Study Guide for Test 1
Study Guide for Test 1 POLI 201 004
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This 14 page Study Guide was uploaded by Andrew Griffin on Thursday September 15, 2016. The Study Guide belongs to POLI 201 004 at University of South Carolina taught by Robert Oldendick in Fall 2016. Since its upload, it has received 50 views. For similar materials see American National Government in Political Science at University of South Carolina.
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Date Created: 09/15/16
Poli 201 Study Guide Test 1 General Terms 1. amending the Constitution: this is the process it takes to makes amends the constitution 1) proposed by two thirds vote in both chambers or by a national convention called by congress at the request of two thirds of the state 2) ratified by with the legislature of three fourths of the states or the conventions in three fourths of the states 2. antiFederalists: An individual who opposed the ratification of the new constitution in 1787 because they opposed a strong central government 3. Articles of Confederation: the textbook defines a confederation as a political system in which states or regional governments retain ultimate authority except for those powers they expressly delegate to a central government. A voluntary association of independent states. In which the member states agree to limited restraints on their freedom of action. Our professor provided us with a chart that explains the first form of government that the actuals articles define. It starts with the States ——> Officers: Congress appointed officers to do some of the executive work——> Committee of the States: a committee of representatives from all the states was empowered to act in the name of congress between sessions—> Congress: congress had one house. Each state had two to seven members, but only one vote. The exercise of most powers required approval of at least nine states. Amendments to the Articles required consent of all states. Weaknesses of the articles were that they could not collect revenue from the states, could not raise an army, amendments to the article required a unanimous consent of congress, did not establish a national court system, no executive to administer the government, and no authority to regulate commerce. Some of the strength though were that they settled land disputes among the states over western land, passed the northwest ordinance of 1787 that established government for new territories, could declare war and conduct foreign policy, and opportunity to try out some of the principles set forth in the declaration of Independence 4. Athenian model of government: considered the purest model of direct democracy because the citizens of that community debated and voted directly on all laws, even those put forth by the ruling council of the city. The most important aspect though is that the legislature was composed of all citizens (except women, foreigners and slaves) and the athenians believed that participation benefited the individual and city states 5. authority: the ultimate right to enforce compliance with decisions 6. bicameral legislature: a legislature made up of two parts, called chambers. The two chambers in our government is the Senate and the House of Representatives 7. Bill of Rights: is the collective name for the first ten amendments to the United States Constitution. Proposed following the battle over ratification of the U.S. Constitution, and crafted to address the objections raised by AntiFederalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people. 8. Black Codes: laws passed by southern states immediately after the civil war denying most legal right to freed slaves 9. checks and balances: a major principle of the american system of government whereby each branch of government can check the actions of the others 10. civil liberties: those personal freedoms that are protected for all individuals. They typically involve restraining the governments actions against individuals 11. civil rights: refers to the rights of all americans to equal treatment under the law, as provided for by the 14th amendment to the constitution and by subsequent acts of congress 12. 1964 Civil Rights Act: this act outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public. 13. Civil Rights Act of 1866: this act extended citizenship to anyone who was born in the U.S. African Americans now had full equality before the law & gave the national government the right to intervene when states attempted to restrict these rights 14. Civil War: the war between the north and the south over slavery as well as the power of the national government versus the rights of the states. The outcome of this war was that the national government has more power than the states 15. Coercive Acts: also known as the “intolerable acts”, were made in retaliation to the colonist who dumped 350 chest of tea into the boston harbor. The acts placed a blockade around boston harbor and placed the entire state government of Massachusetts under british control. The effect of these acts was to shift the problem from taxes to british authority over the colonies. 16. commerce clause: the section that gives congress that power to regulate trade among the states and with foreign powers 17. concurrent powers: powers held jointly by the national and state governments 18. Confederal system of government: a system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states *Simpler terms: the power goes from the states —> central government 19. confederation: a political system in which states or regional governments retain ultimate authority except for those powers they expressly delegate to a central government. A voluntary association or independent states in which the member states agree to limited restraints on their freedom of action. 20. Connecticut Compromise: the compromise between the New Jersey and Philadelphia plans that created one chamber of congress based on state population and one chamber representing that states equally. This is also known as the Great Compromise 21. conservatism: a set of beliefs that includes a limited role for the national government in helping individuals, support for traditional values and lifestyles, and a cautious response to change 22. Constitution: established popular sovereignty, a republican government in which the people choose representatives, limited government with written laws, separation of powers with checks and balances, and a federal system that allowed for states rights. 