Government exam 1
Terms
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- Social Contract Theory
- free and equal consent to be governed John Locke
- Natural Law
- natural ethical principles
- Hobbes
- Leviathan man’s natural state was war monarchy
- Direct Democracy
- Everyone votes
- Indirect Democracy
- Elected reps vote
- Political Ideology
- values and beliefs about the purpose and scope of government Public
- Declaration of Independence
- Thomas Jefferson in 1776 America separates from Britain
- Virginia Plan
- Constitution proposed by James Madison. bicameral legislature, an electrode chosen by the legislature, and a judiciary also named by the legislature.
- The Great Compromise
- state the same number of representatives in the Senate regardless of size, representation in the House was determined by population.
- The “three-fifths†Compromise
- that each slave was to be counted as three-fifths of a person
- Supremacy Clause
- Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states
- Amendment Process
- Process through which the constitution is changed.
- Separation of Powers
- A way of dividing power among three branches of government
- Necessary and Proper Clause
- The final paragraph of Article I, section 8, of the US Constitution which gives Congress the authority to pass all laws “necessary and proper†to carry out the elastic clause.
- Federalist Papers
- eighty-five political papers written by John Jay, Alexander Hamilton and James Madison in support of ratification of the US constitution.
- Bill of Rights
- The first ten amendments to the Constitution.
- Republican Government
- The power of government is held by the people
- Elite Theory
- all political power is held by a relatively small and wealthy group of people
- Pluralist Theory
- power is relatively broadly (though unequally) distributed among many more or less organized interest groups in society that compete with one another to control public policy
- Public Opinion
- Public consensus, as with respect to an issue or situation.
- Electoral College
- A body of electors chosen to elect the President and Vice President of the United States.
- "Take care that the laws be faithfully executed"
- Presidential duty, not to execute laws but to see they are
- Ratification of the Constitution
- Federalists vs. Anti-federalists, (1) submission of the Constitution to the Confederation Congress, (2) transmission of the Constitution by Congress to the state legislatures, (3) election of delegates to conventions in each state to consider the Constitution, and (4) ratification by the conventions of at least nine of the thirteen states.
- Article III
- establishes supreme court
- Judicial Review
- Judicial review refers to the power of American courts to determine whether the acts of all branches of government and government officials comply with the Constitution.
- Why no bill of rights in Constitution
- The constitution itself provided for protection of citizen rights.
- Opposition to Ratification of Constitution
- Anti-federalists favored strong state governments and a weak national government and opposed the ratification of the constitution. They were small farmers, shopkeepers, laborers. They believed in the decency of the common man and in participatory democracy; viewed elites as corrupt, sought greater protection of individual rights. They wanted stronger state governments and published their response to the Federalist papers under the names Brutus and Cato.
- Federal System
- System of government where the national government and state governments derive all authority from the people.
- Unitary System
- System of government where the local and regional governments derive all authority from a strong national government.
- Confederal System
- Power rests in the local entities, like states, and the central or national government can only do what the confederal association allows it to.
- Enumerated Powers
- Seventeen specific powers granted to Congress under Article I, section 8 of the US Constitution; theses powers include taxation, coinage of money, regulation of commerce and the authority t provide for a national defense.
- Concurrent Powers
- Authority possessed by both the state and national government that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law
- McCulouch v. Maryland
- The supreme court upheld the power of the national government and denied the right of a state to tax the bank
- Gibbons v. Ogden
- The Supreme Court upheld broad congressional power to regulate interstate commerce.
- Cooperative Federalism
- The relationship between the national and the sate governments that began with the new deal.
- Dual Federalism
- A system of government where the states governed the people directly and the national government concerned itself with issues relating to foreign affairs
- The New Deal
- The New Deal is the name given to the series of programs implemented under President Franklin D. Roosevelt with the goal of stabilizing, reforming and stimulating the United States economy during the Great Depression.
- Categorical Grants
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Grants for which Congress appropriates funds for a specific purpose.
Block Grants: Broad grants with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services - New Federalism
- refers to the transfer of certain powers from the United States federal government to the U.S. states. President Franklin Roosevelt's New Deal.
- Unfunded Mandates
- National laws that direct states of local governments ti comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements
- Full Faith and Credit
- is mutual understanding between courts of the 50 states of the United States to recognize, honor and enforce one another's actions. The doctrine is rooted in the United States Constitution.
- Prior Restraint
- government's actions that prevent materials from being published.
