Gov test one

GCSU gov with Professor Spann

Federalists

Do want to ratify the constitution

Anti-Federalists

Do not want to ratify the constitution.

Federalist Papers

Written by Hamilton and Madison to convince people to ratify the constitution.

Federalist 10

Written by Madison concerned with factions and argued factions were unavoidable. Competition among factions would help to prevent tyranny of the majority. A large republic with many competing interest is harder to fall under the sway of any one faction compared to a small one.

Federalist 51

Written by Madison and distinctively argues that a stronger, more centralized government is necessary. But limits were still needed and argued this would be done with checks and balances.

Filibuster

A senator stands up and starts talking and keeps talking on until the other side kills the law.

Federalist 68

Written by Hamilton and defends the concept of the Electoral College. Argues you cant trust the people to elect the president and that they are too likely to elect someone unqualified.

Bill of Rights

The anti-federalist main victory in first 10 amendments to the constitution. Federalist promising to pass a bill of rights at the first opportunity arguably tipped the balance in their favor.

Requirements for amending the constitution

2/3 of congress and ¾ of states. There have been 17 amendments to the constitution since the bill of rights but none have been added since 1992.

27th amendment

Forbids congress from raising or lowering their salary while in their two year session. Most recently added in 1992 but was proposed in 1789.

Pros to Federalism

Allows different subcultures to do things their own way to some degree is probably good for stability. (Ex: Hope scholarship in GA).

Cons to Federalism

Empowers states to resist popular changes to how things are done. Even if congress passes a bill or a president issues an executive order states can still resist.

Enumerated Powers

Powers specifically granted to the federal government by the constitution.

Example of Enumerated Powers

Printing money

Concurrent Powers

Powers shared by both the national and state governments

Example of Concurrent Powers

Levying taxes

Reserved Powers

Powers left up to just the states.

Example of Reserved Powers

Elections

Ex Post Facto Law

Gov retroactively punishes people for breaking laws that did not exist at the time the “crime” occurred. Changes the legal punishment after the fact. The government is not allowed to do this.

What other powers are denied under the consitution.

Granting titles of nobility and government employees cannot work for foreign governments or accept gifts.

Nullification

The concept that a state can declare a federal law void. This is not allowed, states cannot do this.

De-Facto Nullification

When states/cities stop following a federal law but the federal government does not care enough to step in.

Supremacy Clause

Plainly states that the constitution and federal law are superior to state or local law when a dispute arises.

Unprincipled Federalism

When one party is in power, they tend to favor less federalism and want other actors to fall in line.

Pure Public Goods

Things the gov provides and everyone can enjoy.

Example of Pure Public Goods

National military defense

“Rival” Public Goods

Things that not everyone can use at the same time

Collective Actions Problems

Problems that arise because humans cannot cooperate together. (Ex. Overfishing)

Prisoners’ Dilemma

Two people get arrested for the same crime, they get questioned separately, and you pit them against each other until someone tells the truth.

Free Rider Problem

Everyone is supposed to give their fair share but most people do not.

Tragedy of the Commons.

Individuals with access to a shared resource act in their own interest and end up depleting or ruining that resource for everyone.

Civil Rights

Things the government must provide for you or facilitate for you. (Ex: K-12 education).

Civil Liberties

Things the government cannot take away. (Ex: freedom of speech)

Establishment Clause

Federal government cannot form an official religion.

Free Exercise Clause

Government cannot prohibit individuals from practicing their religion.

Zero Sum Thinking

The mindset that assumes what is bad for one group is inherently good for another

Freedom of Expression

You can say whatever you want but if your speech causes riot or danger then you cannot say it.

Imminent Lawless Action Test

Reserves the possibility of punishment for speech intended to incite violent action like the overthrow of the government or criminal activity.

Prior Restraint

Restraining and Activity before it occurs

Slander

Public utterance of false statement that harms the good reputation of another

Libel

Public utterance of false statement that harms the good reputation of another but in writing.

Freedom of Press

The right of journalist, media organizations, and individuals to publish news information and opinions freely without government censorship, control, or prior restraint.

Actual Malice

Must be proven for a public figure to seek legal recourse and this is a very high standard. Basically a conspiracy must be proven.

De Jure Segregation

Segregation written into the law (ex: Jim Crow laws)

Andrew Young

First African American congressman elected in GA, UN ambassador, 2nd African American mayor of Atlanta, and first African American to run for governor.

John Lewis

One of the younger members of the MLK organizations and was present at pivotal moments of the movement, arrested dozens of times, and nearly beaten to death several times.

Truman

First president to make civil rights a significant part of their campaign.

1957 Civil rights Act

Passed by Truman but was very weak. Slightly cracked down on voter discriminations. Longest filibuster of history was launched to try and block it and Strom Thurman spoke for 24 hours.

Lyndon B Johnson

Made lots of progress for civil rights.

