Poli EXAM 1 Review (Ch.1-5)
What was Shays Rebellion and why was it important?
A rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel Shays marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosing mortgages on their farms. The failure of the Congress to muster an army and quell the rebellion provided a dramatic example of the weaknesses inherent in the Articles of Confederation and shocked the nation's leaders into recognizing the new national government's inadequacies. It finally prompted several states to join together and call for a convention in Philadelphia in 1787.
How did the dynamic between the federal government and the states change in nation-centered and cooperative federalism eras?
A view holding that the Constitution is an agreement among people who are citizens of both state and nation, so there is much overlap between state powers and national powers The bakery metaphor used to describe this type of federalism is a marble cake. The national and state governments do not act in separate spheres; they are intermingled in vertical and diagonal strands and swirls. MAY NEED MORE INFO
Understand enumerated powers, implied powers (necessary and proper), national supremacy, reserved powers (10thAmendment), and provisions for interstate relations (especially, full faith and credit clause)
--Enumerated Powers: granted to/exercised by the national government,Article I, II, III, Regulation of commerce regulated by the national government --Implied Powers: powers inferred from the express powers that allow congress to carry out its functions (power to create banks) -Necessary & Proper Clause: Clause of the constitution (Article 1, Section 8, Clause 18) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper for carrying out all powers vested by the constitution in the national government --National Supremacy: Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government prevail. --Reserved Powers: EX: voting legibility, driving license, Powers the Constitution reserves for the states (Article I and Tenth Amendment), Examples: Regulate interstate commerce, establish local governments, administer elections --Provisions for interstate relations: agreements between states. ex: Share law enforcement/crime data, Environmental protections &Promote car safety -Full Faith and Credit Clause: Clause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
What were the main provisions of the Articles?
-A national government with a Congress empowered to make peace, coin money, appoint officers for an army, control the post office, and negotiate with Indian tribes -Each state's retention of its independence and sovereignty, or ultimate authority, to govern within its territories -One vote in the legislature, the Congress of the Confederation, for each state regardless of size -The vote of nine states to pass any measure (a unanimous vote for any amendment) -The selection and payment of delegates to the Congress by the states
Especially focus on surveillance programs (collection of metadata) and their relation to 4thAmendment
-Covert Government Surveillance: Fourth Amendment to US Constitution "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." -Wiretaps and Bugs: US Supreme Court rules bugs covered by Fourth Amendment ==>In Charles Katz v. United States, the Supreme Court ruled in favor of Katz. Justice Potter Stewart wrote that "the Fourth Amendment protects people, not places" -Title III: In 1972 the Supreme Court rejected this argument when it ruled that the Fourth Amendment forbids warrantless wiretapping, even in cases of national security Responses to the Patriot Act: Critics maintain that other provisions of the Patriot Act undermine the right against unreasonable searches and seizures guaranteed by the Fourth Amendment: The Patriot Act allows police to install Internet pen registers without demonstrating probable cause that the suspect is engaged in a criminal activity. By revealing the URLs of Web sites visited by a suspect, a pen register is a much more powerful surveillance tool on the Internet than it is on a telephone network. The Patriot Act allows for court orders authorizing roving surveillance that do not "particularly describe the place to be searched.", It allows law enforcement agencies, under certain circumstances, to search homes and seize evidence without first serving a search warrant. &It allows the FBI to obtain—without showing probable cause—a warrant authorizing the seizure of business, medical, educational, and library records of suspects. -Telecommunications Records Database: In August 2006, a federal judge in Detroit ruled the programto be illegal and unconstitutional, violating several statutes as well as the First and Fourth Amendments to the US Constitution
Discuss the size of government in the United States. How has it changed over time and what events precipitated that change? How does the size of the government in the United States compare to other economically developed countries? What are the major areas of federal government spending?
-Most think that government is too big, but they mostly agree with governments programs. Prior to the depression, federal gov was small.. Most of the work done by gov was done at the state and local level.After the depression, FDR's new deal programs along with Tax increases to prepare for WWII created a more powerful national gov. -The us spends 19% of GDP in public spending while OECD countries spend around 21% of GDP. Compared to other developed countries the US tends to spend less. 70% of federal spending in the US goes toward homeland security, social security and health care.
Family size - what are the broad changes in family dynamics?
-Smaller family size because children aren't needed anymore to work for survival. Most believe that having no children or 2 is best -Today, 35 percent of children under eighteen live with just one of their parents; the majority of those live with their mother. -Declining marriage rates
CHAPTER 2 Q&A
-What term denotes an economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade? mercantilism -What pamphlet galvanized the American public against reconciliation with Great Britain? Common Sense -Many of the ideas expressed in the Declaration of Independence were based on _____. social contract theory -In 1772, at the suggestion of Samuel Adams, colonists created _____ to keep each other abreast of developments with the British. Committees of Correspondence -Which of the following is a correct description of Locke's social contract theory and the Declaration of Independence? Both hold that governments exist based on the consent of the governed. -The Articles of Confederation created what type of government? confederation -Which was not included in the Articles of Confederation? The power of the national government to raise taxes -What was the first constitution of the United States called? the Articles of Confederation -Why do historians refer to the period from 1781 to 1789 as the Critical Period? The newly independent national government was struggling to survive. -In which state did Shays' Rebellion occur? Massachusetts -What document establishes the structure, functions, and limitations of a government? a constitution -Who thought that the Constitution was "an economic document drawn with superb skill by men whose property interests were immediately at stake"? Charles Beard -What did the New Jersey Plan argue for? a stronger version of the Articles of Confederation -What was the main task of the Committee on Unfinished Portions? ironing out disagreements concerning the office of chief executive -Which constitutional provision suggests that the Framers did not have complete trust in the ability of ordinary citizens to select their leaders? the Electoral College -What is the source of the government's power under the Constitution? the people -The powers of the national government specifically granted to Congress in Article I, Section 8 of the Constitution are known as what kind of powers? enumerated -Which Article of the Constitution created the presidency? II -In creating a national government with a system of checks and balances, the Framers sought to_____. limit the ability of any branch of the national government to become too powerful -The separation of powers into legislative, executive, and judicial branches is designed so as to ensure that ___________. the branches are constitutionally equal and independent -The Anti-Federalists felt that the proposed national government _____. would be too powerful -What did those who favored