college government final IM SO SCARED RIGHT NEOW

Direct Democracy vs. Representative Democracy

In a Direct Democracy, all citizens have the right to participate directly in decision-making processes. This means that citizens vote on laws and policies directly, without the need for elected representatives. Direct Democracy is often seen as a more inclusive form of government, as it allows for greater citizen participation.

On the other hand, in a Representative Democracy, citizens elect representatives to make decisions on their behalf. These representatives are responsible for creating and implementing laws and policies. Representative Democracy is often seen as a more practical form of government, as it allows for efficient decision-making and delegation of responsibilities.

Both forms of democracy have their advantages and disadvantages. Direct Democracy ensures direct citizen involvement but can be time-consuming and impractical for large populations. Representative Democracy allows for efficient decision-making but may not always accurately represent the will of the people.

Social contract theory / consent of the governed / natural rights

Social contract theory is a political theory that suggests individuals enter into a social contract with their government, agreeing to give up certain freedoms in exchange for protection and the promotion of their natural rights.

The consent of the governed refers to the idea that a government's legitimacy comes from the consent or agreement of the people it governs.

Natural rights are inherent rights that individuals possess, such as life, liberty, and property, which are believed to be universal and cannot be taken away by any government.

popular sovereignty vs. majority rule

Popular sovereignty refers to the idea that the ultimate source of political power lies with the people. It asserts that the authority of the government is derived from the consent of the governed. In other words, the people have the right to determine the laws and policies that govern them.

On the other hand, majority rule is a principle that states that decisions should be made by a majority of the people. It means that if more than half of the population supports a particular decision or candidate, then that decision or candidate should be accepted.

Weakness of the Articles of Confederation

The Articles of Confederation had several weaknesses, including:

1. Lack of central government power: The central government under the Articles was weak and had limited authority to enforce laws and regulate commerce.

2. No executive branch: There was no president or executive branch to enforce laws or provide leadership.

3. No power to tax: The central government had no power to levy taxes, making it difficult to fund national programs and pay off debts.

4. No national court system: There was no national court system to settle disputes between states or interpret laws.

5. Difficulty in amending the Articles: Amending the Articles required unanimous consent from all 13 states, making it challenging to make necessary changes.

6. Lack of unity among states: Each state had its own currency, trade regulations, and foreign policies, leading to economic and political conflicts.

These weaknesses ultimately led to the creation of the U.S. Constitution and the establishment of a stronger federal government.

Shay's Rebellion

Shay's Rebellion was an armed uprising in Massachusetts during 1786-1787. It was led by Daniel Shays, a former Revolutionary War captain, and was primarily driven by economic grievances and frustrations with the state government. The rebellion was a response to high taxes, debt, and foreclosures on farmers' lands. It highlighted the weaknesses of the Articles of Confederation and played a role in the push for a stronger central government, ultimately leading to the Constitutional Convention.

NJ plan / VA 3/5 Compromise

The New Jersey Plan was a proposal during the Constitutional Convention that called for equal representation of states in Congress.

The Virginia Plan, on the other hand, proposed a bicameral legislature with representation based on population.

The Three-Fifths Compromise was a compromise between the northern and southern states regarding the counting of slaves for representation and taxation purposes. It stated that each slave would be counted as three-fifths of a person.

Federalist papers

The Federalist Papers are a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay. They were published between 1787 and 1788 to promote the ratification of the United States Constitution. The essays discuss the principles and benefits of a strong central government, addressing concerns raised by the Anti-Federalists. The Federalist Papers are considered a significant source for understanding the intentions of the Founding Fathers and the interpretation of the Constitution.

powers and examples of Checks: Balances between Executive/ Judicial / Legislative

The system of checks and balances ensures that no single branch of government becomes too powerful. Here are some examples of checks and balances between the executive, judicial, and legislative branches:

1. Executive over Legislative:

   • Veto power: The President can veto bills passed by Congress.

   • Executive orders: The President can issue executive orders to implement policies without congressional approval.

   • Appointment power: The President appoints federal judges and executive officials, subject to Senate confirmation.

2. Legislative over Executive:

   • Impeachment: Congress can impeach and remove the President from office.

   • Override veto: Congress can override a presidential veto with a two-thirds majority vote.

   • Power of the purse: Congress controls the budget and can withhold funding for executive actions.

3. Judicial over Executive and Legislative:

   • Judicial review: The Supreme Court can declare executive actions or laws passed by Congress unconstitutional.

   • Interpretation of laws: The courts have the power to interpret laws and determine their constitutionality.

Delegated, Reserved, Concurrent Powers of federalism

Delegated powers are powers specifically granted to the federal government by the Constitution. Examples include the power to coin money, declare war, and regulate interstate commerce.

Reserved powers are powers that are not specifically granted to the federal government and are reserved for the states. Examples include the power to establish schools, regulate intrastate commerce, and conduct elections.

Concurrent powers are powers that are shared by both the federal government and the states. Examples include the power to tax, enforce laws, and establish courts.

Amendments 1-10 15,17,26

1. First Amendment: Protects freedom of religion, speech, the press, assembly, and the right to petition the government.

2. Second Amendment: Ensures the right of the people to keep and bear arms.

3. Third Amendment: Prohibits the forced quartering of soldiers in private homes during times of peace without the owner's consent.

4. Fourth Amendment: Protects against unreasonable searches and seizures and requires a warrant based on probable cause.

5. Fifth Amendment: Establishes various protections for individuals accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right to remain silent.

6. Sixth Amendment: Guarantees the right to a fair and speedy trial, the right to legal counsel, and the right to confront witnesses.

