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130 Cards in this Set

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1) What Supreme Court case challenged the law that stated that women were not required to register for Selective Service
Rostker v. Goldberg in 1981
If a draft were instituted, what age group of men would be involved
Ages 18 to 26
List the two forms of conscientious objectors
A conscientious objector with an aversion to the military could refuse to be involved in any military job, or a conscientious objector may not want to fire a gun but may be willing to serve in other nonviolent military jobs
List the three ways a man could be deferred from military service
If he is the sole provider in the family, if he is a conscientious objector, and if he is in a seminary and training to be a priest
What other forces besides military force does war involve?
Propaganda, coercive diplomacy, and economic sanctions
What are economic sanctions
Penalties that deny something economically in order to get a nation to do something
List the four causes of war
Lack of a world central authority or government, lack of an effective government, alliances, and groupthink
What is socialism, and relate socialism and war
Socialism is a system in which the government owns everything to achieve an economic parody. Socialists tend to avoid war because the citizenry knows that if the government botches the war, then the entire society is in trouble
State a reason a capitalist nation would go to war
Because of imperialism
State a reason a capitalist nation would not go to war
Because war always destroys goods
List two reasons why the decision to go to war is a rational decision
It tends to serve a national objective, and the leaders see the cost of war as worthwhile
How did Von Clausewitz define war
? As “one means to achieve objectives set by political leaders” and as “diplomacy by other means,” and that war is a means to an end, not a means itself
According to Clausewitz, what was the military aim?
To destroy an enemy’s warmaking capabilities, and to not use the military for other purposes
What does the E = C x W equation describe?
“E” represents battlefield effectiveness, “C” represents capabilities of the state military, and “W” represents a willingness to use capabilities
What does the D = C x W equation describe?
“D” represents deterrence, “C” represents capabilities of the state military, and “W” represents a willingness to use capabilities
What does Bellicism value?
Bellicism values war as an essential and realistic part of world policy
List the six important principles of war
Mass, surprise, economy of forces, leadership, friction, and the fog of war
What is Jus Ad Bellum?
The right to go to war
What are the five key principles of Jus Ad Bellum?
The cause must be just, a legitimate authority must have made the decision, the use of armed forces must be proportionate to the provocation, there must be some chance of success, and war must be used as a last resort
What is Jus In Bello
The right to conduct war
What are the four key principles to Jus In Bello?
Destructive and armed forces must fight against the enemy’s destructive and armed forces and against the enemy’s warmaking capabilities, a nation must make every effort to spare noncombatants, the leaders must make sure the means are proportional to a goal, a nation must avoid indiscriminate use of force and needless suffering
What three things did the National Security Act do?
It changed the Department of War to the Department of Defense, it created the CIA, and it created the National Security Council
Further define the War Powers Act
While Congress understood the president would have to respond quickly to world situations, Congress said that within 45 days, the president must go before Congress to explain why he needs to have troops in another country
What are the six expectations of government
The formation of a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, providing for the general welfare, and securing the blessings of liberty for Americans and for our posterity
Discuss Thomas Hobbes’s view on man’s natural state
Thomas Hobbes believed that man’s natural state of being was to be at war with other men
According to Hobbes, why is government necessary
Government is necessary to restrain man’s warlike, poor, brutish tendencies
What did Locke believe about man’s natural state
Man’s natural state was of perfect equality and liberty
How did Thomas Aquinas expand on Aristotle’s ideas
He gave the idea of natural law a new, Christian framework and argued that natural law and Christianity were compatible because God created the natural law that established the individual rights to life and liberty.
Define politics
The process by which public policy decisions are made
List the six characteristics of American Democracy
Popular consent, popular sovereignty, majority rules, individualism, political equality, personal liberty
What are the four characteristics of capitalism?
Private ownership of property, a free market system that follows the laws of supply and demand, a profit motive, capitalists feel the economy is going to do its best when individuals are allowed to pursue their own interests.
List the three characteristics of socialism.
Collective ownership of the means of production; that is, collective ownership of management, land, labor, and capital, equitable distribution of ownership, emphasis on cooperation and social responsibility
List the seven characteristics of conservatives.