the newly proposed, stronger national government choose to call themselves? Federalists -Which state was among the first to ratify the Constitution? Delaware -Which of the following is an example of an Anti-Federalist view? The United States should have strong state governments and a weak national government. -Why were The Federalist Papers written? to spell out the benefits of the Constitution and the reasons for its structure -Which of the following is an informal process for amending the Constitution? changes in judicial interpretation of the Constitution -Which political institution or actor cannot play a formal role in the Amendment process? Governors -Which political institution can most easily bring about informal change to the Constitution? the Supreme Court -Which of the following is an example of cultural change altering the Constitution? federal courts interpreting the Constitution to prohibit many forms of discrimination -Which of the following is a hypothetical example of the amendment process as laid out in Article V of the Constitution? A proposed amendment to balance federal budgets is accepted by two-thirds vote in both houses of Congress and then by legislatures in three-fourths of the states. -To raise money to pay for the French and Indian War and the expenses of administering the colonies, what did Parliament enact? the Sugar Act -What was the purpose of the First Continental Congress? to iron out the differences between the colonists and the king -What did the Declaration of Independence do? It set out the reasons for separation of the colonies from Great Britain. -What was the greatest weakness of the Articles of Confederation? its failure to provide for a strong central government -Which of these events provided a dramatic example of the weaknesses inherent in the Articles of Confederation? Shays' Rebellion -Why do some consider the supremacy clause to be the linchpin of the entire federal system? The supremacy clause is what gives the national government enforceable power over the states. -By which method can an amendment to the Constitution be ratified? a vote in specially called conventions in three-fourths of the states -An amendment to the Constitution can be proposed by _____. a vote of two- thirds of the members of both houses of Congress -The fact that an adoption that takes place in Nevada is also recognized in Florida is an example of ______. the full faith and credit clause -When the Continental Congress approved the Articles of Confederation as the country's first system of government, it did not create an executive branch to administer national laws because at that time the Framers feared that _____. a president could become a tyrant -Which of the following best summarizes the Southern position in the debate that resulted in the Three-Fifths Compromise? Slaves could not vote, but the South wanted them included in the population count. -How did the Framers design the Constitution so that it could adapt over time? The language in the Constitution was left intentionally vague so that it could remain flexible. -Why did the Anti-Federalists push for the inclusion of a bill of rights in the Constitution? They felt that the Constitution lacked sufficient protections against the possibility that the new government could abuse its power. -Which of the following is an example of how the legislative branch checks the executive branch? the presidential impeachment -Which of the following phrases best describes the Articles of Confederation? a loose league of friendship between independent states and the national government
CHAPTER 5 Q&A
-Which compromise prohibited slavery north of 36 degrees latitude and fueled a new abolition movement? Missouri -Which convention was held in 1848 and adopted resolutions demanding the abolition of legal, economic, and social discrimination against women? the Seneca Falls Convention -Which amendment outlawed slavery? Thirteenth -How did southern states extend the franchise to poor whites without extending it to poor blacks? grandfather clauses -African American rights eroded by the late 1870s because _____________. African American rights were no longer a Congressional priority -The Supreme Court overturned the separate-but-equal doctrine as unconstitutional in _____. Brown v. Board of Education -Which of the following was a target of the Progressive era reforms? prejudice against African Americans -Susan B. Anthony was primarily concerned with _____. women's suffrage -During the 1930s, the NAACP's most successful political strategy was a series of lawsuits that slowly led to public education integration. -The state of Texas tried to address Sweatt's request for admission to law school by doing which of the following? Creating a separate law school for African Americans -What sparked the Montgomery bus boycott? the arrest of Rosa Parks -How did southern governments respond to Brown v. Board of Education? They attempted to avoid and delay implementing the decision. -What was the practical effect of the 1964 Civil Rights Act? ending discrimination in public accommodations -Which is a women's rights group founded in the 1960s that encouraged passage of an equal rights amendment to the Constitution and advocated for a broader judicial interpretation of the Fourteenth Amendment to include gender equality? NOW -The Student Nonviolent Coordination Committee (SNCC) grew out of the _____________. Greensboro sit ins -The 1887 Dawes Act promoted American Indian ______. assimilation -Which of these cases allowed the internment of Japanese Americans during World War II? Korematsu v. U.S. -Which of the following has been a recent aid to gays and lesbians in their efforts to achieve equal rights? changes in public opinion -Which of the following groups was instrumental in advocating for the Americans with Disabilities Act? war veterans -What did the Supreme Court rule in Hernandez v. Texas? Hispanic Americans had a right to have Hispanic Americans on their jury -The Supreme Court has decided that laws that discriminate on the basis of certain ______ are entitled to strict scrutiny to determine their constitutionality. suspect classifications -Which of the following is the standard of review applied to cases of gender discrimination arising under the Constitution? intermediate standard -Affirmative action is designed to improve equality of _____. opportunity -The strictest test the Court employs in determining constitutionality of an act is __________. strict scrutiny -What type of regulation would be subject to the rational basis standard? Food prices -Which of the following constitutional amendments contains the equal protection clause, which prohibits states from denying "any person within its jurisdiction the equal protection of the laws"? Fourteenth -What was the impetus for the 1840s women's rights movement? the exclusion of women in some aspects of the abolition movement -Which of the following were state laws denying legal rights to freed slaves? Black Codes -Which amendment extended suffrage to African American men? Fifteenth -Which amendment gave women the right to vote? Nineteenth -The NAACP selected a(n) _____ as its first test case for desegregating public schools. law school -Which of the following is an accurate comparison of the Student Nonviolent Coordinating Committee (SNCC) and the Southern Christian Leadership Conference (SCLC)? SNCC was more radical than the SCLC. -What has been the practical effect of Title IX? expanded academic and athletic opportunities for women students -What is the primary driving force behind the Mexican American Legal Defense and Educational Fund (MALDEF)? ensuring civil rights for Hispanics -Which of the following best characterizes the policy of the national government toward Indian tribes during the eighteenth and nineteenth centuries? confinement of American Indians to reservations -What does the Americans with Disabilities Act mandate? access to public facilities for those with mental or physical disabilities -A law that creates an alternative public school that is restricted to African American students would likely be subject to which standard of review? strict scrutiny -Which of the following is an issue that would be evaluated using the strict scrutiny test? affirmative action -The use of _____ was particularly important for the advancement of civil rights. nonviolent protests -Why did the civil rights movement change its focus during the latter half of the 1960s? Civil rights issues were a legislative priority with the Johnson administration.
