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76 Cards in this Set

  • Front
  • Back
Political Ideology
an individual’s coherent set of values and beliefs about the purpose and scope of government
Liberal values
freedom, tolerance, diversity, community, populist
human rights--life, liberty, pursuit of happiness, freedom of press, speech, and religion. Anti-Federalists
Conservative values
freedom, nuclear family, faith(Bible),
tradition, populist. Federalist
property rights
a person may accumulate and use property without any restriction so long as that endeavor does not injure anyone, damage another person's property or unnecessarily interfere with another's property rights.
What is Politics?
Lasswell--Who gets what, when and how?
Group theory of democracy. Fragmentation of power. Bargaining, compromises, and consenses.
A few selected people are in charge of working with the government.
Governed by the wealthy for the wealthy. People with money come out on top. (Elitism)
Unfair Pluralism
Lots of competing groups but one wins more than others.
Plural- Elitism
politics is deivided into separate policy arenas where narrow elites dominate usually at the expense of the public interest.
life, liverty and the pursuit of property/happiness. believed in a weak governenment and greater good of people.
too much freedom and liberty cause chaos. Believed in a strong government and that people were naturally bad.
Basic Principles of the Articles of the Confederation
Weak Government
Weaknesses of the Articles of Confederation
Did not demand taxation but rather donations.
Power involving force
Something accepted as right.
A society without a government.
Politcal Conflict
Dispute over the distribution of a societies values.
A government where everyone can get involved.
Representative Democracy
People are represented by elected representatives.
Economy is privately owned.
3 things used to write the constitution
-English Political heritage
-American models of state and colonial govt
-experience with the AofC
Magna Carta
The power of the king was not absolute.
Mayflower Compact
1620- Rules of law in new country.
First Continental Congress
1774 established lines of communication among colonies.
Second Continetal Congress
1775 created the declaration of independence.
Articles of Confederation
"League of friendship" among states.
-1 vote regardless of size
-could only request funds from states.
The Constitution
-A series of compromises
-3/5 compromise for slaves.
-Great Compromise
The Great Compromise
House of representatives is based on population.
Senate has equal representation for states.
-Favored strong federal government.
-Pessimistic about human nature.
-favored strong state government.
-felt state govern would be closer to the people.
-wanted more rigid system for separation of govern.
3 things the constitution did...
-Established structure
-distribute certain powers.
-restrained the government.
Separation of Powers
The principle that the government should be separated and put in the care of different parts.
-Is important because it prevents a monopolization of power.
Legistaltive Branch
-Makes the Laws
Executive Branch
-The president
-Exicutes laws
Judicial Branch
-The Supreme Courts
-Interpreting laws
Checks and Balances
Allows each branch to have some control over other branches to keep things even.
Two houses:
-House of Representatives (Based on population)two year terms
-Senate (equal representation for each state)six year terms.
Terms for various positions:
Federal Judges
House of representatives
President- two (at most) 4 year terms.
Federal Judges- life during good behavior
House of reps- two years
Senate-six years.
Political authority to be divided between state and federal governemtns.
-guarantees citizens rights against the gov't as well as access.
Judicial Review
Judicial Branchs authority to decide the constitutionality of acts by other branchs.
4 ways to change the constitution..
Formal Amendments
Judicial interpretation
Formal Amendments
a way to change the constitution by a proposed 2/3 vote in each house of congress or by national convention.
Judicial Interpretation
reshaping the document
Fill in the framework
Article I of the Constitution
The Legislative Branch
-Congress (bicameral)
-Enumerated Powers
-Elastic Clause
Article II of the constitution
The Executive Branch
-Authority to execute and carry out laws of the President
-Qualifications for office and describes removal from office.
Article III of the constitution
The judicial Branch
- Defines jurisdiction
-Most important power is judicial review
-premitted to establish lower courts.
Article IV
Relations between states and admission of new states.
Article V
Ways of formally amending the constitution.
Article VI
The surpreme law of the land
Article VII
Grounds of ratification
9/13 of states ad to ratify before document would be operative.
Article I Section 8
Enumerated powers of congress...
-borrow money
-Post offices
-Declare war
-Regulate Commerce
Article I Section 10
No state can...
-Coin money
-control import or export
-engage in war
Reserved Powers- 0th Amendment
-Can not be commited of a crime without a trial.
-double jeopardy
-due process of law.
1st Amendment
-Freedom of speech
-Freedom of religion
-Establishment Clause
-Free exercise clause
-Freedom of the Press
-Freedom to assemble
14th Amendment
Selective incorporation of the bill of rights
Second Amendment
"A well regulated Militia" and "right to bear arms"
Fourth Amendment
Search and Seizure
Exceptions to the exclusionary rule:
-Good Faith
-Clear View
-Hot pursuit
-Inevitable discovery
6th Amendment
-Public trial
-Trial by jury
-right to confront witnesses
8th amendment
-no excessive bail
-no excessive fines
-no cruel and unusual punishment
Schenk V US
schenk sent circulars to draftees saying "dont give in to intimidation" and was arrested for espianage.He was not protected by the 1st amendment because it was during a war time.
Chaplinsky v New Hampshire
A jahovah's witness called a city carshal a "god-damned racketeer" in a public place and arrested for creach of the peace. He was not protected by the first amendment because they were fighting words.
Cohen v. California
Paul Cohen wore a jacket that said "fuck the draft" and was arrested for "maliciously and willfully disturbing the peace." This was in violation of the first amendment because while it was provacative, it was not directed towards anyone.
Near v. Minnesota
Near wrote in a news paper that local officials were implicated ith gangsters and arrested for publishing "obscene, lewd, and lascivious" things. This was considered unconstitutional beacuse they cant censor what is written.
NY times v US
NY Times published Classified defense department papers regarding activities in vietnam and prosecuted for it. This was a violation of the 1st amendment because the vague word "security" should not be able to override the first amendment.
Mapp v Ohio
after entering her home to look for a fugitive, police arrested Dolree Mapp for having obscene materials. This was considered unconstitutional because materials obtained illegally must be thrown out of the court.
Miranda v. Arizona
(1966)- special ed guy rapes and kills a girl. Police get him to confess before he is read his rights. Before this, police would abuse to obtain information.
Gideon v. Wainwright
1963)—right to an attorney provided in state cases when one cannot be afforded (incorporated that portion of the 6th amendment to the states)
Furman v. Georgia
end to capital punishment
Gregg v. Georgia
Upheld revised death penalty laws.
Griswold v. Connecticut
precurser roe v. wade. contriceptive use.
Roe v. Wade
Contriceptive use and abortion are implied in the constitution under right to privacy
Bowers v. Hardwick
Texas can have sodamy law.
Lawrence v. texas
struck down texas sodomy laws