Oppose government intervention in the economy, oppose government-sponsored social programs, support government intervention on moral issues, support a strong military and the use of force, favors a balanced budget and limited taxation, favors the state and local governments over the federal government, tend to be defenders of the status quo, and tend to oppose change
List the five characteristics of liberals.
Want to change the status quo to benefit the well-being of individuals, in favor of government intervention in the economy and social programs, oppose government interference on moral questions, oppose military expansion, believe that the government’s primary responsibility is to protect individual rights
What are the three characteristics of libertarians?
Believe the government should only be involved in national defense and protecting the free market economy, oppose any government economic and social programs as well as military intervention, oppose laws against victimless crimes such as prostitution and an individual using drugs
What Amendment, also known as the Full Faith and Credit amendment, states that a state must recognize the laws of other states?
The 12th Amendment
What four beliefs did the delegates share?
Delegates understood the need for a strong national government, they agreed the government they were going to form would be a republic, they believed in Locke’s theories on social contract, and they believed in three branches of government, separation of powers, and checks and balances
What type of vote was necessary to pass measures?
A majority vote
What quorum was needed to conduct official business at the Convention?
Seven states
Why were all proceedings secret?
If the information got out, people would not get the full story and would speculate, which would have caused chaos
Which three civilizations did the delegates base many of their ideas on?
Greek history, Roman history, and English history
What British system is based on precedents and was influential at the Constitutional Convention?
The English Common Law system
What is English Common Law based on?
Discuss the legislative weaknesses of the Articles of Confederation.
Congress did not have the power to regulate commerce amongst the states, did not have the power to impose duties and tariffs on goods, did not have the power to regulate money and finances, and did not have the power to tax
Discuss the executive weaknesses of the Articles of Confederation.
There was no provision for en executive to enforce the laws.
Discuss the judiciary weaknesses of the Articles of Confederation.
Nothing was established to settle the disputes between the states
Discuss the provision regarding representation under the Great Compromise.
The Great Compromise created a bicameral legislature
How is the number of representatives in the lower house, the House of Representatives, determined?
By the population of each state
How is the number of senators in the upper house, the Senate, determined?
There are two senators from each state regardless of population
What compromise regarding slavery did the Great Compromise create?
The Three-Fifths Compromise
Define Federalism.
The division of powers between a central government and local and state governments
Which amendment involves federalism and is important because it states that if there is a power not enumerated in the Constitution for the national government, then the power is given to the people and the state governments?
The Tenth Amendment
List several things that the national government must control over the state government.
The national government cannot deny a state members of the House of Representatives or Senate, must guarantee the territorial integrity of the states and cannot change the borders of the states, must guarantee a republican form of government, must protect each state from foreign invasion, and must assist with national disasters
What powers does the Constitution deny to the states?
States cannot print or coin their own money, cannot issue tariffs or duties, and cannot sign agreements with other nations or states without congressional approval
What does the Thirteenth Amendment state?
States cannot sanction slavery
What does the Fourteenth Amendment state?
States cannot deny individuals equal protection under the law and cannot deprive an individual life, liberty, or property without due process of law
What does the Fifteenth Amendment state?
States cannot deny a person the right to vote based on race
What does the Nineteenth Amendment state?
States cannot deny a person the right to vote based on gender
What does the Twenty-Sixth Amendment state?
States cannot deny citizens the right to vote based on age, as long as the citizen is eighteen years of age
List the seven responsibilities of the states under Federalism and the Constitution.
Education laws, marriage laws, voting and election laws, property laws, public safety laws, the welfare of the citizens, and collecting state taxes all are responsibilities of the states
What checks and balances does the executive branch have on Congress? The executive branch can appoint federal justices
What checks and balances does the executive branch have on the judiciary? The executive branch enforces the court’s decisions
What checks and balances does the legislative branch have on the executive branch?
Congress can impeach and remove the executive, can override a veto with a two-thirds majority, can confirm presidential appointments, can ratify treaties, and can authorize funds for legislation
What checks and balances does the legislative branch have on the judicial branch?
