

only a small group of ppl hold power

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35
Q

pluralist

A

large # of ppl hold power

power is distributed among dif elites n instiution
no one group can dominate all of gov, only spec policies

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36
Q

elitist theories

A

marx
mills
weber

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37
Q

marx

A

elits control econ, owners of means of production
bourgeoisie
proletariat

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38
Q

mills

A

power elites control econ, polit/gov, milit

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39
Q

weber

A

elites: bureaucrats n control large organization.

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40
Q

morgenthau

A

essence of gov-polit/relationships is struggle for power

which allow for influencing ppl thought/action. psych not phy

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41
Q

why ppl obey those with power

A

expectation of benefit
fear of disadvantage
love/respect

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42
Q

how power is put into effect

A

orders/threats
authority
charisma

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43
Q

classify by who has power

A

democracy

dictator

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44
Q

democracy

A

power held by ppl
direct
indirect/representative: republic

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45
Q

dictatorship

A

ppl doesn’t have an power, gov does what they want

autocracy: one person holds power
oligarchy: small group of ppl w/ power

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46
Q

classify by how much power

A

totalitarian
authoritarian
limited gov
anarchy

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47
Q

classify by where power is located

A

unitary
federal
confederate

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48
Q

unitary

A

centralized in one location

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49
Q

federal

A

divided btw central gov n localized gov

DIVISION OF POWER

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50
Q

confederate

A

power divided evenly among states

central gov not powerful

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51
Q

classifying gov by how power is distributed

A

parliamentary

presidential

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52
Q

parliamentary gov

A

executive branch has members from legislative

legis: parliament controls executive

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53
Q

presidential gov

A

legis n exec are separate, check n balances

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54
Q

totalitarian

A

gov has total power over ppl’s lives

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55
Q

authoritarian

A

gov has lots of power, not all

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56
Q

limited gov

A

allow for ppl’s freedom

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57
Q

anarchy

A

no gov

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58
Q

aristotle

A

democracy n oligarchy are big categories

change has to b something ppl want

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59
Q

8 tenets of american democracy

A 
individ worth
individ freedom
equality
popular sovereignty: consent of ppl
majority rule
limited gov
compromise
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60
Q

Founders

A

sign declaration, constitu. revolution
turned to enlightment ideas

make gov based on natural laws

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61
Q

enlightment

A

movement that uses reason/rationalization for human activities 1600
grew out of scientific revolution but examines society not natural world

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62
Q

Thomas Jeff

A

brilliant inventor, statesman, architect, planter.
religious freedom n pubedu.

weak fed gov. gov will corrupt, new revolutions r needed

owned slaves

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63
Q

J Adams

A

lawyer
brit werent being true to their principles

strong fed gov that needs to b checked

doubts about demo. ppl need wise leader cuz they’re dumb. misogynist- no women’s right

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64
Q

G washington

A

action not brains. in military

stability n scurity

no international allies or political parties

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65
Q

B Franklin

A

didn’t support independence earlier but rather compromise. mediator, focused on diplomacy

need international allies- france

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66
Q

P Henry

A

good public speaker. thunder, give me liberty or give me death

weak central gov, liked articles, opposed ratifying

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67
Q

S Adams

A

Locke, overthrow unjust leaders. boston tea party

weak central gov, wanted ratification. minority rights

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68
Q

causes of enlightment

A

renaissance: rebirth of learning n exploration

protestant reformation: individ question their beliefs

scientifc revolution. hypothesis-test. question everything, against religious

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69
Q

natural laws

A

rules that explain behaviors found in nature, both in nature n society

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70
Q

enlightment thinkers

A

identify natural laws that governed behaviors. humans have natural rights: rights that come from being human (life, liberty, property)

ppl should have freedom of thoughts n exoression

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71
Q

Rene descartes

A

usefulness of doubt. skeptism bc ppl’s sense can b distorted, need logic=truth

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72
Q

jean-jacques rousseau

A

ppl in natural state were good but gov corrupts them bc gov doesn’t promote good

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73
Q

montesquieu

A

gov should b based on natural laws

SPIRIT OF LAWS: powers should b divided in 3 branches

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74
Q

Voltaire

A

free speech, press, religion

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75
Q

Emmerich de Vattel

A

Laws of Nations

natural laws applied to nations

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76
Q

John Locke

A

Social contract

ppl natural state is peaceful, gov has to protect their rights n property or b overthrown

