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| 299493205 | false analogy | comparing two things that are not alike. | |
| 299493206 | hasty generalization | drawing a conclusion based on too few examples. | |
| 299493207 | false cause | mistaking correlation with causation. | |
| 299493208 | ad hominem | attacking the person making the argument. | |
| 299493209 | ad populum | appeals only to popular opinion. | |
| 299493210 | ad verecundiam | uses an unqualified or biased source to support a claim. | |
| 299493211 | appeal to tradition | support based on tradition. | |
| 299493212 | straw man | author attacks an argument which is different from the opposition's argument. | |
| 299493213 | begging the question | assumption that a central point is already proven. | |
| 299493214 | slippery slope | show a flawed "if-then" sequence. | |
| 299493215 | false dilemma/missing middle | supporting based on a limited number of options. | |
| 299493216 | man is a political animal incapable of acting outside the political order. individual is an indistinguishable part of collective whole. | aristotle's believe about individuals. | |
| 299493217 | create small, homogenous societies. | how aristotle dealt with factions. | |
| 299493218 | the government is the manifestation of people. | aristotle's animating spirit. | |
| 299493219 | state of nature is terrible, so people create government to deal. once it's created, there's no stopping it. crush factions. | hobbes. | |
| 299493220 | in the state of nature, there's an understading of natural rights but interpretation and enforcement cause problems. | locke's view of state of nature. | |
| 299493221 | parties agree to give up some freedom of interpretation and enforcement to guarantee safety. create government to defend natural rights of majority. | lockian social contract. | |
| 299493222 | order | paradox: freedom v. | |
| 299493223 | delegation | paradox: control v. | |
| 299493224 | minority rights | paradox: majority rule v. | |
| 299493225 | government has complete control. | totalitarian | |
| 299493226 | there's no legal limit on government's power, but informal (cultural, technological etc) limits. frustrated totalitarian. | authoritarian | |
| 299493227 | limits (written or otherwise) constrain state. | constitutional | |
| 299493228 | one person striving for common good. | monarchy | |
| 299493229 | rule by small group. | aristocracy | |
| 299493230 | rule by masses. | democracy | |
| 299493231 | rule by a small, corrupt group. | oligarchy | |
| 299493232 | rule by dictator. | tyrrany | |
| 299493233 | why was george washington so awesome? | he led the army to victory. he gave up power twice. he went to the philidelphia convention. | |
| 299493234 | established a framework for state power. | articles of confederation. | |
| 299493235 | no executive, judiciary, standing army, taxation, enforcement. | problems with articles of confederation. | |
| 299493236 | this convention occured to revise articles of confederation but failed. | annapolis convention. | |
| 299493237 | what changed between annapolis and philidelphia conventions? | shay's rebellion -- no security, insurrection alarmed people. washington went to philidelphia. | |
| 299493238 | plan for a bicameral legislative branch. lower would have direct election and it would be based on population. upper would be selected by lower. president, judiciary. federal govt can block state laws. | madison's virginia plan. | |
| 299493239 | plan for each state to get two votes in senate. | roger sherman's connecticut compromise. | |
| 299493240 | how did madison react to the connecticut compromise? | he weakened the legislative branch. | |
| 299493241 | why did the antifederalists like the bill of rights? | they wanted to explicitly protect individual liberties. | |
| 299493242 | why didn't the federalists like the bill of rights? | they thought it redundant. they were worried if they wrote the rights, if they forgot one, people wouldn't have it. that's why there's article 10. | |
| 299493243 | antifederalists' beliefs about civic virtue. | crucial for political process. | |
| 299493244 | antifederalists' beliefs about the necessary and proper clause. | too powerful. | |
| 299493245 | antifederalists' beliefs about innovation. | freedom is too important to sacrifice for innovation. | |
| 299493246 | antifederalists' beliefs about simple government. | simple is better because there's accountability. | |
| 299493247 | federalists' beliefs about civic virtue. | ambition and self-interest will create a better system. | |
| 299493248 | federalists' beliefs about necessary and proper clause. | it was good because it was specific enough. | |
| 299493249 | federalists' beliefs about simple government. | checks and balances pit ambition against ambition to create good government. | |
| 299503241 | the ratification of the bill of rights. | philidelphia convention. 13 ratification conventions. congress meets, drafts bill of rights. bill of rights goes to conventions. fully ratified. | |
| 299503242 | federalist 51 | threats to liberty come from the state and the majority. encourages checks and balances, federalism, separation of powers. madisonian pluralism is better because it creates a large, diverse population so no one group can have too much power. | |
| 299503243 | the judicial branch isn't a threat to liberty because no sword or purse. it's important because it checks the power of the other branches. | federalist 78 | |
| 299503244 | US federalism | states retain sovereignty but the federal government is the highest power and controls foreign policy. | |
| 299503245 | McCulloch v Maryland | says that government can make a bank. creates implied powers using the necessary and propery clause. | |
| 299503246 | Gibbons v Ogden | establishes that government can control interstate commerce. | |
| 299503247 | NLRB v Jones and Laughlin Steel Co. | rules that congress can regulate intrastate commerce. | |
| 299503248 | Gonzalez v Raich | because a product can travel, it is interstate commerce. | |
| 299503249 | US v Lopez | found that there was no commercial activity so congress couldn't regulate it. | |