CHAPTER 4 Q&A
-Which describes the views of the Anti-Federalists regarding a bill of rights? They stressed the importance of a bill of rights because they did not trust the national government to protect civil liberties. -The Federalists argued that a bill of rights was not necessary for a variety of reasons. Which was not a reason that the Federalists gave? A bill of rights would override the many civil liberties guaranteed in state constitutions. -Which of the following are the personal guarantees and freedoms that governments may not infringe? civil liberties -Which of the following statements about civil liberties and the Constitution is accurate? The Bill of Rights is not an exhaustive list of citizens' liberties. -The doctrine of selective incorporation means that _____. states must protect most of the liberties listed in the Bill of Rights -When is school prayer allowed? During a meeting on property that is adjacent to a public school. -The Religious Freedom Restoration Act passed by Congress in 1993 has been used by Christian corporations for which of the following reasons? --To challenge the Affordable Care Act's provision requiring employer-sponsored health plans to include coverage of contraceptive. -Which of the following is included in the First Amendment? the free exercise clause -Which of the following would be most likely to pass the Lemon test? giving college students at a public university the option of taking a class about the Bible as literature -Which of the following is primarily a free exercise issue? the availability of Muslim worship services in prisons -The Alien and Sedition Acts were a clear violation of which of the following? First Amendment's ban on prior restraint. -In Schenck v. U.S., the clear and present danger test suggested that the government can ____. restrict the freedom of speech -What does the doctrine of prior restraint prevent? banning speech or publication before the fact -Which of the following is most likely to fall afoul of the direct incitement test? speech that is likely to cause imminent lawless action -In which case did the Court find that actual malice must be proven to support a finding of libel against a public figure? New York Times Co. v. Sullivan -In response to D.C. v. Heller, the Washington D.C. City Council required which of the following? Gun registration and prohibiting assault weapons and large capacity magazines. Gun laws are particularly strong in which of the following states? California -Which amendment was passed to ensure that Congress could not disarm state militias? second -Why was the Second Amendment added to the Constitution? to ensure that Congress could not disarm state militias -In 1934, Congress passed the National Firearms Act in response to _____. the explosion of organized crime that stemmed from Prohibition -The Fourth, Fifth, Sixth, and Eighth Amendments supplement the rights of defendants with a variety of procedural guarantees known as ________. due process rights -What is a writ of habeas corpus? a petition requesting that a judge order authorities to prove that a prisoner is being held lawfully -Which of the following is generally prohibited by the Fourth Amendment? unreasonable searches Supreme Court cases involving capital punishment have tended to center around whether the death penalty _____. constitutes cruel and unusual punishment -Members of which of the following groups can come into your home without a warrant? firefighters to fight a fire -Which of the following statements is most accurate to describe the right to privacy from a constitutional perspective? The right to privacy is implied in a number of Articles in the United States Constitution. -Which of the following Supreme Court cases was a victory for advocates of gay and lesbian rights? Lawrence v. Texas -What did the Supreme Court rule in Griswold v. Connecticut? state laws prohibiting the sale of contraceptives to married couples were unconsitutional -Which U.S. Supreme Court decision was the first to find a woman's right to have an abortion is protected by the Constitution? Roe v. Wade -Which statement best describes the constitutional provision guaranteeing the right to privacy? The right to privacy is not specifically enumerated in the Constitution. -The USA PATRIOT Act violates the Fourth Amendment by allowing the government to _________. conduct searches without a warrant -In 2008, the Supreme Court ruled which of the following provisions of the Military Commission Act as unconstitutional? Detainees can challenge their extended incarceration in federal court. -Which of the following is a potential violation of the First Amendment that occurred during the war on terrorism? treating Muslim detainees in ways that violated their religious practices -Which of the following is true of the USA PATRIOT Act? It enhances the ability of the federal government to conduct warrantless searches. -Combating terrorism by limiting detainees' access to a trial by jury is a potential violation of which amendment? Sixth -Why did some Federalists oppose adding a bill of rights to the Constitution? It was unnecessary because the states already protected citizens' rights. -What is the name of the process by which most protections found in the Bill of Rights have been made applicable to the states? selective incorporation -Which amendment has been used to gradually make the protections of the Bill of Rights applicable to the states? Fourteenth -Which of the following practices is regulated most directly by the establishment clause? prayer in public schools -Which act was an attempt by Congress to counter some of the Supreme Court rulings that allowed the government to limit citizens' abilities to exercise their religion as they see fit? Religious Freedom Restoration Act -In which of the following cases would speech be protected under the First Amendment? burning the American flag -Why did colonists value local militias? They could keep order and protect liberty without having the need to maintain a standing army. -How did the U.S. Supreme Court interpret the Second Amendment in District of Columbia v. Heller? It ruled that the Second Amendment protected an individual's right to own a gun for personal use in Washington D.C. -Which of the following searches is prohibited without a warrant? attaching a GPS tracking device to a vehicle -What does the double jeopardy clause do? prevents a suspect from being tried twice for the same crime in the same jurisdiction -What case established the right of individuals accused of a felony to have access to an attorney? Gideon v. Wainwright -Which abortion restrictions are generally permissible? those that do not pose an undue burden on pregnant women -Which of the following was the central holding in Lawrence v. Texas? declared unconstitutional a law banning sodomy -Which of the following best summarizes the USA PATRIOT Act? It restricts civil liberties in an effort to promote security. -Which of the following is a harsh interrogation technique used by the U.S. government against suspected terrorists during the George W. Bush presidency and was the source of considerable controversy? waterboarding
CHAPTER 3 Q&A
-Which of the following is the system of government adopted under the Constitution? federal -Which of the following is a document used to establish a local government? charter -If you were living in a country with a unitary system of government, which government(s) would be strongest? the national government -Which of the following was the first system of government of the United States? confederation -Which form of government is best defined as a few people ruling in their own interest over constituents? Oligarchy -Article I, Section 8 of the Constitution gives Congress the power to "punish Piracies and Felonies committed on the high Seas." What sort of power is the authority to punish pirates? enumerated -Why is it that the states establish criminal laws? These powers are reserved to the states. -Which is an example of a concurrent power? taxing -Which of the following is the clause of the Constitution that requires states to honor contracts from another state? full faith and credit -In the United States, which form of government is the most numerous? special district -Which case addressed the issue of whether the due process clause of the Fifth Amendment applied to actions of the states? Barron v. Baltimore -In McCulloch v. Maryland, the Marshall Court decided that the federal government could create a national bank based on the Constitution's _______________ clause. supremacy -Which of the following was the first major Supreme Court decision to define the relationship between national and state governments? McCulloch v. Maryland -Which of the following is defined by separate and equally powerful state and national governments? dual federalism -One of the effects of the Sixteenth and Seventeenth Amendments was _______________. the expansion of the power of the federal government -Which do state governments tend to prefer? block grants -One of the goals of President Ronald Reagan's New Federalism was to _____. return power to the states -A federal grant that would give states money for a new housing project, but that would require the states to make at least 50 percent of the housing available to low- income families, would be considered a(n) _____. categorical grant -Which political institution acts as the umpire of the federal system? the Supreme Court -Which of the following best describes the Rehnquist Court's decisions on federalism? The Court largely favored state power. -Which of the following is one of Congress's implied powers? creating a national bank -Which of the following is an example of a power reserved to the national government? coining money -Hypothetically, if Congress passed and the president signed a new law making the actions of Hillary Clinton, in regard to her home email server, illegal, such a law would be unconstitutional because it was an ex post facto law. -Which of the following enhances the power of the states? Barron v. Baltimore -Which term describes the process that occurs when a state declares a federal law void? nullification -The New Deal marked the end of _____ and the beginning of _____. dual federalism; cooperative federalism -South Carolina's decision in the 1830s that a federal tariff would not apply in its state exemplifies _____. the doctrine of nullification -Out-of-state residents have equal access to police protection as do in-state residents under the _____ clause. privileges and immunities -According to Dillon's Rule, your local municipal government must be authorized by which of the following? the state government -Which of the following was Franklin D. Roosevelt's program of relief, recovery, and reform during the Great Depression? new deal -In his Court-packing plan, President Franklin D. Roosevelt proposed to __________. expand the number of Supreme Court justices by adding justices who would be friendly toward his policies -What best describes the difference between dual federalism and Franklin D. Roosevelt's New Deal government? The national government had more power under the New deal than under dual federalism. -Which of the following is true of the Roberts Court? It was initially reluctant to address high-profile federalism issues. -What type of federalism views the relationship between federal and state governments as one that is both coercive and cooperative? progressive federalism -During Barack Obama's first term, he subscribed to a system in which policy matters are decided at the federal level when a consensus on federal standards can be reached, but are otherwise deferred to _____. the states
