Ch 1-5 Flashcards
(137 cards)
1
Q
Politics
A
The process by which we decide how resources will be allocated and which policies the government will pursue.
2
Q
Republic
A
From Latin “Res publica” meaning for the public. System of government in which political power rests in the hand of the people, not a monarch and is exercised by elected representatives.
3
Q
Democracy
A
Rule by many, everyone has a vote
4
Q
Capitalism
A
Economic system based on private ownership and limited economic role for government.
5
Q
Anti-Federalist
A
those who did not support ratification of the constitution.
6
Q
Articles of Confederation
A
the first basis for the new nations government: adopted in 1781; created an alliance of Sovereign states held together by a weak central government.
7
Q
Bicameral legislature
A
A legislature with two houses, such as the US congress
8
Q
Bill of rights
A
The first ten amendments to the US constitution; most were designed to protect fundamental rights and liberties.
9
Q
Checks and balances
A
A system that allows one branch of government to limit the exercise of power by another branch; requires the various parts of government to work together.
10
Q
Confederation
A
A highly decentralized form of government; sovereign states form a union for purposes such as mutual defense.
11
Q
Declaration of Independence
A
A document written in 1776 in which the American colonists proclaimed their independence form Great Britain and listed their grievances against the British King.
12
Q
Enumerated powers
A
The powers given explicitly to the federal government by the Constitution (article I, Section 8); Power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs.
13
Q
Federal system
A
A form of government in which power is divided between state government and national government.
14
Q
Great Compromise
A
A compromise between the Virginia Plan and the New Jersey Plan that created a two-house congress; representation based on population in the House of Representatives and equal representation of states in the Senate.
15
Q
Natural rights
A
the right to life, liberty and property; believed to be given by God; no government may take away.
16
Q
New jersey plan
A
A plan that called for a one- house national legislature; each state would receive one vote.
17
Q
Reserved powers
A
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government.
18
Q
Separation of powers
A
The sharing of powers among three separate branches of government.
19
Q
Social contract
A
An agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights.
20
Q
Supremacy clause
A
The statement in Article VI of the constitution that federal law is superior to laws passed by state legislature.
21
Q
The Federalist Papers
A
A collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of the ratification of the constitution.
22
Q
Three-fifths Compromise
A
A compromise between northern and southern states that called for counting all a states free population and 60% of it’s enslaved population for both federal taxation and representation in congress.
23
Q
Unicameral Legislature
A
A legislature with only one house like the confederation congress or the legislature proposed by the New Jersey Plan.
24
Q
Veto
A
The power of the president to reject a law proposed by congress
25
Virginia plan
A plan for a two house legislature; representatives would be elected to the lower house based on each states population; representatives for the upper house would be chosen by the lower house.
26
Bill of attainder
A legislative action declaring someone guilty without a trial; prohibited under the constitution.
27
Block Grant
A type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds.
28
Categorical grant
a federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria.
29
Concurrent Power
Shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court system.
30
Cooperative federalism
A style of federalism in which both levels of government coordinate their action to solve national problems, lading to the blending of layers as in a marble cake.
31
Creeping categorization
A process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants.
32
Devolution
A process in which powers from the central government in a unitary system are delegated to subnational units.
33
Dual federalism
A style of federalism in which the states and national government exercise exclusive authority in distinctly delineated spheres of authority, creating a layer cake view of federalism
34
What are “collective action / free rider problems” and why are they important?
Collective action problems occur when people have conflicting interests and feel that there is no incentive to contributing to a common good. This leads to free riding which is where an individual benefits from a collective action without contributing.
35
How is democracy defined and how does it vary in practice?
Democracy is a form of government where political power rests in the hands of the people. In ancient Greece where democracy comes from each person voted on each issue. This is referred to as a direct democracy. In the United States we have a democracy that allows the people to vote on who get to make all the decisions. This is called an indirect democracy or a representative democracy because we elect people to represent us, the people.
36
How can power be apportioned within different systems of government?
In a democracy the power lies in the hands of the people. In a monarchy the power lies within one family and is enforced by one person. In an oligarchy the power lies with a few elite people. In a totalitarian government the government holds all the power, and the people have no power. Power can be separated in many ways.
37
What sorts of balances are apparent in organizing systems of government?
The government wants to ensure that no one party has too much power. As for the United States we have a system of checks and balances that ensure that no one branch holds too much power. We also have a levels system that gives various levels of power different powers to control.
38
What is the difference between EMPIRICAL and NORMATIVE statements? Why are they Significant?
Empirical statements state what is. The truth and the facts. Normative statements state what should be. This would be more of an opinion. In politics, people tend to use normative statements when they should use empirical statements.
