Pol Sci 21A Midterm Study Guide

Terms:
-Social Contract: an agreement between people to give up certain freedoms for the
greater good. Cooperation for the benefit of society. Thomas Hobbes
-Natural law: body of “laws” derived from the nature of man
-Problem of collective action: 2 types- coordination problem (everyone wants to
help but cannot effectively coordinate resources) and prisoner’s dilemma: free
rider problem (parties have incentive to not contribute) and tragedy of the
commons (everyone has incentive to not preserve collective good) – Government
exists to solve these problems!!!
-civil liberties – freedoms that require the government to stay out
-civil rights: freedoms that require the government to step in
- 1st amendment – free speech, press, assembly, religion, petition. Schenck V. USA –
ruled schenck’s speech unprotected – clear and present danger
-2nd amendment – well regulated militia, right to keep and bear arms. McDonald v.
Chicago. Chicago passes license gun law, stops issuing licenses. Ruling- states can’t
ban handguns but can place restrictions
-4th amendment- unreasonable search and seizures, probable cause. Mapp V. Ohio.
Conviction is wrong because evidence was obtained illegally.
-5th Amendment- Indictment of a grand jury, no double jeopardy, no bearing witness
against oneself, due process of law. Miranda v. Arizona. Ruling – confession was
invalid because he did not know he had the right to not bear witness against himself.
Establishes Miranda rights.
-6th amendment- speedy + public trial by jury, legal counsel. Gideon v. Wainwright.
Gideon demands a lawyer be appointed but Florida only appoints death penalty
defendants. Ruling – lawyers must be appointed
-8th amendment – cruel and unusual punishment, excessive bail. Gregg v. Georgia.
Ruling- death penalty is not cruel and unusual punishment.
-13th- abolishes slavery
-14th – born in US, US citizen. Equal protection of the law. Intended to assure former
slaves citizenship, became a way to make all states adhere to bill of rights via
incorporation.
-15th – allows African American men the right to vote. No voting discrimination
based on race.
-Virginia Plan – one house, representation is proportional
-New Jersey Plan – one house, representation is equal
-Federalists – favored a strong centralized, representative government
-Anti-federalists – favored direct democracy, less strong government
-Great/Connecticut Compromise – 2 houses, one representative, one equal
-3/5ths compromise – to solve the representation problem (southern states had
high slave populations) slaves were counted as 3/5ths a person
-Spying on the Homefront – a video we watched in class about the trouble of the
government trying to get blanket information to find one person
-Strict Constructionist – no interpretation of the constitution, only use the exact
words on the page
- Original intent – interpreting the constitution in the context of what the framers
intended
-Living Document – Interpreting the constitution in the context of today’s world and
values
-De Jure – By Law. Generally refers to actual laws that allow for discrimination
-De Facto – In Fact. Discrimination in practice.
-Jim Crow Laws – re-instituted segregation. Vote suppression laws, etc.
-Civil Rights act of 1964 – allowed government to actively prosecute discrimination
in public accommodations, schools, employment, and voting
-Voting Rights act of 1965 – allowed government to actively register voters, veto
election laws, and monitor voting
-Supreme court – highest court of the country, rules on appeals from lower courts,
decides on constitutionality
-appellate court – court that hears appeals from decisions of lower courts
-Court of Original Jurisdiction – court that originally hears and rules on the case

People:
-James Madison- Father of the Constitution. Present before, during, and after its
construction. Played a central role. Writer of constitution.
-A. Ham – established national bank, fought for constitution
- George Washington – first president. Oversaw constitutional convention
-Thomas Jefferson – French ambassador. Wrote Declaration of independence.
Eventually became president.
-John Adams- 2nd US president, 1st Vice president. Helped write DoI. Signed Alien &
Sedation acts.

Articles:
Federalist 10: Madison. How to guard against the dangers of factions infringing on
the rights of others. (ie. Political parties or interest groups) Majority factions pose
the only real problem, as popular sovereignty prevents minorities from gaining too
much power. Must control their effects.
Federalist 51: Madison. Checks and Balances must be established.