Federal Government Exam #1

Define Normative Social Science:

- evaluates & prescribes what ought to be (based on ethical/moral/philosophical standards)

- involved in making recommendations for political action or reform by using theories from ethics/philosophy/political theory

Define Empirical Social Science:

- focuses on the actual occurrences & data related to government actions/policies

- seeks to understand & explain social phenomena as they occur by using quantitative and qualitative research methods

What is Easton's Systems Theory?

- proposed that political systems function similarly to environmental systems

- created the The Environment Model which is divided by demographics making up nation's culture (groups like age/sex/SES/etc.)

Define Political Inputs:

- demands & supports that come from the environment surrounding the political system

- Demands = requests for policy changes

- Supports = ways in which citizens back the political system (ex: participating in elections)

Define Political Outputs:

public and/or foreign policy

Define Feedback Loop:

crucial for political system's adaptability & responsiveness by being able to adjust policies based on their outcome

Define The Environment:

Easton emphasized that political systems don't operate in isolation but instead are influenced by their surrounding environment

Define Incrementalism:

the concept of making small/gradual changes over time to policies rather than attempt large reforms

Define Pluralism:

- political theory arguing that power should not be concentrated in the hands of a single elite/group in a democratic society, instead distributed among diverse groups with different economic, ideological, and cultural perspectives

- fosters negotiation/compromise among competing interests

Define Ideology:

- a cohesive set of ideas & beliefs that allows an individual to organize/evaluate the political world

- major source of political conflict/not always straightforward

- Conservative —> Republican (Order —> Freedom —> Equality)

- Liberal —> Democrat (Equality —> Freedom —> Order)

Define the Enlightenment Movement:

- an intellectual movement between 17th & 18th centuries emphasizing reason/individualism/skepticism of traditional authority

- led to significant changes in society/politics/science (away from medieval thinking)

What were the ideas of Plato (The Republic)?

- an ideal city would be governed by philosopher-king rulers possessing wisdom & virtue

- argues the city should be structured into three classes (rulers = wisdom, auxiliaries/warriors = courage, producers = appetite/desire)

- believed if people are left unchecked, they will be driven by greed/ambition/ignorance (individuals unable to rule themselves)

What were the ideas of Aristotle (Politics)?

- emphasizes the city-state is a natural entity made up of smaller parts (households/villages) & together form a complete whole

- Positive View on Human Nature

- explains the city has different parts (citizens, classes, roles) each with a distinct function but must cooperate for the well-being of the whole

- Politics Rules Over "Free Equals"

What was Aristotle's view on Human Nature?

- sees humans as political animals

- believes humans are meant to live in communities/seek cooperation/use reason & speech to deliberate about justice (recognizes individuals fall short of this due to selfishness/corruption)

What was Aristotle's Politics Rules Over "Free Equals"?

politics is not domination but instead rules among citizens who are fundamentally free and equal

Who was Niccolo Machiavelli?

- wrote The Prince which deeply influenced Enlightenment philosophers

- the book was a manual for rulers that argues political power requires realism & leaders can sometimes act immorally to secure stability/survival of their state

Who was Thomas Hobbs?

- believed humans are naturally self-interested/competitive/driven by desires for power

- said that in a state of nature (world without strong leadership) = life would be "poor, nasty, brutish, short"

- argued people form Social Contract Theory:

Define Thomas Hobbs' Social Contract Theory:

- people give up certain freedoms and in return receive protection/order/security from a sovereign authority

- creates a civil society where laws & authority replace anarchy

Who was John Locke?

- argued all humans are born with natural rights that can't be taken away since they're God given (life, liberty, property)

- argued purpose of government is to protect natural rights (if it fails, citizens have a right to rebel & form new government)

- argued protecting property encouraged industry/trade/economic growth

- believed concentrating power in one person/body was dangerous and can lead to tyranny (divided government into three functions & favored limited government)

Who was Montesquieu?

- Proposed Separation of Powers:

* Legislative —> make laws

* Executive —> enforces laws

* Judicial —> interprets & applies laws

- stated each branch should be independent yet capable of checking one another

- argued for a republic to survive = citizens must be educated in virtue & civic responsibility

- saw commerce as an extension of property and freedom

Who were the Critics of the Enlightenment?