1964 civil rights act

Outlawed discrimination based on race, color, religion, sex or national origin. It ended unequal applications of voter registration requirements and racial segregations in facilities that served the general public.

1965 Voting Act

Forbids tests and many mechanisms used to restrict voter eligibility.

24th amendment

Eliminated the poll tax

1968 fair housing act

Gets rid of redlining. Banned discrimination in housing and established penalties for those attempting to interfere with individual voting rights.

Split-ticket voting

When voters support candidates from one party for some offices but candidates from another party for other offices.

Cause of the American Revolution

Taxation without representation

Preamble

Justifies the founders decision to rebel

What are the Grievances (unhappy with)

1. taxation without representation

2. trials held in England (not a jury of their peers)

3. could only trade with England

4. limited colonial autonomy

5. station troops during a time of peace

What impact did the revolution have?

Ressurects the idea of a democracy and separates church and state.

Why was the American Revolution different than the French Revolution?

The french revolution was less democratic, very bloody, and it failed.

Mayflower Compact

First written framework of government in the United States.

Articles of confederation

First attempt to structure an American government but had too limited government power.

Shays Rebellion

Led 1500 men in an attempt to take over the Massachusetts state govs arsenal in Springfield. The goals was for the state courts to stop prosecuting debtors. They were repelled by state militia but showed fundamental discontent with the new government.

Constitutional Convention

May to September 1787 and addressed the weak central government under the Articles of Confederation.

What did the Constitutional Convention accomplish?

1. Created the house and the senate - Great Compromise

2. 3/5 compromise for slavery

3. Created the executive branch

4. Created the consitution

How many states to ratify the consitution?

¾ of states

Eminent Domain

The power of the government to take private property for public use, provided the owner receives fair payment. (ex: commonly used when gov builds new highways).

Cruel and Unusual Punishments

Modern interpretations of the 8th amendment have resulted in a shift away from capital punishment or the death penalty.

Judicial Review

Not explicitly laid out in the constitution but the supreme court rules were clearly implied. (ex: right to privacy)

Gideon v. Wainwright

Significantly expanded the rights and protections of criminal suspects.

Miranda v. Arizona

Establishes that suspects must be informed of their rights before anything they say in custody can be used in court.

Exclusionary Rule

Protection against any unreasonable searches and seizures means that evidence obtained without a proper search warrant is rarely admissible in court.

Social and Economic Rights

Considered proscriptive/positive rights that stem from the western socialist tradition and focus on social equality and governments responsibility to provide for its citizens. (government acts on behalf of the citizens).

FDR four freedoms

1. freedom of speech and expression

2. freedom of worship

3. freedom from want (economic → secure a healthy and peaceful life)

4. freedom from fear (prevent physical harm)

Reconstruction

The period following the Civil War 1865-1875 when the South was occupied by federal troops and forced to change its laws and treatment of African Americans. Forced to ratify the 13,14, and 15 amendments before the south was allowed back into the union.

13th amendment

Ended slavery

14th amendment

Grands equal protection under the law for African Americans

15th amendment

established voting rights for African American men

1876 Election

Ended reconstruction and was the most corrupt election because of fraud, competitiveness and multiple candidates.

Why was the 1876 election corrupt?

The Klan stopped republicans and African Americans from voting with threats and violence. They also stole and destroyed ballots.

Plessy v. Ferguson

Resulted in the doctrine of separate but equal accommodations being ruled as constitutional by the Supreme Court.

Jim Crow Laws

laws discriminating against African Americans

Voter Discrimination Laws

Voting laws that discriminated against African Americans and poor whites. (poll tax, literacy test, white primaries, grandfather clause, good character requirements.)

White Primaries

Southern states claimed that political parties were clubs and so they could set their own membership requirements. Led many African Americans not being allowed to vote in primaries and only general elections. Later ruled as unconstitutional.

Brown v. Board of Educartion

Ruled that separate but equal is not constitutional in 1954. Overturned segregation laws.

March on Washington

Where MLK gave his “I Have a Dream” speech. Attended by high profile individuals and celebrities. Credited with getting JFK and LBJ to push harder for civil rights legislation.

Freedom Rides

1961 civil rights protests where Black and white activists rode interstate buses together through the American south to test and challenge segregated public transportation.

Bloody Sunday

A march from Selma to Montgomery to demand equal voting rights for Black Americans. A key figure was John Lewis

Womens rights

Women got the right to vote in all states with the 19th amendment after WWI.

Equal pay act (1963)

Prohibits sex based wage discrimination in the payment of wages and benefits.

Equal Credit Act (1974)

Prohibited sex based discrimination in financial lending.

Lilly Ledbetter act (2009)

Made it easier for women to sue companies that did not compensate them the same as men and also threw out the old policy that women had to take their places of work to court within a specific amount of time for wage discrimination or forfeit their right to sue.