Midterm Flashcards

(61 cards)

1
Q

What is the purpose of government according to the Declaration of Independence?

A

To protect natural rights (life, liberty, pursuit of happiness)

Legitimate power comes from consent of the governed.

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2
Q

What theory strongly influenced the Declaration of Independence?

A

Social contract theory (John Locke)

People have the right to alter or abolish unjust governments.

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3
Q

What type of government does the U.S. Constitution create?

A

A limited government with enumerated powers

Designed to prevent tyranny through structure.

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4
Q

What is popular sovereignty?

A

The principle that government derives its power from the consent of the governed

Embedded through elections and representation.

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5
Q

Define Participatory Democracy.

A

Broad citizen participation emphasizing voting, activism, civic engagement

Common at local/state levels (initiatives, referendums).

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6
Q

What characterizes Pluralist Democracy?

A

Political power shared among many interest groups

Groups compete to influence policy.

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7
Q

In Elite Democracy, who holds most power?

A

A small group of economic or political elites

Elections exist, but elites often shape outcomes.

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8
Q

What does Federalist No. 10 argue?

A

A large republic controls factions better than small ones

Supports a strong national government.

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9
Q

What is the main argument of Brutus I?

A

A large republic is dangerous; representatives are too distant from the people

Strong central government threatens liberty and states’ rights.

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10
Q

List key weaknesses of the Articles of Confederation.

A
  • No power to tax
  • No standing army
  • No executive branch
  • No national judiciary
  • Amendments required unanimous consent
  • States held most power

These weaknesses led to the creation of the Constitution.

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11
Q

Who were the Federalists?

A

Supporters of ratification wanting a strong national government

Authors include Hamilton, Madison, Jay.

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12
Q

Who were the Anti-Federalists?

A

Opponents of ratification fearing centralized power

Wanted explicit protections for rights, leading to the Bill of Rights.

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13
Q

What is the Great Compromise?

A

Bicameral legislature: House based on population, Senate with equal representation

Also known as the Connecticut Compromise.

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14
Q

What does the 3/5 Compromise entail?

A

Slaves counted as 3/5 of a person for representation and taxation

This compromise was crucial for representation in Congress.

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15
Q

What is the Electoral College?

A

Compromise between popular election and congressional selection of president

It plays a key role in the presidential election process.

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16
Q

Describe the amendment process outlined in Article V.

A
  • Proposal: 2/3 Congress OR national convention
  • Ratification: 3/4 of states

This process allows for changes to the Constitution.

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17
Q

What are the three branches of government?

A
  • Legislative: makes laws (Congress)
  • Executive: enforces laws (President)
  • Judicial: interprets laws (Courts)

Each branch has distinct powers and responsibilities.

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18
Q

Give an example of checks and balances.

A
  • Presidential veto of congressional legislation
  • Congressional override of veto
  • Senate confirmation of appointments
  • Judicial review of laws and executive actions
  • Impeachment power

These mechanisms prevent any one branch from becoming too powerful.

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19
Q

What does Federalist No. 51 justify?

A

Checks and balances

“Ambition must be made to counteract ambition.”

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20
Q

What does Federalist No. 70 support?

A

A strong, energetic executive

Emphasizes the need for a decisive leader.

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21
Q

What is the significance of Federalist No. 78?

A

Introduces judicial review and justifies life tenure for judges

Argues that the judiciary is the weakest branch.

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22
Q

Define Enumerated Powers.

A

Explicitly listed powers in the Constitution, mostly in Article I, Section 8

These powers define the scope of federal authority.

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23
Q

What are Reserved Powers?

A

Powers not given to federal government, reserved to states (10th Amendment)

This reinforces state sovereignty.

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24
Q

What are Concurrent Powers?

A

Powers shared by federal and state governments

Examples include taxation and law enforcement.