Jean Jacques Rousseau & Friedrich Nietzsche

Who was Jean Jacques Rousseau?

stated individuality leads to chaos

Who was Friedrich Nietzsche?

- believed the Enlightenment destroyed faith in religion/traditional morality & failed to replace it with a compelling new foundation

- Wrote The Last Man

- Secularization Theory

What was Friedrich Nietzsche's The Last Man about?

critique of the Enlightenment Society where people are safe/equal/comfortable but spiritually empty & devoid of greatness (democracy risks becoming shallow)

What was Friedrich Nietzsche's Secularization Theory?

stated enlightenment values led to governments moving away from religious authority towards science/reason (saw as dangerous)

List the Principles of Democratic Government:

- Popular Sovereignty

- Natural Rights

- Limited Government

- Separation of Powers

- Checks & Balances

- Laissez Faire Economics

- Majority Rule

- Minority Protection

- Consensus

Define Popular Sovereignty:

the government gains its legitimacy through elections where people participate to choose leaders (political power comes from the people)

Define Natural Rights:

known as unalienable rights that include life/liberty/pursuit of happiness (in Declaration of Independence)

Define Limited Government:

- a system where government power is restricted by law or constitution to protect individual rights/property

- prevents tyranny by ensuring leaders cannot exercise unchecked authority

Define Separation of Powers:

the division of government into separate branches with distinct powers that prevent any one branch from dominating

Define Checks and Balances:

branches can limit one another's power which is designed to maintain balance/prevent abuse (ex: president can veto, congress can impeach)

Define Laissez Fair Economics:

a policy of minimal government interference in the economy based on the Enlightenment economic thought (ex: free markets & competition regulate themselves better than government intervention)

Define Majority Rule:

decisions in a democracy are made by more than half of the people to ensure the government reflects the will of the majority

Define Minority Protection:

safeguards the rights of individuals/groups who aren't apart of the majority to prevent majoritarian oppression (ex: constitutional rights protect minorities from laws/policies passed by majority vote)

Define Consensus:

the broad agreement among diverse groups in society on basic political principles to provide stability (ex: rule of law, elections, peaceful transfer of power)

List the Key Principles of the Declaration of Independence:

- Thomas Jefferson was Principal Author & Drew Ideas from John Locke

- Transformed The Enlightenment Theory into Practical/Political Document

- Formerly Declared Independence —> Colonies Committed Open Rebellion Against Britain

- Listed 27 Grievances Documenting Abuses of Power (from King George III)

- Became a Model for Other Independence Movements & Democratic Constitutions

What were the ideas Thomas Jefferson took from John Locke to Author the Declaration of Independence?

- Natural Rights (life/liberty/property) —> adapted as life/liberty/pursuit of happiness

- Government by Consent of Governed: government's legitimacy & authority is derived from the people's approval

- Right to Alter/Abolish Government (if it becomes destructive of rights)

How did the Declaration Transform Enlightenment Theory into a Document?

by clearly stating why the colonies were breaking from Britain & outlined core principles for The Articles of Confederation

What were the Motives for the Colonies Committing Rebellion Against Britain?

- Political: desire for self-governance & freedom from parliamentary taxes/law

- Economic: control over trade/taxation/resources

- Social: desire to form a society based on equality & liberty rather than inherited privileges

List the Problems of The Articles of Confederation:

- Loose Alliance

- Unicameral Legislature

- Congress Had Limited Powers

- States Coined Own Money

- Unable to Maintain Order

What was the Loose Alliance Problem in The Articles of Confederation?

- created a confederation (a union of sovereign states with a weak decentralized government)

- national government had limited authority mostly handling diplomacy/war

- states retained most of their independence

What was the Problem with Unicameral Legislation in the Articles of Confederation?

- national government had only one legislative body

- each state had only one vote (no matter the size/population)

- no separate executive & judicial branch leaving governance in state hands

What was the Problem with Congress in The Articles of Confederation?

had no power to tax & enforce laws making it hard to respond effectively to national issues

What was the Problem with States Coining Their Own Money in The Articles of Confederation?

each state had its own currency which caused confusion in trade between states/economic instability/difficulty in funding national government & paying debts from war

How was The Articles of Confederation Unable to Maintain Order?

