Nationals

Dawes Act

In 1887, granted citizenship to Native Americans who were willing to disassociate themselves from their tribe, making them technically eligible to vote

Amendments refining unanticipated Congressional/Presidential issues

12th Amendment - changed Article II, Section I, by requiring electors to make separate choices for president and vice president 20th Amendment - shortened the time between an election and when the president, VP, and congress take office 22nd Amendment - two-term limit on presidency 25th Amendment - addresses gaps in Article II about death, disability, removal, or resignation of the president

Amendments for fundamental changes

13th Amendment - abolition of slavery 14th Amendment - defining citizenship, equal protection, due process, privileges or immunities

Other presidential election proposals

"The Virginia Plan", proposed by Governor Edmund Randolph of Virginia (or possibly James Madison), it called for the selection of the Executive by the National Legislature Elbridge Gerry proposed selection by the state executives (i.e., governors) The New Jersey plan was similar to the Randolph/Virginia plan but called instead for the possibility of a plural executive. Alexander Hamilton initially supported a lifetime appointment for an executive, in addition to one branch of the legislature potentially doing the same.

Charles Evan Hughes expansive SC power

"We are under a Constitution, but the Constitution is what the judges say it is."

US v Nixon

"each branch of the Government must initially interpret the Constitution, and the interpretation of its powers by any branch is due great respect from the others" BUT cites M v M, "it is emphatically the province and duty of the judicial department to say what the law is" Unanimous. The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege. The Court granted that there was a limited executive privilege in areas of military or diplomatic affairs, but gave preference to "the fundamental demands of due process of law in the fair administration of justice." Therefore, the president must obey the subpoena and produce the tapes and documents. Nixon resigned shortly after the release of the tapes.

editor david wasserman at coke political report, partisan voter index:

# of fundamentally competitive districts Has fallen 56% in last 20 years to just 72 out of 435, and only 15 out of 435 were toss-ups last year. So, knew who would win in over 95% of districts. 83% of that decline was driven by self-sorting of voters, only 17% was attributable to redistricting.

Arthur E Sutherland 3 criteria of constitutionalism

1. equality before government 2. fundamentals based on written statements 3. structure restrains government

Amendments overturning SC decisions

11th Amendment - lawsuits against states overturned Chisholm v. Georgia 16th Amendment - congress can impose and income tax overturned Pollock v. Farmers' Loan & Trust Co.

Voting amendments

15th Amendment - right to vote not denied by race 17th Amendment - senators directly elected by the people, not state legislatures 19th Amendment - women's right to vote 23rd Amendment - presidential vote for D.C. 24th Amendment - abolition of poll taxes 26th Amendment - right to vote at age 18

Difficulty of amendment system under articles of confederation

1781, 3, and 6 - Amendment proposed to Congress allowing fed government to levy 5% income tariff. Shot down by Rhode Island, Rhode Island, New York. Problem: necessary bc no penalty for states if didn't pay taxes. So 1784 to 1789, states on paid 24% of taxes. Georgia didn't pay a single dollar. Article 13 is amendment provision Shays' rebellion bc fed gov couldn't pay soldiers, defaulted on debt

Civil Rights Cases

1883 overturned the Civil Rights Act of 1875, which criminalized discrimination in public accomodations. In an 8-1 opinion written by Justice Joseph P. Bradley, the Supreme Court found the Civil Rights Act of 1875 to be unconstitutional: The 13th clearly applies to individuals, but he found that "The 13th Amendment has respect, not to distinctions of race ... but to slavery." And, 14th doesn't apply to individuals.

Harper v. Virginia Board of Elections

1966 - Tax payment and wealth requirements for voting in state elections are prohibited by the Supreme Court

Dunn v Blumstein

1972 - Justice Marshall argued in the majority opinion that the durational residency requirements were neither the least restrictive means available to prevent electoral fraud nor an appropriate method of guaranteeing the existence of "knowledgeable voters" within the state.

