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POLS 206 review

American National Government

What is government institutions through which public policies are made for a society
What is politics process by which are laws are made; who gets what, when, and how
What is the WHO in politics groups (race, gender, age)
What is the WHAT in politics substance of policy (healthcare, education, etc)
What is the WHEN in politics timeframe or when laws are passed; not all laws are enforced at the same time such as concealed carry
What is the HOW in politics how do we get things done (voting, write letters, protest...)
What is a policymaking system the process by which policy comes into being and evolves. People's interests, problems, and concerns create political issues for government policymakers. These issues shape policy, which in turn impacts people, their interests, problems, and concerns
What is a policy agenda The issues that attract the serious attention of public officials and other people involved in politics at a point
What is a policymaking institution? the branches of government charged with taking action on political issues.
What is public policy? a choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem
What are Dahl's principles of traditional democratic theory pt. 1? equality in voting (voting in 1,000,000 v. 400,000, which matters more?)
What are Dahl's principles of traditional democratic theory pt. 2 effective participation (battleground states, minority population and voting
What are Dahl's principles of traditional democratic theory pt. 3 enlightened understanding (freedom of information and freedom of speech)
What are Dahl's principles of traditional democratic theory pt. 4 citizen control of the agenda
What are Dahl's principles of traditional democratic theory pt. 5 inclusion (citizenship to all, but with limits)
What are the policymaking institutions? legislature. executive, bureaucracy, judiciary
What are some types of policies? fiscal, education, social services
What is the American Creed? liberty, egalitarianism (equal in opportunity), individualism, laissez-faire (free market capitalism), populism (ordinary people)
What is John Locke's philosophy? natural rights, life, liberty and property, purpose of the government is to protect, consent of the governed, limited government; Locke believed that having property is scared and granted a higher power
What are the theories of contemporary American government pt. 1 pluralism; groups compete to get stuff done; no group gets 100% of what they want 100% of the time
What is representation? a basic principle of traditional democratic theory that describes the relationship between the few leaders and many followers
What are the theories of contemporary American government pt. 2 elitism; society separated by classes; power is held by the wealthy
What are the theories of contemporary American government pt. 3 hyper pluralism; pluralism running amuck; too many group try to control policy= groups competing and nothing gets done
What is Madison's philosophy on factions? opposed them; felt that the biggest issue that would create factions was property (land and slaves); war between the have and the have nots
What did the founding fathers see as the purpose of the government? to protect life, liberty, and the pursuit of happiness
What is policy gridlock? a condition that occurs when interests conflict and no coalition is strong enough to form a majority and establish policy, so nothing gets done
What is the constitution a nation's basic law, creates political institutions
What is the Madisonian model? no factions, place as much of the government as possible beyond the direct control of the majority, separate the powers of different institutions, construct a system of checks and balances
What is Judicial Review A court's authority to examine an executive or legislative act and to invalidate that act if is unconstitutional
What are the consequences of separation of powers and checks and balances? separation of powers: one branch may control the others checks and balances: checking and/or balancing another branch may take too much time during disasters
First Amendment freedom of speech, press, and assembly; freedom to petition government
When and how did the original liberty bell crack? it cracked from tolling when John Marshall died in 1835
Second Amendment right to bear arms
Third Amendment no forced quartering of troops in homes during peacetime
Fourth Amendment no unreasonable search and seizures
Fifth Amendment grand jury indictment required for prosecution of serious crime, no second prosecution for the same offense, no compulsion to testify against oneself, no loss of life, liberty, or property with out due process of law
Sixth Amendment Right to a speedy and public trial by local, impartial jury, right to be informed of charges against oneself, right to legal counsel, right to compel the attendance of favorable witnesses, right to cross-examine witnesses
Seventh Amendment right to jury trial in civil suit where the value of controversy exceeds $20
Eighth Amendment no excessive bail or fines, no cruel and unusual punishments
Fifth Amendment pt. 2 no taking of private property for public use without just compensation
Ninth Amendment Unlisted rights are not necessarily denied; rights retained by the people
Tenth Amendment powers not delegated to the national government or denied to the states are reserved for the states or the people
What is devolution? the transfer or delegation of power to a lower level, especially by central government to local or regional administration
Fourteenth Amendment only amendment that addresses equality; no state shall make/enforce any law which shall abridge the privileges and immunities without due process
What is Federalism? shared power between state and national government
What is Unitary? centralized power at the national level
What is a Confederation? decentralized power; power to the states
What is the Supremacy Clause? The clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits.
What is the Free Exercise Clause? prohibits government from interfering with practice of religion
What is the Establishment Clause? part of the first amend. stating that "congress shall make no law respecting an establishment of religion"
What are the different types of grants? Block, categorical, project, formula
What's the differences between civil liberties and civil rights? liberties: individual constitutional protections against arbitrary governmental action; protection from the government rights: group protections against discrimination; protection from everyone else
What amendments protect which civil liberties? The Bill of Rights
What is probable cause? reasonable ground for believing that a person is guilty of a crime
Marbury v. Madison (1803) The 1803 case in which the Supreme Court asserted its power to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress.