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77
Q

Thomas Hobbes

A

social contract: rulers have abosultute power

natural state: anarchy, volence, self absorb

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78
Q

magna carta

A

english charter, require kings to renounce his rights n follow the law

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79
Q

ancient greece

A

ppl should vote for their leaders/ laws

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80
Q

ancient rome

A

republic then monarch

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81
Q

english bill of rights

A

no one is above the law

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82
Q

2nd treatise

A

reason: law of nature
protected: life, liberty, possessions

ppl don’t need to obey the leader when they use unlimited power

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83
Q

declaration

A

self evident

equality. gov secure rights with power from the ppl. ppl can overthrow gov if needed

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84
Q

rd to independence

A 
george 3
proclamation 63
sugar/stamp act
townsh3end act
boston massacre
intolerable act
begin war
declaration
treaty
independnence 76
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85
Q

continental congress

A

response to intolerable act

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86
Q

2nd continetal congress

A

after war began, declaration and wrote articles

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87
Q

treaty of paris

A

Great Britain recognized the 13 colonies as free and sovereign states.

The United States’ borders were agreed upon.

The United States would have fishing rights off the coast of British Canada.

Congress promised to ask the states to return property taken from loyalists.

Both nations recognized the rights of creditors, loyalists, and prisoners of war.

Both nations were given perpetual access to the Mississippi River.

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88
Q

american gov

A

continental congress-ununified

states wrote their own constitution-popular sovereignty, separation of power, bill of right

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89
Q

articles

A

constitution every state is a sovereign nation, single legislative congress, only one branch of gov

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90
Q

northwest ordinance

A

admitting new states
It would accept a territorial government controlled by Congress.
After it reached a certain population (5,000 adult males), it would create a legislature and send a (nonvoting) representative to Congress.
When the population grew much larger (60,000 adult males), it would apply to be admitted as a full-fledged state with voting privileges in Congress.

prohibit slavery, treat NA good, religious freedom

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91
Q

weakness of article

A

national gov couldn’t
Make the states go along with the decisions of Congress
Tax citizens
Require states to contribute money to the national government
Pass a law unless nine of the 13 states agreed
Regulate trade

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92
Q

shay’s rebellion

A

national gov: debt-recession. famers in debt conflict with urban parts of MA bc merchants try paying of war debt through tax. shay led mob farmer attack courthouses. governor as national to send troops but they didnt have funds. legislator stop paying off war debt

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93
Q

annapolis convention

A

representatives meet to call on all representatives to revise articles

fighting among states destroy union n legislature doesn’t protect basic rights

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94
Q

constituitonal convention- philadelphia

A

delegate/framers were late. articles was not revised but scrapped n wrote a new constitution

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95
Q

virginia plan

A

congress: bicameral. # of representatives based on population. strong central

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96
Q

new jersey pln

A

equal # of representatives. weak central. unicameral

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97
Q

great compromise

A

bicameral congress. one house: equal representation, other house based on population

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98
Q

3/5 compromise

A

to help determine population. counted each slave as 3/5 of a man. capitation tax also counted 3/5 of slave population towards the total populaion

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99
Q

slave compromise

A

congress can regulate trade but was forbidden to take action against slave trade for 20 yrs

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100
Q

committee on style

A

morris n hamilton edited draft. preamble, articles, amendment. language: general

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101
Q

federal compromise

A

some powers given to national some to state some to both

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102
Q

ratifying

A

approve by the official body 9/13 states

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103
Q

federalists

A 
supports ratification
strong central
madison
hamilton
jay

feared power of majority

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104
Q

anti federalist

A

didn’t want to ratify, weak central
henry
hancock
S. adams

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105
Q

the federalist papers

A

essays urging ratification

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106
Q

bill of rights

A

first admendments to get states to ratify n end debates. NY n virginia was needed

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107
Q

timeline

A

The Constitutional Convention begins

Congress sends the Constitution to states for ratification

George Washington takes the oath of office as president of the United States

The Bill of Rights is ratified.

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108
Q

preamble

A

summarizes the basic ideals of the United States and explains why the Constitution was written. lays out principle n purposes. introduction

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109
Q

articles

A

2nd part of constitution. 7. main part. branches, state relations, amendment process, law of land, ratification

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110
Q

amendments

A

3rd part. alteration to the constitution. 27

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111
Q

constitution

A

an outline about how the government should be run. In fact, many parts of the Constitution can be read more as a statement of principles than as a plan for government.
vague for change/flexibility

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112
Q

judiciary act

A

created the first set of federal courts, created by congress. constitution creates supreme court

