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50 Cards in this Set

  • Front
  • Back
process of making collective decisions that resolve conflicts....politics ends up determining which set of values will guide public policy
Major Problems of Collective Action
1. Coordination
2. PD (Free Rider & Tragedy of Commons)
Prisoner's Dilemma
basic situation of pitting self-interest against collective interest
Free Rider
everyone would benefit, but no individual's contribution by itself matters, so why pay the costs if you can still get the benefits? (ex: lighthouse)
Tragedy of Commons
everyone would benefit in the long term by rationing, but each indiv. would benefit in short term by increasing use (ex: fishing)
Transaction Costs
some cost involved in simply going thru the decision making process
Conformity Costs
no collective decision matches all indiv. needs perfectly
fundamental law that defines how gov't will legitimately operate
Limits on Power of Govt
1. Bill of Rights (first 10 amendments)
2. Separation of Powers
3. Checks & Balances
4. Judicial Review
Marbury v Madison
(1803) Court established for itself the right to declare actions unconstitutional
Great Compromise
House of Rep: based on pop.
Senate: 2 for each state
Virginia Plan
wanted 2 chambers; based on pop.
NJ Plan
wanted 1 chamber w/equal number for each state
North/South Compromise
no taxing of slavery; no restrictions on slavery til 1808; right of return of runaways; 3/5th rule
Limits on We the People
- At first, only House members directly elected (Senators came later though)
- Senate terms staggered
- Electoral College chose Prez
- Voting Rights left to States
- Judges appointed for life
- No natl referendum on ballot
Why federalism here?
- Relationship w/England = Not unitary system!
- Failure of AofC = No confederation!
- Compromise
McCulloch vs Maryland
(1819) Maryland imposed tax on nat'l bank in Maryland; McCulloch wouldn't pay; Court said Maryland COULD NOT prevent the fed. gov't from having natl bank [IMPLIED POWERS SUPPORTED]
Dred Scott
Slaves = Property
Plessy v Ferguson
Separate but Equal (1896)
Brown v Board
Desegregation of public schools
Block grants
fed gov't specifics the general area in which funds must be used...local officials select the projects
Categorical Grants
can be used only for a specified activity
Necessary & Proper Clause
nat'l govt given the right to do what is nec. & proper to carry our their responsibilities
Full faith & credit clause
States must honor contracts from other states
Civil Liberties
specific liberties enjoyed by individuals; protections from gov't power; requires that a gov't NOT act in some way
1st Amendment
Free religion, speech, press, assembly, petition of gov't
Clear & Present Danger Test
Oliver Wendell Holmes: whether the speech presents a clear & present danger to others (Fire!! in a theater)
Imminent Lawless Action Test
speech can't cause imminent lawless action (Nazi had to put forth efforts to prevent lawless action)
Prior Restraint
Gov't can't prior restrain you from saying or printing something
false printed info. that greatly harms an indiv
false spoken info. that greatly harms an indiv.
Establishment Clause
gov't can't establish a specific religion or declare smtg as THE nat'l religion
Free Exercise Clause
gov't can't restrict exercise of religion unless it has a compelling interest
Roe v Wade
(1973) Abortion legal within 1st three months
Lawrence/Garner v Texas
(2003) Unconstitutional to deny privacy
14 amendment intended to...
extend the bill of rights to actions by states
Gideon v Wainwright
(1962) right to counsel
Miranda v Arizona
(1966) right to hear rights
Civil Rights
rights afforded to members of groups; protections provided BY gov't
13th Amendment
banned slavery (1865)
14th Amendment
defined citizenship; extended Bill of Rights to states; apportionment based on population; can't deny any person of life, liberty, property w/o due process
15th Amendment
right to vote shall not be denied on acount of race, color, or previous servitude
Why did Afr. Amer. vote for FDR in 1932 & 36?
- New deal economic relief
- Non-discrimination in fed. programs
- Black migration north...fewer barriers to political participation there
Civil Rights Act
(1964)equal access to jobs, public places, & places serving the public
Voting Rights Act
(1965)ended racial barriers to voting
Title IX of Education Act
(1972) bans sex discrimination in schools (women's sports teams!)
Title IX of Education Act
(1972) bans sex discrimination in schools (women's sports teams!)
5th Amendment
No: self incrimination, double jeopardy
Yes: due process
6th Amendement
Right to counsel & prompt/reasonable proceedings
8th Amendement
No excessive bail or cruel/unusual punishment