4 types of constitutional crises (according to fivethirtyeight article)

1: The consitution doesn't say what to do (presidential succession before 25th, emergency powers) 2: Constitution's meaning is in question (Civil War) 3: Constitution tells us what to do but it's not politically feasible (contested presidential elections, possible invocation of 25th) 4: Institutions themselves fail (government shutdown, Customs and Border patrol agents reportedly ignoring judicial orders)

Article 1 Section 4

1: elections determined by states but Congress can overrule (set standard election date in 1845 for the president and 1875 for Congress) 2: anti- pro roguing. Response to britain's abuse, where governor would stop legislatures from meeting. Congress assembles at least once every year, on the first monday of december unless they choose a different year. The president can't stop them.

Bill of Rights

1st Amendment - freedom of religion, speech, press, assembly, and petition 2nd Amendment - right to bear arms 3rd Amendment - freedom from quartering of soldiers 4th Amendment - search and seizure rights 5th Amendment - defining criminal rights (grand jury, double jeopardy, self incrimination, due process, takings clause) 6th Amendment - right to speedy trial by jury, witness, counsel (criminal cases) 7th Amendment - guarantee of jury trial in civil lawsuits 8th Amendment - excessive fines, cruel and unusual punishment 9th Amendment - unenumerated rights are retained by the people 10th Amendment - other rights are reserved to the states & the people

Party systems

2: Whigs v Democrats, until slavery made Whigs splinter 3: Democrats v Republicans after Civil War 4: Republican dominance during progressive era, up until Great Depression 5: Democratic dominance during New Deal, start of Civil Rights, Vietnam - ended when Southern whites angry, pushed to Republicans 6 (through today) - issue of how to extend rights, most clearly defined parties since Civil War, Republicans rural & Democrats in cities.

Numbers of states supreme courts (out of 48) w elected judges

38 states have some form of elections: 7 partisan 14 nonpartisan 17 uncontested retention elections after appointment Other 12 have lifetime tenure or reappointments

Total # number electoral votes & # needed to be elected

538 electoral votes, so need 270 to be elected

average C district more republican

Donald Trump got 46% popular vote, 51.5% of vote in median Congressional district

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Incorporated by McDonald v Chicago.

Article 4, Section 3

Admitting new states: Follows NW Ordinance, reinstated by Congress No distinction between existing & new states Congress makes all rules about territories No states in other states, by adding parts of states without their consent

Eleventh Amendment

Affirms the idea of state sovereign immunity, meaning that states cannot be sued by citizens of other states Ratified to overrule the case Chisholm v. Georgia, in which the court clarified Article III, Section 2 by ruling that federal courts could hear controversies between a state and citizens of another state, permitting states to be sued in court.

Magnuson Act

Also known as the Chinese Exclusion Repeal Act of 1943. Repealed the Chinese Exclusion Act of 1882, allowed some Chinese immigrants to become naturalized citizens (and therefore vote), but provided for the ban on property/businesses by ethnic Chinese.

Exceptions to amendment process

Article V, Clause 2: Can't amend article 1 section 9 to end slave trade before 1808 Can't end equal suffrage in senate without states' consent Constitutional convention defeated a motion to prevent amendments that affected internal police powers in the states

legislative apportionment is justiciable (Frankfurter's "political thicket")

Baker v Carr

Maryland gerrymandering case

Benisek v Lamone - the matter in Wisconsin is "materially different" because it addresses a statewide map under a Fourteenth Amendment equal-protection challenge. By contrast, Benisek targets one egregious gerrymander in a single district on First Amendment grounds.