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113
Q

article 4

A

relation btw states n way conflict should b resolved. each state is a republic

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114
Q

article 5

A

how to amend, very difficult. 27. proposed by congress then ratified by states. can call for new constitutional convention

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115
Q

article 6

A

hodgepodge, general provision. constitution: supreme law of land. federal law superior to state law: supremacy clause. all officials have to take oath

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116
Q

article 7

A

ratification

how ratification must b achieved 9/13

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117
Q

necessary and proper clause-elastic clause

A

congress have power that are not stated in constitution. make laws that are necessary and proper, vague, expand power to fed gov

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118
Q

principles of constitution

A 
limited gov
popular sovereigny
federalism: division
separation of powers: branches
checks and balances
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119
Q

delegated/enumerated power/expressed powered spelled out in constitution

A

powers clearly given to fed gov by constitution. EXPRESSED

Print money
Regulate interstate (between states) and international trade
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out these powers

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120
Q

reserved power

A

powers not given to fed gov but are given to state by constitution. powers not given to fed and not prohibit for the states are given to states/ppl

Issue licenses
Regulate intrastate (within the state) businesses
Conduct elections
Establish local governments
Ratify amendments to the Constitution
Take measures for public health and safety
Exert powers that the Constitution does not delegate to the national government or prohibit the states from using

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121
Q

concurrent powers

A

powers shared by both fed n state gov

Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for the general welfare
Take private property for public purposes, with just compensation
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122
Q

pocket veto

A

If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law. can veto latw by waiting till congress goes home

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123
Q

formal amendment process

A

proposed by congress/national convention-start with states. by approved 3/4 of states/or stlegislature/convention

2/3 congress has to approve amend

38 states ratify

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124
Q

informal amendment

A

doesn’t change constitution changes way constitution function not text

congressional action
presidential action
supreme court decision
custom

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125
Q

congressional action

A

creates curt sysem n regulatory agencies

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126
Q

presidential action

A

sends forces without congress declaring war, make executive agreements

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127
Q

supreme court decision

A

judicial review-constitiutional?

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128
Q

custom

A

cabinet. no 3rd term before Franklin Roosevelt

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129
Q

implied powers

A

powers of fed that arent stated but SUGGESTED or implied by necessay and proper clause

elastic and commerce clause

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130
Q

inherent powers

A

are not stated bc they are assumed to b the duty of gov. NOT IN THE CONSITUTION

secure border, reul immigration, protection, relation with other nation-states
add territory, perserve the nation

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131
Q

denied powers

A

listed in article 1 n bill of rights
pass ex post facto laws
grant titles of nobility

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132
Q

national bank

A

Hamilton: supports, to pay bills. it is not forbidden. implied power can b used. gov apply its power by all appropriate means

Jefferson: objections to fed. national bank is not delegated. bank is not necessary. nondelegated powers are reserved to states. bank: reserved power

133
Q

supremacy clause

A

fed gov/law over state gov. fed gov looks out for state gov against invasion n domestic voilence

134
Q

full faith n credit clause

A

state cooperation n respect each other’s law

135
Q

history of federalism

A

dual: evenly divided
cooperative: collaborated
creative: expanded fed
new: powers to states

136
Q

grants in aid

A

grants of money made by one gov unit to another for spec purpose. fed supports state

categorical: spec purpose
block: general purpose

137
Q

republican gov clause

A

fed gov will protect ppl against abusive state

138
Q

indentured servants

A

workers who signed a contract to work for a home and pay their passage to US. 7 yrs

139
Q

suffrage

A

rights were reserved for the states to decide. sometimes, religion was a requirement

  1. 21 yrs old white male owned property, paid taxes
  2. white males adult
140
Q

15th amend

A

prohibited states from denying voting rights bc race/servitude.

after civil wars

141
Q

19th amend

A

gave women the right to vote

142
Q

23

A

gave ppl in Washington dc rights to vote in national

bc capital

143
Q

24

A

prohibited poll tax

144
Q

26 amend

A

lowered voting age from 21 to 18

vietnam war

145
Q

13 amend

A

banned slavery

146
Q

14

A

former slaves=citizen

147
Q

congressional reconstruction

A

gov placed confederacy under martial law until it proved it was ready for repub gov

148
Q

women’s suffrage

A

western states were first to allow women to vote

149
Q

progressive reform

A

wants to take away suffrage. per voters were being bribed or voting for the wrong ppl. laws were passed to restrict voting rights, remained till 60s

150
Q

obstacles for voters

A

poll tax
literacy test

prevent “unreliable” citizens from voting

151
Q

grandfather clause

A

if grandfather could vote, then you could, exempt from poll tax and literacy test