Congress has the power to remove federal judges, the power to confirm/ratify judicial appointments, and the power to confirm/ratify judicial appointments
What checks and balances does the judicial branch have on the legislative and executive branches?
The judicial branch can review the laws of Congress and can review executive decisions for their constitutionality
What are the two methods of proposing an amendment in the formal process?
Two-thirds of both houses of Congress or a national constitutional convention proposed by two-thirds of the state legislatures can propose an amendment
What are the two methods or ratifying an amendment after it has been proposed under the formal method?
Three-fourths of state legislatures (38 states) must ratify the proposed amendment or three-fourths of state conventions must ratify the proposed amendment.
What are four arguable significant weaknesses of the Constitution?
The Constitution is too complex to read and understand which results in apathy it is difficult to amend the Constitution it lacks clarity regarding the rights of minorities and it lacks legislative responsibility
What are two arguable, significant strengths of the Constitution?
The Constitution provides for experimenting regarding different ways to govern, and the citizen has input in the political process
What branch of government does Article One of the Constitution deal with?
The legislature
List three exclusive powers of the Senate.
The Senate holds the trials for impeachment cases, it must ratify all presidential appointments, and it must ratify all treaties
List two exclusive powers of the House of Representatives.
The House of Representatives has the power to impeach officials, and revenue bills originate in the House of Representatives
What branch of government does Article Two of the Constitution deal with?
The executive branch
List six enumerated powers of the executive branch.
The executive is the commander-in-chief of the military forces, has the responsibility for executing all laws, receives all ambassadors and foreign ministers and at the same time recognizes foreign governments, makes treaties with foreign nations, grants reprieves and pardons, and has the power to fill vacancies during a Senate recess
What branch of government does Article Three deal with?
The judicial branch
What does Section One establish?
A Supreme Court and the authority to create lower courts as the Supreme Court deems necessary
What amendment states that the citizens of one state cannot sue other states?
The Eleventh Amendment
What is the term describing the event when all judges in the district hear a case?
En banc
List the four main principles for selection.
The Court will take a case involving a national emergency or crisis, a case involving a conflict between how a state interprets the law and how the federal government interprets the law, a case that directly involves one of the justice’s ideologies or political philosophies, or a case affected by an interest group
In what kind of case does the Supreme Court assign an expert to represent the person who cannot afford to pay legal fees?
In Forma Pauperis cases
What Supreme Court case dealt with these cases and established full legal representation?
Gideon v. Wainright
Define Federalism and indicate the two levels of Federalism.
Federalism is defined as (level one) the division of power among the states and the national government and (level two) the division of power between the three branches of government
What two powers does the Constitution deny to both the state governments and the national government?
Ex Post Facto laws and bills of attainder
What are ex post facto laws?
Laws passed “after the fact,” thereby making previously legal activity illegal and subject to current penalty
What are bills of attainder?
Laws declaring an act illegal without a judicial trial
What is significant about McCulloch v. Maryland?
It was the first major decision of the Marshall Court to define the relationship between the national and state governments
What did the Supreme Court rule in Gibbons v. Ogden?
That Congress’s power to regulate interstate commerce included the power to regulate commercial activity without any limits except those listed in the Constitution. Thus, New York had no constitutional authority to grant a monopoly to a single steamboat operator.
What is the underlying belief of Dual Federalism?
The federal government should not exceed its enumerated powers
What were the results of Taney’s decision in Dred Scott v. Stanford?
the Missouri Compromise was unconstitutional
Relate Dual Federalism, the rights of the states, and the rights of the federal government.
With Dual Federalism, a balance existed between states rights and federal rights.
What type of Federalism existed after the Civil War?
Dual Federalism; the Court supported both the state governments and the national government
What type of federalism existed during the New Deal period?
Cooperative Federalism
What did Cooperative Federalism increase?
The role and scope of the federal government in everyday affairs
What amendment gives the states the power to determine the place and time of elections?
The Tenth Amendment
What case said that redistricting, the lining for voting districts done every ten years, must be done fairly?
Baker v. Carr
What two Supreme Court cases imposed a twenty-four hour waiting period and parental notification for abortions?