Numbers of slaves in US

By the start of the Civil War, four million people, nearly all of African descent, were held as slaves in 15 southern and border states. Slaves represented one-eighth of the U.S. population in 1860.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

My Congress & President book

Constitutional Conflicts Between Congress and the President Louis Fisher

A little history: separation of powers natural, rejected pure separation

Continental Congress delegated power bc ineffective, to committees, boards, and finally single executive officers by 1871... who became executive officers under new Constitution (ex: Henry Knox remained Secretary of War). Been said that Constitution didn't create separation of but that separation of powers created constitution (Francis Wharton). Rejected 3 states' amendment proposal to specifically say that the legislature will never exercise executive or judicial power, executive will never exercise legislative or judicial, and judicial will never exercise legislative or executive. Also rejected substitute to keep the three branches "separate and distinct."

Article 6

Debts valid - 40/55 founders owned debts, only really paying speculators, credible to foreigners Supremacy clause All must take oath of office but never religious test

Article 3, Section 3

Definition of treaty Is only levying war against, adhering to their enemies, giving them aid and comfort. Need 2 witnesses of same act or confession in open court for conviction. Congress declares punishment, but no bill of attainder, corruption of blood, or forfeiture after their lifetime.

Article 2, Section 3

Duties: State of the Union Recommend legislation Convene Congress when necessary Take care clause: faithfully execute laws

Article 1 Section 8

Enumerated powers: Money - lay & collect taxes (must be uniform), pay debts, provide for welfare, coin money & regulate value & punish counterfeiting War & Peace - fund army, navy, militia, define & punish piracies and felonies, declare war, govern & regulate forces Economy - regulate commerce, establish naturalization/bankruptcy rules, fix standard weights/measures, establish post offices, copyrights, National Government - make lower courts, govern federal land Necessary and Proper Clause

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article 1 Section 9

Federal prohibitions: little bill of rights- can't suspend writ of habeas corpus unless rebellion/invasion, for public safety no bill of attainder no ex post facto law other- no direct tax unless proportional (changed by 16) no taxes on state exports or favoring certain state ports must make law to take treasury money no titles of nobilities/emoluments from foreign no ending slave trade before 1808

Madison on checks and balances, as necessary to separation of powers

Federalist 51: "ambition must be made to counteract ambition" Federalist 48: "Unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained."

Fifth Amendment

Felony charges in federal court must have grand jury (w military exceptions), no double jeopardy, protection against self-incrimination. nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation (takings clause)

Bush v Gore

Florida Supreme Court ordered that the Circuit Court in Leon County tabulate by hand 9000 contested ballots from Miami-Dade County. It also ordered that every county in Florida must immediately begin manually recounting all "under-votes" (ballots which did not indicate a vote for president) because there were enough contested ballots to place the outcome of the election in doubt Noting that the Equal Protection clause guarantees individuals that their ballots cannot be devalued by "later arbitrary and disparate treatment," the per curiam opinion held 7-2 that the Florida Supreme Court's scheme for recounting ballots was unconstitutional, and a constitutional method couldn't be fashioned in the time remaining. Rehnquist (in a concurring opinion joined by Scalia and Thomas) argued that the recount scheme was also unconstitutional because the Florida Supreme Court's decision made new election law, which only the state legislature may do under Article II, Section 1. Breyer and Souter thought a constitutional recount could be fashioned - time is insubstantial. Ginsburg and Stevens - F SC should be respected for federalism & was fundamentally right; C says every vote must be counted.

Why don't want complete separation of powers (and don't have it)

French constitutions of 1791 & 1848 wanted rigid separation of power - resulted in Napoleon and the Second Empire Justice Jackson: The Constitution "enjoins upon its branches separateness but interdependence, autonomy but reciprocity." Morrison v Olsen said that never held that C requires 3 branches to "operate with absolute independence."

Article 4, Section 1

Full faith and credit clause (honor acts of other states)

President Lincoln inaugural address on SC power

If government policy on "vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court... the people will have ceased to be their own rulers."

