GOVT. 2305 Final

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Liberal Democracy

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Tags and Description

288 Terms

1

Liberal Democracy

rule of law - majority rule, due process and equal protection of law bill of rights election integrity separation of powers checks and balances

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Legislative Branch

Makes laws

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3

Executive Branch

Enforces laws

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Judicial Branch

Interprets laws

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5

Illiberal Democracy

Rule of law to punish enemies - majority dominates, due process and equal protection of laws for majorities Stigmatizes political opponents and majority groups Blurred Bill of Rights Questioning elections - only if you lose

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6

Turn-Key Authoritarianism

The party is absolute No questioning leadership no wide-spread elections Mass surveillance Social credit system to monitor citizens

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7

US/Western Model

Freedom and liberties supersede economic and political certainty

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8

Chinese Model

economic and political certainty override freedoms and liberties

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9

Tenets of American Democracy

Personal Liberty Equality Majority rule/popular consent Popular Sovereignty Individualism Religious Freedom

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10

Political Efficacy

Belief you can influence the government

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11

Herald Laswell

Who gets what when and how

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12

Hannah Arendt

escaped concentration camp, became a professor in America, a political writer Banality of Evil - someone who cannot sympathize

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13

Populism

Representing the people; support for the ordinary people juxtaposed with elitism

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14

Exclusive Populism

Work to exclude stigmatized groups

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15

Inclusive Populism

Work to include stigmatized groups

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16

Political Culture

Broadly shared beliefs about how government should work

ex: peaceful transition of power, equality of opportunity - not result, market place of ideas, meritocracy, tolerance

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17

Laissez-faire capitalism

an economic system in which the means of production and distribution are privately owned and operated for profit with minimal or no government interference

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18

Political ideology

Cohesive set of beliefs that form a general philosophy about government

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19

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws Due process needed for states

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20

Johnson-Reed Immigration Act

(1924) No east Europeans or Asians allowed into America

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21

Life expectancy

Declined because of COVID Women - 80 Men - 74

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22

Implications of change

Fosters an us-them mentality Women and Minorities given unfair advantage Perception that immigrants are no longer American

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23

Self-Segregation

Homogeneity Disagreement Less exposed to contrary views Technology

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24

Cass Sunstein

Law of group polarization Deliberation in a like minded group leads to extremism

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25

Morris Fiorina

political elites and purple America

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26

Statutory Constitutions

Limits Government Power

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27

Liberal Constitutions

Flexible Constitutions

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28

Purposes of the Constitution

Framework of three branches Protect civil liberties Amendment process

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29

Framer's Goals

Strong central govt. Restrained central govt. Emphasize democracy with support of ordinary people Avoid excessive democracy

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Supremacy Clause

federal law wins over state law

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31

Article 1 of the Constitution

Legislative Branch

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32

John Locke

English philosopher who argued that people have natural rights

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33

Thomas Hobbes

think that you need a leviathan or king social contract theory

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34

Bicameral System

Two houses House reps, 435 people, 2 year term, revenue bill Senate - 100 people, 6 year term

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35

Article 1 Section 8

Enumerated Powers of Congress 17 specific powers

  1. Power to tax

  2. regulates commerce

  3. Borrow $

  4. Coin $

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36

Article 2 of the Constitution

Executive Branch Term of Office (22nd amendment, 1951) qualifications (35 years old, 14 years us resident, natural born citizen) Electoral college Powers and duties for presidency State of the Union Impeachment (formally charging president)(Trump, Clinton, Jackson)

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37

Article 3 of the Constitution

Judicial Branch Supreme court Original jurisdiction ( right of authority) Terms ( for life/impeachment) Judicial Review

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38

Judicial Review

Can review the other courts for what is constitution Declare any law/act unconstitutional Comes from Marbury v. Madison

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39

Marybury v. Madison

1803 Supreme Court case that established the principle of judicial review

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40

Article 4 of the Constitution

Outlines the rights and expectations for all states and citizens including the adding of new states

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41

Article 5 of the Constitution

Amendment Process

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42

Article 6 of the Constitution

Supremacy Clause

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43

Article 7 of the Constitution

Ratification (9/13 to approve) Much debate between federalists (supported and didn't trust the people) and anti-federalists (didn't support and didn't trust the government)

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44

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail. #10, factions, won't always have enlightened statesmen #51, separation of powers, if all men angels, govt. not needed

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45

Formal Methods to Amend

2/3 of Senate and House 3/4 of States

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46

Informal Methods to Amend

Judicial interpretation Social, cultural, legal Technology

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47

Arguments for Power Allocation

Prevention of Tyranny Multiple opportunities to participate States can be used as testing labs

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48

Types of powers

Enumerated (tax, coin money, borrow money, regulate commerce) 10th amendment (reserves powers to states/people as long as they're not enumerated to national govt. or denied to the states Concurrent ( shared powers) Implied

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49

Dockett Control

Supreme Court hears cases they want to hear

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50

Habeas Corpus

Judicial mandate to determine the legality of your detention

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51

McCulloch v. Maryland (1819)

Necessary and Proper clause

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

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52

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. The Steamboat case

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53

Stare Decisis

let the decision stand

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54

Roger B. Taney

As chief justice, he wrote the important decision in the Dred Scott case, upholding police power of states and asserting the principle of social responsibility of private property. He was Southern and upheld the fugitive slave laws.