39
What were the main contributions of John Locke and Thomas Hobbes to our discussion?
Hobbes and Locke added a great deal to our discussion. They made me think about the balance of freedom and security. I had never really thought that deeply about how the government directly affects me. Even though I have never voted in an election, and I would not say I am too concerned with politics, the government still directly affects everything I do.
40
What are some of the different forms of government we have discussed and what distinguished them from one another?
In a democracy the power lies in the hands of the people.
In a monarchy the power lies within one family and is enforced by one person.
In an oligarchy the power lies with a few elite people.
In a totalitarian government the government holds all the power.
They are distinguished by who holds the power and how much power they hold.
41
What did the Federalist believe were some of the key problems with the Articles of Confederation? How did the new Constitution attempt to correct these issues and have the solutions proven successful over time? (Provide specific examples) EQ
It did not provide the federal government the power to tax, regulate interstate commerce, or create a standard currency to name a few. It gave the power to tax to the government. They have exercised this power very well. One example would be the 16th amendment which created a federal income tax. There is an interstate commerce clause that allows the federal government to regulate anything related to interstate commerce. This proved to be successful in Gibbons v. Ogden which set the precedent for future questions about the clause
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43
What sorts of things do people identify when they talk about being a “Good Citizen”? How do these sorts of things differ along party lines or by age or by other demographic distinctions? Why do people –who all identify as Americans - have such different ideas of what being a good citizen is? (You must provide examples to support your case and answer ALL aspects of the question)
Most older people believe that patriotism, christian values, respect for the country, and voting are important characteristics of a good citizen. These beliefs are also typically held by the republican side of the population. Younger people and democrats tend to believe that protesting and respecting other opinions are what makes a good citizen. Obviously, there are many more than these few listed. The reason why there are so many different beliefs when it comes to this is we have a large population that is very diverse, and when this happens it is very hard for people to agree on things.
44
What are some of the different forms of government we have discussed and what distinguished them from one another?
In a democracy the power lies in the hands of the people. In a monarchy the power lies within one family and is enforced by one person. In an oligarchy the power lies with a few elite people. In a totalitarian government the government holds all the power, and the people have no power.
45
What was Thomas Paine’s contribution to our discussion?
He was a massive proponent for separation from Britain in his pamphlet, Common Sense.
46
What were identified as some of the “weaknesses” (features?) of the first system of the Govt. in the US.
The biggest problem was the lack of power for the federal government. They did not have the power to tax, even though they had just fought a war and were in a great amount of debt. Keeping a standing army, regulating interstate trade, printing a single currency as well as no national legal system left the seas and frontiers vulnerable.
47
What were the key bones of contention between the Federalists and Anti-Federalists?
The Anti-Federalists believed that the constitution made the federal government too powerful and opposed a lack of a declaration of rights. The federalists believed that the checks and balances would prevent an all-powerful government and believed that a list of rights was unnecessary.
48
What were the three variations in governmental structure identified in class and what are the consequences for power distribution of adopting them?
Unitary-All power is at the top with little being passed down. Confederation-All power is at the state level with very little passed up to a federal government. Federal-Divides power into levels between the states and the federal government
49
Why are Connecticut, New Jersey and Virginia seen as important in the Constitutional Convention?
They all proposed different plans of government.
49
elastic clause
the last clause of Article I, Section 8, which enables the national government “to make all Laws which shall be necessary and proper for carrying” out all its constitutional responsibilities
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ex post facto law
law that criminalizes an act retroactively; prohibited under the Constitution
49
federalism
an institutional arrangement that creates two autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution
49
How were the issues of slavery and representation dealt with at the constitutional convention?
They mostly pushed it off. They adopted the 3/5th compromise for purposes of representation in the house and taxation as well as prohibiting congress from banning the slave trade until 1808.
49
full faith and credit clause
found in Article IV, Section 1, of the Constitution, this clause requires states to accept court decisions, public acts, and contracts of other states; also referred to as the comity provision
49
immigration federalism
the gradual movement of states into the immigration policy domain traditionally handled by the federal government
49
general revenue sharing
a type of federal grant that places minimal restrictions on how state and local governments spend the money
49
new federalism
a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes
49
nullification
a doctrine promoted by John Calhoun of South Carolina in the 1830s, asserting that if a state deems a federal law unconstitutional, it can nullify it within its borders
50
privileges and immunities clause
found in Article IV, Section 2, of the Constitution, this clause prohibits states from discriminating against out-of-staters by denying such guarantees as access to courts, legal protection, and property and travel rights
50
race-to-the-bottom
a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment
50
unfunded mandates
federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation
50
unitary system
a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated
50
venue shopping
a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals
51
writ of habeas corpus
petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal
52
Compare unitary, federal, and confederal systems of government. What are held to be the advantages of a federal structure for a large diverse country such as the United States? Identify one area in which the federal system is advantageous and one in which it poses problems (You must give specific examples) EQ
In a unitary government, all power is at the top in the form of a big national government with few powers given to lower levels. In a confederation all power is given to the states with very little power being given to a weak central government. The United States has a federal system in which power is divided into levels and sections, Ie some to the states and national, then divided between legislative, executive, and judicial. Federalism is good when it provides a way for the government to protect the country in war and in trade, Ie regulating interstate commerce and keeping a standing military. Federalism finds its faults when those powers are not very well defined, Ie as in McCulloch V. Maryland or as in Gibbons V. Ogden.