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25
What does the **10th Amendment** reinforce?
State sovereignty ## Footnote It emphasizes that powers not delegated to the federal government are reserved for the states.
26
What is the **14th Amendment** known for?
Due process clause and equal protection clause ## Footnote Used to apply the Bill of Rights to the states.
27
What was established in **McCulloch v. Maryland**?
Implied powers and upheld supremacy clause ## Footnote States cannot tax federal institutions.
28
What did **U.S. v. Lopez** limit?
Congress’s commerce power ## Footnote Marked a shift back toward states’ rights.
29
What are **Categorical Grants**?
Federal grants with strict conditions used to influence state policy ## Footnote These grants often come with specific requirements.
30
What are **Block Grants**?
Federal grants with broad guidelines allowing more state flexibility ## Footnote These grants give states discretion in how to use the funds.
31
What are **Civil Liberties**?
Protections from government power, mostly found in the Bill of Rights ## Footnote They ensure individual freedoms.
32
What does the **First Amendment** protect?
* Religion: free exercise clause and establishment clause * Speech: protected unless it poses a clear threat * Press: prior restraint generally prohibited ## Footnote These protections are fundamental to democratic society.
33
What was the ruling in **Engel v. Vitale**?
School-sponsored prayer unconstitutional ## Footnote This case reinforced the separation of church and state.
34
What did **Wisconsin v. Yoder** determine?
Free exercise outweighs compulsory education ## Footnote This case recognized religious rights over state interests.
35
What is the **substantial disruption test** from **Tinker v. Des Moines**?
Students do not lose rights at school unless there is substantial disruption ## Footnote This case affirmed student free speech rights.
36
What doctrine was established in **Schenck v. United States**?
Clear and present danger doctrine ## Footnote Balances liberty against public order.
37
What was the outcome of **New York Times v. United States**?
Protected press from prior restraint ## Footnote This case emphasized the importance of a free press.
38
What does **Selective Incorporation** refer to?
Gradual application of the Bill of Rights to states using the 14th Amendment due process clause ## Footnote Not all rights are incorporated at once.
39
What does the **Equal Protection Clause** require?
States to treat people equally under the law ## Footnote This clause is the basis for civil rights litigation.
40
What was the significance of **Brown v. Board of Education**?
Overturned segregation in schools using equal protection reasoning ## Footnote This landmark case was pivotal in the civil rights movement.
41
What did the **Civil Rights Act of 1964** achieve?
Ended segregation in public accommodations ## Footnote This act was a major legislative victory for the civil rights movement.
42
What did the **Voting Rights Act of 1965** do?
Removed barriers to minority voting ## Footnote This act aimed to ensure fair voting practices.
43
What is **Title IX** known for?
Gender equality in education ## Footnote It prohibits discrimination based on sex in federally funded education programs.
44
What doctrine was established in **Plessy v. Ferguson**?
Separate but equal doctrine ## Footnote This case upheld racial segregation laws.
45
What was upheld in **Korematsu v. United States**?
Japanese internment during World War II ## Footnote This case is often criticized for its violation of civil liberties.
46
What does **Baker v. Carr** establish?
One person, one vote principle ## Footnote Federal courts can hear redistricting cases.
47
What does **Shaw v. Reno** limit?
Racial gerrymandering ## Footnote This case set precedents for fair districting.
48
What is **Affirmative Action**?
Policies to address past discrimination based on equal protection analysis ## Footnote These policies aim to promote diversity and equal opportunity.
49
What are the differences between the **House** and **Senate**?
* House: larger, strict debate rules, revenue bills originate here * Senate: smaller, unlimited debate, unique procedural rules ## Footnote These differences affect legislative processes.
50
What are the **formal powers** of the President?
* Commander in chief * Veto * Appointments * Treaties ## Footnote These powers are outlined in the Constitution.
51
What are the **informal powers** of the President?
* Executive orders * Agenda setting * Persuasion ## Footnote These powers allow the President to influence policy beyond formal authority.
52
What does the **22nd Amendment** establish?
Term limits for the presidency ## Footnote This amendment limits a president to two terms.
53
What is **judicial review**?
Power to declare laws unconstitutional ## Footnote Established in Marbury v. Madison.
54
What is the difference between **judicial activism** and **judicial restraint**?
* Judicial activism: courts should actively interpret the Constitution * Judicial restraint: courts should defer to the elected branches ## Footnote These philosophies influence court decisions.
55
What ensures the independence of the judiciary?
Life tenure for judges ## Footnote This protects judges from political pressures.
56
What are the limits on the courts?
* Constitutional amendments * Jurisdiction stripping * Appointments and confirmations ## Footnote These factors can restrict judicial power.
57
What is the structure of the **bureaucracy**?
* Cabinet departments * Independent agencies * Regulatory commissions ## Footnote This structure allows for specialized functions within the government.
58
What is **discretionary authority**?
The ability of bureaucratic agencies to make choices in how to implement laws ## Footnote This authority allows for flexibility in policy execution.
59
What are **Iron Triangles**?
Policy networks involving Congress, agencies, and interest groups ## Footnote These networks influence policy outcomes.
60
What are **Issue Networks**?
Broader, more fluid policy connections than Iron Triangles ## Footnote These networks can change based on specific issues.
61
What are methods of **oversight and accountability** in bureaucracy?
* Congressional hearings * Power of the purse * Presidential appointments * Court rulings ## Footnote These methods ensure bureaucratic agencies are held accountable.