American Govt. – Flashcards

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Describing what's out there - Independent variables (Issue, outcome, distance to polling place, education, age)
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Descriptive
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What we should do, our values (dependent variables)
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Normative
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All citizens have the right to vote
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Direct Democracy
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Political system in which decisions affecting a community are taken, not by its members as a whole, but by people they have elected for this purpose
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Representative Democracy
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Competitive elections, free/fair elections
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Popular Sovereignty
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equal say, no one person
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Political equality
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privacy, freedom of speech, free exercise of religion
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Political liberty
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Congress - Make law, going to war, first branch, (section 8: what laws can be made about, elastic clause) (section 9: right of habeas corpes, right to body)
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Article 1 (Legislative Branch)
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Presidency - commander in chief
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Article 2 (Executive Branch)
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Judiciary
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Article 3 (Judicial Branch)
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Influenced the way how the government is set up, separation of powers, social contract, and the government protects the rights (rights of life, liberty, and property) of the people/citizens
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John Locke (1632 - 1704)
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had no formal education, property qualifications
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Expertise
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believed people weren't educated enough
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Indirect elections
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House of Representatives (2 years), Senator (6 years), President (4 years)
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Separation of powers
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Two chambers (house & senate)
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Bicameralism
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House of representatives - membership is proportional to population (large states), senate - every state has 2 senators (small states)
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"The Great Compromise"
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Wrote/supported the Constitution
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Federalists
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Against the Constitution
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Anti-Federalists
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equal protection of the laws, due process law
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XIV Amendment
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first Constitution of the United States adopted during the last stages of the Revolutionary War, created a system of govt. w/ most power lodged in the states and little in the central govt.
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Articles of Confederation
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abuse of the inalienable rights of citizens by govt
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Tyranny
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legislative body w/ a single chamber
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Unicameral
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Govt. powers are divided between a central govt. and smaller territorial units, states
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Federal
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Constitution and laws and treaties of the U.S. are the supreme law of the land
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Supremacy clause
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Congress the authority to make whatever laws are necessary and proper to carry out its enumerated responsibilities
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Elastic clause
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First 10 Amendments (James Madison)
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Bill of Rights
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Govt. powers are divided between a central govt. and smaller units, such as states (U.S. Mexico, India, Canada)
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Federalism
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Loose association of states which very little to no power at all is lodged in a central govt. (United Nations)
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Confederation
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Central govt. has complete power over its constituent units/states (Japan & France)
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Unitary System
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View of American federalism that holds that the Constitution created a system in which the national govt. is supreme, relative to the states , and that is granted that govt. a broad range of powers and responsibilities
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Nationalist Position
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Gives congress the authority to make whatever laws are necessary and proper to carry out its enumerated powers and the responsibilities mentioned in the Constitution's preamble
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Necessary & Proper clause
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View of American federalism that holds that the Constitution created a system of dual sovereignty in which the national govt. and the state govt. are sovereign in their own spheres
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States' Rights Position
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An attempt by states to declare national laws or actions null and void
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Nullification
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14th Amendment that prohibits states from depriving anyone of life, liberty, or property "w/out due process of law'' a guarantee against arbitrary of unfair govt. action
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Due Process clause
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14th Amendment that provides for equal treatment by govt. of people residuary w/in the U.S. and each of its states
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Equal Protection clause
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Federalism in which the powers and responsibilities of the states and the national govt. are intertwined and in which they work together to solve common problems
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Cooperative Federalism
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Federal grants to the states to be used for general activities
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Block Grants
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Formal order from the national govt. that the states carry out certain policies
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Mandate
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Trade that involves more than one state, and therefore is, under the Constitution, a proper subject of federal law
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Interstate Commerce
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Medicare, Medicaid (insurance through govt.)
