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Flashcards in FED MIDTERM Deck (58):
1

Individualism:

commitment to personal initiative and self-sufficiency

2

Equality:

equal in moral worth and should be equal under law

3

Liberty:

free to act as you choose so long as you don’t infringe on rights of others

4

Self-government:

consent of people is ultimate source of governmental legitimacy

5

Order of events:

British colonial era
Declaration of independence
Articles of confederation
Constitutional convention
Federalist papers
Ratification

6

New Jersey plan:

small state plan – one state, one vote in legislature
(how to apportion representation)

7

Virginia plan

Large state plan – representation based on state population
(how to apportion representation)

8

The Great Compromise:

a bicameral legislature
(how to apportion representation)

9

3/5ths Compromise:

slaves to be counted as 3/5 of a person for counting state population for the House of Representatives ( How to count slaves)

10

Separation of powers:

SCOTUS can...

declare executive action unconstitutional or unlawful if not authorized by legislation. SCOTUS can interpret congressional acts and declare congressional action unconstitutional

11

Separation of powers:

President can veto acts of...

congress, call congress into session and execute/implement acts of congress through executive agencies. President appoints SCOTUS justices

12

Separation of powers:

Congress may impeach president, may...

override veto, may investigate presidential or executive agency action, controls funding. Congress determines size of court system, confirms federal judges, may impeach judges

13


Bill of Rights

1st 10 Amendments added to encourage key states to ratify constitution

14

Judicial review:

not specific in constitution, established in Marbury v Madison

15

Election

framers believed in representative government but were suspicious of unchecked majorities, hence electoral college and senators chosen by state legislature (changed by 17th Amendment)

16


Federalism

sovereignty shared or divided between national and state governments

Intended to allow for strong national government while still protecting states’ rights. Response to weak national gov’t in Articles of Confederation that could not levy taxes or regulate interstate commerce or effectively manage defense

17

Key Enumerated Powers of Fed Govt

taxing, spending, interstate commerce, defense

18

mplied powers: necessary and proper clause (elastic clause)

to take action needed to carry out enumerated powers

19

McCullough v. Maryland:

constitutionally valid national law is supreme over conflicting state law (supremacy clause)

20

Powers reserved to states by 10th amendment

rarely used

21

Federalism in History

States’ rights view originally stronger.

22

Dredd Scott

slaves remain property even if pass into states with no slavery.

23

Dual Federalism era

the “layer cake,” separating national and state authority into two distinct spheres. Ended by the New Deal, which greatly expanded federal power

24

Contemporary federalism:

the “marble cake” (blended) approach. national government operates in many areas traditionally left to states. Often uses cooperative federalism (joint funding and administration) and fiscal federalism (federal funding, state administration)

25

Civ War Amendments and Selective Incorporation

13th, 14th and 15th Amendments – the Civil War Amendments, designed to ensure equality for emancipated slaves. 13th banned slavery, 14th overturned Dredd Scott (if born in US or naturalized, you’re a citizen), 15th prohibited denying vote based on race

Originally the 14th Equal Protection clause was intended to apply Bill of Rights to states but SCOTUS did not do so

26

Selective incorporation

applies Bill of Rights to states through due process clause of 14th Amendment. Almost all have been incorporated.

27

1st Amendment Free Expression:

What free expression is

Can be limited if “clear and present danger” or inciting imminent lawless action or true threat of violence

Obscenity not protected

Reasonable time place and manner restrictions generally ok.

28

1st Amendment Free Assembly:

Can restrict in reasonable time, place, and manner.

Preventing in advance: must show likely to cause harm and gov’t lacks alternative way to prevent harm

29

1st Amendment Free Press

Prior restraint almost never constitutional. Gov’t needs compelling reason.

Defamation – Slander is spoken defamation, libel is written. Requires at least negligence

30

1st Amendment Establishment Clause

“high and impregnable wall” of separation between church and state

School prayer and bible reading unconstitutional

Lemon test – aid to religious institutions is ok if advances a secular purpose, and primary effect neither advances nor inhibits religion, and does not foster excessive gov’t entanglement

31

1st Amendment Free Exercise Clause

Can never burden religious practice. Can only burden belief if compelling gov’t interest and using least restrictive means available

32

2nd Amendment:

Is militia clause a restriction on individual ownership? SCOTUS says 2nd amendment provides individual right to bear arms

33

Right to Privacy:

not enumerated but found in other amendments. Used in abortion case law

34

Procedural Due Process

rights of persons accused of crimes

35

4th Amendment search and seizure

need warrant based on probable cause to believe crime occurred. Exceptions: plain view, consent, search on arrest, exigent circumstances

36

5th Amendment protection against self-incrimination

must read Miranda rights
Right to counsel
No cruel and unusual punishment

37

Exclusionary Rule:

Evidence illegally obtained cannot be used. Exceptions: independent source, good faith, inevitable discovery, plain view

38

Civil Rights Movement

Brown v. Bd. of Ed. of Topeka (1954)

Overturned Plessy v Fergeson

Forced segregation violates 14th Am. Equal protection clause

Bussing minority students came later to help integrate schools, no longer required

39

Legal Tests of Equal Protection:

Strict Scrutiny (presumed unconstitutional) for race and ethnicity, intermediate scrutiny for gender, rational basis for all others

40

Civil Rights Act of 1964

equal access to public accommodations, banned discrimination in workplace for race, color, religion, sex, national origin

41

Voting Rights Act of 1965

eliminated racially discriminatory voting restrictions, preclearance for election law changes in areas with history of discrimination (preclearance no longer required)

42

Civil Rights Act of 1968

Addressed discrimination in housing and lending practices

43

Affirmative Action

race can be one factor among many, straight quotas generally not ok

44

Women’s Rights:

Equal Rights Amendment passed but never ratified.

Equal Pay Act bans wage discrimination on basis of sex

45

Know when and how suffrage was expanded

African-american men – 15th Amendment (1870)

Women – 19th Amendment (1920)

18-21 – 26th Amendment (1971)

46

Why US voter turnout is low:

Burden on individual to register

Frequent elections

Voter ID laws

Less educated and younger Americans less likely to vote

Apathy (lack of interest)

Alienation (feeling of powerlessness)

47

Alternate means of participating

Money contributions
Lobbying
Virtual participation – petitions, online activism

48

Protest Movements

Only responsible for knowing the more recent ones

49

Tea Party

Anti-tax, small government protests started in 2009

Helped Republicans take House in 2010

Influence waned after government shutdown

50

Occupy Wall Street

Anti-corporate, opposes financial oppression of individuals, started 2011

influence waned by 2012 after clashes with police

51

Black Lives Matter

Movement started online after Trayvon Martin shooting and others, 2013

Some direct action (protests, democratic convention 2016) but largely internet-participation

52

Political party:

an ongoing coalition of interests joined together in an effort to get its candidates for public office elected under a common label

Campaigns are both party and candidate centered

US is a two-party system.

53

Party Realignment:

period of extraordinary change in existing political order, where voters shift partisan support, with lasting impacts on parties’ positions and coalitions

54

Grassroots Party:

party organized at the local level

More open to citizen participation

55

Election Process

American officials are elected by winning a plurality (the most votes, not necessarily a majority of votes) of the votes in single-member districts

56

Proportional representation system:

legislative seats are allocated according to the party’s share of the popular vote

Not used in US, but used in many other countries.

This system encourages multi-party participation

57

Straight ticket voting:

voting for entire slate of one party’s candidates.

Most voters vote straight tickets now

Strong indicator of party loyalty

58

Split ticket voting

voting for some republicans and some democrats.

Less common in recent years.