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Uhlir GOVT 2305 (3)
United States Government flashcards for test 3.
| Question | Answer |
|---|---|
| Grand jury | 12-24 people, determines if there is enough evidence for an indictment |
| Petit jury | 3-12 people, determines guilt |
| Double jeopardy | Barred in the US, it means trying someone for the same crime twice. |
| Due process | Government can't take away your life, liberty, or property without following the rules. |
| Substantive due process | Following the spirit (heart, intent) of the law |
| Procedural due process | Following the bare minimum required by law |
| Eminent domain | Right of the government to take private property for public good |
| 6th Amendment | Provides for a speedy and public trial in the district where crime or civil dispute occurred. Also establishes habeas corpus, the right to subpoena, and the right to an attorney. |
| 7th Amendment | Right to a jury trial in civil cases. |
| Difference between civil and criminal cases | Civil generally does not lead to jail time (very few exceptions) |
| 8th Amendment | Freedom from excessive fines, no cruel and unusual punishment. |
| 9th Amendment | Reserves powers not explicitly given to the federal government to the states |
| 10th Amendment | Reserves powers not explicitly given to the federal government to the people |
| 11th Amendment | A reiteration of 9th/10th (reserving powers) |
| 12th Amendment | Establishes that the President and VP must run on the same ticket. |
| 13th Amendment | Frees all slaves |
| 14th Amendment | Citizenship for all minorities except for Native Americans |
| 15th Amendment | Gives minority men over 21 the right to vote (except for Native Americans) |
| 16th Amendment | Income tax |
| 17th Amendment | Public votes for Senators |
| 18th Amendment | Creates prohibition |
| 19th Amendment | Women's right to vote |
| 20th Amendment | "lame duck" provision. If President cannot fulfill duties, VP takes over and selects his/her own VP. |
| 21st Amendment | Repeals prohibition |
| 22nd Amendment | Limits President to two terms |
| 23rd Amendment | Gives Washington DC 3 electoral college votes |
| 24th Amendment | Eliminates poll tax |
| 25th Amendment | Clarifies order of succession (if President dies, VP takes over and so on). |
| 26th Amendment | Lowers voting age to 18 |
| 27th Amendment | Establishes that any increase in congressional salaries will not go into effect until the next election cycle |
| Arguments for the 22nd Amendment | Wanted to avoid constitutional monarchy, thought the role of President should be larger than any one person, and that multiple reelections gives too much concentrated power on one candidate. |
| Arguments against the 22nd Amendment | Term limit could decrease importance/power of the role, switching over power during war or economic problems could prove detrimental. |
| Ex post facto | "after the fact," retroactive laws (what you did in the past is now illegal and you can be punished for it) |
| Sedition | Armed rebellion. Not a right Americans have. |
| Socialization | Process by which people learn their values, opinions, and beliefs |
| Which is the weakest? Values, opinions, or beliefs. | Opinions |
| What are values? | What you hold to be good. |
| What are beliefs? | What you hold to be true. |
| Which is the most deeply held? Values, opinions, or beliefs? | Beliefs |
| Agents of socialization | People who facilitate socialization. #1 is parents, but peers, religious leaders, and civil leaders also contribute. |
| Random sample | Randomly selected group that represents larger population |
| Halo effect | People will lie to make themselves look better. Men do this the most. |
| Life cycle effect | What stage of life you're in (example: in college) |
| Generational effect | Which generation you were born into (example: baby boomers) |
| Salience | Knowledgeable about a topic |
| Intensity | How deeply someone feels about a topic |
| Leading questions | Questions that encourage a desired answer |
| Significant difference between men and women on political issues | Men more likely to use force than women |
| Elites vs. Non elites | Usually vote similarly, but elites know things 6 months earlier from a variety (at least 3) sources, while non elites are likely to get their info from TV |
| Libertarians rational choice theory | Freedom greater than order and equality |
| Fascists rational choice theory | Order greater than freedom and equality |
| Liberals rational choice theory | Equality greater than freedom greater than order |
| Conservatives rational choice theory | Order greater than freedom greater then equality |
| Socialism rational choice theory | Equality greater than order greater than freedom |
| Communism rational choice theory | Order greater than equality greater than freedom |
