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105 Cards in this Set

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The Prisoner's Dilemma

The Prisoner's Dilemma is an example that shows why two purely "rational" individuals might not cooperate, even if it appears that it is in their best interests.

Collective Action Problem

public or collective goods cannot be provided if we rely on individual rationality because of:



- the free-riding problem


- public goods

Nash Equilibrium

optimal collective goods will be provided only when individuals do what is good for them and the group (society)

How can we solve the collective action problem?

- we could make free riding costly such that individuals will choose what is good for them and the group


- in real life an authority (like the government) is needed to monitor individual actions and enforce the rules

The Coordination Problem

- aside from the collective problem, there is also a risk of coordination problems; some coordination mechanisms (such as traffic lights) are needed at times to achieve optimal outcomes for the group (society)

The Revolutionary War (1775-1783)

- the first federal government was created


- it was called the Confederation


- it had no executive or judicial branches


- Congress could make decisions, but lacked enforcement


- it had a "collective action problem"

How did the fathers of the Constitution solve the collective action problem?

they ensured checks and balances within the federal government, dividing power into three branches:


- the judiciary


- the executive


- the legislature


they also provided the three branches with incentives to check one another

The powers of Congress (domestic)

- power to lay and collect taxes


- power to borrow and issue money


- power to regulate commerce among states

The powers of Congress (foreign)

- power to declare war


- power to maintain an army and a navy


- power to regulate commerce with foreign countries


- the necessary and proper clause

The necessary and proper clause

the power "to make all Laws which shall be necessary and proper carrying into Execution the foreign powers and all other powers vested in the Constitution in the Government of the United States


- the necessary and proper clause increases the powers of Congress

What were the checks on Congress?

- Congress was divided into two chambers: the House and the Senate


- Congress can pass legislation only when both chambers agree


- while the President can veto legislation, Congress can override the veto with 2/3 majority


- the Courts can declare laws unconstitutional

The Presidential powers are?

- the President can veto legislation


- Commander and Chief of the army and navy


- the President can make treaties (with consent of 2/3 of senators)


- the President can appoint public officials, judges, justices and ambassadors

The checks on the President?

- Congress can override a presidential veto (2/3 majority) and can impeach the President


- Congress can declare war, not the President


- the President must get consent from the Senate in order to make appointments and treaties


- the Courts can declare presidential actions unconstitutional

The powers of the Courts are?

- the Courts interpret the constitution and laws


- the Supreme Court can declare the actions of other branches of government unconstitutional


- lifetime appointments for judges and justices

Checks on the Courts?

- the President appoints judges and justices with the consent of the Senate


- the Courts have interpretation powers only, no legislative powers


- the courts can only act on cases brought to them

How is there conflict of interest between the three branches?

- the House represents - a districts


- the Senate represents - a state


- the President represents - the whole nation


- the Courts - represent themselves

What is the length of term for each branch?


- the House


- the Senate


- the President


- the Courts

- the House - 2 years (elected)


- the Senate - 6 years (elected)


- the President - 4 years (elected)


- the Courts - lifetime (appointed)

Who is Congress comprised of?

it is a two chamber legislature made up of:


- the House


- the Senate

How many seats are in the Senate?

each state selects two Senators

How many seats are in the House?

the number of House Representatives is proportional to each state's population

the three-fifths clause

a slave counted as three fifths of a person; the reason this happened is because the South wanted to be able to count each person and this also gave them more representation in the house

The three conditions of federalism are:

1. the same people and territory are included in both levels of government


2. the nation's constitution protects units at each level of government from encroachment by the other units


3. each unit is in a position to exert some leverage over the other

The Bill of Rights

- the first ten amendments to the US Constitution, ratified in 1791


- it is a formal statement of the fundamental rights of the people of the United states


- it put limits on the federal government, not on state governments

the 1st Amendment

freedom of religion, speech and assembly

the 2nd Amendment

the right to bear arms

the 3rd Amendment

prohibition of quartering of soldiers


- soldiers cannot use a private residence without permission from the owner of the home


the 4th Amendment

protection against unreasonable searches and seizures

the 5th Amendment

protection against self-incrimination


- it protects against a person being compelled to be a witness against himself or herself in a criminal case

the 6th Amendment

right to counsel and an impartial jury trial

the 7th Amendment

right to a jury in civil cases

the 8th Amendment

protection against cruel and unusual punishment

the 9th Amendment

the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people


- just because rights aren't written in the Constitution, doesn't mean they don't exist

the 10th Amendment

powers not delegated to the federal government are reserved to the States or the people

