Exam 1 Study Guide
Exam 1 Study Guide Pols 1101 056
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This 5 page Study Guide was uploaded by Kenny Fenelon on Friday September 25, 2015. The Study Guide belongs to Pols 1101 056 at Georgia State University taught by Dr.Jeffrey Michael Glas in Summer 2015. Since its upload, it has received 137 views. For similar materials see American Government in Political Science at Georgia State University.
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Date Created: 09/25/15
Exam 1 Study Guide POLS 1101 American Government De ne Governmentthe system by which a state or community is controlled Public goodthe wellbeing of the general public The types of government Direct Democracv democracy in which people decide policy initiatives directly Political culture a set of attitudes and practices held by a people that shapes their political behavior It includes moral judgments political myths beliefs and ideas about what makes for a good society Implied Powers powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I Articles of Confederation the first attempt to create a constitution for the new world Virginia Plan proposal by Virginia delegates for a proportional bicameral legislative branch executive chosen by legislature and national judiciary chosen by legislature New J ersev Plan It is a proposal to have a government with an equal unicameral legislature branch a plural national executive branch and a national judiciary chosen by the executive branch Great Compromise agreement that large and small states reached during the Constitutional Convention of 1787 to have a bicameral legislative with lower proportional an upper equal one national executive chosen by an electoral college and a national judiciary 35 Compromise plan made to allow each slave to represent three fifths of a person Bicameralism the idea of having two parts of a legislative branch Judicial review doctrine under which legislative and executive actions are subject to review by the judiciary Enumerated powers aka Express Powers Congress may exercise the powers that the Constitution grants it subject to the individual rights listed in the Bill of Rights Double J eopardv procedural defense that prevents a person from becoming tried twice or more Due proces regular administration of the law in which no citizen may be denied his her legal rights and all laws must conform to fundamental accepted legal principles as the right of the accused to confront his or her accusers Concurrent power powers that are shared by both the State and the federal government may be exercised simultaneously within the same territory and in relation to the same body of citizens including regulating health and education taxing spending and borrowing Reserve power It is the power that may be exercised by the head of state without the approval of another branch of the government Full Faith and Credit Clause each state should respect court decisions made in other states even if the law of that state is different Necessarv and Proper Clause Congress shall has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States or in any department or officer thereof Supremacv Clause State laws that go against federal laws a null and void Interstate Commerce Clause The clause states that the United States Congress shall have power quotTo regulate commerce with foreign nations and among the several states and with the Indian tribesquot Selective incorporation a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights Civil libertythe freedom of a citizen to exercise customary rights without government interference Civil rightrights given to people by the government The Bill of Rights know the 10 Amendments A set of amendments placed to appease the anti federalist to allow the ratification of the Constitution The Missouri Compromise This law also prohibited slavery in the Louisiana Territory north of the 36 30 latitude line with the exception of Missouri Equal Protection Clause clause stating no state shall deny to any person within its jurisdiction quotthe equal protection of the lawsquot The 19th Amendment granted American women the right to vote a right known as woman suffrage Affirmative ActionIt is the encouragement of increased representation or the freedom of outcome to women and minoritygroup members especially in employment De iure segregation separation enforced by law De facto segregation when widespread individual preferences sometimes backed up with private pressure lead to separation The Emancipation Proclamation a presidential proclamation and executive order issued by President Abraham Lincoln on January 1 1863 It was made to free the slaves from the southern states Svmbolic speech actions that purposefully and discemibly convey a particular message or statement to those viewing it Answer What does it mean for a government to be a republic People elect representatives on their own behalf What are the 5 liberties guaranteed by the 1st Amendment It allows people to have the right to free speech freedom of press freedom of assembly freedom to petition and the freedom to choose which religion to worship What are the differences between a unitary confederal and federal government Unitary Government is when the powers of the federal in uence the states confederal government is when the states have the power to in uence the federal government and federal government is when the powers of the state and federal government share powers What was the name given to those who favored strong state governments during the debate over ratifying the Constitution Anti Federalists What is new federalism and which president was its primary advocate New federalism is old dual federalism where power is reserved for the states and communities deregulation of state governments reliance on block grants to provide freedom to states on localities over spending national dollars reused and advocated by President Ronald Reagan in 1980s What is the Articles of Confederation and what were the problems with it The Articles of Confederation were the first attempt by the United States to create a constitution adopted on November 1777 but it had no executive power to carry out laws there was a single legislative branch in each state and each state had their own currency trade and provides only protection What is limited government and how do federalism republicanism the separation of powers and the system of checks and balances limit government activity that is how does the American political system seek to limit a tyranny of the majority Limited government is a political paradigm under which the citizenry has significant power to in uence the rule of law and where government is kept to a minimal size through Separation