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55

Dred Scott v. Stanford (1857)

Says that property cannot sue in court, so Scott cannot sue Taney declared the Missouri Compromise is unconstitutional Narrows the scope of the national govt. Judicial Review used

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56

13th Amendment

1865 - abolished slavery

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57

15th Amendment (1870)

cannot deny black men right to vote

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58

Fransis Galton

The creator of Eugenics and the science of breeding

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59

Racial Integrity Act 1924

requires racial description to be recorded at birth ban on interracial marriage

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60

Sterilization Act 1924

Forced sterilization of citizens by the government if deemed "feeble minded"

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61

Buck v. Bell (1927)

deemed the sterilization act constitutional

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62

Skinner v. Oklahoma (1942)

you must sterilize one group if sterilizing another, but it's still fine for the "feeble minded"

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63

Loving v. Virginia (1967)

supreme court declared Racial Integrity Act unconstitutional

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64

9th Amendment

the bill of rights is a partial list and others may exist

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65

Rational Basis test

the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

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66

Intermediate Scrutiny Test

The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation. Both the citizens and government share the burden of proof

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67

Strict Scrutiny Test

a higher standard than the rational basis test a law must meet in equal protection cases. Burden of proof is purely on the government

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68

Establishment Clause

government will not support one religion over another, or religion over no religion. Govt. will not excessively entangle itself in religion

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69

Engel v. Vitale (1962)

New York decides to write a prayer to be delivered at the beginning of school Supreme Court rules against New York, government cannot write prayer

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70

Lemon v. Kurtzman (1971)

Laws must serve a secular (non religious) purpose Cannot prohibit or inhibit religion Must not foster excessive entanglement in religion

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71

Free Exercise Clause

prohibits government from interfering in your expression of faith

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72

Employment Division v. Smith (1990)

Supreme Court upholds ruling that 2 Native American men cannot have work benefits because of drugs in their systems Cannot use religious beliefs to neglect the law

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73

Religious Freedom Restoration Act (1993)

Government cannot restrict a person from free exercise unless the government can give a clear reason why

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74

City of Boerne v. Flores (1997)

Strikes down state and local components of RFRA City ordinances cannot be subjected to federal regulations

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75

Gonzales v. UDV (2006)

RFRA still applies to federal government

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76

Gobitis (1940)

Says its constitutional to have the pledge and have to say it

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77

Barnette (1943)

Overturns Gobitis, 1st amendment issue

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78

When is freedom of expression denied?

Endangers national security, wrongly damages reputation of others, deprives others of basic freedoms

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79

Fighting words

speech that directly incites damaging conduct

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80

Chaplinsky (1942)

Chaplinsky is arrested for using fighting words, and the supreme court upholds the ruling Fighting words are not protected

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81

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

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82

Morse v. Frederick (2007)

Students rights must be balanced by schools mission Bong Hits for Jesus

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83

Prior Restraint

government censorship of information before it is published or broadcast

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84

New York Times v. US (1971)

The supreme court decides that the government cannot limit the press

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85

Bradenburg v. Ohio (1969)

Cannot limit publication unless it engages in imminent lawless action

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86

New York Times v. Sullivan (1964)

To libel a public figure, there must be "actual malice"

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87

Obscenity

not protected speech, but its not defined in the law

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88

Roth v. US (1957)

US tries to define obscenity "has no redeeming social significance"

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89

Cohen v. California (1971)

Cohen wore a jacket during the Vietnam war with an expression on it saying 'F*ck the draft, stop the war'. He got a 30 day jail sentence for disturbing the peace. Supreme Court overturned his conviction saying 'emotions and ideas are protected'. Free speech can be indecent, symbolic, emotional. Freedom over Order

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90

Miller v. California (1972)

LAPS test If not literary, artistic, political, scientific, and the average person finds it objectable, it is not allowed

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91

4th amendment

Freedom from unreasonable searches and seizures

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92

Good faith exception

an error in gathering evidence sufficiently minor that it may be used in a trial

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93

Mapp v. Ohio (1961)

Exclusionary rule applied to states bares use of evidence found in violation of constitutional rights

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94

Riley v. California (2014)

Held that police must obtain a warrant before searching a smartphone for information.

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95

Civil Forfeiture

a procedure in which law enforcement officers take assets from people who are suspected of illegal activity, but have not been charged with a crime

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96

Qualified Immunity

the protection of officers against being sued for their actions under certain circumstances

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97

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

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98

Eminent Domain

Power of a government to take private property for public use.

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99

Miranda v. Arizona (1966)

Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.

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100

6th Amendment

right to attorney

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