Final Flashcards
(110 cards)
1
Q
Machiavelli
A
Medieval philosopher who believed:
•(1) Man is significantly flawed, selfish, & fickle, which leads to human suffering of others (Wars, DRP, Famines, etc.)
•(2) Since man cannot handle liberty w/o destroying himself, he needs have order imposed on him through totalitarian government & even brutality.
•(3) Wrote the seminal work on how to acquire power and hold it at any cost. (The Prince).
1467-1527
2
Q
1st Amendment
A
Freedom of Speech, Religion, Press, Assembly, and Petitioning
3
Q
2nd Amendment
A
Right to bear arms
4
Q
4th Amendment
A
Unreasonable search & seizures, searches w/o warrant
5
Q
5th Amendment
A
Protections from: Self Incrimination, Double Jeopardy. Establishes the concept of Eminent domain, Grand juries, and Due process
6
Q
6th Amendment
A
Accused are granted: speedy & public trial info on nature & cause of charges against them Confronting of witnesses against them Power to compel witnesses to testify Guaranteed the assistance of counsel
7
Q
7th Amendment
A
Allows for government to be the entity that settles disputes between private citizens through the courts and lawsuits
8
Q
8th Amendment
A
Prohibits Government from inflicting cruel and unusual punishment
9
Q
10th Amendment
A
Powers not specifically granted to the national government in the US constitution are left to the state government
10
Q
14th Amendment
A
Government must treat every citizen equally and the national, state & local government must follow the Constitution & Bill of Rights
11
Q
Establishment Clause
A
The government cannot establish or endorse one religion or denomination over another.
12
Q
Probable Cause
A
Where the police can search your vehicle or effects if there is reasonable suspicion that illegal activity has occurred. does not pertain to the home.
13
Q
Double Jeopardy
A
forbids govt from prosecuting someone more than once for a crime where one has already been either convicted or acquitted.
14
Q
Self-Incrimination
A
Admitting or linking oneself to criminal activity. Citizens have the right to remain silent if questioned by the police or in court.
15
Q
Habeas Corpus
A
Defendant must: be informed of charges against them, and be allowed to question a judge about why they are being detained.
16
Q
Article III & Judicial Function
A
establishes the powers of the judicial branch which is limited to interpreting the meaning of laws and whether they are consistent with the constitution.
17
Q
Stare Decisis
A
Judges are required to decide cases based on how the Supreme Court or other judges have decided similar cases (precedents).
18
Q
Original Jurisdiction (definition)
A
the level of courts where almost all civil and criminal cases must start. The main Court of Original Jurisdiction is the District Court.
19
Q
Courts of Original Jurisdiction
A
District Courts ( state & federal) Probate Courts (state) Bankruptcy Courts (federal) Military Courts (federal) Administrative Law Courts (federal)
20
Q
Courts of Appellate Jurisdiction
A
Courts of Appeals (state & federal) Supreme Court (state & federal) (highest level)
21
Q
Article I, Section 8
A
lists the powers of congress & the national govt
Called Enumerated Powers
22
Q
Hecklers Veto
A
political speech cannot be banned because its distasteful or might result in a violent response.
23
Q
Judicial Activism
A
Belief that the court Should:
interpret the constitution loosely
occasionally create new rights or policies that are not specified in the Constitution
override or match the power of gongress &
24
Q
Judicial Restraint
A
Belief that courts SHOULD NOT:
make policy (policy interpreters not policy makers)
override laws passed by congress/president unless those branches act in a clearly unconstitutional matter.
25
Miranda v. Arizona
1966
Miranda arrested for rape and kidnapping
and not informed of his rights to counsel and not to incriminate himself.
Supreme Court agreed that he should have been made aware of his rights.
Precedent and law established that criminal suspects had to be made aware of their constitutional rights before being questioned by police.
"Miranda Rights"
26
majority opinion
after a vote of the 9 member court, the side with the most votes gets to write a statement regarding how they want the law interpreted or nullified by the lower courts.
27
Judicial review
where the court determines if a law is consistent with the constitution. if not the law is thrown out.