Weak Government Struggled to Handle Domestic Unrest:

- Border Skirmishes: occurred between states over territory & trade

- Shays' Rebellion: Massachusetts farmers protested high taxes & debt which highlighted the central government's inability to raise an army & enforce order

Who was James Madison?

Father of The Constitution (played a critical role in shaping the agenda & framework for government)

List the Principles of Madison's Federalist 10 Paper:

- focuses on the problem of factions

- argues factions are inevitable because of diversity of human interests

- argues eliminating factions would remove liberty

- states the way to deal with factions is structure government to limit the damage factions can do

- argues a large republic over small one

Define Factions:

groups of citizens united by interests that may be adverse to the rights of others/public good

Why did Madison Argue for a Large Republic?

better for controlling factions since competing interests make it harder for one faction to be in power

List the Principles of Madison's Federalist 51 Paper:

- explains how government can be structured to prevent abuse of power

- Ambition Must Counter Ambition

What was Madison's Principle of "Ambition Must Counter Ambition" in his Federalist 51 Paper?

people in power are naturally ambitious so to prevent one branch from dominating, the Constitution sets up a system where each breach has powers that check the others to ensure balance

Define the Elastic Clause (Necessary and Proper Clause):

- Located Article 1, Section 8 of Constitution

- says congress can pass laws related to any of its executive powers (ex: can draft for the army)

What was Gibbons vs. Ogden & Its Impact on The Elastic Clause?

Gibbons vs. Ogden: confirmed federal control over interstate commerce, limited state interference, and expanded national power

What was Marbury vs. Madison?

- John Adam's lost the presidential election to Thomas Jefferson, he appointed several midnight judges to federal courts

- Marbury was appointed but didn't receive his commission, so he petitioned the Supreme Court for a writ of mandamus & asked the Court to force Secretary of State Madison to deliver the commission

- The Supreme Court denied Marbury's request stating the law he relied on (Judiciary Act of 1789) was unconstitutional

Define Writ of Mandamus

forces a public official to carry out a legal obligation

What did the Marbury vs. Madison Case Establish?

- the judiciary branch as a co-equal branch of government (capable of checking Congress and the President)

- ensures no law or executive action can violate the constitution

Define The Full Faith & Credit Clause:

- located Article 4, Section 1 of Constitution

- require that each state must honor/respect one another's laws (ex: driver's license is valid across states without needing a new one at each border)

Define National Supremacy Clause:

- located Article 6 of Constitution

- says the constitution and all federal laws/treaties are the supreme law of the land (ex: if state law conflicts with federal law, then federal law wins)

What was McCulloch vs Maryland & Its Impact on the Supremacy Clause?

- Congress created a national bank & state of Maryland tries to tax it

- the banks cashier (McCulloch) refused to pay the tax so Maryland argues federal government had no constitutional authority to create a bank

- Court ruled Congress did have power to create a bank under Elastic Clause and declared under Supremacy Clause that states cannot tax or control federal institutions

Amending the Constitution is located in which Article of the Constitution?

Article 5

List the 2 Ways to Propose Amendments:

- Proposal by Congress

- Proposal by Convention of States

How does Proposal by Congress work?

an amendment must be approved by 2/3 vote in both the House and Senate (method used every time)

How does Proposal by Convention of States work?

2/3 of state legislatures can call for a national convention to propose amendments (method hasn't been used since Constitutional Convention)

List the 2 Ways to Ratify Amendments:

- Ratification by State Legislature

- Ratification by State Conventions

How does Ratification by State Legislature work?

3/4 of state legislatures must approve the amendment (most common method)

How does Ratification by State Conventions work?

3/4 of state conventions must approve (method only been used to repeal prohibition act)

Define The Bill of Rights:

the first 10 amendments that protect individual rights & liberties (helped secure ratification in big states)

List the Five Basic Freedoms of The First Amendment:

- Freedom of Press

- Freedom of Speech

- Freedom of Religion

- Freedom of Assembly

- Freedom to Petition

Define Freedom of Press:

- protects the right of journalists/writers/media organization to publish information without government censorship

- ensures the public has access to information about government actions/social issues/events around the world

Which Court Case is an Example of Freedom of Press?

