Gov Exam 1

What are public goods?

Goods that are available for people to use and are connected to the need for government.

What are common goods?

Shared resources that can be depleted through use.

What is democratic theory concerned with?

The role citizens play in government.

What is civic engagement?

Citizens participating and becoming involved in government and politics.

What document came before the Constitution?

The Articles of Confederation.

Why was a new Constitution created?

The Articles of Confederation had weaknesses, leading to the Constitutional Convention.

What was the Virginia Plan?

Representation in Congress would be based on a state's population.

What was the New Jersey Plan?

States would have equal representation.

What was the Great Compromise?

A bicameral legislature: population-based representation in the House and equal representation in the Senate.

What major problem did Madison discuss in Federalist No. 10?

Factions and how to protect minority rights in a system based on majority rule.

What does Federalist No. 51 focus on?

Checks and balances and the idea that "ambition" should check "ambition."

What issue divided Federalists and Anti-Federalists?

How powerful the federal government should be.

Who supported ratification of the Constitution?

Federalists.

Who opposed ratification of the Constitution?

Anti-Federalists.

Why did Federalists support a stronger central government?

They believed it was necessary to avoid the problems of the Articles of Confederation.

What did Anti-Federalists fear?

A federal government that was too powerful.

What concerns did Anti-Federalists have about Congress?

They feared Congress would create burdensome taxes.

What did Anti-Federalists fear about the presidency?

That the president could become king-like.

What did Anti-Federalists fear about the Supreme Court?

That it could overpower state courts.

What major protection did Anti-Federalists say the original Constitution lacked?

A Bill of Rights.

What was the Three-Fifths Compromise?

Enslaved people were counted as three-fifths of a person when determining population for representation.

What is separation of powers?

Government power is divided among different branches or levels.

What are checks and balances?

A system allowing parts of government to limit one another's power.

What are some key features of the Constitution?

Limited government, the Bill of Rights, checks on majority rule, separation of powers, checks and balances, and protection of property rights.

What is federalism?

A system that divides government power between the national government and state governments.

What are enumerated powers?

Powers specifically given to the national government.

Where are many enumerated powers listed?

Article I, Section 8.

Give examples of enumerated powers.

Coin money, regulate interstate commerce and international trade, declare war, provide an army and navy, and establish post offices.

What are implied powers?

National powers that are not directly stated but come from the powers granted in Article I, Section 8.

What are reserved powers?

Powers reserved to the states or the people.

Which amendment is associated with reserved powers?

The 10th Amendment.

Give examples of state powers.

Issue licenses, regulate intrastate businesses, conduct elections, establish local governments, and promote public health and safety.

What are concurrent powers?

Powers shared by the federal and state governments.

What is the Supremacy Clause?

The Constitution and federal law are the "law of the land" when federal and state laws conflict.

What is horizontal federalism?

Relationships between the states within the federal system.

What is the Full Faith and Credit Clause?

States must recognize the public acts, records, and judicial proceedings of other states.

What is an example of Full Faith and Credit?

Recognizing things such as driver's licenses or marriage licenses from other states.

What are Privileges and Immunities?

States cannot discriminate unfairly against citizens of other states.

What is dual federalism?

One stage/type in the evolution of federalism covered for the exam.

What is collaborative federalism?

One stage/type in the evolution of U.S. federalism covered for the exam.

What is New Federalism/devolution?

A form of federalism involving a shift of power or responsibility toward the states.

What other types of federalism are on the study guide?

Coercive, picket-fence, and competitive federalism.

How can federalism accommodate regional differences?

States can respond differently based on their history, economy, and ideology.

Why are states sometimes called "laboratories of democracy"?

States can experiment and innovate with different policies.

How can federalism increase political participation?

Citizens and interest groups have multiple levels of government where they can seek change.

What is one downside of federalism?

Large differences or gaps can develop between states.

Why can federalism make coordination difficult?

Different states can have different laws, policies, and requirements.

How can federalism complicate emergencies?

State actions may interfere with national responses, and national actions may complicate state responses.

What is the Bill of Rights?

The first 10 amendments to the Constitution.

Did the Bill of Rights originally apply directly to the states?

No. It initially applied to the federal government.

How did many Bill of Rights protections become applicable to states?

Through the 14th Amendment using selective incorporation.

What is selective incorporation?

Applying protections in the Bill of Rights to states on a case-by-case basis through the 14th Amendment.

What competing interests may be balanced in civil-liberties cases?

Safety, security, and privacy.

What is the difference between civil liberties and civil rights?

Your study guide identifies this as an exam topic, but the provided notes do not give a full definition comparing the two.

What are the two main religion clauses?

The Establishment Clause and Free Exercise Clause.

What does the Establishment Clause prevent?

Government establishment of religion.

What kinds of issues involve the Establishment Clause?

Government support for religious education and government displays of religiosity.

What does the Free Exercise Clause protect?

The ability to practice religion without the government outlawing a religion.

What kinds of issues involve Free Exercise?

Government accommodations and religious exemptions.

What was the Lemon Test used for?

Determining whether a government practice violated the Establishment Clause.

What are the three parts of the Lemon Test in your notes?

A practice can violate the clause if it lacks a secular purpose, advances or inhibits religion, or causes excessive government entanglement with religion.

Who does the First Amendment restrict?

The government.

Does the First Amendment generally protect you from private individuals or organizations?

No.

What examples of private actors appear in your notes?

Private employers, private colleges, and private landowners.

What level of review applies to content-based speech restrictions?

Strict scrutiny.

What must a law generally satisfy under strict scrutiny according to your notes?

It must serve a compelling state interest, be narrowly tailored, and use the least restrictive means.

What level of review applies to content-neutral regulations?

Intermediate scrutiny.

What types of speech are listed as limited or regulated?

Seditious speech, imminent lawless action, commercial speech, libel/slander, and obscenity.

What is the clear and present danger test?

A test established in Schenck v. United States permitting restrictions on speech considered dangerous.

What case established the direct incitement test?

Brandenburg v. Ohio.

What type of speech does the direct incitement test address?

Threatening/inciting speech.

What is prior restraint?

It is listed on your study guide as a freedom-of-speech concept, but your class notes provided here do not define it.

Virginia Plan vs. New Jersey Plan

Virginia = population representation; New Jersey = equal state representation.

Great Compromise

House = population; Senate = equal representation.

Federalist No. 10

Madison; factions.

Federalist No. 51

Madison; checks and balances.

Federalists

Supported Constitution/stronger central government.

Anti-Federalists

Feared strong central government and wanted rights protected.

Enumerated powers

Specifically granted national powers.

Reserved powers

State powers; tied to the 10th Amendment.

Supremacy Clause

Federal law is supreme when valid federal and state laws conflict.

Selective incorporation

14th Amendment applies Bill of Rights protections to states case by case.

Establishment Clause

Government cannot establish religion.

Free Exercise Clause

Protects religious practice.

Content-based speech restriction

Strict scrutiny.

Content-neutral speech restriction

Intermediate scrutiny.

Schenck v. U.S.

Clear and present danger test.

Brandenburg v. Ohio

Direct incitement test.