28
Marbury v. Madison
1803
Marbury was apointed by Adams on his way out of office, but did not take effect before term expired. Marbury sued and filed writ with Supreme Court
Court ruled he was entitled to commission, but they did not have original jurisdiction.
established judicial review because the court incalidated the section of the Judiciary Act of 1789 that he relied on during appeal
29
Enumerated Powers
Powers listed in Art I, sec 8 of the constitution which lay out the powers of Congress & the national govt.
30
Federalism
a system where power is shared between the national govt. and the state govt's
31
Filibuster
The use of unlimited debate by one member of the Senate to “run out the clock” on legislation, which kills the bill.
32
Article II
establishes the powers and responsibilities of the President & Bureaucracy (called the executive branch). The main function of the executive is to implement and enforce laws passed by Congress.
33
Electoral College
system for electing the president & vice president. Each state’s electoral college votes are given to the candidate who gets the most votes that that state (except in Nebraska & Maine). In order to win, a candidate must win a majority (270 out of 538) of the total electoral votes in the entire U.S.
34
Party Primary
An election to select who is going to represent a political party in the general election.
35
General Election
The election where the nominees from both parties that selects face off to actually win the office.
36
Caucus
A local meeting of political party members where a pre-determined amount of delegates are distributed to candidates in a fashion that is proportionate to the amount of supporters they have at the meeting. The more people show up for a candidate relative to others, the larger proportion of delegate points they get from that caucus.
37
Due Process
Requirement that all defendants get the same rights & process regardless of race, wealth, or appearing guilty
38
Civil Liberties
areas of social life including free speech, press and religion where the government is prohibited from intrusion or control.
39
Schenck v. U.S.
1917 Marxist passing our pamphlets that encouraged people to resist the draft and adopt communism during WWI Court ruled that even though he was exercising his right to free speech, his speech constituted a clear and present danger to others and could be banned.
40
Clear and Present Danger
government can limit your civil liberties if the exercise of those liberties is potentially harmful to others.
41
Free Exercise Clause
The government cannon restrict one from practicing their faith/religion.
42
Gerrymandering
The drawing of House district lines to give an advantage to one political party over another. This is usually done by compressing or diluting the opposition’s votes in various districts.
43
Advise and Consent
The power of the Senate to approve of presidential appointments and treaties.
44
Speaker of the House
Oversees the entire House and has a lot of influence over committee appointments and the fate of legislation. Elected by a simple majority of the House.
45
Senate Majority Leader
Has the real power in the Senate, makes committee appointments and decides when or how legislation will get heard.
46
Presidential Veto
A way for the president to kill legislation. It takes 2/3 of both chambers to override.
47
Take Care Clause
Constitutional provision that establishes the power of the executive branch to carryout, implement, and enforce laws passed by Congress.
48
Public Interest Groups
Not for Profit Groups who seek policies favorable to their interests or causes.
49
Lobbyist
a “hired gun” who tries to “educate” policy makers and persuade them to adopt favorable policies or deny policies that might be detrimental. Their greatest tool of influence is campaign contributions
50
Political Action Committee (PAC)
is a completely separate, related organization created by an interest group with the sole purpose of contributing to political campaigns.
51
Gideon v. Wainwright
1963
accused of burglarizing a Florida pool hall
tried & convicted w/o councel
Court ruled that the 6th amd. included the right to have counsel provided by the state if the defendant couldnt afford one.
52
Griswold v. Connecticut
1965
a law prohibited married couples from using birth control or parental counseling
Griswold convicted for giving BCP and counseling to a married couple
Court ruled that the law violated the Right to Privacy
conviction was reversed
53
Roe v. Wade
1973
supreme court struck down the anti-abortion laws of 46 stated. The basis for the ruling was the "Right to Privacy" precedent estabilished in Griswold v. Connecticut.
54
Tort Law
any type of civil wrong (except for contracts) where people sue as a result of negligence or intentional activity.
55
McCulloch v. Maryland
1819
Congress established the Bank of the U.S.
owners of locally owned banks were upset because the Bank of the U.S. was stealing their customers
Sued claiming that Art. I, Sec. 8 did not authorize Congress to establish a national bank.