McCulloch v. Maryland (1819) held that Congress had certain implied powers in addition to the powers enumerated in the Constitution.
Gibbons v. Ogden (1824) Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution and defined the power of Congress to regulate interstate commerce as encompassing virtually every form of commercial activity.
Lemon v. Kurtzman (1971) have a secular legislative purpose, have a primary effect that neither advances nor inhibits religion, not foster an excessive government "entanglement" with religion are the requirements that the Court ruled for Christian schools to have federal aid
Gitlow v. New York (1925) 14th amend. court case; the Court relied on the 14th amend. to rule that a state government must respect some 1st amend. rights; interpreted the 14th amend. could not abridge the freedoms of expression protected by the first amend
Barron v. Baltimore (1833) held that the Bill of Rights restrained only the national government, not the states or cities
Schenk v. United States (1919) Court upheld the conviction of a socialist who had urged resistance to the draft during WWI. Justice Holmes declared that government can limit speech if it provokes a clear and present danger
Mapp v. Ohio (1961) 4th amend. exclusionary rule; Court upheld decision ruling that the 4th amend. protection against unreasonable searches and seizures must be extended to the states.
Miranda v. Arizona (1966) court upheld that set guidelines for police questioning of accused persons to protect themselves against self-incrimination and to protect their right to counsel
Gideon v. Wainwright (1963) 6th amend. case; right to counsel in felony cases; court upheld that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer; gov't provides one if accused felon is too poor
District of Columbia v. Heller (2008) 2nd amend case; Court held that the 2nd amend. protects an individual's right to possess a firearm
Gregg v. Georgia (1976) Court upheld the constitutionality of the death penalty, as "an extreme sanction, suitable to the most extreme of crimes"
Griswold v. Connecticut (1965) 9th amend. case; right of privacy; contraception methods in Connecticut;
What is Dual Federalism? system of government in which both the states and national government remain supreme within their own spheres, each responsible for some policies
What is Cooperative Federalism? a system of government in which powers and policy assignments are shared between states and national government
What is Fiscal Federalism? pattern of spending, taxes, and providing grants in the federal system
What is a block grant? federal grants given more or less automatically to support broad programs
What is a project grant? based on merit
What is a formula grant? amount varies on formulas (need based)
What is categorical grant? federal grants that can be used for specific purposes; grants w/ strings attached
What is due process clause? part of 14th amend. stating that persons cannot be deprived of life, liberty, and property without due process of law
What is the exclusionary rule? requires courts to disregard evidence obtained illegally; The rule prohibits use of evidence obtained through unreasonable search and seizure.
What is self-incrimination? being a witness against oneself
elastic clause The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers.
extradition A legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed.
What should a government do? maintain national defense, provide public goods and services, preserve order, socialize the young, collect taxes
What are some linkage institutions? public opinion, media, political parties, interest groups, elections
What kind of democracy does America have? a representative democracy
What does the Constitution do? basic law, creates political institutions, provides certain guarantees for citizens, sets broad rules for politics
personal freedoms in the constitution? suspension of habeas corpus prohibited, bills of attainder prohibited, ex post facto laws prohibited, religious qualifications for office prohibited, right to trial by jury, and strict rules for what constitutes treason
What is habeas corpus? a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment.
What is bills of attainder an act of legislature finding a person guilty of treason or felony without trial.
what are ex post facto laws? sentence cannot be increased if the laws change or you can't be in trouble if laws change after you commit a crime
incorporation doctrine The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
congressional statute law passed by congress
presidential action decision by the president
budgetary choices legislation enactment of taxes and expenditures
regulation agency adoption and regulation
libel written defamation
slander spoken defamation
near v. minnesota unconstitutional censorship, The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
Issue with public figures and defamation they have to prove that the accusations are lies and that they were intentionally malicious
bradenburg v. ohio speech that invokes in imminent and lawless action
symbolic speech action that expresses speech
gag order an order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party.
mcdonald v chicago Court considered whether the 2 nd Amendment right to carry firearms applies to states.
disadvantages of democracy states have different levels of service, local interest counteracts with national interest, too many levels of government and too much money
full faith and credit each state must recognize official documents and judgement rendered by other states
privileges and immunities citizens of each state have privileges and of citizens of other states
grants-in-aid when one government gives money to another government
proposal to fix amendments 2/3 vote of the house of congress and national convention called by congress
ratification to fix amendments legislatures of 3/4 of states and special state conventions
necessary and proper clause 18th clause in article I of the constitution; congress will have the power to carry out of the first 17 clauses
Created by: accident_prone
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