CHAPTER 1 Q&A
-Why did the earliest European settlers come to Virginia? for economic gain -Which was founded as a Catholic colony? Maryland -Which of the following accurately describes the indigenous peoples who lived in the United States prior to the arrival of the first colonists? They had varied political systems. -Which of the following best describes Pennsylvania settlers? a diverse lot of persecuted Europeans -Which of the following is the source of power in the American system? the people -Which document entitles people in the United States to a trial by jury? the Bill of Rights -Which of the following is an example of how the government ensures domestic tranquility? police departments -Which of the following is an example of how the government promotes the general welfare? health care -What is the relationship between a democracy and a republic?- A republic is a type of democracy that relies on elected representatives. -What is the fastest growing racial or ethnic group in the United States? Asian Americans -Which of the following is true about the views much of the South holds about government in the United States? Power should be returned to the states. -Early colonial settlers mostly considered themselves to be ______. Christian -Where is the Republican Party most likely to have support? Rural areas -Since World War II, the size of American families has declined considerably. The major factors to explain this decline are? ageing American population and declining marriage rates -Which is often defined as the study of who gets what, when, and how? politics -Which of the following is the ideal of a happy and successful life? the American dream -Why do many Americans fail to credit the government for things it does well? Many Americans lack faith in U.S. political institutions. -Which best describes government in the first 150 years of the history of the U.S.? Federal government's responsibilities were small; states' government responsibilities were powerful. -Which of the following best describes the U.S. political system as envisioned by the Framers? republic -What is the second most common ethnic or racial group in the United States? Hispanics -Which of the following policies are younger voters more likely to support than older voters? new schools -Which of the following is true about American families today as compared to the 1950s? Americans are having fewer children. -Which of the following is true about how the national government has changed over the course of our nation's history? It has taken on more responsibilities. -Which of these factors contributes to citizens feeling far removed from the national government and their elected representatives? population growth -How have changes in the composition of the family affected American government? They have changed the kinds of demands people place on their government. -Which of the following is a negative consequence of Americans' lack of faith in their political institutions? Americans blame the government for society's woes. -Why were many Americans uncomfortable with the term "democracy" when the Constitution was being written? It conjured up images of mob rule. -How did the Puritans' settlement in Massachusetts differ from those of the previous colonists? The Puritans viewed their settlement as an example of righteousness dictated by religious principles. -According to the textbook, which of the following is a key function of government as set forth by the Framers in the Constitution? promoting the general welfare -Which best describes the way that freedom and personal liberty has changed since the founding of the United States? The concept of freedom is now a freedom to rather than a freedom from. -Why are American families smaller today than they were at the founding? the advent of birth control and a decline in the need to have children to work for the survival of the family -William Penn launched the so-called "holy experiment." It emphasized _____. attracting persecuted Europeans, including German -Mennonites and Lutherans and French Huguenots -In order to establish justice in the newly formed country, the Constitution authorizes Congress to _____. establish a court system authorized to dispense justice based on the rule of law
Understand civil rights actions during Reconstruction and the rollback of civil rights after Reconstruction
1. This act prohibited racial discrimination in juries, forms of transportation, and public accommodations. Schools were not included because many felt it would be ruled as unconstitutional. 2. This act was overturned in 1883 because the Supreme Court ruled that, except for juries, Congress had no authority to legislate against discrimination by individuals, but had the authority to legislate only against discrimination by states. As Reconstruction continued, the Supreme Court cases came to demonstrate declines of reconstruction efforts. As time went on, states gained more authority while the federal government turned a blind eye to violations of black civil rights until the 1960s.
Describe civil rights during the Reconstruction Era. What actions were taken to advance civil rights during this period?
1. This act prohibited racial discrimination in juries, forms of transportation, and public accommodations. Schools were not included because many felt it would be ruled as unconstitutional. 2. This act was overturned in 1883 because the Supreme Court ruled that, except for juries, Congress had no authority to legislate against discrimination by individuals, but had the authority to legislate only against discrimination by states. As Reconstruction continued, the Supreme Court cases came to demonstrate declines of reconstruction efforts. As time went on, states gained more authority while the federal government turned a blind eye to violations of black civil rights until the 1960s.
What were the major problems with the Articles? (economic, foreign relations, domestic turmoil)
1.Limited Central Government -Most/all power is held in the state 2. One branch of government -Legislative Branch had few powers - No executive branch -No judicial branch 3. No checks and balances -There was no one to hold the states accountable 4. Money -Inflation -printing more money than you have -each state had their own money -depression 5. Foreign powers -Britain🇬🇧 🇬🇧Closed many ports to American Ships 🇬🇧They forced America to pay high tariffs -Spain🇪🇸 🇪🇸Closed the lower Mississippi to shipping 🇪🇸Congress couldn't fix this problem because they didn't have majority vote(9/13 people)
Understand the Reconstruction Era Constitutional Amendments (13th-15th)
13th-Abolition of slavery: Slavery is not allowed in any state or territory under the government of the U.S.A. 14th-Civil Rights in the States; All persons born or naturalized in the United States are subject to its laws and cannot be denied any of the rights and privileges contained in the Constitution. 15th-Black suffrage: Citizens cannot be denied their right to vote because of their race or color or because they were once slaves. Together, the Thirteenth, Fourteenth and Fifteenth Amendments to the U.S. Constitution are referred to as the Reconstruction Amendments. They address slavery, citizenship and voting rights. The Radical Republicans didn't always have the purest motives, they didn't always use the most democratic methods of achieving their goals and America is still not always perfectly equal. But history has proven that the controversial Reconstruction Amendments, which were designed to guarantee the rights of freed slaves, have helped to create one of the most free, most democratic societies in the world today.
Understand women's rights movement's focus on suffrage and victory with ratification of 19thamendment in 1920
19th Amendment granted women the right to vote Women's suffrage in the United States was achieved gradually, at state and local levels during the late 19th century and early 20th century, culminating in 1920 with the passage of the Nineteenth Amendment to the United States Constitution, which provided: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."On June 1848, the Liberty Party, composed entirely of men, made women's suffrage a plank in their presidential campaign. The next month, the Seneca Falls Convention issued the first formal demand authored by US women for suffrage. During the 1850s the National Woman's Rights Conventions and Lucy Stone organized women's suffrage petitions campaigns in several states, and Stone became the first person to appeal for woman suffrage before a body of lawmakers when she addressed the Massachusetts Constitutional Convention in 1853.[2] Agitation was suspended during the Civil War but resumed in 1865 when the National Woman's Rights Committee issued a petition asking Congress to amend the United States Constitution to prohibit states from disfranchising citizens "on the ground of sex."[3] Disagreement among movement leaders over whether to support ratification of the Fifteenth Amendment to the United States Constitution, which gave the vote to black men but not to women, resulted in the formation of two rival organizations: the National Woman Suffrage Association (NWSA), founded by Susan B. Anthony and Elizabeth Cady Stanton, and the American Woman Suffrage Association (AWSA), founded by Lucy Stone and Julia Ward Howe. Both organizations initially campaigned for a Sixteenth Amendment to give women the vote, but the AWSA gradually turned to building support for the federal measure by winning the right of women to vote at the state and local levels. In 1889 the groups merged into the National American Woman Suffrage Association, which, after 1900, argued for reforms of the Progressive Era. Women's contributions to American participation in the First World War (1917-18) contributed to the passage of the nineteenth amendment in 1920. The Union victory in the Civil War and the contested reconstruction.