53
Various periods in the evolution of federalism are described by your notes and text using different titles such as "Dual Federalism", "Cooperative Federalism", "Creative Federalism" Describe and compare at least three of these periods and conclude your essay with a comment on the status of federalism. (Be specific address all aspects of the question and provide examples) EQ
During the 1870’s e used Dual Federalism which is when both levels work in clearly defined areas, Ie the federal government did not interfere in the affairs of the states and vice versa. Cooperative federalism was born in the great depression and in it the powers of the levels intertwined, Ie federal programs helped fund schools and other services that are usually left to the states. Creative federalism bypassed the states and gave the federal government direct access to social programs such as in LBJ’s great society program. Today I feel as though every day we get closer to a unitary system of government. Increased powers are being taken over by the National government, although in the recent months this has changed towards a bit of devolution with the overturning of Roe V. Wade.
54
What are the various categories of power defined by the constitution?
Enumerated, concurrent, reserved, prohibited, and implied.
55
What does Article IV sec 1 of the US Constitution spell out?
The full faith clause.
55
Where is power in a unitary government system?
The top
56
What does the elastic clause do and why is it important?
It allows the federal government to give itself powers not specifically stated.
57
What are some of the claimed advantages of Federal systems?
It provides double security with its levels.
58
Federal Government money is distributed in various forms of grants – what are they called and how do they differ?
Block grants come with less stringent federal administrative conditions and provide recipients more flexibility over how to spend grant funds. Categorical grants are federal transfers formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria that guide project selection, performance, and financial oversight, among other things.
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blue law
a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays
60
civil liberties
limitations on the power of government, designed to ensure personal freedoms
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civil rights
guarantees of equal treatment by government authorities
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common-law right
right of the people rooted in legal tradition and past court rulings, rather than the Constitution
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conscientious objector
a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion
64
double jeopardy
a prosecution pursued twice at the same level of government for the same criminal action
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due process clause
provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis
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economic liberty
the right of individuals to obtain, use, and trade things of value for their own benefit
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eminent domain
the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment
68
establishment clause
the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
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exclusionary rule
a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained because of an illegal search or seizure cannot be used to try someone for a crime
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free exercise clause
the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices
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Miranda warning
a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights
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obscenity
acts or statements that are extremely offensive by contemporary standards
73
Patriot Act
a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
74
plea bargain
an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or to less serious charges, in exchange for more lenient punishment than if convicted after a full trial
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prior restraint
a government action that stops someone from doing something before they can do it (e.g., forbidding people to publish a book they plan to release)
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probable cause
legal standard for determining whether a search or seizure is constitutional, or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial
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right to privacy
the right to be free of government intrusion
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search warrant
a legal document, signed by a judge, allowing police to search and/or seize persons or property
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selective incorporation
the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government
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self-incrimination
an action or statement that admits guilt or responsibility for a crime
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Sherbert test
a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake, and it accomplishes its goal by the “least restrictive means” possible
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symbolic speech
form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
83
undue burden test
a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
84
Two elements in the Constitution deal with religion. Identify these two elements, describe how they differ and give one example of a situation in which they might conflict. EQ
They are both found in the first amendment. One is freedom OF religion and the other is freedom FROM religion. Freedom of religion or freedom of expression is the freedom to practice whatever religion you want without interference from the government with very few exceptions. Freedom from religion is the guarantee that the government will not impose an official religion or promote a specific religion for the the country. This can become a problem in the instance of prayer for example. Praying in school is allowed under freedom of expression, but a staff member leading a prayer is forbidden by freedom from religion.
