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79 Cards in this Set
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liberty
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principle that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom of others
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equality
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the notion that all individuals are equal in their moral worth, their treatment under law, and their political voice
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self-government
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idea that people are the ultimate source and proper beneficiary of governing authority and must have a voice in how they are governed
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politics
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the process through which society settles its conflicts and decides the policies by which it will be governed
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social contract
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(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
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democracy
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form of govt in which people govern, either directly or through elected representatives
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oligarchy
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control rests with a small group
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autocracy
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control rests with a single individual (king or dictator)
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constitutionalism
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holds that there are limits on the rightful power of govt over its citizens
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authoritarian governments
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repress their political opponents as a means of staying in power, although they do so to varying degrees
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totalitarian governments
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assert complete dominance over individuals and the institutions of society
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capitalism
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the govt should interfere with the economy as little as possible
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socialism
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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
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communism
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govt owns most or all major industries and also takes responsibility for overall management of the economy
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public policy
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decision by the govt to pursue a particular course of action
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power
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ability of persons, interests, or institutions to control public policy
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authority
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the right to make binding decisions
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majoritarianism
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the notion that the majority should prevail not only in the counting of votes but also in the determination of public policy
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pluralism
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focuses on group activity and holds that many policies are effectively decided through power wielded by diverse (plural) interests
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elitism
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power is held by a small number of well-positioned, highly influential individuals
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bureaucratic rule
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(Max Weber) power resides in the hands of career government bureaucrats
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political system
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various components that are separate, but connect with one another, affecting how each performs
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Thomas Hobbes
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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.
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John Locke
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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.
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Jean-Jacques Rousseau
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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.
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Virginia plan
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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
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New Jersey plan
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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
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grants of power
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method of limiting US govt by confining its scope of authority to those powers expressly granted in the Constitution
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denials of power
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constitutional means of limiting governmental action by listing those powers that govt is expressly prohibited from using
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federalism
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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
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trustees
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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
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delegates
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officeholders who are obligated to respond directly to the expressed opinions of the people they represent
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constitutional democracy
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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
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Articles of Confederation
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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 |
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Shay's Rebellion
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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 |
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political culture
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politically relevant ideas and social practices characteristic of society: habits of action, symbols of good & evil, norms of conduct, religious practices, family & child practices
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political socialization
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training people in the ways of thinking, feeling, and behaving that are characteristic of a political culture
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utilitarian justice
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greatest good for the greatest number (but do we always know what they is)
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Schenk v. US (1919)
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protested the draft, “Clear & Present danger”, speech ok in peace time but can be illegal during war
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Gitlow v. NY (1925)
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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 |
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Dennis v. US (1951)
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they were encouraging resistance
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Yeates v. US
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said it had to be very threatening before it was reasonable to convict people under first speech
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Near v. Minnesota
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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)
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NY v. Sullivan
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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
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Reno v. ACLU
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how much can you suppress what is published on internet? (Not much)
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prisoner's dilemma
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1. two players who are self-interested are driven solely to pareto non optimal
2. has to be pareto non optimal |
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Miller v California
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• 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 |
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Lemon v. Kurtzman
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• 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 |
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Zelman v Simmon Harris
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• 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 |
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Democracy
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• 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 |
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public good
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goods that are collectively produced and [freely] available to anyone’s consumption (ex. National defense, public education)
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excludable public good
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• Excludable public good – toll roads, college education (not free but available)
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American values
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Liberty, self-government, justice, equality, diversity, unity
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supremacy clause
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Article VI grants national government supremacy to state
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McCulloch v Maryland
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can’t tax the national government
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John C Calhoun
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had “doctrine of nullification”
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dual federalism
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based on the idea that a precise separation (each can only do certain things) of national and state authority was both possible and desirable
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cooperative federalism
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state, national, and local policymakers working together to solve problems
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fiscal federalism
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the expenditure of federal funds on programs run in part through state and local govts
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grants-in-aid
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cash payments to states/localities which then administer the federal programs
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categorical grants
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more restrictive type, can only be used for a designated activity
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block grants
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only has to stick to a general area
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devolution
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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 |
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prior restraint
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government prohibition of speech or publication before the fact (not allowed except rare instances)
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selective incorporation
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certain rights contained in the Bill of Rights become applicable through the 14th amendment to actions by the state govts
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imminent lawless action
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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
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procedural due process
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procedures that authorities must follow before a person can legitimately be punished for an offense
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habeas corpus
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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
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exclusionary rule
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bars the use in trials of evidence obtained in violation of a person’s constitutional rights
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First women’s rights convention
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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
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Equal Credit Act of 1974
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prohibits sex discrimination in the granting of financial credit
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Family & Medical Leave Act 1993
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up to 12 weeks unpaid leave for employees to care for a new baby or seriously ill family member
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1964 Civil Rights Act
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prohibits discrimination by sex, race, or national origin
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equal-protection clause
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in 14th amendment it says no state shall “deny to any person within its jurisdiction the equal protection of the laws”
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reasonable basis test
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courts require govt only to show that a particular law is reasonable (allows inequalities that are reasonably related to a legitimate govt interest)
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strict-scrutiny test
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a law is presumed unconstitutional unless govt can provide overwhelming evidence of its necessity (deals with race & ethnicity)
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equality of result
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aim of policies intended to reduce de facto discriminatory effects
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affirmative action
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deliberate efforts to provide full & equal opportunities in employment, education, & other areas for members of traditionally disadvantaged groups
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Swann v. Charlotte-Mecklenburg County Board of Education
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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
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