Describe the different "eras" of federalism. How has the dynamic between the federal government and the states changed over time? What brought about this change? What metaphors are used to describe the different eras?
4 historical eras of federalism 1. Dual federalism: 1789-1930s-Said separate powers worked best. Functions of state and national government were separate. 2. Cooperative federalism: 1930-1960 Required cooperation from all levels of government. FDR. State and national shared functional responsibility. 3. New federalism: 1981-Ronald Reagan proposed the federal-state relationship. Reflected the return of administrative power to states. 4. Creative federalism: 1960-1980 Lyndon Johnson great society sought to expand the national governments role. Channeled federal funds to local governments and citizens. Modern federalism is better represented by a picket fence metaphor, as the lines of authority and patterns of cooperation are not as messy as those implied by the "marble cake." Picket fence federalism is a more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government. Cooperative federalism is most likely to emerge within policy areas rather than across them.
What protections are contained in the 4ththrough the 8thAmendments to provide for the fair administration of justice?
4th- protects people from unreasonable searches by the national government, and through incorporation, state governments 5th- imposes restrictions on the federal gov with respect to rights of persons who committed a crime. Provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty or property without the due process of law. Prevents national gov from taking property without just compensation 6th-basic requirements of procedural due process to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witness, and the right to counsel 7th-The 7th Amendment protects trial by jury for the third time in the constitution, but this time for civil cases and also limits the judge's power to overturn a jury's factual decision, otherwise the jury would essentially be nullified. TRIAL BY JURY ONLY APPLIES TO CIVIL CASES IN THE FEDERAL COURT SYSTEM, NOT THE STATES! 8th- excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Why did the Framers choose to create a federal system?
A federal system was adopted because colonists rejected a system with a strong ruler such as the British Monarchy, when they declared their independence. The Framers designed this system, wherein the national and state governments share power and derive all authority from the people, to remedy many of the problems experienced under the Articles of Confederation. Under the Articles, the national government derived all of its powers from the states, similar to the Iroquois Confederacy, where the central government derived its powers from individual Indian nations. This arrangement led to a weak national government often unable to respond to even localized crises, such as Shays's Rebellion.
Discuss the debate over representation and the states at the Constitutional Convention. What was the New Jersey Plan? What was the Virginia Plan? What was the compromise that was ultimately reached?
After a lengthy debate, the delegates made a bold move. They agreed to throw out the Articles of Confederation and write a new constitution. The Virginia Plan: Drafted by James Madison and proposed by Edmund Randolph, the Virginia Plan called for a strong national government with three branches, or parts. A legislative branch would make laws. An executive branch would carry out, or execute, the laws. A judicial branch, or system of courts, would apply and interpret the laws. Under the Virginia Plan, Congress was to be made up of two houses, the House of Representatives and the Senate. The number of lawmakers that a state could send to Congress depended on the state's population. The New Jersey Plan: Not surprisingly, delegates from the small states disliked the Virginia Plan. Just as the convention was about to vote on it, William Paterson of New Jersey introduced a rival proposal. Like the Virginia Plan, the New Jersey Plan called for a government with three branches. However, the legislative branch would have just one house, not two. Each state would have an equal vote in Congress, no matter how big or small. This plan, Paterson argued, would keep the small states from being "swallowed up" by their more populous neighbors. Tempers Rise: The debate over representation in Congress continued into July, with tempers rising day by day. A Compromise Is Reached: Finally, a compromise was proposed based on a plan put forward earlier by Roger Sherman of Connecticut. The compromise plan kept a two-house Congress. The first house, the House of Representatives, would represent the people. In this house, the number of representatives from each state would be based on the state's population. The second house, the Senate, would represent the states. Each state would have two senators, to be elected by their state legislatures. The vote was very close, but the compromise plan was approved. This plan saved the convention and became known as the Great Compromise.
Aging - how might an aging population impact U.S. government and politics?
An aging America also imposes a great financial burden on working Americans, whose proportion in the population is rapidly declining. These changes could potentially pit younger people against older people and result in dramatic cuts in benefits to the elderly and increased taxes for younger workers.
Why was the Bill of Rights adopted?
Anti-Federalists and many others were confident they could control the actions of their own state legislators, but they did not trust the national government to protect civil liberties.
Who were the Antifederalists and why did they oppose ratification?
Anti-federalists were those who favored strong state governments and a weak national government; opposed ratification of the US Constitution. They were small farmers, shopkeepers and laborers. They believed in the decency of the "common man" and in participatory democracy; viewed elites as corrupt; sought greater protection of individual rights.Wanted stronger state governments (closer to the people) at the expense of the powers of the national government; sought smaller electoral districts, frequent elections, referen-dum and recall, and a large unicameral legislature to provide for greater class and occupational representation
Understand formal amendment requires 2/3 vote in each chamber of Congress and the agreement of ¾ of the states
Article 5 Amendment Process PROPOSAL The constitutional amendment can be proposed in one of two ways 1. By 2/3 of the members of both the House and Senate 2. At a convention called by 2/3 of the States (never used) Article 5 Amendment Process RATIFICATION After an Amendment is proposed, it must be ratified. This to can be done in one or two ways 1. By 3/4 of the State legislature 2. by 3/4 ratifying conventions in the states (only used once)
Government taking on more responsibility-
As the nation and its economy grew in size and complexity, the federal government took on more responsibilities, such as regulating some businesses, providing poverty relief, and inspecting food. With these new roles come greater demands on government, although many citizens often do not realize how much they depend on government programs, be it income tax deductions for home mortgages, subsidies for the high costs of heating (in northern states) or cooling (in southern states), or grants that support highly popular programming such as Sesame Street (prior to 2017) or the arts.
Regional growth and expansion - how do population shifts within U.S. impact politics (seats in House of Representatives - from "Rust Belt" to "Sun Belt")
As we know from modern political polling, the South continues to lag behind the rest of the nation in supporting civil rights, while still favoring return of power to the states and downsizing the national government. Democratic candidates have carried almost every large city in America; Republicans have carried most rural voters as well as most of America's heartland.
Understand separation of powers and checks and balances
Checks and balances- A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others. Separation of powers- A way of dividing the power of government among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensured by the Constitution.
Understand National Firearms Act and U.S. v. Milleras 1sttest of Congress' ability to regulate firearms
Congress passed the national firearms act as a result of the explosion of organized crime after the 18thamendment prohibited the sale of alcohol. The act imposed taxes on automatic weapons and sawed-off shotguns. In U.S. v. Miller (1939), a unanimous Court upheld the constitutionality of the act, stating that the Second Amendment was intended only to protect a citizen's right to own ordinary militia weapons, which did not include sawed-off shotguns.