152
Q

end of voting obstructions

A

NAACP

Voting Rights Act: outlawed literacy test and proved registration for voters

153
Q

political participation

A

Joining a political party

Supporting parties and causes with time and money

Taking action in your community

Communicating with representatives and other officeholders

Expressing your views publicly

154
Q

canvassing

A

going door to door or calling on the phone to get the word out

155
Q

listserv

A

small email program that send message to a list of ppl

156
Q

voter apathy

A

disinterest in issues, unwillingness to participate

157
Q

factors that affect wether or not a person participates

A

Age: rock the vote, aarp

Level of education

Religious involvement

Race/ethnicity

Socioeconomic status

Competitive nature of the election

mainly: selfinterest

158
Q

factors that don’t affect participation is

A

gender

political party affiliation.

159
Q

voter turnout

A

statistic on how many ppl decide to vote usually divided by spec demographics

higher in other countries bc some require it by law

160
Q

political efficacy

A

the feeling that their vote counts and can bring meaningful change. this is what makes ppl decide to vote or not to vote.

voter fraud influences this

161
Q

voter fraud

A

Bribery
Miscounting votes
Disqualifying votes
“Stuffing” the ballot box with fraudulent votes

absentee ballot and electronic

162
Q

absentee ballot

A

ballot casted w/o appearing at the polls

163
Q

help america vote act

A

help poor places get voting machine n regulate fed elections

164
Q

political socialization

A

process through which political opinions form. mainly bc of the community

165
Q

factors that shape political opinions

A 
Family
Religion
Gender
Marital status
Race/ethnicity
Region
166
Q

demographic factors

A

relate to personal characteristics

167
Q

separation of church and state

A

in first amendment. however, religion matters in poltics bc ppl are affected by it

168
Q

politic issues affected by religious viewpoints

A

aborton
gay marriage
stem cell
environment

169
Q

lobby

A

group who tries to influence legislation on spec issue

170
Q

political model

A

model of reality made y political scientist

171
Q

poltical spectrum

A

political model classifying and studying political opinions

left wing/right wing. center: moderate

many diff ones

172
Q

liberals: left

A

gov actions should improve society, equality, CHANGE.

political programs: prgress/reform. civil liberties

radical: extreme change needed
liberal: gov should imprve society

173
Q

conservative

A

maintain society the way it is. SOCIAL ORDER
control individ action in social matters
reactionary: extreme change needed to restore order to society. protect fundamental principles of ogv

conserative: gov should maintian society the way it is

174
Q

Nolan chart

A

type of political system

freedom, not change

personal freedom n econ freedom

libertarian: free will
authoritarian: great gov control

left wing: personal over econ

right: econ over personal

175
Q

democrats-history

A

opposed fed gov intervention (Jackson). South,

176
Q

Whigs-hisotry

A

gov needed to stimulate econ

177
Q

Repub-history

A

anti-democratic
opposed slavery. big business, anti workers

Roose: greater gov involvment

178
Q

bipartisanship

A

cooperation btw parties to achieve a common goal

supported by minorities

179
Q

midterm election

A

elections held in the middle of a term. some members of congress r chosen

180
Q

civil liberties

A

freedom that protects individ from gov

181
Q

fed vs anti fed

A

conserv: strong central gov

antifedL protets individ and states rights

182
Q

new deal liberalism

A

FDR

strong central gov: conserv to liberals

183
Q

history: demo

A

conservative, south

184
Q

history: repub

A

liberal, north.

nixon: southern stragery made republican, conservative in south. liberal repub was lost

185
Q

rugged individualism

conserv

A

ppl must take responsibility for choices they make. conserv want to max those choices

186
Q

the little guy

liberal

A

person who is disadvantage. program helping ppl who can’t help themselves

187
Q

opinion poll

A

interview random ppl to measure public opinions

188
Q

straw polls

A

informal, nonscientific surveys. asking ppl at random who theyre voting for

189
Q

random sampling

A

statistical technique using part of a population to represent the whole

190
Q

gallup poll

A

Digest collected opinions from their subscriber. predicted wrongly bc poor voted for Roose. gallup: scientific polls without any influences.

