Exam 1 Terms

Political Science 1101 with Annad Snoky at University of Colorado Boulder

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By: Josh Al
Created: 2011-05-12
Size: 79 flashcards
Views: 22

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The Permanent Campaign (list 7 reasons for this)

Elections are SPACED OUT
The decay of PARTY ORGANIZATION (sunshine Govt.)
The PRIMARY SYSTEM
MASS COMMUNICATION (decay of barrier between public and private life)
PROFUSION OF INTEREST GROUPS
POLLS
MONEY

Checks and Balances

A form of representation that places clear limits on popular whims.

Developed by Madison and his colleagues who did not see majority rule as a foolproof solution to the dangers of strong government

Representative Democracy

Also know as a Republic.

Every democracy more complicated than a small town tends to be Representative Democracy. citizens elect leaders to govern them rather than choosing policies themselves.

Direct Democracy

A democracy in which all voters cast their ballots to decide relevant policy issues

Initiatives

Proposed laws or constitutional amendments placed on the ballot by citizen petition

Referenda

Laws or state constitutional amendments proposed by legislative body that require voter approval before going into effect

Articles of Confederation

A charter that was signed in 1781. The first form of American Government. It was America's first attempt at a government after declairing independence from Briton. tion

Anti-Federalist

Those who opposed the ratification of the Constitution.

Thomas Jefferson

Why did Anti-Federalist oppose the ratification of the Constitution?

Worried that the Constitution did not protect civil liberties adequately. Considered the Constitution a blueprint for national tyranny and took power away from the people.

Mayflower Compact

The first document in which colonial Americans expressly agreed to create a new government. Signed before departing; it promised a communal framework that would allow individuals to decide religious and political matters for themselves

Bill of Rights

The first ten amendments to the Constitution. Introduced by James Madison.

Declaration of Independence

THe formal announcement of the "United States: withdraw from the British Empire, written mainly by Thomas Jefferson (who was an anti-federalist).

Federalist Papers (What they are and who wrote them)

Written by Alesander Hamilton, James Madison, and John Jay. These were essays promoting the ratification of the Constitution.

Judicial Review

Constitutional Convention delegates deliberated over this issue;

should federal courts have the authority to strike down laws that violate the Constitution?

Natural Rights

Life, Liberty, and Property. These rights were protected through a seperation of powes that prevented each branch of government from grabbing too much power and therefore prevented tyranny. (John Locke)

Necessary and Proper Clause

an example of the vague language of the constitution. The constitution gave Congress the flexibility to "make all laws which shall be necessary and proper" for exercising those powers (that were given by the constitution) - allowing for the growth of congress

Separation of Powers

a system of government in which different institutions exercise the various components of governmental power

Supremacy Clause

Example of the vague language in the constitution. The clause that binds judges to treat the Constitution as the "supreme law of the land"

Three-fifths Clause

a state's slave population would be multiplied by three-fifths when determining both taxes and House seats.

Connecticut Compromise

Allowed both small and large states to have power to block legislation they opposed. Small states have power in the Senate and large states have power in the House

Virginia Plan

Parts of the constitutional compromise process, the Virginia Plan proposed two chambers, each with state representation determimed by population.

New Deal (how does it fit into the expansion of Government Power)

Initiated by FDR

Wide array of proposals expanding the fedral government's power to stimulate economic recovery. Effected by Supreme Court interpretations of the commerce clause that centralized government authority.

Block/Categorical Grants

Block: intergovernmental grants with a broad set of objectives, minimal restrictions, and maximum discretion for local officials

Categorical: Federal grants that have fairly specific regulations about how the money can be spent

Education and spending in states/state budgets vs. federal budgets

State Budgets typically fund schooling. There are federal mandates through programs like no child left behind.

Commerce Clause

Congress has the control over interstate trade.

Federalism

Multiple sources of government authority coexist, each with it's own sphere of responsibility

Cooperative federalism

Marble Cake Federalism (1900-1960s)

Accomodates growth in federal government

Federal government should increase taxes and distribute it out to states

Models/stages of federalism

1789-1900 Dual Federalism (layer cake)

1900-1960 Cooperative Federalism (marble cake) marked by Federal Grants

1960-???? Contemporary Federalism marked by changes in intergovernmental grant system and raise in unfunded mandates

Devolution

the return of governmental responsibilities to state and local governments - typically republican

Dual Sovereignty

Having a national and a state government

Most nations have a unitary system and we have dual sovereignty.

Elastic Clause (what does it refer to?)

The necessary and proper clause

If the end is legitimate...

It stretches to fit almost any policy, provided the policy is related to a Constitutionally delegated power.

Reapportionment

Every ten years (due to census) the redrawing of state legislative district lines

McCulloch v. Maryland

The supreme court granted itself the power to decide how the Constitution divided up sovereignty. 1819. Maryland could not tax a federal bank! "The power to tax is the power to destroy"

Necessary and proper clause

Also known as the elastic clause.

Congress has flexibility in carrying out its enumerated powers.

Spending clause

Congress has authority to collect revenues and use the money to provide for the "general welfare"

Supremacy clause

National Law is superior to State Law

Unfunded mandates

the imposition of federal regulations on state and local governments without the appropriation of enough money to cover their costs

Civil Liberties

Freedom from Government Interference

Civil Rights Laws (the case)

Jim Crow Laws: Permitted the segregation of races by State Action Doctrine

The Civil Rights Cases of 1883: Civil rights only applied to the public sector

Seperate but Equal: Plessey v. Ferguson

Keeping Blacks from Voting: Grandfather Clause; Poll Tax; Literacy Tax; White Primaries

Overturn Plessey v. Ferguson with Brown v. Board of Education

Smith v. Allwright

1944 white primaries were abolished in this case.