of powers Which were the Civil War aka the Reconstruction Amendments and what did they do The civil war amendments are the 1315th amendments five years following the civil war They were important for the reconstruction of the nation l3th abolished slavery 14th reversed dual citizenship and the 15th amendment prohibited the government from denying a citizen the right to vote based on that citizen39s quotrace color or previous condition of servitudequot Why did the civil war reconstruction amendments exclude women from the right to vote They excluded women to make ratification of the amendments easier What is the Lemon Test What are the three prongs of the Lemon Test A test used to see if a government action is constitutionally secular with religion The three prongs are to have a secular legislative purpose to not have the primary effect of advancing or inhibiting religion and no excessive entanglement with religion The US has gone through a few distinct periods of federalism What are they The Periods were during and after the Great Depression at the start and after the Civil War on sovereignty and supremacy of federal law What are grantsinaid How do they fit into the practice of coercisecreative federalism The Grantinaids are money sent by federal government to the states for their own projects and the federal government can regulate the states into doing desired actions by placing strings attached What effect did the Great Depression have on federalism in the United States It led to an increase in unemployment and homelessness The great depression led to a shift in federalism as President Franklin Delano Roosevelt made reforms and created the New Deal s reliefrelated agencies to stabilize the economy creating modern day welfare state He pressured congress into fair job standards limiting maximum work hours and prohibited child labor What are the different terms of office for Congress the Presidency and the Courts 0 Terms in Congress House of Representatives two year terms Senators six year terms 0 Terms in Presidency President four years for each elected term can only be elected twice 0 Terms in Courts Judges Appointed for life What was the significance of the Marbury v Madison decision It established the concept of Judicial Review Explain the process through which the US Constitution can be amended First amendments can take place by a vote of twothirds of both the House of Representatives and the Senate followed by a ratification of threefourths of the various state legislatures ratification by thirty eight states would be required to ratify an amendment today Twothirds of the state legislatures if the Convention39s proposed amendments are later ratified by threefourths of the state legislatures What are the limitations on free speech rights On the freedom of the press The limitations on freedom of speech do not protect fighting words Slander Obscenity and Commercial Speech The limitations on freedom of press are not protected are libel Gag Orders and Prior Restraint Describe the process by which Amendments are proposed and ratified 0 Stage oneAmendment proposal Amendments are proposed by either by both twothirds of the House of Representatives and Senate or a national convention called by Congress in response to twothirds of the states 0 Stage two Amendment ratification The state legislatures of three fourths to approve it or special ratifications conventions held in threefourths of a state What is the exclusionary rule Any illegal evidence found on the scene but not included in a warrant are to be excluded or dropped from the arrest What is eminent domain The right of a government or it s agent to expropriate private property for public use with payment of compensation Where is the right to privacy found in the Constitution How did it apply in Roe v Wade Part of the 9th and 4th amendments and it applied to Roe v Wade as it helped women have the right to their decision for a private abortion unseen to only medical records This was done on two legitimate reasons protecting women39s health and protecting the potentiality of human life What was the significance of the Plessy v Ferguson decision The riling said it was not illegal to separate two races as long as they were equal This case protected the separate and equal doctrine to racially discriminate into the 20th century What was the significance of the Brown v Board decision It overturned the separate but equal doctrine established by the Plessy decision How did the Civil Rights Act of 1964 and the Voting Rights Act of 1965 put a stop to Jim Crow laws in the American South They both rendered the Jim Crow laws unconstitutional What are the Judicial Standards of Review for Civil Rights cases Judicial Review is the ability of the Judiciary Branch to declare a law unconstitutional The Judicial Standards of Review cases are 0 Hirabayashi vUnited States 1943 and Korematsu v United States 1944 detained after Pearl Harbor in 1941 and said this was a violation of his Equal right Protection Clause of the 14th amendment 0 The United States v Carolene Products Company case 1938 where the Court introduced the idea of scrutiny and suggested different cases need different levels of judiciary review 0 Craig v Boren 1976 where an Oklahoman law was made to set minimum age requirements for biological sex Women are allowed to drink at age 18 and men at the age of 21 Curtis Craig said it was a violation of their Equal right Protection Clause of the 14th amendment The court favored Craig and the law was deemed unconstitutional Explain the difference between equality of opportunity and equality of outcome The equality of opportunity refers to the idea everyone has the same equal chance to succeed in the beginning and the equality of outcome is to ensure that previously or currently disadvantaged members of society catch up with other members of society with a greater chance of success What was the Equal Rights Amendment and why did it fail It is a proposed amendment to the US Constitution stating that civil rights may not be denied on the basis of one39s sex It failed due to it was not ratified by the necessary thirtyeight states and the government did this to prevent preparing too much constitutional amendments made by women as they already let African American me are already allowed What is the significance of the Miranda V Arizona case It had a great amount of significance on law enforcement causing police to inform a person s right at the time of arrest through the Miranda Rights such as the right to an attorney and refusal to answer questions What governing institution does Article I create Article 11 Article III 1 Legislative Branch 2 Executive Branch 3 Judicial Branch
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