Article 4, Section 4

Guarantees republican form of government & protection against invasion/domestic violence Political, not justiciable question under Luther v Borden Res publica = the public thing Commonly defined as widespread representation Fed 10, Madison says: a republic, by which I mean a government in which the scheme of representation takes place John Adams says "I have never known what a republic is, nor do I know if any man ever shall." When southern states forced to ratify amendments in order to rejoin union, argued they were no longer republican, disenfranchised, so needed to ratify to become republican again

Seventh Amendment

Guarantees right to juries in civil cases "where the value in controversy shall exceed twenty dollars," but juries less than 1% of civil cases. Second clause prevents federal judges from overturning jury verdicts in certain ways.

Federalist 78 on judicial power

Hamilton argues that judicial review doesn't "suppose a superiority of the judicial to the legislative power" because it simply upholds the Constitution's authority as the written will of the people.

Federalist paper electoral college

Hamilton's 68: "...Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States..." He thought the "sense of the people should operate in the choice", but that electors would be "most likely to have the information and discernment" to make a good choice.

Arizona State Legislature v Arizona Independent Redistricting Commission

In 2000, citizens of Arizona passed Proposition 106 through a ballot measure. It gave redistricting power to the AIRC, made of 2 Democrats, 2 Republicans, and an independent chair. However, Article 1, Section 4 says "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof." The SC ruled that "legislature" is whatever body makes the laws - can be the people acting through ballot measure if that power was granted to them in the state constitution. Independent commissions are constitutional. (The Arizona Legislature was so confident that it would prevail in the U.S. Supreme Court that it even hired a firm to redraw the congressional district maps without waiting for the Court to make its decision.)

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence (Gideon v Wainwright incorporated right to counsel)

Guantanamo Bay

In each case, the Court preserved the separation of powers, overturning laws passed by Congress and mandates proposed by the President aimed at denying the prisoners their right to habeas corpus. The Supreme Court explained that it is a constitutional right that extends even to enemy combatants who are not U.S. citizens and are held outside of the United States in Guantanamo Bay, Cuba. As Justice Anthony Kennedy explained in the fourth and final case, Boumediene v. Bush "[t]he laws and Constitution are designed to survive, and remain in force, in extraordinary times." That includes the War on Terror." Cases: Rasul v Bush (2004) - granted habeas corpus jurisdiction Hamdan v Rumsfeld (2006) - Rights protected by the Geneva Convention can be enforced in federal court through habeas corpus petitions. The military commission established to try Hamdan and others for alleged war crimes in the War on Terror was not authorized by the Congress or the inherent powers of the President. Boumediene v Bush (2008) - Overturned the 2006 Military Commission Act, eliminating federal courts' jurisdiction to hear habeas applications from detainees who have been designated (according to procedures established in the Detainee Treatment Act of 2005) as enemy combatants.

When states started allowing people to directly choose electors

In first election, 4 of 10 chose electors by popular vote, big shift in 1804: 11 of 17 did. by 1828 21 of 24 did. After 1828, only South Carolina refused to elect popularly. At that point basically party slates.

Article 1 Section 5

Inside powers: judge elections majority = quorum, less can compel attendance each branch makes own rules (ex: filibuster in Senate) each branch can punish members, up to expulsion w 2/3 vote In contradiction to secretive parliament, requires to publish journal of proceedings, w exceptions for stuff requiring secrecy

Examples of far-right parties in EU

Italy - 5 star movement - political party created by a comedian, screw everyone populist Austria - governing coalition led by right party. Sebastian Kertz is center right, tough on immigration. In coalition w party born out of nazi-ism. Germany - alternative for deutchland is far-right example Grand Coalition in Germany was center-left and right parties. Like others, attacked by resentment w EU, "Euro-skeptic", sovereignty critique, as well as anti-immigrant, losing cultural identity, country identity is based off parents were from that country, islamophobia, anti-semitism National Front in France - Marine Le Pen got 35% of the vote Law and Justice in Poland

Federalist paper quote for flexibility/inflexibility of amendment system

James Madison explained in The Federalist No. 43: "It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults."