7. Seventh Amendment: Ensures the right to a jury trial in certain civil cases.

8. Eighth Amendment: Prohibits cruel and unusual punishment and excessive bail or fines.

9. Ninth Amendment: States that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people.

10. Tenth Amendment: Reserves powers not delegated to the federal government to the states or the people.

    The 15th Amendment prohibits the denial of voting rights based on race, color, or previous condition of servitude. It aimed to eliminate racial discrimination in voting, particularly against African Americans who had been previously enslaved.

The 17th Amendment established the direct election of United States Senators by popular vote. Prior to this amendment, senators were chosen by state legislatures. The amendment aimed to increase democratic representation and reduce corruption in the selection of senators.

The 26th Amendment lowered the voting age from 21 to 18. This amendment was a response to the Vietnam War, where young adults argued that if they were old enough to be drafted into military service, they should have the right to vote.

How can the constition be amended?

The Constitution can be amended through a two-step process. First, an amendment must be proposed, which can be done by either a two-thirds vote in both houses of Congress or by a constitutional convention called for by two-thirds of the state legislatures. Second, the proposed amendment must be ratified, which can be done by three-fourths of the state legislatures or by special state conventions in three-fourths of the states.

Gerrymandering

Gerrymandering is the practice of manipulating the boundaries of electoral districts to benefit a particular political party or group. It involves drawing district lines in a way that gives one party an unfair advantage in elections. This can be done by concentrating the opposing party's voters into a few districts (packing) or by spreading them out across multiple districts (cracking). Gerrymandering is a controversial issue as it can undermine the principle of fair representation in democratic systems.

Referendum , Recall ,Initiative

1. Referendum: A referendum is a direct vote by the public on a specific issue or law. It allows citizens to directly approve or reject a proposed law or constitutional amendment.

2. Recall: Recall is a process that allows citizens to remove an elected official from office before their term is completed. It typically involves collecting a certain number of signatures on a petition to trigger a special election to decide whether the official should be removed.

3. Initiative: An initiative is a process that allows citizens to propose new laws or changes to existing laws. It involves collecting a certain number of signatures on a petition to put the proposed law on the ballot for a direct vote by the public.

Electoral college

The Electoral College is a system used in the United States to elect the President and Vice President. It consists of electors from each state who cast their votes based on the popular vote in their respective states. The number of electors is determined by the state's representation in Congress. The candidate who receives a majority of electoral votes (270 out of 538) becomes the President. The Electoral College was established by the Founding Fathers as a compromise between electing the President by popular vote and through Congress.

Term lengths

The President serves a four-year term, while senators serve six-year terms and members of the House of Representatives serve two-year terms. Term lengths are designed to provide stability, accountability, and regular opportunities for citizens to participate in the democratic process through elections.

Responsibilities of POTUS

1. Chief Executive: Enforcing laws, managing the executive branch, and appointing federal officials.

2. Commander-in-Chief: Leading the U.S. military and making decisions regarding national security.

3. Chief Diplomat: Conducting foreign policy, negotiating treaties, and representing the nation internationally.

4. Legislative Leader: Proposing legislation, signing or vetoing bills, and delivering the State of the Union address.

5. Head of State: Symbolizing the country, hosting foreign leaders, and representing American values.

6. Economic Leader: Overseeing economic policies, promoting job growth, and managing the federal budget.

7. Party Leader: Supporting party members, fundraising, and campaigning for re-election.

Criminal VS civil law

Criminal law deals with offenses against society as a whole, such as murder, theft, or assault. The purpose of criminal law is to punish the offender and maintain public order. The burden of proof in criminal cases is "beyond a reasonable doubt."

Civil law, on the other hand, deals with disputes between individuals or entities, such as contract disputes or personal injury claims. The goal of civil law is to provide compensation or resolution for the injured party. The burden of proof in civil cases is typically "preponderance of the evidence."

Judicial review

Judicial review is the power of the courts to review and potentially invalidate laws or actions of the executive and legislative branches of government. It allows the judiciary to determine the constitutionality of laws and ensure they align with the principles of the constitution. This process helps maintain the balance of power and protects individual rights.

SCOTUS cases

Miculloch v. Maryland: establishes federal supremacy over states
Gibbons v. Ogden: Commerce clause congress broad regulatory power
Dred scott v. Sanford. Slaves are property, not citizens
Plessy v. Fergusson: seperate but equal
Schenk V US govt. can limit speech “clear and present danger"
korematsu V US: govt cant detain citizens in emergencies
Brown V Board of Education overtuned Plessy case, segregation is unconstitutional
Mappy. OH: search warrants needed otherwise evidence is thrown out
Baker v Carr Apportionment of districts must be fair as possibe “one man one vote” Engle V Vitale: no school led daily praver in public schools Gideon v. Wainwright: States must provide attorneys to defendants Griswold v. CT: information about birth control is protected under right to privacy Miranda v Az: police must inform suspects of their rights Terry V OH : police can search and seize w/ probable cause NYTimes v Us: no unlimited right to executive privelage Ro V Wade: First trimester abortions are ok. US V Nixon: executive privelage is not unlimited Texas V johnson : flag burning is ok “freedom of expression” loving v. VA: Biracial marriage is ok

Order of federal courts before a case reaches SCOTUS

1. District Court: The case begins at the district court level, which is the trial court of the federal system. There are 94 district courts across the United States.

2. Circuit Court of Appeals: If a party is dissatisfied with the district court's decision, they can appeal to the appropriate Circuit Court of Appeals. There are 13 circuit courts, each covering a specific geographic region.

3. Supreme Court: If a party is still dissatisfied with the decision of the Circuit Court of Appeals, they can file a petition for a writ of certiorari to the Supreme Court. The Supreme Court has the discretion to decide whether or not to hear the case. If they agree to hear it, the case will proceed to the Supreme Court for a final decision.