New York Times vs. U.S: the government couldn't block publication on the Pentagon Papers

Define Freedom of Speech:

- protects individuals' right to express ideas/opinions/beliefs without government interference - can cover spoken words/artistic expression/symbolic acts (wearing armbands & burning flags out of protest)

List Principles of Freedom of Religion:

- Religious Clauses: Establishment Clause & Free Exercise Clause

- Wall of Separation

- Supply Side Model

Define The Establishment Clause:

congress can't establish religion, sponsor/endorse religion, and favor one religion over the other

Define The Free Exercise Clause:

people are free to practice any religion and congress can't interfere unless for important secular reasons

Define Wall of Separation:

ensures a separation of church and state to prevent religious oppression

Define Supply Side Model:

a theory in religious studies when the "religious marketplace" is open (no-state enforced monopoly), so different denominations compete for members

Define Accommodationists:

believe the government can support/acknowledge religion (if it doesn't show preference for only one faith)

Define Separationists:

argue for a strict "wall of separation" between church and state & insist government must stay entirely out of religious matters

What was Lemon vs. Kurtzman & Its Impact on Freedom of Religion?

- Supreme Court ruled that providing government funds to church ran schools was unconstitutional since it resulted in excessive entanglement with religion

- Established Lemon Test

Define Lemon Test:

stated a practice violated the establishment clause if the action had no legislative secular purpose, neither advanced/inhibit religion, and fostered excessive government entanglement with religion

What was Kennedy vs. Bremerton School District & Its Impacts on Freedom of Religion?

- high school coach prayed on the filed after games ended so the school tried to stop him by citing The Establishment Clause

- Court ruled in favor of the coach by emphasizing individual religious freedom

Define Freedom of Assembly:

grants the right for people to gather peacefully for meetings/protests/marches/demonstrations (government may set reasonable restrictions on time/place/ manner)

Define Freedom to Petition:

the right for individuals & groups to complain or seek action from the government.

List the Exceptions with Government Regulated Speech:

- Clear & Present Danger

- Slander & Libel

- Fighting Words

- Obscenity & Porn

Define Clear & Present Danger:

allows government to restrict certain speech deemed dangerous (ex: yelling fire in movie theater)

Define Slander & Libel:

- Slander: spoken false statements that damage someone's reputation (defamation of character)

- Libel: written slander

Define Fighting Words:

direct personal insults likely to provoke violence

What was Chaplinski vs. New Hampshire & Its Impact on Government Regulated Speech?

- Chaplinski distributed religious pamphlets in the street and got into a heated argument with an officer calling him a fascist and was arrested

- Court upheld his conviction and established the Fighting Words Doctrine

Define Obscenity & Porn:

- never had full first amendment protection

- Miller vs. California

What was Miller vs. California & Its Impact on Government Regulated Speech?

- Miller conducted a mass mailing campaign to advertise the sale of adult books/films which cause recipients to complain leading to his conviction

- Court held that obscene material is not protected by the first amendment

- Established Miller Test

Define Miller Test:

material can be banned if it appeals to prurient interests, is patently offensive, and lacks serious value

What is the Second Amendment?

Right to bear arms/gun rights

What was the Traditional Interpretation of the Second Amendment?

the right to bear arms within the context of serving in a militia (rather than an individual right to own a gun)

What was the Brady Bill & Its Impact on The Second Amendment?

passed after Reagan Assassination attempt which mandates a background check & 5 day waiting period for any handgun purchase

What was District of Columbia vs. Heller & Its Impact on The Second Amendment?

recognized an individual's right to bear arms for self-defense/hunting and noted state governments can enforce restrictions (ex: felons & mentally ill are impaired from buying guns)

List the Amendments Involving the Rights of the Accused:

4th, 5th, 6th, 8th Amendments

Define The Fourth Amendment:

unreasonable searches & seizures

How did The Patriot Act Expand Surveillance Powers After 9/11?

- Easier to conduct sneak and peak searches

- Broden internet surveillance

- Increased government access to individuals' library/banking/medical records

- Permit roving wiretaps for suspected terrorists

Define The Fifth Amendment:

miranda rights & self incrimination

What was Miranda vs Arizona & Its Impact on The Fifth Amendment?

- Miranda was convicted in court of kidnap and rape on basis of confession from 2 hours of questioning

- Court overturned conviction stating it wasn't a product of his free will

- Established Miranda Rights