23. cooperative federalism: the theory that states and the national government should cooperate in solving problems 24. Declaration of Independence: was the document that was drafted by the colonist which states the causes/ grievances of the colonist which were used as reasoning for the separation of the two parties 25. de facto segregation: this is segregation that occurs because of past social and economic conditions and residential patterns (post Brown v Edu case) 26. de jure segregation: this is segregation that occurs because of laws in place (pre Brown v Edu case) 27. delegated powers: these are powers held specifically by the national government. They are either enumerated to coin money, to conduct foreign relations, to regulate interstate commerce, to raise and support the military, to establish post offices, and to declare war, impliedsaid that congress shall have the power to make all laws which will be necessary and proper for carrying into execution the forgoing powers, and all other powers vested by the constitution, or inherentpowers that are assured to be held by all nations in order to ensure their own survival, like, make treaties, wage war, seek trade, and acquire new territories. 28. democracy: a system in which political authority is vested in the people. It has four major systems universal suffrage, majority rule, minority rule, and limited government 29. democratic republic: a republic in which representatives elected by the people make and enforce the laws and policies 30. direct democracy: a system of government in which political decisions are made by the people directly, rather than by their elected officials. Easier to attain in a small political communities 31. dual federalism: a system which the states and the national government each remains supreme within its own sphere. The doctrine states that national and states are coequal sovereign powers and that neither of them should interfere with the others sphere. 32. Easton's definition of politics: defines politics as “the allocation of values for a society” 33. elastic clause: this is the clause that established the implied powers of the national government 34. elite theory: a perspective holding that society is riled by a small number or people who exercise power to further themselves 35. enumerated powers: to coin money, to conduct foreign relations, to regulate interstate commerce, to raise and support the military, to establish post offices, and to declare war 36. equality: the belief that all people are of equal value and worth 37. exclusionary rule: this is a rule that states that courts cant use evidence in a trial that is obtained illegally. This rule was the outcome of the Mapp v. Ohio case 38. expressed powers: Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. 39. federal system: this system lies between the urinary and confederal system but in this system authority is divided, usually by a written constitution, between a central or regional government, or subdivisional, governments. These governments both act directly on the people through laws and through the actions of appointed officials. Its in this system where both governments are considered supreme in their own sphere of authority *simpler terms: the power is shared equally between state <——> national government 40. federalism: a system of government in which power is divided by a written constitution between a central government and regions or subdivisional government (states). Each level must have some domain in which its polices are dominant and some genuine constitutional guarantee of its authority 41. Federalists: the name given to one who was in favor of the adoption of the U.S Constitution and the creation of a federal union with a strong central government 42. Federalist Papers: a series of 85 essays written in defense of the constitution and of a republican form of government. In these essays the writers explained the constitution, the three branches of government, and a theory of judicial review 43. First Continental Congress: was a gathering of delegates from 12 of the 13 colonies where they discussed drafting a petition of their grievances and sending it to King George, forming their own armies, boycott british goods. They also decided that in every county and city they form a committee whose mission was to spy and report on friends and neighbors who violated the trade ban. It was the formation of these committees which represented steps toward a national government 44. French and Indian War: was fought between 17551760 and was between the British and the French over who would control the land between the Mississippi River and the Allegheny Mountains. After the British won and colonist expected to move west, the British government decided to not move westward. Due to the cost of the war, the British then raised taxes on colonist. 45. full faith and credit clause: requires states to recognize one another laws and court decisions. It ensures that the rights established under deeds, wills, contracts, and other civil matters in one state be honored in another 46. government: the preeminent institution in which decisions are made that resolve conflicts or allocate benefits and privileges. It is unique because it has the ultimate authority within a 47. grandfather clause: this was outlawed in the Guinn v. U.S case, but it was a clause that mandated anyone who wanted to vote would have to have some form of proof that their grandfather voted in previous elections. This made it impossible for freed slaves to vote since before the 13th amendment they had just been slaves 48. Great Compromise: the compromise between the New Jersey and Philadelphia plans that created one chamber of congress based on state population and one chamber representing that states equally. This is also known as the Connecticut compromise 49. Alexander Hamilton: was a founding father who was the leader of the federalist party and helped write the constitution 50. horizontal federalism: a check against the expansion of government that relies on the checks and balances between branches of government of the same level 51. ideology : a comprehensive set of beliefs about the nature of people and about the role of an institution or government. * Ideologies guide political decision making 52. implied powers: said that congress shall have the power to make all laws which will be necessary and proper for carrying into execution the forgoing powers, and all other powers vested by the constitution, 53. inherent powers: powers that are assured to be held by all nations in order to ensure their own survival, like, make treaties, wage war, seek trade, and acquire new territories. 