| Elitism | The belief that elites should always rule |
| Top determinant in who votes | Education. The more educated be more likely to vote |
| Do older or younger people vote more? | Older |
| Do richer or poorer people vote more? | Richer |
| Do men or women vote more? | Women |
| Do minorities or non minorities vote more? | Non minorities |
| Who tends to vote republican/conservative? | Higher educated, higher economic status, 26-55, male, whites. |
| Who tends to vote democratic/liberal? | Least, lower, and highest educated. Instantly wealthy (not old money), 18-26 or 55-death, women, minorities. |
| # if senators | 2 per state plus s number based on population taken from census |
| Texas has how many electoral votes? | 38 |
| Which state has the most electoral votes? | California |
| How many electoral college votes are required to win an election? | 270 |
| Retrospective voters | Vote based on past history |
| Prospective voters | Vote based on promises or future goals |
| Realignment | Moving from one party to another |
| Dealignment | Moving to NO party affiliation (independents) |
| Pluralism | Truman's idea of how to avoid tyranny of the majority. He believed that the only way the tyranny of the majority would occur is if the majority worked as one unit. |
| Three conditions of pluralism | 1. When interests are threatened, people form a group. 2. All groups have free and equal access to government and info 3. The government acts as a referee between groups |
| 1st Amendment | Free speech (including freedom of religion) |
| Libel | Printed false statements |
| Slander | Spoken false statements |
| Sullivan rule | Malicious intent has to be present in libel/slander cases. You have to have intended harm and known it would actually cause harm. |
| Prior restraint | Government can't restrict free speech by requiring approval before something is spoken/printed |
| Schenk vs. US | Veteran toured the US convincing men to burn their draft cards, which is illegal. Case establishes the rule that your freedom of speech ends when you are inciting others to break the law. |
| 2nd Amendment | Gives the right for states to have a well-regulated militia. |
| 3rd Amendment | No quartering of soldiers in times of peace without consent of owner. |
| 4th Amendment | Protects against unreasonable search and seizure. |
| In order to obtain a warrant, you need: | (All of this is under the 4th Amendment) 1)Probable cause 2) Oath or affirmation 3) List of specific items to be searched/seized |
| Exclusionary rule | (Under the 4th Amendment) If there is an item found in an area that was not supposed to be searched, or an item found that wasn't what the warrant allowed the police to look for, it cannot be admitted as evidence |
| Plain sight | Exception to 4th Amendment. If something is visible, no search warrant is needed. |
| Exigent circumstances | Exception to 4th Amendment. If the police have a reason to believe a crime is being committed at the time, police can intervene. |
| 5th Amendment | Right to a jury in a criminal case, establishes petit and grand juries, due process. Pleading the fifth means declining to testify. |
| Sustantitive due process | Advantage to the person who is being accused. Following the heart or intent of the law. |
| Procedural due process | Advantage to the person who is accusing (police). Following the bare minimum required by law. |
| Habeus corpus | "you have a body" is literal translation. You can't be detained for no reason. 6th Amendment. |
| Right to subpoena people | Forcing someone to show up to testify. 6th Amendment. |
| Right to an attorney | You can have an attorney advocate for you. NOT Miranda rights. 6th Amendment. |
| Mancor Olson | Wrote "Logic of Collective Action" debunking Pluralism because: -People are not natural joiners -Free riders exist |
| Free riders | Mancor Olson. People who receive benefits from interest groups but don't contribute anything. |
| Privileged/Private group | Mancor Olson. Low cost, easy to assemble, can be easily formed or disbanded, one person may receive greater benefit or pay more (for example, in a study group when one person always brings the snacks) |
| Large/Latent group | Mancor Olson. Most difficult to form, least likely to form because of excessive cost, most powerful because of the number of members, difficult to keep contact among members. |
| Direct lobbying | Strategy of interest groups in which a lobbyist goes directly to representatives to tell them what the interest group wants. |
| Grassroots lobbying | Strategy of interest groups in which individual members are encouraged to contact state representatives, "take the law into their own hands." Needs to be used sparingly. |
Created by:
AnnissaM
Popular American Government sets