What is the difference between democracy and a republic?
Democracy- system of government that gives power to the people, whether directly or through elected representatives Republic- a government rooted in the consent of the governed; a representative or indirect democracy
What was dual federalism? When did it end and why?
Dual Federalism: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Layer Cake Federalism:used to describe dual federalism because the powers and policy assignments of the layers of government are distinct (as in a layer cake), and proponents of dual federalism believe that the powers of the national government should be interpreted narrowly. WHEN AND WHY DID IT END?????????????
Early colonial settlers - who were they, why did they come, what diverse perspectives did they bring?
Early colonial settlers were wealthy English-men and other Europeans. They came to enhance their fortunes, find opportunities for riches and for commerce. What perspectives did they bring?
Understand basics of Enlightenment Philosophers (Locke, Rousseau) and how they impacted Framers' political ideas
Enlightenment theorist Jean-Jacques Rousseau and the English philosopher John Locke. Locke's (as well as Rousseau's) theory of natural liberty and equality and his advocacy of social contract theory, which holds that governments exist based on the consent of the governed, heavily influenced Jefferson who was credited with primary authorship of the Declaration. According to Locke, people agree to set up a government largely for the protection of property rights, to preserve life and liberty, and to establish justice. Furthermore, argued Locke, individuals who give their consent to be governed have the right to resist or remove rulers who deviate from those purposes. Such a government exists for the good of its subjects and not for the benefit of those who govern. Thus, rebellion is the ultimate sanction against a government that violates the rights of its citizens.
Describe how government today attempts to carry out the functions listed in the Preamble of the Constitution. Briefly describe one government activity or program that corresponds with each function.
Establishing justice-the creation of a system of laws allowing individuals to abide by a common set of principles. Ex: laws Ensuring domestic tranquility-In crises, the federal government, as well as state and local governments, can take extraordinary measures to contain the threat of terrorism from abroad as well as within the United States. Governments also maintain many agencies designed to ensure our safety. Ex: police force, national guard Providing for the common defense-The Framers recognized that a major purpose of government is to provide defense for its citizens against threats of foreign aggression. Thus, the Constitution calls for the president to be commander in chief of the armed forces, and Congress has the authority to raise an army. The defense budget continues to be a considerable and often controversial proportion of all federal outlays. Ex: president and congress can initiate war Promoting the general welfare-Over time, though, our notions of what governments should do have expanded along with governmental size to include Social Security, federal interstate highways, and funding for local public schools. Ex: listed above Securing the blessings of liberty-People can act as they wish so long as their actions don't infringe on the rights of others. Ex: petition
From the Preamble: Establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, securing the blessings of liberty. Can you describe these functions in modern context? Provide example of a government activity that addresses each function
Establishing justice-the creation of a system of laws allowing individuals to abide by a common set of principles. Ex: laws Ensuring domestic tranquility-In crises, the federal government, as well as state and local governments, can take extraordinary measures to contain the threat of terrorism from abroad as well as within the United States. Governments also maintain many agencies designed to ensure our safety. Ex: police force, national guard Providing for the common defense-The Framers recognized that a major purpose of government is to provide defense for its citizens against threats of foreign aggression. Thus, the Constitution calls for the president to be commander in chief of the armed forces, and Congress has the authority to raise an army. The defense budget continues to be a considerable and often controversial proportion of all federal outlays. Ex: president and congress can initiate war Promoting the general welfare-Over time, though, our notions of what governments should do have expanded along with governmental size to include Social Security, federal interstate highways, and funding for local public schools. Ex: listed above Securing the blessings of liberty-People can act as they wish so long as their actions don't infringe on the rights of others. Ex: petition
How is federalism different from a unitary system or a confederation?
Federal system- national gov and state gov share power and derive authority from the people Unitary system- local and regional gov derive all authority from a strong national gov Confederation- when a group of people or nations form an alliance allowing each member to govern itself but agreeing to work together for common causes
Who were the Federalists and why did they support ratification?
Federalists were those who favored a strong national government and supported the proposed US constitution; later became the first US political party. They were property owners, landed rich merchants of northeast and middle-Atlantic. They were elitists; saw themselves and those of their class as most fit to govern (others needed to be governed). Powerful central government; two-house legislature; upper house (six-year term) further removed from the people, whom they distrusted
Understand the free exercise of religion. When can government limit religious practice? What was the intent of the Religious Freedom Restoration Act (RFRA)?
Free Exercise Clause: Congress may not stop you from holding any religious beliefs you choose or having no religious beliefs at all. Government may not unfairly or unreasonably limit your right to practice any religios beliefs you wish The government can limit religious practices if they are contrary to public morals, endanger health, or harm the common good RFRA: Prevents laws substantially burdening a person's free exercise to religion if "generally acceptable" Boerne v. Flores: Congress had exceeded its power in the Religious Freedom Restoration Act by attempting to impose restrictions on local zoning, health, and other regulations in order to prevent perceived threats to religious freedom
Understand some of the key events leading up to Revolution - French and Indian War, Sugar Act, Stamp Act, First and Second Continental Congresses, Declaration of Independence.
French and Indian War-The American phase of what was called the Seven Years War, fought from 1754 to 1763 between Britain and France with Indian allies. Sugar Act- To raise money to pay for the war as well as the expenses of administering the colonies, Parliament enacted the Sugar Act in 1764. This act placed taxes on sugar, wine, coffee, and other products commonly exported to the colonies. A postwar colonial depression heightened resentment of the tax. First Continental Congress- Meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty-six delegates (from every colony except Georgia) adopted a resolution in opposition to the Coercive Acts. Second Continental Congress-Meeting that convened in Philadelphia on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief. Declaration of Independence-Document drafted largely by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain.
Understand milestones in struggle for equal rights for Hispanics, Native Americans, Asian Americans, LGBT community, and Americans with disabilities
Gays and lesbians must contend with homophobia, an often violent fear and hatred of homosexuals 1969 police raid on New York City's Stonewall Inn, a popular gay and lesbian bar, sparked U.S. gay rights movement Today, 12 states and more than 200 cities have statutes protecting gays and lesbians from discrimination Since 1990s, several states have passed laws granting homosexual couples many of the same rights as married heterosexual couples 1996 Defense of Marriage Act prohibits federal recognition of gay and lesbian couples and allows state governments to ignore same-sex marriages performed in other states Several states have recently passed ballot initiatives banning same-sex marriages Other minority groups such as Native Americans, Hispanic Americans, Asian Americans, disabled Americans, American seniors, and gay and lesbian Americans have used the civil rights tactics of litigation and social protest employed by African Americans as a template for their own struggles for equality.