191
Q

polls got it wrong

A

polls thought opinions wont change after campaign started so stop polling three weeks before election

192
Q

bias

A

sample doesn’t match the populations being surveyed

193
Q

sampling errors

A

deviation btw group samples and total population

194
Q

margin of error

A

how far off you might b

range btw sample results and result f entire population

195
Q

push poll

A

influencing the voters by pretending to take a poll and spreading negative info about the enemy

196
Q

exit polls

A

polls taken when ppl are leaving place of voting

197
Q

studying poll results

A

who took it
how they took it
what question was aked

198
Q

help america vote act

A

regulate fed election n help poor counties get voting machines

199
Q

poltical socialization

A

process thru which political attitudes are acquired

200
Q

political model

A

model of reality made by political scientist

201
Q

political spectrum

A

political model used to classify and compare political opinions

202
Q

interest groups

A

groups that try to encourage or prevent changes in public policy. influence gov/public policy

not public office

ppl with common goal

203
Q

what interest groups do

A

raise funds
distribute info to public
promote their causes directly with the gov

204
Q

linkage institution

A

organization connects ppl to gov.

political parties
lobbies
special interest groups
clubs
organization
205
Q

pressure groups

A

groups that put pressure on gov

206
Q

advocacy group

A

supporting a particular position or policy

207
Q

protest group

A

groups are opposing a particular position or policy

208
Q

lobbying groups

A

groups lobby congress

209
Q

special interest groups

A

suggests that the groups are looking out for themselves, not for the whole country

210
Q

economic interest groups

A

try to affect econ policy

industries
labor
professional organization

groups represent business, manufacturers, industries, farmers, etc

211
Q

labor unions

A

work for gov policies that benefit workers

AFL-CIO
NAM
ABA
AMA

212
Q

public interest groups

A

work for goals that are in the public interest, general welfare

improved voting
league of women voters
Common Cause

213
Q

Civil rights interest group

A

NAACP: AA rights

MALDEF: latinos rights

NOW: women

214
Q

single interest group

A

begin in small area and grow into national
MADD: drunk driving

concentrates on one issue

215
Q

gov interest groups

A

within the gov to lobby other levels of gov. bring issues of local to attention of national. mayors/governors

216
Q

religious interest groups

A

take stand on certain policy based on religious reasons

217
Q

ideological interest groups

A

work to influence gov towards their ideology, address alot of topics, classified as many types of interest groups

218
Q

interest group membership

A

strength in numbers.
include other benefits: newsletter, discount. high membership: financial support bc fees, donations

increase money, increase influence

219
Q

how interest groups get gov to do what it wants

A 
building membership
shaping public opinion
lobbying
funding
taking legal action
ranking legislators

direct mailing
amicus brief
adv

220
Q

interest groups shaping public opinion

A

they have nonmembers support their positions in order to control the US gov

w/ media presence, protesting, conference, press, printing for pub support

221
Q

interest groups lobbying

A

to influence public policy: lobby

interest groups influencing legislators directly

222
Q

lobbying

A

interest groups meet with legislature and attempt to persuade them.

selling

grass-roots pressure: ordinary ppl contact legislators demanding actions. fake grass: scripted convo

draft legislation: lobbyist gives proffes document to legislators about an issue. pre-written bill

testifying: lobbyist have credentials n testify for/against bill
accuracy: lobbyist don’t tell the truth, but they don’t lie either. want long term relationship with congress ppl=trus

223
Q

lobbyist

A

paid representative of interest groups

224
Q

Political Action Committees (PACS)

A

organization raise money for candidates running office. formed when gov prohibited interest groups from giving money to candidates. some pacs associated with an interest group others are interested in the elections only. pacs collect money from interestg n give to candiates w/ same opinion. limited amt

225
Q

amicus curiae

A

friend of the court
uses briefs to influence court cases. Briefs: written doc filed with a court by parties to lawsuit. amicus briefs are filed by ppl/group not parties. interestg files suit/suing in courts to challenge stuff

226
Q

rating congress

A

interest groups give out report cards. rate members of congress on how well they support a group’s conditions

227
Q

iron triangle

A

relation btw groups n gov is close=corruption

mutually beneficial relationship among lobbyists, fed bureau n congress

228
Q

revolving door

A

gov workers leave to work as lobbyist

229
Q

interest group regulation

A

must provide financial records, lobbyist register with House. group representing foreign must inform Department of Justice. forbid former gov employ from lobbying for one yr

230
Q

checks on iron triangle

A

other interest groups

231
Q

mass media

A 
mass communication
tv radio
newspaper.
privately owned and commerical. sell news=profit. 
media=entertainment

political bias

232
Q

tabloid press: yellow journalism

A

media that sells product thru exageration n hype

233
Q

broadcaset media:

A

sends news over airwaves

more tightly regulated than other media

234
Q

fourth estate

A

the press/media plays a role in keeping gov in check. estate: another brank in gov