54. Jamestown settlement: this was the settlement where the british government gave the settlers full power and authority to make laws for themselves. This is where the settlers set up a representative assembly which is an important component of the USA’s political system 55. Thomas Jefferson: was another founding father who was the main author of the declaration of independence because Jefferson was a proponent of democracy, republicanism, and individual rights, which motivated American colonists to break from Great Britain and form a new nation 56. Jim Crow laws: mandated that separate facilities be used for white and non whites. There was a very distinct difference between the white facilities and the non white facilities 57. judicial review: this refers to the power of the U.S courts to examine the constitutionality of actions undertaken by the legislative and executive branches of government. A state court for example may rule a statute enacted by the state legislature is unconstitutional. This same rule applies to acts passed by congress and decisions of the national executive branch! Basically everything * this decision established the court’s larger power to review the activities of the other two branches of government 58. Lasswell's definition of politics: defines politics as “who gets what, how and when (and at what cost) 59. Legitimacy: rightful and entitled to compliance and obedience on the part of citizens 60. libel: a published false statement that is damaging to a persons reputation 61. liberalism: a set of beliefs that includes the advocacy of positive government action to improve the welfare of individuals, support for civil services, and tolerance for political and social change 62. Libertarianism: a politcal ideology based on skepticism on opposition toward almost all government activities 63. liberty: the greatest freedom of individuals than is consistent with the freedom of individuals in the society 64. limited government: limiting our government with documents, like the constitution, or a common belief 65. literacy test: potential voters were required to recite, read, or interpret sometimes very hard literature to the satisfaction of the local registrar who was always white. this case was outlawed in the 1965 Voting rights act 66. John Locke's philosophy: created the concept of natural rights. This is the viewpoint that people have the right to life, liberty, and property and that governments are established to secure these rights and rest on the consent of the governed. 67. James Madison: was called the Father of the Constitution for his extraneous efforts towards it and the bill of rights. Also wrote some of the Federalist papers 68. majority rule: who ever wins the most votes wins 69. Mayflower Compact: was a political statement in which the signers agreed to create and submit to the authority of a government based on the consent of the people. This was important for two reasons: a) it depended on the consent of the afflicted individuals and b) it served as a prototype for similar compacts in American history 70. minority rights: everyone has rights, even those as minorities 71. necessary and proper clause: grants congress the power to do whatever is necessary to execute specifically delegated powers 72. New Jersey Plan: this was the plan that favored all states equally and said that the fundamental principle of the Articles of Confederation ( one state, one vote) would be kept, congress would still be able to regulate trade and impose taxes, all acts of congress would be the supreme law of the lans, several people would be elected by congress to form an executive office, and the executive office would appoint the supreme court 73. Philadelphia Convention: also known as the Constitutional Convention and was intended to revise the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison and Alexander Hamilton, was to create a new government rather than fix the existing one. The delegates elected George Washington to preside over the Convention 74. political culture: the set of ideas, values, and ways of thinking about government and politics that is shared by all citizens 75. poll tax: this was one of the ways the South denied African Americans the right to vote this was a tax that was required at voting stations when someone went to vote, and since the african american population did not have a lot of money this tax helped excludes them because of their economic status. this was outlawed in harper v. Virginia state board of education 76. pluralism: a theory that views politics as a conflict among interest groups. Political decision making is characterized buy bargaining and compromise 77. popular sovereignty: is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives 78. prohibited powers: also known as exclusive federal powers, are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising. 