Understand the importance of federal grants-in-aid for achieving federal policy goals
Grants-in-aid: money given by the national government to the states EX: Categorical and Block grants -Examples: agriculture, arts, disaster prevention, relief, housing, health,transportation, natural resources &information/statistics CATEGORICAL: federal grants for specific purposes such as building an airport Examples: construction of new schools or highway construction or repair interstate highway bridges BLOCK: General grants given to states that can be used for a variety of projects or programs in a broad policy area -State has broad discretion as to how money is spent Examples: community development block grant 1974, Social services block grant , Temporary assistance to needy families
Understand importance of Griswold and Roe for women's reproductive rights
Griswold. v. Connecticut: the right to privacy The case involved a Connecticut statute that prohibits any person from using "any drug, medicinal article or instrument for the purpose of preventing conception." Roe v. Wade: Abortion as privacy rights Under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health. Roe v. Wade reshaped national politics, dividing much of the United States into pro-choice and pro-life camps, while activating grassroots movements on both sides.
What time period were the Articles in effect?
Historians refer to the chaotic period from 1781 to 1789, when the former colonies were governed under the Articles, as the Critical Period.
What provisions in the Constitution led the Court to declare a right to privacy?
In Griswold v. Connecticut (1965) the Supreme Court discussed the constitutional right to privacy that is inferred from various provisions in the Bill of Rights.
Lemon v. Kurtzman (1971)
In Lemon v. Kurtzman, the Supreme Court of the United States found that the passing of any state laws that establish a religious body is a direct violation of the United States Constitution. Therefore, in Lemon v. Kurtzman, the Supreme Court of the United States ruled in favor of Alton Lemon.
When can speech be regulated/restrained?
In constitutional law, a restriction on the exercise of free speech based upon the subject matter or type of speech. Such a restraint is permissible only if it is based on a compelling state interest and is so narrowly worded that it achieves only that purpose. For example, a statute cannot ban all public demonstrations, peaceful or otherwise, on the subject of gun control while allowing demonstrations concerning other topics of controversy. However, a statute can ban all inflammatory speeches, regardless of the topic, that might incite imminent violence
Understand Selective Incorporation Doctrine (via 14th Amendment) for applying Bill of Rights to the states
Interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments must also guarantee the rights stated in the Bill of Rights.
Influence of Native Americans on colonists - how did the Iroquois Confederacy influence colonial thinking?
Iroquois Confederacy: -league of 6 tribes (at war with one another) -great law of peace (constitution rules out rules) -New World example of federal gov. Native Americans and Iroquois: -Diplomatic relations between Iroquois and British colonies -Ben Franklin used Iroquois as an example to promote union against colonist -Boston Tea Party leaders dressed as Mohawks Iroquois and American Gov -Senate affirms contribution of Iroquois to formation of American Gov.
What was the Iroquois Confederacy and how did it relate to American government?
Iroquois Confederacy: -league of 6 tribes (at war with one another) -great law of peace (constitution rules out rules) -New World example of federal gov. Native Americans and Iroquois: -Diplomatic relations between Iroquois and British colonies -Ben Franklin used Iroquois as an example to promote union against colonist -Boston Tea Party leaders dressed as Mohawks Iroquois and American Gov -Senate affirms contribution of Iroquois to formation of American Gov.
How was the issue of slavery addressed at the Constitutional Convention?
It was outlawed in the earliest versions of the Constitution. The issue of slavery was a point of contention even before our present government was formed. Most of the northeast states had already abolished slavery with others moving towards that. Every colony of the original 13 had slavery in their earliest days. Northern leadership recognized that our country would never be formed if making slavery illegal was a part of the Constitution and so they relented. They realized that a strong federal government had to be created first. A curious notion was placed, and still exists, in the Constitution relative to slaves. The Constitution requires a census be taken every tenth year and that slaves and Indians be counted as three fifths a person each.
Describe the Lemon Test. What provision of the Bill of Rights does it pertain to? What criteria did it create to guide the Supreme Court's decision making? How did the Court rule in this particular case?
Lemon test- three-part test created by the supreme court for examining the constitutionality of religious establishment issues The lemon test is used to see if a law violates the 1st amendment. According to the Lemon test, a practice or policy is constitutional under the establishment clause if it: -has a legitimate secular purpose; -neither advances nor inhibits religion; and, -does not foster an excessive government entanglement with religion. In Lemon v. Kurtzman, the Supreme Court of the United States found that the passing of any state laws that establish a religious body is a direct violation of the United States Constitution. Therefore, in Lemon v. Kurtzman, the Supreme Court of the United States ruled in favor of Alton Lemon.
Understand libel as the primary limit on the press
Libel is a false written statement that defames the character of a person.
Size of government - how has it changed, how does U.S. gov't size compare to other countries, what does federal government spend money on?
Most Say Government is to Big Changing: Importance of Great Depression and WWII helped grow the government Other countries: public sending (government programs) 21% other counties and 19% USC Federal Government Spending: Social Security, Health and Defense/Homeland Security make up about 70% of government spending.
One of the issues over which delegates to the Constitutional Convention disagreed was slavery. What compromises did they reach on this issue? Describe the provisions of the Constitution that related to slavery.
Once it was decided that representation in the House of Representatives was to be based on population, delegates from Northern and Southern states saw another issue arise: how slaves should be counted. Delegates from Northern states, where the economy did not rely heavily on slavery, felt that slaves should not be counted toward representation because counting them would provide the South with a greater number of representatives. Southern states fought for slaves to be counted in terms of representation. The compromise between the two became known as the three-fifths compromise because every five slaves would be counted as three individuals in terms of representation.The Constitution that the delegates proposed included several provisions that explicity recognized and protected slavery. Without these provisions, southern delegates would not support the new Constitution--and without the southern states on board, the Constitution had no chance of being ratified. Provisions allowed southern states to count slaves as 3/5 persons for purposes of apportionment in Congress (even though the slaves could not, of course, vote), expressly denied to Congress the power to prohibit importation of new slaves until 1808, and prevented free states from enacting laws protecting fugitive slaves.
Understand Title IX
Provision of the Education Amendments of 1972 that bars educational institutions that receive federal funds from discriminating against female students.
Roe v. Wade (1973)
The Supreme Court found that a woman' s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.
Understand Griswold v. Connecticut and Roe v. Wade as landmark decisions establishing right to privacy
Roe v. Wade was a landmark 1973 Supreme Court decision that established a woman's legal right to an abortion. The Court ruled, in a 7-2 decision, that a woman's right to choose an abortion was protected by the privacy rights guaranteed by the Fourteenth Amendment to the U.S. Constitution. In Griswold v. Connecticut (1965), the Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy. The case concerned a Connecticut law that criminalized the encouragement or use of birth control.
Understand standards of review - strict scrutiny, intermediate standard, and rational basis
Strict Scrutiny: the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals Intermediate Standard:standard of review used by the Court to evaluate laws that make a quasi suspect classification Rational Basis: a test the Supreme Court developed to determine if a law is discriminatory, which is applied to laws dealing with age, disability, income, and similar categories
Plessy v. Ferguson (1896)
Supreme Court case that challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites; the Court found that separate-but-equal accommodations did not violate the equal protection clause of the Fourteenth Amendment.