235
Q

muckrakers

A

moralist writers during progressive era. corruption n abuse

236
Q

public agenda

A

set of issues public focuses on at a certain time. presented by media

derived from:
ppl
media
gov

237
Q

gatekeeping

A

control access to ppl/info

media’s ability to decide what issues will be presented

238
Q

prior restraint

A

gov can’t prevent material from being published.
exception: wartime censorship.

gov needs to have secret n control info bc national security. Homeland Security

239
Q

limits of free speech

A

media can b sued if they give false info

limited when one person’s speech will cause harm

240
Q

white house press corps

A

covering the president.
representatives from major networks. travel w/ president. report the press conference. P answer their questions. white house press secretary

241
Q

FCC report

A

fine, revoke license

242
Q

Telecommunications Act of 1996

A

it is criminal to transmit material that might be interpeted as indecent/harmful to minors

243
Q

Federal communications act

A

FCC assigns broadcast licenses

244
Q

new media

A

info age/ digital revolution

ppl are exposed to more/more info. use of digital tech is everywhere

communincation medium is interactive. more than print or broadcast

245
Q

blog

A

online journal/diaries, present news/opinions

246
Q

the dean machine

A

first pres candiadtes to use website.

247
Q

civil rights

A

rights gained by belonging to a society. 13th n 14th amend. equality

248
Q

human rights

A

fundamental rights belong to an individual. gov can’t interfer. speech, work, association with other ppl

like natural rights but about ppl respecting eachother

249
Q

natural rights

A

rights ppl have under natural law. reason.

rights ppl have bc they r ppl. enlightment

250
Q

naturalizes

A

someone from another country becoming a US citizen

251
Q

procedural due process

A

promise of fundamental fairness in legal proceeding.

defendants have to b told about charges n can defend themselves

HOW LAWS ARE APPLIED

252
Q

substantive due process

A

promise of fundamental right implicit in society.

PURPOSE OF LAW IS FAIR

253
Q

rule for a nation

A

State what principles justify your creating a new nation.

Create the new nation.

Create laws and policies that carry out those principles.

254
Q

unalienable rights

A

can’t be rid of

255
Q

state consitution

A

more detailed than national and more likely to be amended. Just about every state constitution mentions a right that is not covered by the U.S. Constitution or the Bill of Rights. During the 20th century, many — but not all — of the protections in the U.S. Bill of Rights were expanded to cover the actions of state governments.

both the federal government and the state governments provide their own sets of rights.

256
Q

habeas corpus

A

if authorities want to hold someone in custody, they have to prove that they have a legal basis for holding the person

257
Q

forbidden- bills of attainer

A

gov can’t pass this. it allows to punish a person wihtout a trial

258
Q

Jury trial

A

consitution says ppl can have trial by jury not just judge

259
Q

treason

A

only for ppl who fight in wars against US or koin the enimeies of the US n give them aid. have to have 2 witnesses. person’s family can’t be punished

260
Q

importance of court

A

That is because courts are the branch of government that does the most to define and protect rights.

261
Q

purpose of bill of irghts

A

to prevent tyranny and oppresion.

many sates conditionally ratified: only will if bill of rights is included

by madison

intended for fed gov. 14th amend expanded state rights n expand rights in the first 8 amend

262
Q

14th admendment

A

long/complex, 5 sections. states can interfere of citizen’s rights

  1. define citizenship n their rights
  2. punish states if they deny suffrage or privileges/immunities of citizens
  3. ban confederates from public office
  4. fed gov pays civil war debts
  5. congress can enforce the above sections

bc of civil war

263
Q

citizenship clause

A

dred scott v sanford: AA are not citizens n have no rights/privileges of citizenship.

section 1 of 14 overturns dred schott.

if someone is BORN in US or naturalized, they are citizen. w/ 13th means slave=citizen

264
Q

privileges n immunities clause

A

states can’t deny equal rights (privileges) and protection under the law (ummunities to citizens. protect former slaves.

slaughterhouse cases: clause applied to national cititzenship only n ppl already had protections under constitution. clause is useless n irrevelevant n doesn’t apply to the states. was destroyed

265
Q

due process clause

A

same as 5th amend but 5th focuses on federal level
14th amend focus on state level. the right to due process applies to state n fed gov.

supreme court uses this to limit state laws n legal proceedings

266
Q

equal protection clause

A

response to black codes which limits black’s ability to own property n legal contracts. made southern state accept this: no state shall deny a person in its jurisdiction. only applies to gov not business or individ.

