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79 Cards in this Set

  • Front
  • Back
principle that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom of others
the notion that all individuals are equal in their moral worth, their treatment under law, and their political voice
idea that people are the ultimate source and proper beneficiary of governing authority and must have a voice in how they are governed
the process through which society settles its conflicts and decides the policies by which it will be governed
social contract
(Thomas Hobbes) ordinary people surrender the freedom they would have in a state of nature in return for the protection that a sovereign ruler can provide
form of govt in which people govern, either directly or through elected representatives
control rests with a small group
control rests with a single individual (king or dictator)
holds that there are limits on the rightful power of govt over its citizens
authoritarian governments
repress their political opponents as a means of staying in power, although they do so to varying degrees
totalitarian governments
assert complete dominance over individuals and the institutions of society
the govt should interfere with the economy as little as possible
assigns govt a large role in the ownership of the means of production, in economic decision making, and in providing for the economic security of the individual
govt owns most or all major industries and also takes responsibility for overall management of the economy
public policy
decision by the govt to pursue a particular course of action
ability of persons, interests, or institutions to control public policy
the right to make binding decisions
the notion that the majority should prevail not only in the counting of votes but also in the determination of public policy
focuses on group activity and holds that many policies are effectively decided through power wielded by diverse (plural) interests
power is held by a small number of well-positioned, highly influential individuals
bureaucratic rule
(Max Weber) power resides in the hands of career government bureaucrats
political system
various components that are separate, but connect with one another, affecting how each performs
Thomas Hobbes
In Leviathan he argued government rests on a social contract. People give up their freedom because life in its natural state is “nasty, brutish, and short”. For this reason, people seek protection even if some rulers are cruel because the alternative is far worse.
John Locke
argued against absolutism in Second Treatise on Civil Government. He claimed all individuals have certain natural rights, including life, liberty, and property. A social contract is based on the promise that government will protect their rights, and if they fail to do so, the people can overthrow it.
Jean-Jacques Rousseau
extended the idea of social contract to include popular sovereignty. He despised absolute government. He claimed people in their natural state are innocent and happy. The only legitimate govt is one that promotes their interests and governs with their consent.
Virginia plan
called for two chamber Congress that would have supreme authority in all areas states were incompetent in (defense and interstate trade), representation based on size
New Jersey plan
stronger national government with power to tax & regulate commerce between stages, most of the Articles would stay in effect, Congress single chamber where all states have the same single vote
grants of power
method of limiting US govt by confining its scope of authority to those powers expressly granted in the Constitution
denials of power
constitutional means of limiting governmental action by listing those powers that govt is expressly prohibited from using
division of political authority between national govt and the states, enabling the people to appeal to one authority if their rights and interests are not respect by the other authority
elected representatives who obligation is to act in accordance with their own consciences as to what policies are in the best interests of the public
officeholders who are obligated to respond directly to the expressed opinions of the people they represent
constitutional democracy
type of govt in the USA today, It is democratic in its provisions for majority influence through elections and constitutional I its requirement that power gained through elections be exercised in accordance with law and with due respect for individual rights
Articles of Confederation
each state retained its “sovereignty, freedom and independence”
One legislature where every state got one vote and 9 states had to agree to pass legislation
any constitutional change had to be unanimous
denied congress power to tax
Shay's Rebellion
farmers surrounded courthouses to prevent foreclosures on their land (govt promised debt would be forgiven if fought in war, but congress ran out of money)
rebellion showed how weak the national govt was
people then decided to meet only for revising the articles of confederation but delegates at the constitutional convention ignored congress’s orders
political culture
politically relevant ideas and social practices characteristic of society: habits of action, symbols of good & evil, norms of conduct, religious practices, family & child practices
political socialization
training people in the ways of thinking, feeling, and behaving that are characteristic of a political culture
utilitarian justice
greatest good for the greatest number (but do we always know what they is)
Schenk v. US (1919)
protested the draft, “Clear & Present danger”, speech ok in peace time but can be illegal during war
Gitlow v. NY (1925)
gitlow was a socialist arrest for giving out pamphlets calling for socialism, he was charged with trying to overthrow the govt
• Is this a violation of the first amendment?
• Does the first amendment apply to the states?