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Social Insurance
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Company that runs health insurance
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Private Insurance
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hospital charges a certain amount
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Cost Sharing
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people that can't be covered (restaurants, fast food)
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Coverage Gap
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Freedoms found primarily in the Bill of Rights, the enjoyment of which are protected from govt. interference
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Civil Liberties
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Legal doctrine that a person who is arrested must have a timely hearing before a judge
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Habeas Corpus
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process by which provisions of the Bill of Rights become incorporated
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Nationalizing
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Supreme court has made most of the provisions of the Bill of Rights binding on the states
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Incorporating
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Assumption that actions by elected bodies or officials violate the Constitution
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Strict Scrutiny
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govt. power to prevent publication, as opposed to punishment afterward
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Prior Restraint
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representation of sexually explicit material in a manner that violates community standards and is w/out redeeming social importance or value
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Obscenity
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prohibits congress from impending religious observance or impinging upon religious beliefs
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Free exercise clause
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prohibits congress from stablishing an official religion
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Establishment clause
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1. Must have secular purpose 2. Neither promote or inhibit religion 3. Can't foster excessive entanglement
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Three conditions that every law must meet to avoid "establishing" religion
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When a law/something can be stopped
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Veto
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one single provider through the govt.
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Single Payer
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Things citizens are entitled to; govt. is obligated to step into ensure
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Civil Rights
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tax to be paid as a condition of voting; used in the south to keep African Americans away from the polls
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Poll Tax
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device used by the southern states to prevent African Americans from voting before the passage of the Voting Rights Act of 1965, which banned its use
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Literacy test
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device that allowed whites who had failed the literacy test to vote anyway by extending the franchise to anyone whose ancestors had voted prior to 1867
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Grandfather clause
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Primary elections open only to whites in the one-party south where the only elections that mattered were the Democratic Party's primaries
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White Primaries
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Unequal treatment of racial or ethnic minority groups based on practices rather than on statues and regulations mandating discrimination
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De Facto discrimination
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Programs of private and public institutions favoring minorities and women in hiring and contracting, and in admissions to colleges and universities, in an attempt to compensate for past discrimination or to create more diversity
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Affirmative Action
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Over the age of 65, copayments, deductibles Everyone - Part A: hospitalization, hospice, nursing home Optional - Part B: doctor visits, preventive services, out patient Optional - Part D: prescription drugs
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Medicare
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Care for the poor Partnership with federal More expensive if the economy goes bad
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Medicaid
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For people in between, not elderly, not under the poverty line Employer mandate & individual mandate
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Affordable Care Act
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Federal (Nation) State/Municipal (State)
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Two Basic Courts
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not in the constitution
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Judicialization
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1. Amicus Curiae (friend of the court) 2. Oral Argument 3. Caucusing Conference 4. Decision
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Rule of Four
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"In stare decisis" = let the decision stand
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Precedent
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The formal amendment process is long and difficult and requires widespread support in Congress as well as the states.
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What is one reason why amendments to the Constitution are relatively rare?
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Articles of Confederation
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The United States first written constitution was known as the _____.
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Amendments have made the country more democratic and expanded rights to excluded groups.
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Which of the following is generally true about the effect of constitutional amendments on the American political system?
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Any changes required the unanimous approval of the states.
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Why were defects in the Articles of Confederation difficult to correct?
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Power would need to be distributed to several branches of the government so that the power of one branch could be checked by the other branches.
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The framers were practical politicians. They knew that to prevent tyranny in their young country, they would have to craft a Constitution that "checks power with power." What does this concept mean?
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the issues created by the vague language being processed through state and federal courts and being settled by judicial interpretation.
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The Constitution has much language that is vague and often hard to interpret for exact meaning. The problems created by such language have been solved by the application of which practice?
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a bicameral Congress.
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The Connecticut Compromise, also known as the Great Compromise, produced _____.
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The branches are constitutionally equal and independent.
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The separation of powers in the national govt. outlined in the Constitution is foundation of our govt. It mandates separate legislative, executive, and judicial branches. Which of the following is an essential characteristic that makes the system effective?
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The emergence of national free enterprise economy.
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The Constitution gave Congress the power to regulate interstate commerce, coin money and regulate its value, and establish bankruptcy and patent laws. these steps encouraged _____.
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It said all men are created equal but it did not give slaves the same rights as white men.
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In what way was the Declaration of Independence contradictory in what it said about individual rights and equality and how it treated certain groups?
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The Anti-Federalists' insistence on specific mention of individual rights forced the Federalists to promise to amend the Constitution with the Bill of Rights.
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How did the different philosophies of the Federalists and the Anti-Federalists change the Constitution?
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Such regulation would decrease competition between states and foster economic growth.
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The Constitution gives the national govt. significant control over interstate commerce. Which of the following is the most likely reason the framers did this?
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they were interested in protecting their own wealth.
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One probable reason that the Constitution's framers included very strong wording protecting private property and contracts was _____.
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Checks and balances.
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The provisions in the Constitution that give each branch of the federal govt. the ability to block the actions of the other branches are known as _____.
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The South preferred that each slave count as a person for purposes of representation in the House, but not for voting in elections.
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The three-fifths compromise involved slavery and apportioning representation in Congress. Which of the following is the best explanation of the southern position in the debate?
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Economic and political events mutually reinforced one another resulting in revolution.
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Which of the following is the most likely causal explanation for the American Revolution?
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that there was a growing risk to private property on ownership in the United States.
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Which of the following was concern held by the attendees of the Constitutional Convention in 1787?
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a reduction in the number of categorical grants to states.
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One critical aspect of New Federalism was _____.
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Under Chief Justice Rehnquist the Court was supportive of devolution efforts but has since lessened its support.
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Which of the following statements about the position of the Supreme Court regarding federalism is most accurate?
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all power would be concentrated at the national level.
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If you were living under unitary (or undivided) system of government, _____.
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they are easier to administer than categorical grants are.
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Categorical grants from the federal govt. provide state and local govt. with funding for a specific purpose, and there are many requirements that must be met. Block grants give state and local officials the ability to determine for themselves how to spend federal grant money. One other advantage of block grant is _____.
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creating competition within and among governmental units.
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Federalism protects liberty by _____.
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dual to cooperative federalism.
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Since the ratification of the Constitution, American federalism has gradually changed from _____.
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What the national govt. can do.
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The U.S. Constitution specifically lists _____.
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requires states to honor each other's official acts.
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The full faith and credit clause _____.
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The New Deal reduced the overall power of state govt. in comparison to the national govt. and its agencies.
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Why would an advocate of dual federalism have opposed the New Deal?
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concerns about the potential abuses by a strong central govt.
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American Federalism can be seen as a response to the _____.
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a Democratic president
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Which of the following people is more likely to support the nationalist position, which calls for a more unified country under a federal govt?
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no private company could have undertaken such a long-term project.
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The federal govt. role in financing the interstate hwy system is essential because _____.
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full faith and credit.
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A man who has committed murder cannot escape punishment by entering another state. What principle is at stake?
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A state passes a law that contradicts an existing national law, and the state law is struck down.
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Which of the following is an example of preemption?
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Because some federal mandates are unfunded, the financial burden is transferred to the states.
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Why might a proponent of a strong national govt. still be against federal mandates?
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Military Commissions Act.
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In 2006, Congress passed the _____, which authorized a system to try alien unlawful enemy combatants and to deny access to the courts for any alien detained by the U.S. govt. determined to be an enemy combatant.
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racial bias in the application of the punishment.
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The equal protection clause of the Fourteenth Amendment says that no state "can deny to any person within its jurisdiction the equal protection of the laws." The death penalty has been challenged as a violation of this clause because of the _____.
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based on an earlier decision concerning the right to privacy.
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The landmark abortion decision of Roe v. Wade was _____.
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prohibits Congress from impeding religious beliefs.
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The free exercise clause _____.
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a serious threat to American Freedom.
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Many civil libertarians believe that actions to combat terrorism taken by presidents Bush and Obama are_____.
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Varies greatly from one state to the next.
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The use of the death penalty in the United States _____.
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poses a significant danger and imminent harm.
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Govt. may interfere with the freedom of speech only when the speech _____.
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a state did not have the right to regulate hours of labor.
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The Supreme Court in Lochner v. New York ruled that _____.
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it lacks serious literary, artistic, political, or scientific value.
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According to the ruling in Miller v. California, material is deemed obscene only if _____.
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states must recognize contracts entered into with the people of other states.
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The full faith and credit clause in the Constitution mandates that _____.
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The govt. may not interfere with the individual practice of religious beliefs.
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Which is included as a part of the free exercise clause of the first amendment?
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They found the proposed Constitution too stingy in its listing of liberties and wanted more guarantees of restrictions on the power of the national govt.
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In the 1780s, why did many Americans insist on including a bill of rights in the new Constitution?
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freedoms found primarily in the Bill of Rights that protect people from govt. interference.
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What are civil liberties as defined by the American govt. ?