Webster v. Reproductive Rights and Casey v. Planned Parenthood
What two cases dealt with the Commerce Clause?
United States v. Lopez and Garcia v. San Antonio Metropolitan Transit Authority
What amendment was designed to ensure the national government would not impose restrictions on civil liberties?
The Ninth Amendment
What does the incorporation doctrine do?
The incorporation doctrine makes the Bill of Rights applicable to the states
What does selective incorporation state?
That not all of the freedoms in the Bill of Rights are given to the states
What amendment states that the states do not have to provide a trial by jury for each case involving civil liberties?
The Sixth Amendment
Discuss Gitlow v. Minnesota (1925).
This case involved Gitlow, who was convicted of sedition when he advocated the overthrow of the government, which went against a New York state law. The Supreme court ruled that New York had the right to have a sedition law, but starting with this case, states had to respect a person’s right to privacy.
What two rights did Near v. Minnesota (1931) give Americans?
Freedom of the press and the right to produce religious and anti-religious publications
Discuss Palko v. Connecticut (1937).
This case involved Palko, who was sentenced to prison for murder. Connecticut overturned this decision and sentenced Palko to death. Palko appealed to the Supreme Court, which took the second verdict over the first. This ruling was later reversed.
What Constitution article stated that there shall be no religious test for public office?
Article Six
What is the Neutrality Doctrine?
A three-prong test for “establishment of religion” cases
What test involves establishing statutes and deals with purpose, effect, and entanglement?
The Lemon Test, named after the plaintiff in the Supreme Court case Lemon v. Kurtzman
What did Tinker v. Des Moines (1969) involve?
Students wore black armbands to commemorate an alumni fighting in Vietnam. The school did not approve and brought the case to the Supreme Court, which ruled in favor of the students.
What did Texas v. Johnson (1989) involve?
Symbolic speech and flag burning
What is libel?
Written statements that are false and are meant to demean or defame a person’s reputation
What is slander?
Spoken statements that are false and are meant to demean or defame a person’s reputation
What Supreme Court case involved libel?
New York Times v. Sullivan (1964)
What did the Supreme Court decide in United States v. Miller?
The Supreme Court decided the National Firearms Act was constitutional
What was the Brady Bill?
An attempt to restrict weapons named after Brady, who was wounded in 1981, which stated that states had to conduct background searches at the time of purchase for weapons
What does the Fourth Amendment deal with?
Unreasonable searches and seizures
What does the exclusionary rule of the Fourth Amendment prohibit the government from using?
Illegally obtained evidence
What two Supreme Court cases involved the exclusionary rule?
Weeks v. United States (1914) and Mapp v. Ohio (1961)
In these two cases, what did the Supreme Court do?
The Supreme Court loosened the exclusionary rule with the principles of “good faith” exceptions and inevitable discoveries
What does the Fifth Amendment deal with?
What did the Supreme Court rule in Escobedo v. Illinois (1964)?
Escobedo was denied his self-incrimination rights
What did the Supreme Court rule in Miranda v. Arizona (1966)?
Police must read specific statements known as Miranda Warnings to suspects
In what case did the Supreme Court rule that the police do not need to read Miranda Warnings when the issue involved deals with public safety?
New York v. Quarles (1988)
What does the Sixth Amendment deal with, and what is the protection?
The Sixth Amendment deals with the rights of defendants in court by protecting the right to have an attorney in criminal cases
What cemented the fact that all Americans have the right to a lawyer in cases involving criminal sentences?
Powell v. Alabama (1932)
In what case did the Supreme Court rule that all Americans have the right to a lawyer in cases involving jail sentences?
Gideon v. Wainright (1965)
What does the Eighth Amendment deal with?
Cruel and unusual punishment
In what case did the Supreme Court outlaw the death penalty because of the way it was being imposed?
Furman v. Georgia (1972)
In what case did the Supreme Court reinstate the death penalty as long as its imposition met with approval?
Gregg v. Georgia (1976)
In what case did the Supreme Court list the two-part process for courts sentencing a criminal to the death penalty?
Woodson v. North Carolina (1976)
What Supreme Court case laid the groundwork for the right to privacy?
Griswold v. Connecticut (1965)