The necessary and proper clause

the power "to make all Laws which shall be necessary and proper carrying into Execution the foreign powers and all other powers vested in the Constitution in the Government of the United States

The commerce clause

Congress shall have the power to regulate commerce with foreign nations and among states

The supremacy clause

the US Constitution, federal statutes (laws) and treaties are "the supreme law of the land"

The New Deal (1930s)

- started as a federal response to the Great Depression (1930s)


- they focused on the "3 Rs", relief, recovery, reform


- they resulted in comprehensive welfare programs (social security)

Great Society (1960s)

- was a set of domestic programs in the US launched by president Lyndon B. Johnson


- the main goal was the elimination of poverty and racial injustice


- it created more welfare programs (Medicaid and Medicare)


- created subsidized state anti-poverty programs (Food Stamps, Head Start, etc.)


The effects of the New Deal and Great Society were:

- the federal government has meant more government regulations on the economy and welfare programs


- it turned "Federalists vs. Anti-Federalists" into "Economic liberalism (labor) vs. Economic conservatism (business)"

The types of federal grants include:

- block grants


- matching grants

Block grants

- a set sum of money given by the federal government to the states; if the money are not all spent, they remain in the federal treasury


- but states have little incentive to expand the federal program

Matching grants

- the federal government matches money spent by the states in a policy area (ex. $2-$1 federal match)


- in this case, states have strong incentives to spend more on the federal program (because they will then get more)

Unfunded Mandates

- are federal mandates ordered on the states, in which states are required to administer policies without federal aid


- if they don't adhere to the federal mandates, it results in prosecution of state officials or loss of federal grants; examples include:


- Civil Rights Act of 1964


- Education for All Handicapped Children Act of 1990


- No Child Left Behind Act of 2002

The four parts of the history of the Civil Rights of African Americans are:

1. up to the Civil War (1860s)


2. Reconstruction (1865-1877)


3. Jim Crow Era (1877-1954)


4. Civil Rights Era (1954-1965)

The Height of Slavery: up to 1865

the compromise in the Constitution


- Article I: the three-fifths clause


- Article I: allowed slave importation until 1808


- Article IV: required northern states to return fugitive slaves

Fugitive Slave Law

- a low that required northern states to return fugitive slaves; it compelled northerners to honour southerners' property claim to slaves

1. the Civil War (1861-1865)

- was a war fought to determine the survival of the Union or independence for the Confederacy


- the war had its origin in the factious issue of slavery


- the Republican Party emerged in 1854; it began as a coalition of anti-slavery advocates


- after four years of combat that destroyed much of the south, the Confederacy collapsed and slavery was abolished

2. Reconstruction (1865-1877)

- federal troops occupied the South unit they withdrew in 1877


- constitutional amendments:


- 13th Amendment - abolished slavery


- 14th Amendment - granted citizenship to former slaves


- 15th Amendment - guaranteed the right to vote


- Southern states were readmitted only after amending their constitutions to be consistent with the federal constitution

3. the Jim Crow Era (1877-1954)

- by the 1880s, white supremacy was restored in all Southern states


- Jim Crow laws were adopted


- the Supreme Court ruled the Jim Crow laws constitutional based on the "separate but equal" doctrine

Jim Crow Laws

- they mandated segregation in public schools and accommodations


- they restricted voting rights by White Primary, Poll Tax and Literacy Test


- they instituted Grandfather clauses for poor and illiterate whites

4. the Civil Rights Era (1954-1965)

- social movements in the US whose goals were to end racial segregation and discrimination


- they included:


- Brown v. Board of Education (1954)


- Montgomery Bus Boycott (1955)


- the Civil Rights Act of 1957


- the Civil Rights Act of 1964


- the Voting Rights Act of 1965

Brown v. Board of Education (1954)

- the Supreme Court declared the "separate but equal" doctrine unconstitutional


- Southern states resisted strongly


- the federal government was unwilling to implement the ruling


- this is when civil rights movements shifted from litigation to mass demonstrations against segregation