Texas v. Johnson

Court goes against public opinion and supports a persons right to burn a flag.

Clear and present danger doctrine (more generally, know about feedom of expression)

Dangerous speech is not protected but the definition as dangerous speech allowed for less censorship

Freedom of expression is a 1st amendment right

Balancing doctrine

Falling under the 1st amendment (Freedom of expression)

We must balance free speech and other public interests.

Dennis v. US (1951) - 11 nonviolent commies facing prison terms for preaching communism. Courts rulled their convictionwas constitutional.

Coercion test

The Court has defined that "Unconstitutional coercion occurs when: (1) the government directs (2) a formal religious exercise (3) in such a way as to oblige the participation of objectors."

Due process clause

Its Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights

Establishment clause (know about the supreme court and religion)

1st Amendment.

Freedom of Religion - not bullied into practicing a religion.

Use of Lemon Test by supreme court.

Lemon v. Kurtzman involving PA public schools.

Laws must have secular purpose

cannot advance or inhibit religion

Cannot entangle public officials with religious institutions or activities.

Exclusionary rule

From Matt v. Ohio

Sometimes evidence collected outside of the procedures permitted by the consitution may be admissible in court convictions ie: Police may not search homes without a search warrant HOWEVER the exclusionary rule pertaints to good faith mistakes made by police officers...

Free exercise clause

Freedom of religion based on your actions not being suppressed - the accommodation of religious practices.

Sherbet Test (from case where workers lost their job for not showing up to work on a religous holiday)

Law most promote secular goal

There has to be compelling governmental interest

the least restrictive to religious practice as possible (Minimum restriction)

Fundamental feedoms doctrine

some civil liberties are so basic to the functioning of a democratic societ that they deserve vigorous protection

Lemon test

Lemon v. Kurtzman involving public schools

Required to have clear secular purpose

Cannot advance or inhibit one religion or religion in general

Should not entangle public officials with religious institutions or activities

Obsenity

offensive communications with no redeeming social value other than titillation.

Miller v. California says it partly depends on local community standards

Plea Bargain

an agreement between prosecution and defense that the accused will admit to having committed a crime, provided that other charges are dropped and a reduced sentence is recommended.

Prior Restraint doctrine

Free speech meant that a person could say what they wanted but it didn't protect you from the consequences

Right to privacy

Origionally the right to be "left alone". represented an ability to prevent others from spreading details about one's private life.

selective incorporation

the courts began applying protections from the Bill of Rights to the states as well as the federal government.

sherbert test

related to the free exercise clause

law must promote a secular goal

there has to be a compelling governmental interest

the least restrictive to religious practice as possible

Affirmative action

Programs designed to enhance opportunities for race or gender based minorities by giving them special consideration in recruitment or promotion dicisions.

African Americans and the push for rights in the 20th century

See notes highlighted in red... Shelly v. Kraemer; Smith v. Allwright; Brown v. Board of Education; Election of JFK; Civil Rights act of 1964; Voting rights act of 1965; Increase of african americans in politics from 1960s - 2000s

24th ammendment to the constitiution

Not long ago, citizens in some states had to pay a fee to vote in a national election. This fee was called a poll tax. On January 23, 1964, the United States ratified the 24th Amendment to the Constitution, prohibiting any poll tax in elections for federal officials.

Brown v. Board of Education

Overturned Plessey v. Ferguson which allowed state sponsored segregation

Warren Court

Seperate educational facilities are inherently unequal.

Gideon v. Wainwright

Court needs to hire you proper legal counsel (under the sixth amendment)

Civil disobedience

a peaceful violation of a law, designed to dramatize that law's injustice. Think Rosa Parks...

Civil Rights

Freedom of equal treatment for everyone under the law

De facto segregation

Result of private or personal decisions of individuals as appeared in the North

De jure segregation

Segregation of races by law. The courts rulled the equal protection clause forbade this "southern style" of segregation.

Equal protection clause

14th amendment

States must give everyone equal protectionof the law

ERA (Equal Rigths Amendments)

Amendment pushed by NOW (national organization of women) to ensconce equal treatment (for women) in the constitution. It ultimatly failed but it caused the supreme court to rule with "Strict Scrutiny" in these types of cases

Grandfather clause

You can only vote if your grandfather voted

Jim Crow Laws

laws in the south that segregated the races. this was a result of the Blacks being deprived of their voting rights through things such as the literacy clause, grandfather clause, and poll taxes.

Quotas

in reference to affirmative action, these were strict numbers of a specific gender or race that were to be admited to a university or considered for promotion.

Regents of UCA v. Bakke Court ruled against quota systems.

Reconstruction

Union occupation of the south betwee 1866-1875

Passage of civil rights acts to ensure African Americans have their rights

End of reconstruction with the election of Hayes and things went back to the way the were. - Jim Crow laws, Civil Rights Cases, Seperate but Equal

Separate but equal doctrine (relevant supreme court cases)

Plessey v. Ferguson

State action doctrine

Segregated the Races - Jim Crow Laws

14th amendment only applies to fedearl and state governments and not the private citizens. Businesse could do what they wanted

LBJ

Civil Rights act of 1964

Voteing Rights Act 1965

Scrutiny and the courts

Rational Scrutiny

Age

Hightened Scrutiny

Gender

Strict Scrutiny

Race

About this deck

By: Josh Al
Created: 2011-05-12
Size: 79 flashcards
Views: 22

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis