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posi test 1
test 1
52
History
Undergraduate 1
02/08/2015

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Term
Tocqueville 1805-1859
Definition
Concludes that Americans enjoy freedom, but value equality more. In other words, he asserted that we would prefer to live in slavery as long as we were equal in that condition.
Term
The Dilemma of Equality. What equal rights are guaranteed to us in the US? What equal rights are not guaranteed?
Definition
- Provides legal equality, political equality, and equal opportunity
- Does NOT guarantee us equality of results or economic equality.
Term
Inequality
Definition
Income:
- < Manufacture
- > Technology
- > 2 Income Families
- Demographics
- Global Competition

Wealth:
- Top 10% = 48% of ALL Earning
- Top 1% OWN 40% of ALL wealth
- 90% OWN 75% total Debt
- 15% Poverty Rate
Term
What about Racial Equality?
Definition
We still have a long way to go.
Term
Timeline (slavery)
Definition
-Slavery was a common condition in the early years of our country
-The Dred Scott Case held that blacks were NOT citizens. Treated as property.
Term
14th Amend
Definition
prohibited slavery
Term
14th Amend
Definition
black citizenship (Also important to remember that the due process clause of this amendment was the vehicle used by the Court to incorporate the Bill of Rights)
Term
15th Amend
Definition
gave black males the right to vote
Term
Segregation in the South
Definition
- “Black Codes” defined as any law that interfered with black rights.
- “Jim Crow” laws defined as discrimination laws that restricted access to public places, etc. for blacks.
Term
Segregation laws in the North
Definition
Segregation laws were uncommon but, “voluntary” segregation was. We should question whether someone truly chooses to live in any given area, or are they simply limited in their choices
Term
De Facto
Definition
refers to segregation in fact. This is not illegal.
Term
De Jure
Definition
refers to segregation by law. This is illegal.
Term
Plessy v. Ferguson
Definition
established the “separate, but equal” doctrine.
Term
Sweatt v. Painter
Definition
-Violated 14th equal protection clause
-This case overturned Plessy
-Separate, but not Equal
Term
Brown v. Board of Education (Topeka)
Definition
This case ended federal support for separate but equal practices in the South, particularly in education.
Term
What can you do?
Definition
The most important way to engage in the process and the most common is voting.
Term
What does government do?
Definition
1. Formulate and approve plan of action
2. Raise and spend $
3. Hire people to take action
Term
Unitary System of Govt
Definition
All power is held at national level
Term
Confederal system of govt
Definition
all power given to states
Term
Federal System (what we have today)
Definition
Power is divided by U.S. govt and states
Term
Enumerated powers
Definition
powers expressly granted to the nat. govt
Term
Reserved Powers? 2 Examples?
Definition
Powers not given to congress or states are reserved to the states, ex. states are responsible for education and voting
Term
Whats the highest form of law? Where is this stated?
Definition
-The Constitution
-Supremacy Clause of Constitution, Article VI
Term
Intergovernmental relations
Definition
Collaboration between 2 or more govts
Term
Full faith and credit clause
Definition
-State must recognize laws of other states
Term
How many govts are in the US?
Definition
89,000
Term
7 Reasons why Federalism is important
Definition
- Decentralization
- Protection of Liberty
- Increases Participation
- Improves Efficiency
- Ensures Policy Responsiveness
- Encourages Policy Innovation
- Manages Conflict
Term
3 Problems w/ Federalism
Definition

1. Obstruct Action - states argue when their values conflict with national issues, ex. segregation  

2. Frustrates National Policy - states can stall national projects, ex. local organization blocks national program to safely dispose nucleaur waste b/c it's near their homes

3. Obstruct Uniformity in Policy - Costs & Benefits spread unevenly, ex. Texas gives less to the needy than Cali despite the fact that federal tax dollars fund the program

Term
Explain the evolution of federalism
Definition
state centered, then dual federalism (layer cake), then cooperative (marble cake), then centralized federalism (introduced by LBJ)
Term
What defines federalism today?
Definition
It's a process through the courts b/c they can interpret the constitution
Term
What are the "Grants in aid to states"?
How much is given to states?
Definition
-Funds form Nat. govt to states
-half of states' revenue comes from these grants, over 400 billion is given to states in grants
Term
Categorical Grants
Definition
- Project grants (competitive, states have to apply)
- Formula grants (based on criteria)
Term
Block Grants
Definition
States have flexibility with the $
Term
Mandate
Definition
Fed. govt telling states to do something
Term
Best way individuals can impact govt?
Definition
vote
Term
Synonym for Liberty?
Definition
Freedom
Term
What principle conflict in our political culture has arisen since 9/11?
Definition
It has caused fear which is causing us to give up freedom. More national surveillance
Term
3 specific rights guaranteed in the body of the constitution?
Definition
- protection against expo facto laws
- prot. against bills of attainder
- We have rights of habeus corpus
Term
What is the “Incorporation of the Bill of Rights?”
Definition
- Included to get constitution to get it ratified, in the beginning it only applied to fed govt
- Due process laws: now applies to states
Term
1st amend freedoms (4)
Definition
Speech, assembly, petition, press
Term
Is all speech protected?
Definition
- no, speech intended to harm is not
- symbolic speech is protected tho
Term
Due process rights for criminals
Definition
- 4th (search and seizure)
- 5th (don't have to incriminate yourself)
- 6th (trial rights)
- 8th (no cruel and unusual punishment)
Term
Does death penalty qualify as cruel and unusual punishment?
Definition
No, not if it's carried out humanely
Term
What are the death penalty stats for Texas?
Definition
- Texas ranks 3rd nationally in crime rate
- Texas ranks 5th nationally in rate of incarceration
- Texas ranks 1st nationally in death penalty sentencing and executions
Term
Why's Texas so tough on crime
Definition
- Republican state
- Partisan elections
Term
What are some obvious indicators of income inequality?
Definition
- 90% of pop. earns less than 110,000 a year
- Top 1% of country owns 40% of wealth
Term
Dred Scott v Stanford
Definition
Declared slaves as property, not citizens
Term
Griswold v Connecticut
Definition
The Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy
Term
Lawrence v Texas
Definition
ruled anti-sodomy laws unconstitutional
Term
Near v Minnesota
Definition
prohibited censorship
Term
Texas v Johnson
Definition
burning american flag is allowed
Term
US v Lopez
Definition
- gun control case (national gun free zone act is ruled unconstitutional)
- gave gun law control back to the states
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