Montgomery Bus Boycott (1955)

- was a political and social protest against the policy of racial segregation on the public transit system in Montgomery, Alabama


- it was sparked by Rosa Parks who refused to surrender her seat to a white person

the Civil Rights Act of 1957

- it allowed to sue states in federal court for voting rights violations


- but guaranteed a jury trial for the violations of the law


- still, it was the first civil rights act since the Reconstruction

the Civil Rights Act of 1964

- the federal government was authorized to abolish segregation in public schools and public accommodations


- the Department of Education was authorized to withhold federal grants from schools that failed to integrate


- the Department of Justice was authorized to intervene in all civil rights cases

the Voting Rights Act of 1965

- Jim Crow Laws were abolished


- the Department of Justice was authorized to oversee the voter registration process in uncooperative states


- changes to election laws by states with a history of racial discrimination had to be approved by the Department of Justice

the political effects of the Civil Rights Movement were:

- Democrats became a party of social liberalism


- Southern whites detached themselves form the Democratic Party and eventually turned to the Republican Party


- the Civil Rights Movement provided bases for social liberalism (ex. for Latinos, Native Americans, gays)


- support for segregation in the South was replaced by social conservatism led by religious groups

civil liberties

protections of citizens from improper governmental action (negative liberty)

civil rights

obligations imposed on the government to guarantee equal citizenship and to protect citizens from discrimination (positive liberty)


- an example may be affirmative action

affirmative action

an action or policy favouring those who tend to suffer from discrimination, especially in relation to employment or education (positive discrimination)

What is the origin of civil liberties in the Constitution?

the Bill of Rights


- it was an outcome of the compromise between Federalists and Anti-Federalists


- its purpose was to protect individuals and states from the federal government

the 14th Amendment

No State shall make or enforce any law which shall shorten the privileges or immunities of citizens of the United States; nor shall any state deprive a person of life, liberty or property without due process of law; nor deny any person within its jurisdiction the equal protection of the Laws

The due process clause

individual liberties cannot be violated without due process

What is the 14th Amendment about?

- it was initially intended to protect slaves by explicitly declaring that the rights of citizenship were not subject to state controls


- despite the 14th Amendment, the meaningful guarantee of civil liberties came only after the 1960s


- it required a series of Supreme Court decisions to protect individuals from the state as well as the federal government

Which amendment protects the participation of wealthy persons and corporations in political campaigns?

- the 1st Amendment


- anyone can spend money for or against any candidates, as long as the campaign is "independent and uncoordinated"

Engel v. Vitale (1962)

a Supreme Court case that ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools


- it was justified based on the 1st Amendment

What are major federal legislations on guns?

- the Gun Control Act of 1968


- the Brady Handgun Violence Prevention Act of 1933


- the Violent Crime Control and Law Enforcement Act of 1994

The Gun Control Act of 1968

- after the assassinations of Robert F. Kennedy and Martin L. King Jr.


- the law bans the sale of weapons through the mail and restricts the sale of new machine guns

The Brady Handgun Violence Prevention Act of 1993

- named after James Brady, Reagan's speechwriter, who was disabled in the assassination attempt in 1981


- the law requires a background check and a five day waiting period for any handgun purchase

the Violent Crime Control and Law Enforcement Act of 1994

- the law banned the manufacture for civilian use of certain semi-automatic firearms, so called "assault weapons"


- it expired in 2004

Why is it so difficult to regulate guns?

- the 2nd Amendment


- but the Supreme Court's opinion shows the possibility on guns that are constitutional


- so, the difficulty is more in politics then the Constitution

NRA (National Rifle Association)

- it was founded in 1871 by the National Guard and retired Army officers to promote rifle practice


- since the 1970s, extreme 2nd Amendment activists have controlled the leadership and focused lobbying


- it has 4.3 million members (2010)


- it has a very strong ability to influence public opinion

What are some rights to privacy?

- reproductive rights (abortion)


- gay rights


- right to die

Where in the Constitution are privacy rights implied?

they are implied by the 1st, 4th, 5th and 9th amendments

Griswold v. Connecticut (1965)

a Supreme Court case that ruled that Constitution protected a right to privacy


- the case involved a Connecticut statute (law) that prohibits any person from using any drug, medicine or instrument for the purpose of preventing conception; it was deemed unconstitutional

Roe v. Wade (1973)

a Supreme Court case that extended privacy rights to a woman's decision to have an abortion

Why has the issue of abortion become such a salient (important) political issue in the US?

