American Government Study Guide 1 Transaction costs conformity costs tend to go together so is the other FALSE 2 Governments are those institutions and procedures through which people are ruled 3 Prisoner s Dilemma A situation in which two or more actors cannot agree to cooperate for fear that the other will find its interest best served by reneging on an agreement Shows that self interest often leads to social to social costs Trust will develop out of repetition Example Chinese riverboat pullers man doesn t have to pull still gets paid and nobody finds out 4 Dred Scott vs Sandford 1857 Invalidated state laws that made slavery illegal 5 The Bill of Rights comprises the 1st Ten Amendments of the Constitution and protects the rights of the citizens while limiting power of the federal government 6 Jim Crowe laws made segregation legal 7 Penumbras are zones of protected individual rights that aren t explicitly defined by the 8 Federalists wanted the Constitution 9 George Washington opposed the Articles of Confederation 10 Nullification says states are no less sovereign than the national government and can ignore constitution federal law 11 Republicans prefer revenue sharing and block grants because these aids return policy making power to states Democrats prefer categorical grants 12 Coordination problems get harder to solve when group gets bigger 13 Financial inducements used by the federal government to generate compliance by the states are sometimes referred to as carrots 14 Fifth Amendment 15 Justice Oliver Wendell Holmes clear and present danger test was a criterion for distinguishing protected from unprotected freedom of speech 16 The incorporation nationalization of the provisions of the Bill of Rights via 14th Amendment was a historic development in civil liberties that occurred through legislative mandate and President Action opposition FALSE 17 The ratification of the US Constitution in 1787 was FALSE 18 Principal Agent Theory attempts to explain the nature of delegation problems 19 John Locke 1632 1704 He had 3 basic objectives ensure protection of life protection of liberty and protection of property He also believed in absolute wall of separation between church and state He said Whenever government takes more of my liberties than I have given to it it has violated social contract and we can revolt Popular sovereignty 20 Newton Rational Governance 21 Karl Marx Believes that in order for someone to do well he would have to put someone down Capitalism will create classes invariably the workers will revolt communist revolution Government needs to promote equality 22 Thomas Hobbes see book Instead of freedom provide me with order early government 23 Baron Montesquieu Separation of powers Theme politics is a competition of contending interests 24 David Hume 25 Benton vs Maryland Double jeopardy being accused of something twice Could be prosecuted at both state and federal level because it s not the same crime Different levels of the crime allow the person to be prosecuted through both 26 Gideon vs Wainwright A person can be tried separately at both the state level and federal level Right In this case Gideon wasn t appointed an attorney to defend him in court So in prison he filed a petition for writ of habeas corpus in the Florida Supreme Court It was rejected and then he wrote one to the Supreme Court Right to Counsel under the 6th amendment 27 Forman vs Georgia 1972 Ruled against state arbitrary NAACP demonstrated the large disparity in black executions in Georgia Jury gets to decide at the same time whether the person was guilty and should get the death penalty 28 Miranda vs Arizona Miranda rights He was never read his 5th Amendment rights His written confession was invalid Was later found guilty because of later evidence Woman said he was a rapist 29 Mapp vs Ohio Improperly obtained evidence May 23 1957 Cleveland police officers arrived at a house to question person she lived with about a bombing Miss Mack refused to admit the cops without a search warrant 4 or more additional officers arrived at the scene The officers forced themselves into the house They didn t have a search warrant and handcuffed her to a bed post They didn t find bombs but arrested her for pornography Court overturned the conviction because something about the process was unlawful 30 Barron vs Baltimore 1833 Bill of Rights only Fed The case removed civil liberties from national jurisdiction According to the 5th amendment imminent domain the government can take your property as long as they compensate you The court case was about road repairs in Baltimore around the warps John Barron owned one of these warps The court ruled unanimously against Barron Bill of rights restrained only the actions of the national government not the states and local government Constitution could not protect against state governments because citizenship in the state is separate from national citizenship 31 Establishment Clause prohibits the creation of national religion Was created after the question arose in 1889 whether the federal government could subsidize a hospital owned by a Catholic Church Ruled that it could because the hospital was open to everyone not just Catholics 32 Lemon vs Kurtzman Establishment Clause Court specified 3 conditions that every state law must follow to avoid 1 The statute in question must have a secular legislative purpose such as remedial education 2 The Statute s primary effective must be one that neither advances nor inhibits religion 3 The statute must not foster an excessive government entanglement with religion 33 Near vs Minnesota Freedom of Press 1st Amendment Owner of a newspaper had used editorial page of newspaper to vilify Jews and politicians 1 politician was a Jew judge He ordered newspaper guy s arrest and ordered to stop its publication 34 Engle vs Vitale Banned public prayer no prayer in schools No bible reading in public schools Schools ignore the court s ruling on prayers in schools 35 Griswold vs Connecticut Whether or not it was legal to sell birth control pill Ms Griswold argues that her reproductive parts were her own medical business Right to privacy 36 Free riding A situation in which individuals can receive the benefits from a collective activity whether or not they helped to pay for it leaving them with no incentive to contribute except leaving group project all together 37 Home Rule Americans were allowed to rule domestic issues 38 Bicameral A legislature with two
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