Understand the debate over establishment of religion; the importance of the Lemon test (Lemon v. Kurtzman) for guiding the Court's decision making on establishment cases
Supreme Court established the Lemon test for deciding whether a law or other government action that might promote a particular religious practice should be allowed to stand It established that if a law doesn't have a secular purpose, inhibits or advances religion, or results in excessive government entanglement with religion, then it violates the establishment clause and is unconstitutional. "1st amendment, establishment clause": It establishes how to determine whether laws violate the establishment clause.
Barron v. Baltimore (1833)
Supreme Court ruling that, before the Civil War, limited the applicability of the Bill of Rights to the federal government and not to the states.
Population growth - how does it impact representation in American government?
The Constitution mandated that the number of members of the House of Representatives should not exceed one for every 30,000 people and set the size of the first House at sixty-five members. As a result of this population growth, most people today feel far removed from the national government and their elected representatives
Why did the Framers include the Second Amendment?
The Framers added the Second Amendment to the Constitution to ensure that Congress could not pass laws to disarm state militias.
Understand Plessy v. Ferguson and NAACP's strategy to overturn it through test cases
The Supreme Court decision that overturned Plessy (1896) in 1954 was called Brown v. Board of Education of Topeka, Kansas. In response to the poor treatment of blacks following the Civil War, a number of people decided to form a group called the National Association for the Advancement of Colored People (NAACP) in 1909. The NAACP Legal Defense Fund created a carefully crafted strategy of test cases beginning with graduate and professional education believing that desegregating these would be less threatening to whites.
Griswold v. Connecticut (1965)
The Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy. The case concerned a Connecticut law that criminalized the encouragement or use of birth control. Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives
Describe McCulloch v. Maryland. What were the basic facts of the case? How did the Supreme Court rule? What precedents were established by this case?
The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers. Court ruled that congress had the power to create the bank.The case established two important principles in constitutional law. Firstly, the Constitution grants to Congress implied powers to implement the Constitution's express powers to create a functional national government. Secondly, state action may not impede valid constitutional exercises of power by the federal government.
Understand the purpose of the Seneca Falls Convention
The first major feminist meeting, held in New York State in 1848, which produced the historic "Declaration of Sentiments" calling for voting rights for women. All of the resolutions reflected the attendees' dissatisfaction with contemporary moral codes; divorce and criminal laws; and the limited opportunities for women in education, the church, medicine, law, and politics. Ironically, only the call for "woman suffrage"—a call to give women the right to vote—failed to win unanimous approval.
Understand that the Bill of Rights consists of the first 10 amendments to the Constitution
The first ten amendments were proposed by Congress in 1789, at their first session; and, having received the ratification of the legislatures of three-fourths of the several States, they became a part of the Constitution December 15, 1791, and are known as the Bill of Rights. Amendment 1 - Freedom of Religion, Speech, and the Press Amendment 2 - The Right to Bear Arms Amendment 3 - The Housing of Soldiers Amendment 4 - Protection from Unreasonable Searches and Seizures Amendment 5 - Protection of Rights to Life, Liberty, and Property Amendment 6 - Rights of Accused Persons in Criminal Cases Amendment 7 - Rights in Civil Cases Amendment 8 - Excessive Bail, Fines, and Punishments Forbidden Amendment 9 - Other Rights Kept by the People Amendment 10 - Undelegated Powers Kept by the States and the People
How was the issue of voting addressed at the Constitutional Convention?
The framers decided to leave the issue up to the states. People qualified to vote in state elections could also vote in national elections.
Gibbons v. Ogden (1824)
The supreme court upheld broad congressional power to regulate interstate commerce. The court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.
McCulloch v. Maryland (1819)
The supreme court upheld the power of the national government and denied the right of a state to tax the federal bank , using the constitution's supremacy clause. The court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.
What was the one concession the Antifederalists won during the ratification debate?
To support adoption of a bill of rights
Immigration and racial & ethnic diversification of the U.S. - understand the basic trends
Today, almost 15 percent of Americans can be classified as immigrants. The balance in America has changed dramatically over the past fifty years, with the proportion of Hispanics* overtaking African Americans as the second largest racial or ethnic group. The Asian American population, moreover, is now the fastest growing minority group in the United States. The majority of babies born in the United States are now members of a minority group
Americans losing confidence in institutions-
Today, many Americans lack faith in the country's institutions (see Figure 1.5). These concerns make it even easier for citizens to blame the government for all kinds of woes—personal as well as societal—or to fail to credit it for those things it does well. Many Americans, for example, enjoy a remarkably high standard of living, and much of it is due to governmental programs and protections.
Brown v. Board of Education (1954)
U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment's guarantee of equal protection of the law.
What was the nature of the debate over representation? Know the New Jersey Plan, the Virginia Plan and the Great (Connecticut) Compromise
Virginia Plan: proposed that a state's representation be based on the size of its population New Jersey Plan: plan that called for giving each state equal representation no matter the site Great Compromise: Called for a legislature with two houses- a house of representatives and a senate.
Religious beliefs - how is the religious composition of the U.S. population changing?
While many citizens view the United States as a Christian nation, a great number of religious groups—including Jews, Buddhists, Hindus, and Muslims—have established roots in this country. With this growth have come different political and social demands. For example, some American Jews continually work to ensure that America's policies in the Middle East favor Israel, while some Muslims demand more support for a Palestinian state.
Understand Civil Rights Act of 1964
Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.
Briefly detail the checks and balances contained in the Constitution. List one check that each branch has on each of the other two branches. Write a brief sentence describing each check (2 checks for each branch x 3 branches = 6 checks total).
allowed the Framers to minimize the threat of tyranny from any one branch. Thus, for almost every power granted to one branch, the Framers established an equal control in the other two branches. 1-judicial checks on legislative: rule federal and state law unconstitutional 2- judicial checks on executive: declare executive branch actions unconstitutional 3- Executive checks on judicial: appoint federal judges 4- Executive checks on legislative: veto legislation 5- Legislative check on judicial: impeach federal judges 6- Legislative check on executive: impeach the president
U.S. v. Miller (1939)
created the miller test to determine when sexually explicit expression was obscene and therefore beyond the protection of the first amendment.
Understand why and how Madison's Model attempted to limit majority power
creating a system of checks and balances, and limiting the control the majority factions held over the government. Madison created a model of government that effectively eliminated the threat of tyranny, and that model is still evident in the Constitution today. Madisonian model and the 18th century model of government are one and the same, with separation of powers and checks and balances. The Madisonian concept of "factions," is at the core of our Constitutional system. While the separation of power and the system of checks and balances eliminates the threat of tyranny, because the separate branches have the ability to check each other, political interests may get in the way, resulting in a political gridlock and a very slow legislative process.
Gitlow v. New York (1925)
extended the first amendment's protections of freedom of speech and of the press to the state governments
Understand D.C. v. Helleras landmark Supreme Court ruling establishing an individual right to gun ownership
in D.C. v. Heller (2008), the Court offered some clarification, ruling that the Second Amendment protected an individual's right to own a firearm for personal use in Washington, D.C.46 In light of the Court's ruling, the D.C. City Council adopted new gun control laws requiring gun registration and prohibiting assault weapons and large-capacity magazines. A U.S. District Court ruled that these laws were valid and within the scope of the Heller decision.