Possible interest of slave states in rejected a popular vote for president

James Wilson proposed the use of a direct election by the people, but he gained no support for this idea, and it was decided that the president would be elected by Congress. When the entire draft of the Constitution was considered, Gouverneur Morris brought the debate back up and decided he too wanted the people to choose the president. James Madison agreed that election of the people at large was the best way to go about electing the president, but he knew that the less populous slave states would not be influential under such a system, and he backed the Electoral College. Another factor here was the so-called Three-Fifths Compromise, which gave added power to the slave-holding states under the Electoral College which they would not have had under any likely form of popular vote.

Article 3, Section 2, Clause 1

Jurisdiction: Cases & controversies that are federal questions, questions about admiralty, cases involving ambassadors etc., where US is a party, issues between states, issues between citizens of different states (diversity cases) 11 amendment removed part allowing citizens of one state to sue another state in federal court

NQ1 quote

Justice Black's Griswold dissent Argues against modernism References Lochner era, saying thought had stopped substantive due process with West Coast Hotel v Parrish

Congress can use interstate commerce clause to forbid discrimination in public acommodations, businesses

Katzenbach v McClung

Article 1 Section 7

Legislative Process Revenue bills from house (bc people's house, for antifederalists who wanted representation for taxation) Bill must be passed by both houses If president signs, is law Presidential veto can be overridden with 2/3 If president doesn't sign or veto within 10 days (Sundays excepted), is law Pocket veto: If Congress adjourns within those 10 days & president doesn't sign, bill dies

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.

Lower court overturned EPA regulation but SC deferred to EPA. Chevron is the Court's clearest articulation of the doctrine of "administrative deference," to the point that the Court itself has used the phrase "Chevron deference" in more recent cases. The fundamental test applied by the court, when appropriate, is deferential: "whether the agency's answer is based on a permissible construction of the statute," so long as Congress has not spoken directly to the precise issue at question.

Cases overturned by amendments to the Voting Rights Act of 1965

Mobile v. Bolden (1980) held that Section 2 prohibited only purposeful discrimination Reno v. Bossier Parish School Board (2000), interpreted Section 5 to prohibit voting changes that were enacted or maintained for a "retrogressive" discriminatory purpose instead of any discriminatory purpose Georgia v. Ashcroft (2003) established a broader test for determining whether a redistricting plan had an impermissible effect under Section 5 than assessing only whether a minority group could elect its preferred candidates.

Guy who says that party sorting is real, not polarization of voters

Morris Fiorina, a senior fellow at the Hoover Institution, studies elections and public opinion. He recently published the book, Unstable Majorities: Polarization, Party Sorting and Political Stalemate, which draws on his prior research and a variety of new data on the American electorate. He is also the Wendt Family Professor of Political Science.

Third Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article 3, Section 2, Clause 2

Original jurisdiction: involving ambassadors or state is a party Otherwise appellate jurisdiction

Article 1 Section 6

Outside protections: fixed compensation (in colonies where unpaid, only wealthy could serve) set own compensation (modified by 27 amendment) can't be arrested while attending Congress except for felony, treason, breach of peace speech and debate: can't be arrested for what say in congress (Britain would arrest for treasonous speech) No holding other offices for separation of powers

Article 4, Section 2

Privileges and Immunities clause (can't discriminate against citizens of other state) Extradition clause (return criminal) 13th overturned fugitive slave clause

Voting Rights Act of 1965

Protected voter registration and voting for racial minorities, later applied to language minorities. This has also been applied to correcting discriminatory election systems and districting.

Hastert rule

Republican speaker of the house will only allow stuff to come to the floor for a vote with a majority of the caucus. The bipartisan, comprehensive immigration reform passed the Senate in 2012 but (after majority whip Eric Kanter was defeated)

Shelby County v Holder

Section 4(b) defined the districts who needed approval to change voting laws as ones that had a voting test in place as of November 1, 1964 and less than 50% turnout for the 1964 presidential election. The Court ruled 5-4 that this imposes current burdens that are no longer responsive to the current conditions in the voting districts in question. Although the constraints this section places on specific states made sense in the 1960s and 1970s, they do not any longer and now represent an unconstitutional violation of the power to regulate elections that the Constitution reserves for the states.