79. ratification: formal approval and in this case the formal approval of the constitution by the states 80. representative government: is a variety of democracy founded on the principle of elected officials representing a group of people, as opposed to direct democracy. All modern Westernstyle democracies are types of representative democracies 81. republican government: a form of gov in which sovereignty is rest with the people, as opposed to a monarch or king 82. reserved powers: powers held specifically by the states and cant be taken away 83. right to privacy: this right is not directly stated in the constitution but many recent supreme cases and decisions have established this right. Many controversial issues are likely to be considered in courts today because of abortion and “right to die” laws (where doctors assist in patient suicide) 84. Second Continental Congress: met in late 1777 to draft the Articles of Confederation. By this time most of the fighting had begun between the British and the colonist and one of the main objectives of this meeting was to form an army. The did this and named George Washington Commander in Chief 85. separate but equal: the justification used by the Supreme court after the Plessy v. Ferguson case which says that segregation of races is legal because they will have equal rights as citizens. This justification is what led to the jim crow laws which made segregation legal and enforced in public facilities 86. separation of powers: the principle of dividing governmental powers among different branches of that government 87. Shay's Rebellion: by 1784 the country faced serious economic problems and banks were throwing people in jail for owing debts. Many of these people in prison were farmers or veterans of the revolutionary war and couldn't pay their debt because of economic chaos. Angered by this, mobs of musket bearing farmers in Springfield Mass. led by revolutionary war Captain Daniel Shays seized county courthouses and disrupted the trials of debaters. Shay and his men then attacked the federal arsenal at springfield but they were defeated. This rebellion demonstrated that the central government could not protect the citizens from armed rebellion or provide adequately for the public welfare. Called for change of the existing government 88. slander: the public uttering of false statements that harms the good reputation of another. The statement mist be made to or within the hearing of the person other than the victim. 89. social contract: a theory of politics that asserts that individuals form political communities by a process of mutual consent, giving up measures of their individual liberties in order to gain protection that government provides 90. Stamp Act: the second taxation passed by parliament on more english commodities, and led to the formation of the Stamp Act Congress. 91. Stamp Act Congress: made the famous statement at their first assembly, “no taxation without representation” and it was this assembly and group that is believed to be the start of a unified nation. 92. Sugar Act:a tax placed on sugar, wine, coffee and other predicted commonly exported to the colonies 93. Supremacy clause: the constitutional provision that makes the constitution and federal laws superior to all conflicting state and local laws 94. Threefifths Compromise: was the outcome of the slaves states wanting their slaves to count as a free person in determining representation in congress, and obviously northern states objected. The outcome of the compromise is that the house of reps and electoral college would be apportioned in part on the basis of property (slaves) 95. totalitarianism: a form of government that controls all aspects of life, politically and socially 96. unicameral legislature: a legislature with only one legislative changed, as opposed to a bi cameral legislative, like the U.S congress. Today Nebraska is the only state in union with a Unicameral legislature 97. unitary system of government: a centralized government system in which local or subdivisional government exercise only those powers given to them by the central government *Simpler terms: the power goes from a central government —>state governments 98. universal suffrage: everyone has the right to vote and have a voice 99. USA PATRIOT Act: this was an act that was passed so that the government has a way to spy on its citizens who are thought to be suspects of national security. it stands for Uniting & Strengthing America by Providing Appropriate Tools Required to Intercept & Obstruct Terrorist. Things that this act allowed them to do is setting up wiretaps, easedrop on calls, monitor internet activity (FISA) and it was this act that was used to justify the collection of metadata from every cellphone in the U.S Metadata are things like your recents calls, location services, and incoming and outgoing messages 100. Virginia Plan: this was the plan that favored large states and said the two chamber legislature which contained of a lower chamber elected by the people and a upper chamber chose by the elected lower chamber members from a pool of other representatives. It also said that the number of representatives would be proportional to the states population, including slaves. 101. 1965 Voting Rights Act: prohibits racial discrimination in voting. 102. white primaries: was one of the ways the south denied African americans the right to vote political parties were private and they excluded blacks. After 1877, democrats nominated the south and the person who was the party nominee usually won the general election. Because african americans were excluded from the party they could not vote for the party nominee meaning they would have to voice in the winner of the general election Supreme Court Cases 103. Brown v. Board of Education: was one of the most important cases of U.S history. The outcome of this case was the desegregation of public schools, which then led to a societal desegregation. It all started when Oliver Brown was tired of his daughter having to travel 21 blocks away to go to a non white school, when a white school was only 7 blocks away, so he sued the school board and appealed to the supreme court who said that the segregation of public schools was unconstitutional and decided that segregation by races should end with “deliberate speed”. It was this case that made the SCOTUS announce that “seperate but equal” is inherently unequal, and that anything that is separated is naturally going to have have a superior and inferior quality. 104. Dred Scott v. Sandford: this case was in 1857 and the details are that a slave named Dred Scott sued his owner to obtain freedom on the basis that he had lived in the free state of Illinois for various periods of time. The outcome of the case was that the Supreme court ruled that enslaved people were not citizens and were not entitled to any rights. Many historians agree that it was this event that made the civil war inevitable 105. Engel v. Vitale: was the case in which the NY State Board of education required prayer be spoken aloud in public schools at the beginning of each day. Then parents sued claiming it violated the establishment clause, but they lost at the state trial so they appealed to the supreme court. This is where the Supreme Court overturned the State courts decision saying it was no part of the business of the government to compose official prayers for the American people to recite. 