Court ruled that Congress could create the bank using the Necessary & proper clause
established Supremacy Doctine and allowed congress to function beyond Art.1, Sec.8
56
Appropriations Committee
House and Senate
very powerful standing committee in Congress that oversees all government spending
57
Pork Barrel Legislation
Often unnecessary or impractical projects or tax loopholes obtained by a member of Congress. Very often, these projects are unnecessary. The projects or tax loopholes can then be exchanged for votes or campaign donations.
58
Pocket Veto
Where a president refuses to sign a piece of legislation within the last 10 days of the congressional term (term starts January 3rd ends on December 31st every year). By refusing to sign the bill dies at the end of the 10 days.
59
Line Item Veto
a way for an executive to veto certain parts of a piece of legislation without vetoing the whole thing. The President DOES NOT have this power but state governors often do.
60
Inherent Powers
extra-constitutional “super-powers” granted to the president & Congress during times of crisis or emergency.
61
Appointment Power
President’s power to appoint Cabinet members, management level officials, judges & ambassadors, and military leadership in the federal government. Appointments are subject to confirmation (Advise and Consent) by the Senate.
62
Treaty Power
is the ability of the executive branch to negotiate binding treaties between the U.S. and other nations. Treaties are usually negotiated by the Secretary of State and must be confirmed b
63
Commander & Chief
refers to the nearly absolute control that the president has over the military.
•Has the ability to hire and fire military leadership.
•Cannot unilaterally declare war, but can certainly start one.
•The President has his finger of the “the button”
•The only real power that the Congress has over the President’s role of commander in chief is the power to appropriate money and the power to impeach.
•It has been abused in the past (Ex: Vietnam)
64
Impeachment
Is part of the procedure by which an official is removed from office for unethical or criminal offenses.
65
Bureaucracy
An collection of government employees who are tasked to implement, enforce or distribute government policy and programs.
66
Patronage
rewarding political supporters and contributors with choice jobs, leadership positions, or earmarks
67
Council-Manager System
City government where a non-elected, professional city-manager makes most decisions and oversees departments. The only role of the council is to hire the manager & pass a budget and city ordinances.
68
Defamation
Unsubstantiated statements about an individual through slander or libel that harm someone's reputation or cause them economic harm.
69
Statist
generally favors government involvement in the economy to assure growth and opportunity (redistribution), but opposes government expansion of individual liberties when these are seen as threats to Christian values.
70
Communism
Totalitarian, collectivist, dystopian system that :
–Bans private property & accumulation of wealth
–Has strict control over press, information, religion, family planning & arts to eliminate greedy desires & dissent.
–Uses a lot of oversight & spying to catch dissenters
–Shuns input from citizens
–Assigns citizens to roles in the economy, military, & place of residence based on national needs & not personal preference.
71
Democratic Socialism
Progressive economic system (chosen via election) that seeks to reduce poverty and inequality through:
•Redistribution of wealth through high taxation
•Govt. control & ownership of most major industry & corporations
•Providing a plethora of social programs like free healthcare, education, unemployment, welfare, and retirement.
•Government mandates to limit environmental or social damage.
•Empowerment of labor unions over corporations & business owners.
72
Fascism
A totalitarian & dystopian ideology that includes:
–Forced Religious devotion to ruler & nation
–Mandated conformity & order
–Racial/ethnic/biological purification
–Militarism leading to imperialism
–State control of speech, press, information & arts
–Police to maintain conformity & subdue dissent.
73
Libertarian
•Laissez-faire capitalism, complete individual freedom of personal moral choices, and very low taxes.
•Government should only interfere in people’s personal choices if they are hurting someone else or their property.
•The only legitimate role of the federal government is national defense, law enforcement, and a small amount of national infrastructure (post office, interstate highways, trade rules, etc.).
•Most roads, schools, healthcare, etc. should be functions of private individuals, business, communities, or possibly local government, certainly not the national or state governments.
Poverty and social problems will be corrected by the market and not government
74
Capitalism
Economic ideology that seeks little or no government involvement, regulation or manipulation of the economy.
75
Adam Smith
one of the first philosophers to advocate capitalism and Laissez-faire economics.
1723-1790
76
Karl Marx
Economist who believed:
1) Capitalism was leading to a small group of people getting rich and most others remaining poor.
2) Workers in the industrial revolution were being grossly exploited by capitalist business owners.