Carl Friedrich response to attacks on separation of powers

Some say interferes w flow of power to specialized public administrators & demands for central authority in WWII. Responds, "many who today belittle the separation of powers seem unaware of the fact that their clamor for efficiency and expediency easily leads to dictatorship."

Article 2, Section 2

Specific powers: Commander in Chief of the armed forces, militia. May require opinions cabinet members about their duties, but doesn't have to listen to them. Sole responsibility. Can grant pardon/reprieve against US except for impeachments Make treaties w 2/3 of consent of Senate Can nominate ambassadors, judges, officers w majority consent of Senate

State constitutions in general

State constitutions in the U.S. are amended on a regular basis. In 19 states, the state constitutions have been amended at least 100 times. Amendments are often necessary because of the length of state constitutions, which are, on average, three times longer than the federal constitution, and because state constitutions typically contain extensive detail. In addition, state constitutions are often easier to amend than the federal constitution.

Article 1 Section 10

State prohibitions: NO... treaties/confederations letters of marque and reprisal (like acts of war) coin money pay for debts w/ other than money Bill of attainder ex post facto law postponing payment of debt titles of nobility tax imports/exports (Fed tax rules are superior) Keeping army/fighting

Clarence Thomas Macdonald v Chicago idea

Substantive due process is a dangerous "legal fiction" without guiding principles

Article 1 Section 2

The House: qualifications - be 25, 7 years citizen, live in the state 2 year term popular vote - only one at ratification lays out proportional representation (including 3/5 compromise) sole power of impeachment (simple majority) state governor chooses how to fill vacancy chooses own speaker/other officers

Snyder Act

The Indian Citizenship Act of 1924, also known as the Snyder Act, granted full U.S. citizenship to the indigenous peoples of the United States. Enacted in part bc of Indians who served in WWI. At this point, roughly 2/3 were already citizens. They may not have had full citizenship and suffrage rights until 1948 bc Discrepancies between federal and state control provided loopholes in the Act's enforcement.

Article 1 Section 3

The Senate: qualifications: be 30, 9 years citizen, live in state 6 year term chosen by legislatures until 17th vice president is president w/ tie vote more active president pro tempore, who is traditionally longest serving majority member tries impeachments w 2/3 vote needed (chief justice presides over) punishment for impeachment can only be removal and disqualification from office (although they can be tried in other courts after)

League of Women Voters of PA. v. The Commonwealth of PA

The court had declared the Congressional Redistricting Act of 2011 unconstitutional in violation of the Constitution of the Commonwealth of Pennsylvania. The per curiam opinion stated that the previous redistricting process resulted in a significant benefit to the republican party who were in control of that process in 2011. The court then ordered that the Pennsylvania General Assembly draft a new congressional districting plan that comports with the Pennsylvania constitution. Challenges to the court's decision were denied by the US Supreme Court and a Pennsylvania federal district court. Several Republican legislators in Pennsylvania filed resolutions on Tuesday to impeach Democratic Pennsylvania Supreme Court Justices Max Baer, David Wecht, Debra Todd, Christine Donohue, and Kevin Dougherty due to misbehavior in office.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Mapp v Ohio for exclusionary rule.

Report from the Democracy Fund Voter Study Group, "Follow the Leader: Exploring American Support for Democracy and Authoritarianism,"

Thirty-two percent of Trump primary voters support a "strong leader" who doesn't have to bother with Congress or elections. Support for this option is especially high (45 percent) among those who voted for Barack Obama in 2012 and then voted for Donald Trump in 2016. Nearly a quarter of Americans say that a strong leader who doesn't have to bother with Congress or elections would be "fairly" or "very good,"and 18 percent say that military rule would be "fairly" or "very good." The highest levels of support for authoritarian leadership are found among those who are disaffected, disengaged from politics, deeply distrustful of experts, culturally conservative and hold negative views towards racial minorities.