- Barron v. Baltimore
- The effect of the Court's decision in this case was that the freedoms guaranteed by the Bill of Rights, specifically the right against government taking property without compensation, are restrictions on the federal government alone, and that state governments are not necessarily bound by them.
- Free Exercise Clause
-
is the second half of the Religion Clauses, which states in full:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." - Establishment Clause
- The first clause in the first amendment; it prohibits the national government from establishing a national religion.
- Exclusionary Rule
- Judicial created rule that prohibits police from using illegally seized evidence at trial.
- Seditious Speech
- Speech against government
- Smith Act
- made it a criminal offense for anyone to "knowingly or wilfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the Government)
- New York Times v. Sullivan
- : (1964) the Supreme Court concluded that “actual malice†must be proved to support a finding of libel against a public figure.
- Incorporation Doctrine
- Legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment
- Miranda v. Arizona
- that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present
- Gideon v. Wainwright
- ruled that state courts are required by the Sixth and Fourteenth Amendments to the Constitution to provide lawyers for defendants in criminal cases
- Miller v. California
- (1973) Court set out a test that redefined obscenity. Lower courts must ask “whether the work depicts or describes in a patently offensive way sexual conduct specifically defined by state law. Also was determined “whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
- Griswold v. Connecticut
- 1965) Bill of rights cast penumbras (unstated liberties on the fringes or in the shadow of more explicitly stated rights) thereby creating zones of privacy, including a married couples right to plan a family. Right to contraceptive
- 14th amendment
- Women vote
- Gritlow v. New York
- : (1925) Supreme Court notes that the states were not completely free to limit forms of political expression
- Bowers v. Harwick
- (1986), was a United States Supreme Court decision that upheld the constitutionality of a Georgia sodomy law that criminalized oral and anal sex in private between consenting adults. Seventeen years later the Supreme Court directly overruled Bowers in the Lawrence v. Texas, 539 U.S. 558 (2003) decision and held that such laws are unconstitutional. (See judicial review.)
- Texas v. Johnson
- was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag in force in 48 of the 50 states
- Mapp v. Ohio
- (1961) All evidence obtained by searches and seizures in violation of the Constitution is inadmissible in state court
- Furman v. Georgia
- Dision that ruled on the requirement for a degree of consistency in the application of the death penalty. Jackson v. Georgia and Branch v. Texas, death sentences for rape, had the same result applied to them as part of a combined decision and ruling.
- Schenck v. US
- Clear and present danger
- Scott v. Sanford
- No Negroes, not even free Negroes, could ever become citizens of the United StatesDred Scott was not free, because Missouri law alone applied after he returned there.
- White Primary
- limiting voting in primary elections to whites only.
- Grandfather Clause
- only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test
- Brown v. Board of Education
- (1954) segregation is inherently unconstitutional
- Plessy v. Ferguson
- 1896) separate but equal
- Civil Rights Act of 1964
- segregation in public facilities and racial discrimination in employment, education and voting created the Equal Employment Opportunity Commission.
- Voting Rights Act of 1965
- utlawed the requirement that would-be voters in the United States take literacy tests to qualify to register to vote
- Affirmative Action Policy
- Designed to give special attention or compensatory treament to members of a previously disadvantaged group
- Regents of the University of Ca v. Bakke
- as a landmark decision of the Supreme Court of the United States on affirmative action. It bars quota systems in college admissions but affirms the constitutionality of programs giving advantage to minorities
- Women’s rights convention
- held in Seneca Falls, New York on July 19 to July 20, 1848, birthplace of the feminist movement
- Articles of Confederation
- The compact among the thirteen original states that was the basis of their government.
- 1781Supremacy Clause
- Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other submission of government
- Methods of Proposal
- by two-thirds vote in house and senate or by national constitutional convention called by Congress at the request of two-thirds of the state legislatures (this method never has been used to propose an amendment)
- Methods of Ratification
- There are two methods of ratification the usual by legislatures in three-fourths of the states, and the second only used once by conventions in three-fourths of the states.
- Checks and Balances
- A governmental structure that gives each of three branches of government some degree of oversight and control over the actions of others
- “Take care that the laws be faithfully executedâ€
- Presidential duty, not to execute laws but to see they are
- enumerate powers
- Seventeen specific powers granted to Congress under Article I, section 8 of the US Constitution; theses powers include taxation, coinage of money, regulation of commerce and the authority t provide for a national defense.