| 299999718 | give power back to the states. start with block grants. Gingrich. | new federalism. | |
| 300025312 | cooperative federalism. | congress expands power to regulated through general welfare clause. US v Butler, fed can attach strings to $, empowers feds. Helvering v Davis, congress determines welfare. drinking age, speed limit, military recruiters. | |
| 300025313 | congress expands power to regulate through commerce clause. | regulatory federalism. | |
| 300025314 | dual citizenship of state and country. layer cake. | dual federalism. | |
| 300025315 | judicial rulings in one state apply to all states. uncontroversial until 1993, when hawaii legalized gay marriage. | full faith and credit. | |
| 300025316 | defense of marriage act | defines federal marriage: heterosexual. allows states to exempt themselves from full faith and credit for gay marriage. obama won't enforce. house republicans hire a lawyer to enforce. | |
| 300025317 | perry v schwarzeneggar. | 2010. one court said prop 8 violates 14th amendment, but state judge won't enforce. schwarzy won't defend. brown steps in. | |
| 300025318 | states compete amongst each other to be more attractive to businesses. lower corporate tax, lower minimum wage, unions etc. | competative federalism. | |
| 300025319 | commity clause. | citizens of one state have rights of citizens of other states. | |
| 300025320 | defintion of federalism. | a system of government in which sovereignty is constitutionally divided among the central governing authority and constituent political units | |
| 300025321 | all powers not delegated to the US by the constitution are reserved to the states or the people | 10th amendment. | |
| 300025322 | the supremacy clause. | if federal and state law clash, federal wins. | |
| 300025323 | allowed judicial review of federal action | marbury v madison | |
| 300025324 | allowed judicial review of state action | supremacy clause, judiciary act of 1789, fletcher v peck. | |
| 300025325 | fletcher v peck | case rules that states can't nullify contracts. art 1, sec 10, clause 1. this was the first time a state law was stricken down. | |
| 300025326 | stare decisis | once precedence is set, the decision must stand. | |
| 300025327 | rules that the bill of rights applies only to the federal government. | barron v baltimore | |
| 300025328 | amendment passed beginning with "no state shall." it was meant to weaken (southern) states to protect slaves. | 14th amendment | |
| 300025329 | chicago v burlington | the supreme court uses due process to incorporate the 5th amendment to the states. | |
| 300025330 | citizenship clause of 14th | if you're born in US, you are a citizen of both state and country. | |
| 300025331 | privileges and immunities clause | fails due to slaughterhouse cases. | |
| 300025332 | due process clause | allows incorporation | |
| 300025333 | protection clause | creates civil rights | |
| 300025334 | protects against government discrimination based on class | civil rights | |
| 300025335 | protected classes | race, religion, ethnicity, national origin, gender, old age, disability. | |
| 300025336 | state action doctrine | states that the 14th amendment applies only to governmental discrimination. | |
| 300025337 | civil rights act of 1964 | protects against private discrimination. | |
| 300025338 | strict scrutiny | policy for race, ethnicity, naional origin, religion. burden of proof is on the defendent. | |
| 300025339 | intermediate | policy for gender. burden of proof is in the middle. | |
| 300025340 | rational basis | policy for disability, old age. burden of proof on plaintiff. | |
| 300025341 | plessy v fergusson | creates separate but equal doctrine. | |
| 300025342 | brown v board of education | shows that separate isn't equal. desegregated schools using black doll test. | |
| 300025343 | party press | publications affiliated with parties. partisan, biased. | |
| 300025344 | mass media | publication becomes cheaper, adds advertising. creates the newspaper. | |
| 300025345 | objectivity | a value due to associated press. had to appeal to all people. | |
| 300025346 | broadcast journalism | most regulated form. candidates can speak directly to the people. | |
| 300025347 | definition of prior restraint | halting publication of materials. it basically cannot happen. | |
| 300025348 | incorporates free press. rules that prior restraint is illegal (unless war, sort of obscenity, inciting violence) | near v minnesota (1931). | |
| 300025349 | pentagon papers published by daniel elsberg. top-secret stuff, but no battle plans. it was a damning report. court said to publish. | new york times v US (1971). | |
| 300025350 | school newspapers have prior restraint. they reflect the school, are for kids etc. | hazelwood v kuhlmeyer. | |
| 300025351 | commercial speech | until 70's, no free speech for ads. govt prohibits false and misdleading ads, or ads for illegal stuff. | |
| 300025352 | ruled that a state law banning abortion ads was unconstitutional. | bigelow v virginia (1975). | |
| 300025353 | alllowed regulation of broadcasts. limited space over broadcast waves. need license, so govt can regulate content. | FCC act of 1934. | |
| 300025354 | reiterated that broadcasting as received "most limited 1st amendment protection." | red lion broadcasting co. v FCC (1969) | |
| 300025355 | libel | written | |
| 300025356 | slander | spoken | |
| 300025357 | makes truth a defense for libel. example of a jury acquittal. turned libel into tort. | zenger case (1735). | |
| 300025358 | fallwell says that no one takes his damage seriously. hurts himself because shows no damage, therefore no tort. | hustler magazine v fallwell part 1 | |
| 300025359 | fallwell wins, saying that porn is already so bad that hustler magazine guy couldn't have any damage to his reputation. | hustler magazine v fallwell part 2 | |
| 300025360 | new york times v sullivan (1964) | defines when libel is applicable. for public figure, must be untrue, hurtful, show serious malice. for private person, must be untrue, hurtful, and show willful negligence. |