106. Gibbons v. Ogden: it was this case that established the commerce clause. The case itself was about two individuals, Ogden and Gibbons, who operated ferry steam boats. Ogden had a monopoly between New York and New Jersey, when Gibbons got a license for operating a ferry in interstate waters and started competing with Ogden. Ogden then sued Gibbons and the state of New York prohibited Gibbons from operating in NY waters which led him to appeal to the supreme court. where they agreed on the commerce clause which said the states have no say so in commerce and that its a exclusive national power 107. Gideon v. Wainwright: this case’s outcome was that if a person cannot afford a lawyer the state must provide them with one. the details of the case are that Gideon had broken into a vending machine and stole money but was arrested. When he told the judge he couldn't afford a lawyer and asked for one to be provided for him the judge denied his request so Gideon defended himself and was found guilty. After this, Gideon appealed to the supreme court saying that how can our government try a poor man for a crime without a lawyer and that it was this that violated his 14th amendment right to due process. the supreme court agreed with him, gave him a lawyer, and retried him and he was found non guilty. 108. Lemon v. Kurtzman: determined that direct state aide could not be used to subsidize for religious instruction. Created the 3 step “lemon” test: secular in aim, cannot have the primary effect of advancing or inhibiting religion, and must avoid an excessive government entanglement with religion 109. Mapp v. Ohio: this case established the exclusion rule which forbid the use of evidence that had been obtained illegally in a trial. This rule had already existed before but only in national courts, not state trials. why? idk. but the case details are that Cleveland police received a tip that a person who was wanted for questioning about a bombing was hiding out at the house of Dollree Mapp.When police asked to enter twice, Mapp denied them but on the second time the police forced their way into her house and retained her until they had finished searching. In the search the police did not find the suspect but instead found illegal materials and Mapp was arrested. When the supreme court heard of this from the state court, the overturned the conviction on the account that the police violated her rights and the evidence was removed from her trial 110. Marbury v. Madison: was the U.S supreme court case that established the principle of Judical Review. This case ended with the decision that even though Marbury was entitled to his commission, that part of the Judiciary Act of 1789 which gave the supreme court jurisdiction in this case was unconstitutional, and thus congress could not pass a law that is prohibited by the constitution. By doing this, Marshall’s opinion established the power of the court to review legislative and executive actions 111. McCulloch v. Maryland: this was the case about the establishment of a government bank and the resulting taxation of the state of maryland for those who didn't bank with them, and established the Supremacy Clause 112. Miranda v. Arizona: the outcome of this case was that the supreme court enunciated the right of a person who is accused of a crime to remain silent until the presence of an attorney. The case details are that in 1963 Ernesto Miranda was arrested on suspicions of kidnap and rape. He was questioned at a phoenix police station until he finally came up with a written confession. In court though, the two officers admitted to not informing miranda of his right to an attorney which is when Miranda’s attorneys said the police violated his 5th amendment. The supreme court agreed and the Miranda Rights were established in 1966 113. Plessy v. Ferguson: the outcome of this case was the Supreme court ruling that “separate but equal” was constitutional since the 14th amendment only required “equal” rights. The case details are that Homer Plessy, who was 1/8 African American, was asked to move to the non white cart of the train he was riding by the conducter. Homer sued the train company saying it violated his 14th amendment. He lost the trial and thus began Racial discrimination and the passing of the Jim Crow Laws 114. Obergefell v. Hodges: a landmark United States Supreme Court case in which the Court held in a 5–4 decision that the fundamental right to marry is guaranteed to samesex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. 115. Shelby County v. Holder: the Court ruled by a 5to4 vote that Section 4(b) is unconstitutional because the coverage formula is based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states.The Court did not strike down Section 5, but without Section 4(b), no jurisdiction will be subject to Section 5 preclearance unless Congress enacts a new coverage formula Constitutional Amendments 116. First: to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble, or prohibiting the petitioning for a governmental redress of grievances 117. Tenth: which is part of the Bill of Rights, was ratified in 1791, expresses the principle of federalism, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people. 1. Thirteenth: outlawed slavery 118. Fourteenth: this amendment said that no state shall make or enforce any law that deny the privileges or immunities of a citizen and that no state shall deny life, liberty and property without due process of the law, and they cant deny a citizen equal protection of the law 119. Fifteenth: said that the right to vote was not to be denied on the account of race, color, or previous state or servitude 1. Nineteenth: prohibits the discrimination of voting on the basis of gender, gave women the right to vote
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