85
The Bill of Rights is the part of the Constitution which Americans know best – but it was not originally part of the Constitution. Describe how it came to be added to the constitution and which group(s) were instrumental in pushing for it. Explain what is meant by “Negative Rights” (or liberties) in this context and give an example of this from the Bill of Rights. EQ
The farmers of the Constitution believed that a bill of rights was unnecessary and might even be limiting. The mindset was that the states should be able to decide and if you list some rights then people might assume that the unlisted ones are not rights. The only reason it was added was because the Anti-Federalists refused ratification without one, so the Federalist eventually gave in and promised a bill of rights if the Constitution was ratified. Rights require the government to provide something, Ie voting rights. Liberties, however, are the freedom to do something without interference from the government. One example being the first amendment. We say the right to free speech is more a liberty from government censorship
86
Why was a Bill of Rights added to the constitution? What were the arguments for and against?
It was added so that the Anti-Federalists would support ratification. The Anti-Federalists wanted one to protect from the federal government becoming too powerful and becoming oppressive. The Federalists believed it unnecessary because most states already had their own bill of rights.
87
How is the constitution amended? Does it always happen the same way?
An amendment can come from either congress or a convention of the states and can be approved by either most state legislatures or a ratification convention by the states. Historically it has always been proposed by congress and ratified by the state legislatures except for the 21st amendment which repealed prohibition, it went from congress to a ratification convention.
88
What protections are offered by the Bill of Rights? Protections for whom and from what?
Examples are freedom of speech and religion, the right to bear arms, and the right to a speedy trial, among others. They are protections for people from the government
89
Do these protections ever conflict? How? Why? Provide examples.
Yes, the bill of rights only protected people's rights from interference by the national government until the 14th amendment.
89
What is the purpose of DUE PROCESS and how is it reflected in the 4th through 8th Amendments?
Due process is the process by which a trial must take place and protections for the accused are listed in amendments 4-8 such as the right to a speedy trial, trial by jury, no excessive bail, and no cruel or unusual punishment.
90
Which (at least 3) forms of speech are NOT PROTECTED by the Constitution?
Commercial speech, symbolic speech (actions not words) and slander/hate speech.
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affirmative action
the use of programs and policies designed to assist groups that have historically been subject to discrimination
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American Indian Movement (AIM)
the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973
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Black codes
laws passed immediately after the Civil War that discriminated against freed people and other African Americans and deprived them of their rights
94
Brown v. Board of Education
the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and “separate but equal” to be unconstitutional in public education
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Chicano
a term adopted by some Mexican American civil rights activists to describe themselves and those like them
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civil disobedience
an action taken in violation of the letter of the law to demonstrate that the law is unjust
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comparable worth
a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions
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Coverture
legal status of married women in which their separate legal identities were erased
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de facto segregation
segregation that results from the private choices of individuals
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de jure segregation
segregation that results from government discrimination
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direct action
civil rights campaigns that directly confronted segregationist practices through public demonstrations
102
Disenfranchisement
the revocation of someone’s right to vote
102
equal protection clause
a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law
103
Equal Rights Amendment (ERA)
the proposed amendment to the Constitution that would have prohibited all discrimination based on sex
104
glass ceiling
an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization—including corporations, governments, academic institutions, and religious organizations
105
grandfather clause
the provision in some southern states that allowed illiterate White people to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified
106
hate crime
harassment, bullying, or other criminal acts directed against someone because of bias against that person’s sex, gender, sexual orientation, religion, race, ethnicity, or disability
107
intermediate scrutiny
the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women
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Jim Crow laws
state and local laws that promoted racial segregation and undermined Black voting rights in the south after Reconstruction
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literacy tests
tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used to disenfranchise racial or ethnic minorities
110
Plessy v. Ferguson
the 1896 Supreme Court ruling that allowed “separate but equal” racial segregation under the equal protection clause of the Fourteenth Amendment
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poll tax
annual tax imposed by some states before a person was allowed to vote
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rational basis test
the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens
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Reconstruction
the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union
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Stonewall Inn
bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBTQ community there
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strict scrutiny
the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals
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Title IX
he section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex
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Trail of Tears
the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838–1839
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understanding tests
tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise Black voters
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white primary
a primary election in which only White people are allowed to vote.
118
Identify and describe at least three of the measures adopted in many Southern states to circumvent the Fifteenth Amendment. How were they able to prevent African Americans from exercising their constitutional right to vote and how were these measures overcome? Are these sorts of laws simply of historical interest or do they have any relevance to laws today? Be sure to provide evidence and examples to support your position. EQ
The southern states adopted poll tax, literacy tests, and grandfather clauses. These measures stopped African Americans from voting because many of them were poor and uneducated. It would not be until the voting right Act of 1965 was passed that many African Americans would be able to vote. These laws are still relevent today. State issued photo identification is needed at the polls. 13% of African Americans do not have photo identification to 5% of white as of 2012. This means that many African Americans cannot vote. In Alabama 30 of Alabama's 67 counties currently have one DVM office open once each month.
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