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66 Cards in this Set
- Front
- Back
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two philosophers
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locke and hobbes
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how was american approach different from western approach
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not based on philosophy
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did madison support pure democracy
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no; republic
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what kind of theorists were hobbes and locke
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social contract theory
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what event illustrated problem with faction
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rage for paper money
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dominant institution in the AOC
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state legislature
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whats worse? min or maj factions
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majority
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federal no. 10: targeted what?
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control effect
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larger or smaller republic?
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larger
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lots of reps or limited?
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limited
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structure laid out where in constitution?
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article 1
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two house legislation
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bicameral
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how many people in congress
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535
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how long terms
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2 and 6(house)
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process of allotting seats in house
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redistricting
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shady redistricting
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gerrymandering
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power of Congress that allowed Congress to become stronger over time.
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necessary and proper clause
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chamber that initiates revenue
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HOR
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centralized, rule oriented
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HOR
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leader of the house
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speaker
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speaker in last 30 years; more or less powerful
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more
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political parties: important or not
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important
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what is a standing commitee
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permanent; 40 people that work there all the time; lots of staff
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what is a conference committee
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settle the different with house and senate bill
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what is a ad-hoc/special committee
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for certain issues; One which is formed to deal with a particular issue, and will be disbanded after the issue is resolved
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joint committee?
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consisting of Members of both Houses and having jurisdiction over matters of joint interest.
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committees are controlled by what?
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majority party
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where are laws written?
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sub-comittees
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tx legislature meets ____
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once every 2 years
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how long do members serve in tx leg
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2 and 4 years
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tx leg made u of what kinds of men?
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business men and lawyers
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how many members in house and senate? (of texas)
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150;31
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historically more _____ than _____
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democrats than republicans
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president of the senate
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lieutenant governor
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the US congress is heavily ____ but TX is ____
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institutionalized but TX is nto
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exclusionary rule
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evidence collected in violation of 4th amendment is excluded in the court of law as evidence against someone
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right to seedy trial and impartial jury = what amendment
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6th amendment
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death penalty rules unconstitutional in ____; ruled constitutional in ____
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1972; 1976
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cruel and unusual punishment is what amendment?
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8th amendment
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Roe vs. wade stems off of ____
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right of privacy
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Faction
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Faction – viewed as violent; two methods to solve problem; control effect and removing its causes
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Speaker
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Speaker – leader of the house– has a lot of power elected by majority party
- Leaders work with the rules committee; decide what committees get the bill, etc. |
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Incumbency Advantage
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- name recognition*
- media* - credit for pork - positive constituent – case work - raising money is easier* |
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Oversight
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the ability of the legislative branch to oversee the executive branch
- Historically, congress was most powerful; now it the President |
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War Powers Act
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If you are president you can commit troops for 60 days but must come back to Congress for permission; they can then say that you can or cannot leave troops in foreign country; it was an attempt to try to deal with the problem of power of the war (re-assert congressional authority but ignored by the presidents since it was enacted)
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Impeachment
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- founding fathers were afraid that the president will try to cheat to gain presidency.
o Two impeached presidents - Clinton and Johnson Senate must be 2/3 by Senate o Two step process |
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Pay (tx)
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- They make about $600 a month. (7,200/year)
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speakers race
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- party caucus picks the Speaker (they don’t know who voted for or against)
In TX: - Speaker has a little “crew” - Want openness and democracy - Open election - Open race; Speaker goes around to each member and put pledge card down in front of them to get them to sign; if you don’t pledge support, he’ll “crush” you |
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2/3 rule
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- Requirement in Senate to have a vote of 2/3 vote for bill to be considered. If you have 1/3 + 1 person you can block a bill in the senate
- There is some protection in the senate to minority factions. |
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budget
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- Mandate a balanced budget
o LBB – Legislative Budget Board – TX version of CBO Have few staff (like 10) - Legislature will do the budget; governor will have his budget; give it to the comptroller; always exceed the numbers; if budget does not balance, they will not sign it; pro-business government - Do not allow deficit spending |
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lobbyist
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- TX gets their information from lobbyists
- Lobbyists don’t “buy” votes but have the ability to tell their story - Lobbying is “king” in Texas |
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Lieutenant Gov.
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Lieutenant Gov.
- the “king-pin” of the senate - selected by people of Texas - merges his electoral base with his leadership role in the Senate - “you oppose me, you oppose the people of TX” - writes the rules in the Senate - Every 4 years, Senate rewrites rules based on what the Lieu. Gov wrote - Lieu. Gov has power of recognition - If the lieu gov. thinks you’ll filibuster a bill you like, he will wait until you’re gone so you can’t filibuster |
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due process
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the principle that the government must respect all of a person's legal rights, instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. – applies to both feds and state
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religion (in constitutional rights)
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- Establishment clause – can’t have national religion
school prayer – state sanctioned – not allowed - 2. Free exercise clause – free to worship whatever you want EXCEPT you are not free to break the law |
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prior restraint
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Prior restraint is a legal term referring to a government's actions that prevent materials from being published; deemed unconstitutional
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incitement
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incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime.; not protected speech
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libel
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written
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slander
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spoken
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obscenity
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not protected; tend to define it differently over time
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2nd amendment
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right to bear arms
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4th amendment
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search and seizure
patriot act - unconstitutional |
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5th amendment
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right to not "self-incriminate"; not bear witness against onesself
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6th amendment
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speedy public trial
- impartial jury - notice of charges - right to confront - right to a counsel - right to hire an attorney to defend you but need financial support; but now attorneys can be given to you regardless of financial support - writ of habeas corpus – must go to trial within a reasonable amount of time - right to have a jury by your peers; must be a representation of the community |
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8th amendment
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- cruel and unusual punishment
- death penalty; as long as it’s not torture is not cruel or unusual |
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brady bill
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outlawed assault rifle; not renewed after 2004
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writ of habeas corpus
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- writ of habeas corpus – must go to trial within a reasonable amount of time
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