- New Deal
- series of programs implemented under President Franklin D. Roosevelt with the goal of stabilizing, reforming and stimulating the United States economy
- Roe v. Wade
- (1973) The supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amendment.
- What is Kant's categorical Imperative?
- act only according to the maxim by which you can at the same time will that it should become universal law
- What is Kant's practical Imperative?
- Act as to treat humanity. whether in your own person or in that of another, always as an end and never as a means only led to IVC
- How do the categorical and practical relate
- Treat others how you see best
- Which led to the contemporary standard of Informed Voluntary Consent?
- Practical imperative leads to Informed Voluntary Consent which is to respect anothers rationality and will them to have all the info to make a good decision
- What are Kant's actual duties?
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1. Preserve your life
2. Tell the truth
3. Make productive use of talents
4. aid others in need - Why does Kant distinguish between "for the sake of duty" and "in accordance to duty"?
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Acting for the sake of duty: Motivated by moral obligation or duty not self-interest
Acting in accordance to duty: Retailer is motivated by prudence and good business senses not to lie to customers, but is ultimately motivated by profit. - What does he mean by "the good will without qualification"?
- Something is only good without qualification if it meets the qualification that it is not misused or used in evil ways
- What does O'Neil mean by "treating others as persons"?
- “We must allow them the possibility to either consent or dissent from what is proposedâ€
- Who were the Eugenicists?
- Eugenicists: People who beilieve people should be extinguished or changed to create perfect people
- What is the problem with the Landman's definition of "feeble-mindedness
- No measurable characteristics to assess if one were to try objectively to decide if a person qualified as an idiot imbecile or moron.
- What was the Tuskegee Syphilis Experiment?
- A group of people with Syphilis were experimented on to see how long it took for them to spread the disease to their partners after education.
- What are the steps and procedures used for drug testing that are regulated by the food/drug administration?
- Pre-clinical testing on animals Clinica: phase one= healthy bolunteers used to determine toxic effects. Phase 2=drug administration To small number of patients who will directly benefit Phase 3= Large number of patients
- What are the answerable objections to informed consent in the physician/patient relationship?
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-Patients can't be truly informed because they lack medical knowledge
-Patients do not wish to be involved in decision making
-Harmful effects of informing patients about medical facts which may cause harm
-Takes too much time
-Difficult to implement because it's hard to determine how much should be given - What is the Legal Standard for physicians?
- What a reasonable patient would find essential to making a decision or what a reasonably prudent physician would disclose
- What is Utilitarianism?
- An action is right if it brings about a greater balnace of good over bad consequences
- For John Stuart Mill, what is the key obligation of morality?
- Morality: Development and perfection of the individual character.
- How does it respond to Kant's ideas on good will
- Does not agree with Kant good will should be determined by outcome and correctly motivated
- What does Mill mean by happiness
- Relative presence of please and relative absence of pain
- What does Mill mean by "tyranny of the majority"?
- Tyranny: majority opinion might not be correct
- How does he believe we can prevent this?
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1. Guarentee freedom of conscience
2. Promote tolerance
3. Preserve each person's liberty to choose their own lifestyle
4. Encourage open discussion - What is active or passive deception
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active: purposely lying
passive: disincluding info - What arguments have philosophers used to promote animal rights
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Similar to humans
Have congnitive process - What is rule utilitarianism
- Right action are permitted by moral code that is designed to maximize the welfare or what is good where a person lives
- Within environment ethics, what kinds of ethical arguments do environmental economist and ecological tociocologist usually formulate
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Economist: Cost v. Benefit
Ecologist: that +measurements of potential danger - What is Aldo Leopold's Land ethic
- "An action is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise
- How would the Nuxalk ideas about entitlement to property compare with John Locke's?
- JL doesn't take into consideration scarcity. Nuxalk believes that if scarcity occurs, the action and attitudes of the humans are inappropriate. Also, believe that natural resources belong to nature not people
- What do psychological studies into happiness reveal
- Not studied as much as other emotions due to lack of agreement on what it means to be happy. People hesitate when asked to speak about it
- What is tolerance? What attitude best upholds or defends tolerance
- Mill- "Differences are not just appropriate, they are enriching" People should be free to make the best of their lives as they see fit
- What are Claudia Card's primary claims about forgiveness
- Forgiveness can be accepted or rejected. Its interpersonal 1. Renunciation of hostitlity 2. Charitable or concern for offender 3. Acceptance of offenders apology 4. Remission of punishment 5. Offer to renew a friendship