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54 Cards in this Set

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politics

who gets what, when and how

government

an organization extending to the whole of society that can legitimately use force to carry out its decisions

Ruled by 1

kingship, bad is tyrant

ruled by few

aristocracy, bad is oligarchy

ruled by many

constitutional government, bad is total democracy

quartering act

colonists required to house soldiers

declaratory act

parliament could do whatever it wanted in an effort to control the colonists

who wrote the constitution

benjamin franklin


thomas jefferson


roger sherman


john adams


robert livingston

confederation

a government in which independent states unite for a common purpose, but retain their own sovereignty

unitary system

system of government where the local and regional governments derive all authority from a strong national government

Article 1

our name as a new nation

Article 2

each state remains its sovereignty, freedom, and independence, and every power , jurisdiction, and right, which is not by this Confederation expressly delegated to the US

firm league of friendship

states to cooperate with one another

federalists

favor strong central government and a radical departure from the articles of the confederation, often wealthy

anti-federalists

supported a smaller local government, feared that a large govt could trample upon individual rights, owned small farms

Virginia plan

favored a strong central government, bicameral congress

NJ plan

favored by smaller states, Unicameral congress, contained the supremacy clause

CT plan

great compromise 435 seats

Article IV

full faith and credit clause. Any public act such as a drivers license that is done in one state must be recognized in all others, marriage licenses, fugitives, etc.

Article V

Amendment process. Constitution is a flexible document, founding fathers knew it was posible that future generations would want to make changes.

Article VI

supremacy clause, federal government wants to pay off debts accrued during the revolutionary war, congress can enact taxes to pay off debts owed to soldiers or other countries. Constitution is the supreme law of the land, any other law must be constitutional, federal law trumps state law

Article VII

ratification. Written and drafted in secrecy, 9 is a super majority.

BoR: 1st amendment

freedom of religion, establishment clause, free exercise clause. Each one of us is free to practice whatever religion we choose and can not practice at all. Slander and libel are NOT protected but we are free to criticize the government. Freedom of assembly means you can protest.

BoR: 2nd amendment

right to bear arms



BoR: 3rd amendment

no quartering of soldiers w/o homeowners consent

BoR: 4th amendment

freedom from unreasonable search and seizures; search warrants

BoR: 5th amendment

due process for the accused: right not to incriminate yourself, right to an attorney, projections against double jeopardy. Eminent domain: government seizes private property for public use, have rights when gov does this.

BoR: 6th amendment

right to a speedy public trial by jury

BoR: 7th amendment

right to trial by jury in civil suits

BoR: 8th amendment

no cruel and unusual punishment

BoR: 9th amendment

unlisted rights reserved for citizens

BoR: 10th amendment

reserved powers (powers not explicitly granted to the national government) for the states

civil liberties definition

constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference




Limitations placed on the government, usually from infringing upon certain rights afforded to individuals

examples of some civil liberties

due process (trial by jury, miranda rights)


freedom of religion


freedom of speech


freedom of assembly


no quartering of soldiers


right to bear arms


freedom from unreasonable searches and seizures


privacy

Near v Minnesota

publisher of a newspaper convicted of libel and enjoined from publishing further information alleging criminal wrongdoing. supreme court acknowledged prior restraint but ruled it could not be invoked in this situation

Pentagon papers

Ellsberg leaked damaging classified Vietnam war documents to newspapers, illustrating that Johnson lied about nation's involvement with the war, the war was unwinnable

NY Times v US

victory for freedom of press

Slander

spoken

Libel

written, literary



Standard for slander/libel

Malice. Publisher knew it was false but still published it with the intention of causing harm, reckless actions without regard for the truth

privacy

the state of being free from intrusion or disturbance in one's private life or affairs, not stated explicitly in constitution. implied in 1st, 3rd, 4th, 5th, 9th, 14th

griswold v connecticut

CT law prohibited use of birth control but griswold had been teaching married women how to use them, enforcement of the law would mean that police would know about couples' intimate lives

eisenstadt v baird

supreme court overturned a law in MA that banned the sale of birth control, trying to influence what happened in private lives

roe v wade

dallas woman sought an abortion but states prohibited unless woman's health needed it, defendent was wade, the district attorney in dallas county

Governor of TX

greg abbott

senator of tx

ted cruz

mayer of houston

sylvester turner

unitary government

system of political organization with a central supreme government which holds the authority over and makes the decisions for subordinate local governments. An example of a unitary government is the United Kingdom overseeing Scotland.

confederate government

group of states, nations or territories that are joined together by a central government that has limited powers of authority. With a weaker central government, the individual state or nation governments retain a strong sense of independence.

issues with the articles of the confederation

hard to get anything done, super majority made things almost impossible, weak, not adequately funded, had to change your money to do business from one state to the next

amendment process

proposal: 2/3 of both chambers of congress must agree OR 2/3 state legislatures request a convention


ratification: 3/4 vote of all state legislatures (38 votes) OR 3/4 vote in special conventions

webster v reproductive health

missouri law prohibited funding of abortions, public employees from participating in abortion, exceptions if the abortion was necessary to save woman's life. supreme court ruled in favor of missouri

planned parenthood v casey

prohibition of undue burden, the purpose oreffect of placing a substantial obstacle in the path of a woman seeking anabortion before the fetus attains viability. When it was about to be decided, itwas possible that the Supreme Court could overturn Roe v Wade; decided not to,precedent in RvW isupheld. A number of restrictions on abortion that PA had enacted wereconstitutional. States may regulate abortion but may not put in front of awoman an undue burden. Definition is vague, could beapplied in different ways depending on what laws are

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