Article 3, Section 2, Clause 3

Trial of all crimes (except impeachment) by jury, and held in state where committed (if in multiple, Congress decides where). Nevertheless, pp have been allowed to waive right to jury trial.

Uniformed and Overseas Citizens Absentee Voting Act

United States Military and Uniformed Services, Merchant Marine, other citizens overseas, living on bases in the United States, abroad, or aboard ship are granted the right to vote

Civil Rights Act of 1866

Used the enforcement clause of the 13th Amendment to say all people born in the US are citizens, outline the rights of being a citizen (to contract, sue, own property, enjoy equal benefits of all laws, etc), and made it unlawful to deny these rights.

Article 2, Section 1

Vests all executive power in president Term length = four years Lays out electoral college: # electors = Senators + Representatives states determines how chosen No US officer can be elector 12th amended part saying 1st place president, 2nd place vice president bc no way to tell apart in tie (allowed ticket item & party apparatus) Congress chooses day & time for choosing electors President must: be natural born citizen, 35 years old, 14 years resident 25th disability amendment replaced disability part of this section (after Eisenhower heart attack and Kennedy assassination) Gets compensation that can't change while in office (independent) & no emoluments Oath of office

Article 2, Section 4

What can be removed for: Civil officers can be impeached & removed w/ trial & conviction for treason, bribery, or other high crimes and misdemeanors

Eternity clause

a clause intended to ensure that the law or constitution cannot be changed by amendment. entrenched clause in the constitutions of the Czech Republic, Germany, Turkey, Greece, Italy, Morocco, the Islamic Republic of Iran, the Federative Republic of Brazil and Norway. The Constitution of India and the Constitution of Colombia contain similar provisions aimed at making it difficult, but not impossible, to change their basic structure.

Naturalization Act of 1790

allowed white men born outside of the United States to become citizens with the right to vote

colonial amendment systems

amendment systems developed w written constitutions. The charters granted by William Penn in 1682 and 1683 provided for amending, as did eight of the state constitutions in effect in 1787. Three state constitutions provided for amendment through the legislature, and the other five gave the power to specially elected conventions.

First Party System

began with the divisions in Washington's cabinet, with Alexander Hamilton leading the Federalists and Thomas Jefferson leading the Democratic Republicans. At this point, parties or factions were considered disloyal and suspect and only white men with property could vote.

lady w generic views on polarization/gerrymandering

caroline frederickson - president of american constitutional society

professor mccarty: nolan

in 1980, top 10,000 donor gave about 8% of total contributions to american federal elections. Now that number is about 45%.

Changes in overlap of ideologies of two parties

in 1994 23% of Republicans were more liberal than the median Democrat; while 17% of Democrats were more conservative than the median Republican. Today, those numbers are just 1% and 3%, respectively.

Article 3, Section 1

judicial power vested in SC C can make lower courts Hold office during good behavior Can't reduce compensation while in office

Article 1 Section 1

legislative power HEREIN GRANTED (dif from other two branches) vested in bicameral Congress - different from the articles of confederation where all powers were in 1 body

Types of proportional representation

single transferable vote/Hare system (rare, only in Northern Ireland, Ireland, and Malta and in the selection of the Australian and South African senates) Party list system: largest average (Austria, Belgium, Finland, and the Netherlands, Denmark, Norway, and Sweden) greatest remainder (Israel and Luxembourg and for some seats in the Danish Folketing)

Era of Good Feelings

when the Jeffersonian Democratic Republicans were the only political party during Monroe's two terms. Ended when splintered in election of 1824

Article V

⅔ of Congress can propose an Amendment Or ⅔ of states can propose an Amendment Ratified by ¾ state legislatures Or Ratified by ¾ special state conventions (Method of ratification decided by Congress) Only ratified w state conventions for 21 amendment