- it has to do with partisan control over state legislatures; what party controls state legislatures?


- the entrance of Evangelicals in politics has a lot to do with it as well

Francis Schaeffer

- was an American philosopher and Evangelical


- he was against humanism because he believed it this would destroy moral values


- he played a big part in getting Evangelicals in the US to join the fight on abortion

Jerry Falwell

- was an American Evangelical and political commentator


- he played a big part in getting Evangelicals in federal politics to fight for moral majorities organized in many states

What part did Ronald Reagan play in getting Evangelicals into politics?

- Reagan set to capture the votes of American Evangelicals


- Reagan was also pro-life and he wanted to amend the Constitution to ban abortions


- this lead to Evangelicals supporting Reagan and the Republican Party

Lawrence v. Texas (2003)

a Supreme Court case making same-sex sexual activity legal in every US state and territory


- the Supreme court ruled that homosexual relations are privacy rights protected by the Due Process Clause of the 14th Amendment

Gay rights and the Equal Protection Clause vs. the Due Process Clause

- gay rights are viewed as a civil rights issue when the Equal Protection Clause is applied


- gay rights are views as a civil liberties issue when the Due Process Clause is applied

United States v. Windsor (2013)

a Supreme Court case which ruled that restricting US federal interpretation of "marriage" and "spouse" to apply to heterosexual unions is unconstitutional under the Due Process Clause of the 5th Amendment

Who is Congress comprised of?

it is a two chamber legislature made up of:


- the House


- the Senate

Congress Election - Outline

- appointent: deciding the number of legislators to be selected by each state (Constitution)


- districting: dividing a state into house districts (state law)


- nomination: choosing each party's candidate (state law and party rule)


- campaign: winning in general election (federal law)

How are appointments made in Congress?

in the Senate:


- 2 seats for each state



in the House


- seats are assigned to states according to state population (after Census done every 10 years)

The Appointment Act of 1911

fixed the total number of the House seats to 435

How is districting organized?

- state legislatures and governors divide their state into districts


- the Supreme Court ruled that population size of districts within a state should be approximately equal


- but the ruling could not stop the practice of gerrymandering

gerrymandering

manipulating district boundaries to create partisan advantages

How are elections organized?

elections are a two step process


- primary elections: each party nominates a candidate


- general elections: candidates (from the different parties) compete with each other for seats

What are the two types of primary elections?

- closed primaries: in which voters are required to declare party affiliations in order to vote


- open primaries: in which voters can vote in the primary of either party (but not both)

How are campaigns organized?

- federal laws regulate campaign finance


- federal laws regulate how much individuals, parties and political action committees (PAC) can contribute to candidates


- however, federal law cannot regulate "independent" campaigns by interest groups or individuals, so one can donate as much money as he or she wants to a PAC campaign

Why does there tend to be a high incumbent reelection rate?

- name recognition: media attention


- resources: sizeable staff and travel allowance


- biased campaign funding: donors strongly prefer incumbents

pork-barreling

a slang term used when politicians or governments "unofficially" undertake projects that benefit a group of citizens in return for that group's support or campaign donations

Why do midterm elections tend to be a loss for the President's party?

because midterm elections tend to be a referendum on the President's performance

judicial review

the power of the Supreme Court to rule on the constitutionality of laws

The Great Compromise

the constitutional solution to congressional representation:


- equal votes in the Senate


- vote by population in the House

checks and balances

the principle that allows each branch of government to exercise some form of control over the others

amendability

the provision for the Constitution to be changes, so as to adapt to new circumstances

ratification

the process through which a proposal to amend the constitution is formally approved and adopted by vote

devolution

the transfer of powers and responsibilities from the federal government to the states

concurrent powers

powers that are shared by both the federal and state governments

nullification

declaration by a state that a federal law is void in its borders

What are the three levels of classification for laws that treat people differently?

1. suspect classification


2. quasisuspect classification


3. nonsuspect classification

NAACP (National Association for the Advancement of Coloured People)

in interest group founded to promote the civil rights of African Americans