If a law is applied to some people and not to others, they can claim rights under either the equal protection or due process clauses of the Fourteenth Amendment.

267
Q

civil rights act

A

grant citizens of every race/color full n equal benefit of all laws. not supported by former confederates.

268
Q

incorporation

A

portions of bill of rights are applied in state gov as well.

14th amendL state gov have to follow bill of rights.
almost all have been incorporated

a doctrine using due process clause

269
Q

complete incorporation

A

the Fourteenth Amendment, and particularly its privileges and immunities clause, was a plain application of the Bill of Rights to the states.

270
Q

selective incorporation

A

elected parts of the Bill of Rights are to be applied to the states. Which parts are incorporated has to be decided on a case-by-case basis.

271
Q

no incorporation

A

Fourteenth Amendment has nothing to do with the Bill of Rights.
it guarantees a general collection of fundamental natural rights, but provides no specific texts that people can appeal to beyond “fundamental fairness.

272
Q

plus incorporation

A

Fourteenth Amendment guarantees citizens the rights in some or all of the Bill of Rights, plus an added extra level of general fundamental or natural rights.

273
Q

establishment clause

A

forbid congress from establishing a national religion. cant make an official religion or give preference to one. is incorporated into state

274
Q

free exercise clause

A

prohibit congress from inhibiting free exercise of religion.

275
Q

everson v board of edu

A

state/fed gov cant set up a church

cant pass laws helping a religion or show preference

cant influence ppl to go to church against their will

cant participate in affairs of any religious group

tax cant support religious activities

276
Q

engel v vitale

A

banned prayers in school.

establishment clause

Prayer is, by definition, a religious activity.

Allowing prayer in school promotes a religious activity and violates the establishment clause of the First Amendment.

277
Q

civil religion

A

Public events that combine religion or religious emotions with civil government

278
Q

test to decide whether an activity doesn’t violate the establishment clause:
Lemon Test

A

The activity or law must have a secular purpose.
Its principal or primary effect must be one that neither advances nor inhibits religion.
The activity or law must not foster an excessive government entanglement with religion.

279
Q

limits on free exercise

A

absolutely forbid the government to punish actions that involve religion. religious belief is not superior to the law of the land.

problem occurs when one group of people’s desire to speak interferes with other people’s need for their own constitutional rights.

280
Q

madison v henry

A

henry: establish a relgion in virginia n give it tax money bc econ was bad

madison didn’t want state to define a valid religious body

281
Q

freedom of speech

A

not an absolute freedom, must b balanced with the need to preserve others

Speech, used recklessly or maliciously, can cause harm..
limits on unprotected speech.

highest protection: political speech

282
Q

unprotected speech

A

fighting words: provoke violence
copyright
obscenity
commercial speech

283
Q

sedition

A

it is designed to overthrow government or society.

284
Q

tinker v des moines

A

symbolic speech is nondisruptive polticial speech at school. not all is acceptable

285
Q

restriction on symbolic speech

A

when that symbolic speech somehow blocks a governmental interest

286
Q

symbolic speech can be regulated only if

A

gov has power to regulate it
regulation furthers a governmental interest
gov interest is unrelated to suppression of free speech
regulation doesnt prohbit any form of free speech byond what is essential o satisfy regulation

287
Q

burning flag

A

upheld by supreme court as free speech

288
Q

strict scrutiny

A

test applied to laws that infringe on fundamental freedoms n racist laws

law must:
serve a compelling state interest
minimal infringement on fund rights
no alternatives that are less restrictive

289
Q

intermediate scrutiny

A

test used less often. laws with important gov interest n dont infringe on rights. diff btw genders. treat diff groups of ppl diff

290
Q

rational basis test

A

lowest level of scrutiny.

used most often. whether law has rational basis, if yes then law is constitutional

291
Q

alien and sedition act

A

sedition: crime to criticize gov ppl in pritn
alien: required immigrants to register n the limited their mov/action. was nt renewed

292
Q

limits for freedom of the press

A

near v minnesota

libel is not protected. gov couldnt prevent publisher from writing things in the future

293
Q

prior restraint

A

censorship
gov prevents something from being publish

unconsitutional

294
Q

shield law

A

protects reporters from revealing their sources.

depends on state not fed

295
Q

slander

A

illegal, sharing hamrful facts, temporary media

296
Q

libel

A

illegal, permanent words like print. must be false and damaging and printed with the intent to cause harm

not jokes and satire

297
Q

martial privacy

A

griswold v Connecticut: wanted to outlaw birth control. Supreme C said state can’t policy matters of marital privacy.
bc its falls within penumbra of consitutional protection
n bc of substantive due process. privacy part of fairness.