3) This would eventually result in a workers revolution, after which a state of complete equality would ensue where private property and exploitation would be non-existent.
4) Considered to be the father of modern communism.
77
Exploitation
A mutual arrangement where one party gains significantly more out of the deal than the other party.
78
Social Contract Theory
The implied contract where mankind surrenders the complete liberty to do whatever he/she wants (DRP: Death, Rape & Pillage) in exchange for a more ordered, stable, & productive society.
79
Rule of Law
Means that regardless of what the majority, rulers, the wealthy, or the mob wants, the law (& Constitution) will be followed above all. The law is top dog, not the people or rulers.
80
Conservative (American)
* Preserve traditional Christian values through laws and/or rhetoric.
* Preserve low taxation and small government
* Scale Down policies that redistribute wealth from the rich to the poor.
* Support using market incentives (like tax breaks) rather than mandates to alter disagreeable actions by business, organizations & individuals
* Conservatives mostly see poverty as a consequence of bad personal choices and not a flawed system.
* Reduce & roll-back most regulation of the environment, business, and the economy
* Support the Belief that problems like poverty, global warming or social injustice are either unsolvable or will correct on their own through market pressure.
81
Liberal (American)
–Less government intervention in people’s personal moral decisions (Pro Choice on abortion, pro assisted suicide, pot use, etc.),
–More redistributive policies that funnel funds from wealthiest to the poor or downtrodden.
–More government investment in the poor and minorities to break the cycle of poverty and racism.
–Liberals see poverty as a consequence of a flawed system where neediness, racism, and greed are part of a recurring cycle that is passed on from generation to the next, therefore government should intervene.
–Supports free markets, private property and wealth, but believes that government should help the poor & minorities attain equal opportunities and preserve the environment for everyone.
82
Closed Primary
Must declare party affiliation when registering to vote.
83
Open Primary
Do not have to declare party affiliation but can only vote for one party’s slate of candidates per election. Texas has an open primary.
84
Grandy Jury Indictment
indicates that there is or is not enough evidence to take the acused to trial, in a criminal case.
85
Arraignment
Hearing where: indictment is read, defendant enters their plea, trial date is set.
86
beyond a reasonable doubt
jury is 85% sure that the defendant committed the alleged act.
87
preponderance of evidence
the standard for a civil suit where the jury only has to be more sure than not (50%+1) that the defendant is to blame. In most states, only 3/4 of the jury must be convinced to this level.
88
Diversity of Citizenship
If both parties reside in different states and the matter in question exceeds $75,000, then the Federal District Court hears the case instead of local district courts.
89
Eminent Domain
90
Swing Justice
91
Reserved Powers
92
Police Powers
93
Commerce Clause
94
Necessary & Proper Clause
Gives Congress the flexibility to go beyond the powers listed in the Article I if done so to carry out their constitutionally mandated functions.
95
Supremacy Clause
Stipulates that state or local governments cannot nullify federal laws in their states, especially if those laws are clearly the function of the national government.
96
Amendment Process
There are essentially three ways to amend the Constitution.
–Congress (2/3 both Chambers & 3/4 of State legislatures)
–State Legislatures (3/4 of the state legislatures)
–Or by convention (where a majority of voters in ¾ of the states endorse an amendment).
97
Civil Rights
98
Incorporation Doctrine
99
Civil Disobedience
100
Brown v. Board of Ed
1954
Over-ruled Plessey v. Ferguson and held that separate facilities based on races were inherently unequal. Led to the desegregation of schools.
101
Regressive Taxation
Taxes that have a set rate for everyone and are more painful to poor people because they have much less disposable income to spend.
102
Progressive Taxation
As someone makes more money, the percentage of money that they have to pay in taxes increases. Thus, it hurts poor people less because it does not cut into their disposable income.
103
Social Insurance Programs
Where the government takes money from everyone and gives it back to everyone during qualifying circumstances. Social Security is the most famous Social Ins. Program.
104
Means-Tested Programs
Programs where government takes money from everyone and redistributes it only to the needy. Food stamps are means tested.
105
Legislative Standing Committee
106
Conference Committee
107
Lawmaking Process
108
Republicanism
109
Exclusionary Rule
110
Criminal Negligence