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the govt. desire not to publish a history of the Vietnam War based on Department of Defense documents.
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The most famous prior restraint case, New York Times v. United States, involved _____.
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the use of military tribunals to try noncitizens accused of terrorism.
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During his administration, President Bush claimed authority as commander in chief to stretch his constitutional powers. He issued executive orders that allowed for _____.
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They worried more about national govt. intrusions on individual freedom that about state govt. intrusions.
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Which of the following choices best explains the principle concern of the framers as they wrote the Constitution?
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when public safety demands it because of rebellion or invasion.
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When does the Constitution allow Congress and the States to suspend the writ of habeas corpus?
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affirmative action.
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In order to address past discrimination and ensure a diverse environment in school, a university many institute _____ admission policies.
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having separate waiting rooms for whites and blacks in bus terminals where interstate buses arrive and depart.
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Which of these is an example of a practice that was made illegal by the Civil Rights Act of 1964?
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women and African Americans.
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Current movements for greater civil rights for various groups have grown out of the expansion of civil rights protections won by _____.
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own slaves anywhere in the United States.
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The thirteenth amendment makes it unconstitutional to _____.
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ethnicity
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When it comes to classifications for making decisions about policies or programs, which of the following is considered a "suspect classification"?
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intermediate scrutiny
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In trying a case of gender equality which standard of review would the Supreme Court use?
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was a comparatively late development in the United States, and most major advances were not evident until well into the 20th century
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Concern about civil rights protections for women and racial minorities _____.
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strict scrutiny
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Actions by the states that trigger _____ are those that restrict the democratic process or discriminate against racial, ethnic, or religious minorities.
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narrowed its application
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In the 1990's, Supreme Court decisions regarding affirmative action _____.
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The south avoided implementing the Court's decision.
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What was the immediate response of the south to the Supreme Court's decision in Brown v. Board of Education?
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homosexuals
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Arguably, which of the following groups has been the slowest in pursuing their civil rights claims?
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the right of all adult citizens to vote
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After the Civil War, women's rights activists called for universal suffrage. What did they mean by this?
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Any mention of race in the law was generally subject to strict scrutiny.
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Why might the Supreme Court find instances of affirmative action unconstitutional?
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sexual harassment
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The Equal Employment Opportunity Commission (EEOC) ruled that creating "an intimidating, hostile, or offensive working environment" is contrary to the law. This was a victory for women against _____.
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Civil rights
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Guarantees of equal treatment by govt. officials regarding political rights, the judicial system, and public programs are _____.
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inability of the Court enforce its decisions outside of the Court
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When Andrew Jackson famously remarked, "John Marshall has made his decision. Now let him enforce it," he was referring to the _____.
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are created by Congress for special purposes
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Legislative courts _____.
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Senate
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The _____ approves presidential appointments.
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district
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The federal court system consists of three levels of courts: the Supreme Court, the courts of appeal, and the _____ courts.
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confusion, such as reversal on appeal or the decision being struck down, and controversy
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Lower courts consistently comply with Supreme Court opinions because if they do not, they most certainly would cause _____.
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the Supreme Court overruling a precedent
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Brown v. Board of Education (1954) is an example of _____.
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The Supreme Court's decisions are final, as the court of last resort for appeals, and it is responsible for interpreting national laws.
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Which of the following most accurately describes the role of the Supreme Court?
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a case brought to force a ruling on the constitutionality of a law or executive action
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Which of the following would be considered a test case, such as Roe v. Wade?
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their adherence of the ideology of the president
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Which of the following is an example of a factor that plays a primary role in the selection of federal judges?
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importance of the courts as a pathway of societal change
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The role of the courts in developing Miranda rights and recognizing abortion rights illustrates the _____.
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judicial activism
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Proponents of _____ believe judges should make bold policy decisions even if it means charting new constitutional ground.
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The U.S. Tax Court
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_____ is a legislative court.
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Many question whether the framers intended that the courts should have the power to declare state and federal laws unconstitutional.
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What is a primary criticism of judicial review in the United States today?
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The Supreme Court sought to protect property rights and pursue the idea of nationalism over states' rights.
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Which best describes the actions of the Supreme Court from 1801 - 1835 when Chief Justice John Marshall presided over it?
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occurs among both liberal and conservative judges
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The use of judicial activism _____.
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