• First amendment applies to both people & state
Dennis v. US (1951)
they were encouraging resistance
Yeates v. US
said it had to be very threatening before it was reasonable to convict people under first speech
Near v. Minnesota
you can get rid of newspapers if you accuse people of blatantly false things (you can sue once book is out, but you can’t stop him from publishing)
NY v. Sullivan
ad published that insulted Sullivan & wasn’t true, but on the other hand there was no reason to show it wouldn’t be true, so there was no “reckless disregard” for the truth
Reno v. ACLU
how much can you suppress what is published on internet? (Not much)
prisoner's dilemma
1. two players who are self-interested are driven solely to pareto non optimal
2. has to be pareto non optimal
Miller v California
• work must have clear intent to appeal to sexual interests
• work portrays sexual conduct in a patently offensive way
• work, taken as a whole, lacks serious political & artistic value
Lemon v. Kurtzman
• anything the state does must have a secular purpose
• primary effect neither enhances nor prohibits religion (neutral)
• does not foster excessive govt entanglement with religion
Zelman v Simmon Harris
• if it’s something that hurts religion, then it’s just as bad as something that helps religion
• defines 2nd & 3rd points of Lemon test more clearly
• gave vouchers for public school kids to go to religious private schools
• A political system in which regular elections exist in which two or more competing groups or individuals contend for control of the government
o A reasonable percentage are eligible to vote in the election
o Competition is reasonably fair with competitors having relatively similar access to the media with free press & free speech
public good
goods that are collectively produced and [freely] available to anyone’s consumption (ex. National defense, public education)
excludable public good
• Excludable public good – toll roads, college education (not free but available)
American values
Liberty, self-government, justice, equality, diversity, unity
supremacy clause
Article VI grants national government supremacy to state
McCulloch v Maryland
can’t tax the national government
John C Calhoun
had “doctrine of nullification”
dual federalism
based on the idea that a precise separation (each can only do certain things) of national and state authority was both possible and desirable
cooperative federalism
state, national, and local policymakers working together to solve problems
fiscal federalism
the expenditure of federal funds on programs run in part through state and local govts
cash payments to states/localities which then administer the federal programs
categorical grants
more restrictive type, can only be used for a designated activity
block grants
only has to stick to a general area
passing down of authority from the national government to the state and local levels
• Idea that federal authority has extended too far
• Roosevelt and Johnson have been strongest advocates of a large national govt while Nixon and Reagan the opposite
prior restraint
government prohibition of speech or publication before the fact (not allowed except rare instances)
selective incorporation
certain rights contained in the Bill of Rights become applicable through the 14th amendment to actions by the state govts
imminent lawless action
severely limits government’s power to restrict expression, legal test that says govt cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing and is likely to produce imminent lawless action
procedural due process
procedures that authorities must follow before a person can legitimately be punished for an offense
habeas corpus
gives defendants access to federal courts in order to argue that their rights under that Constitution were violated when they were convicted in a state court
exclusionary rule
bars the use in trials of evidence obtained in violation of a person’s constitutional rights
First women’s rights convention
in America 1848 in Seneca Falls, NY after Lucretia Mott and Elizabeth Cady Stanton had been barred from the main floor of an antislavery convention
Equal Credit Act of 1974
prohibits sex discrimination in the granting of financial credit
Family & Medical Leave Act 1993
up to 12 weeks unpaid leave for employees to care for a new baby or seriously ill family member
1964 Civil Rights Act
prohibits discrimination by sex, race, or national origin
equal-protection clause
in 14th amendment it says no state shall “deny to any person within its jurisdiction the equal protection of the laws”
reasonable basis test
courts require govt only to show that a particular law is reasonable (allows inequalities that are reasonably related to a legitimate govt interest)
strict-scrutiny test
a law is presumed unconstitutional unless govt can provide overwhelming evidence of its necessity (deals with race & ethnicity)
equality of result
aim of policies intended to reduce de facto discriminatory effects
affirmative action
deliberate efforts to provide full & equal opportunities in employment, education, & other areas for members of traditionally disadvantaged groups
Swann v. Charlotte-Mecklenburg County Board of Education
ruled the busing of children was an appropriate way to integrate schools that were segregated because past discrimination had contributed to the creation of racially separate neighborhoods