affect other privacy things

298
Q

penumbra

A

an area in which something exists to a lesser degree

299
Q

roe v wade

A

PRIVACY

court used 14 rights to privacy to protect the choice of abortion

300
Q

abortion

A

First Trimester: state must allow for abortion, cant interfer

2nd: state can set regulations about where, when, how but still has to allow it
3rd: state can prevent abortion except if mother is at risk

revised to before and after viability n allow for some obstacles in path to seek abortion

301
Q

stare decisis

A

court will stand by the legal opinion of earlier cases

302
Q

webster v reproductive health services

A

state funds may be restricted in performing/assisting abortions

303
Q

Planned parenthood v casey

A

women have rights to abortion before viability.

304
Q

roe v wade

A

women have right to abortion in the first trimester

305
Q

ohio v akron center

A

minors must have parental or judicial consent for abortions

306
Q

marriage privacy

A

although the age of marriage and degree of consanguinity vary from state to state.
states separate property n inheritance from marriage

307
Q

lawrence v texas

A

privacy is a substantive right, close to a natural right, and protected by the due process clause.

lessened regulation of sexual behavior. natural right cant b infinge upon

308
Q

judicial activism

A

practice of protecting and expanding individual rights thats not presented in previous cases.
measure by how far the court has gone in changing the interpretation of the law what former

many says that Roe is this

309
Q

judicial restraint

A

judges limiting exercise of their own power. sticking closely to constitution, legislation, precedenat

310
Q

stare decisis

A

court should avoid changing their statement of the law as much as possible

311
Q

due process

A

fair rules n fair trial prevent innocent ppl from going to jail. gov must act fairly.

312
Q

eminent domain

A

gov can take private property, has to follow a procedure and pay for what it takes

313
Q

police power

A

authority of gov to impose restriction to maintain order. determined by the courts. public comes before individual

314
Q

exclusionary rule

A

Mapp v Ohio

evidence obtained illegally cant b used in a trial

315
Q

miranda rights

A

read at every arrest.

miranda v arizona

316
Q

cruel and unusual punishment

A

furman v georgia

death penalty is unconstitutional because its only imposed on poors or blacks and violated due process

317
Q

determining cruel and unusual punishment

A
  1. The “essential predicate” is “that a punishment must not by its severity be degrading to human dignity,” like torture.
  2. ”. . . a severe punishment that is obviously inflicted in wholly arbitrary fashion . . .”
  3. ”. . . a severe punishment that is clearly and totally rejected throughout society . . .”
  4. ”. . . a severe punishment that is patently unnecessary . . .”
318
Q

death penalty

A

when applied fairly is reasonable punishment. unconstitutional: certain crimes automatically is a death penalty.

319
Q

capital cases

A

cases involving death penalty. highest form of punishment.

a trial needed to estbalish guilt then a hearing ot c if death is necessary

320
Q

plessy v ferguson

A

separate and equal. challenged jim crow laws

321
Q

brown v board of edu

A

separate but equal doctrine violated equal protection clause. made segregation of public schools unconstitutional.

turning point in cuvul rights movement

322
Q

civil rights act

A

outlawed discrimination
did not pass thru congress easily

  1. Outlawed unfair application of voter requirements for minorities
  2. Outlawed discrimination in places of public accommodation, including movie theaters, hotels, and restaurants
  3. Encouraged the U.S. attorney general to file lawsuits to force desegregation of schools
  4. Formed a Commission of Civil Rights, tasked with the investigation of allegations of civil rights violations
  5. Outlawed the use of federal funds to be used for discriminatory programs
  6. Required equal employment opportunity for every citizen, regardless of race, nationality, or gender
323
Q

voting rights act

A

outlaw voting requirements like lit test n tax

324
Q

malcolm x

A

pro violence revolts

325
Q

black nationalism

A

malcome didnt support incorporation but wanted a revolution to empower blacks

326
Q

equal rights for women

A

abigal adam
many women accepted their role as natural

the feminie mystique: betty friedan

327
Q

reasonable standard

A

law allowed bc it is related to gov interest. used to restrict women’s right.

women rnt drafted because women were not allowed to serve in combat

328
Q

equal rights amendment

A

equal rights cant b denied on account of sex

didn’t ratify bc
there was a broader acceptence and less opression
judidicial activism criticism
rapid social change-birth control, antiwar.

ERA represented all traditional stuff n ppl didnt want social change

12th grade (39 decks)

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