Government: Units 1 & 2

Essential, core political purpose of the First Amendment is self-governance

enabling people to obtain information from diverse sources, make decisions, communicate decisions to the government.

First Amendment

protect Americans to worship as they please and protects freedom of press and speech: not unlimited, protects the rights of citizens to sign a petition. EXISTS TO PROTECT: ideas that may be unpopular or different from the majority

What does the constitution do?

protects individual rights, limits the government, provides structure of the government, provides checks and balances

Individual Rights

protects individuals from government overreach, first ten amendments are the Bill of Rights and list rights of Americans to worship/speak freely, to bear arms, etc. NOT UNLIMITED

Bill of Rights

purpose: to limit the power of federal government and protect individual rights

Pure Speech

refers to the verbal expression to an audience that has chosen to listen, protects not only spoken word but all forms of verbal and nonverbal communication, books, art, dance, film, photographs, telecommunications, etc.

Popular Sovereignty and Republicanism

rule by the people based on the consent of the governed, authority for gov flows from the people, elect representatives

Free Exercise Clause

says congress cannot prevent people from practicing their religion

Content Restrictions on speech

government can't typically restrict what is being said, but 1. obscenity: anything that treats sex/nudity in an offensive manner, violates standards of decency and lacks serious literary, artistic, political or scientific value 2. defamation: lie that damages reputation 3. fighting words: face to face, amount to immediate fighting 4. seditious speech: speech urging the overthrow of the government can be punished

Government looses its legitimacy when...

it no longer respects will of people AND BECOMES TYRANNICAL

subjectivism

knowledge is merely subjective and there is no objective truth

relativism

knowledge truth morality depends on culture, not absolute

What does Locke mean by property

life, liberty, estate

Defamation

speech that endangers the nation

Wolff- In defense of Anarchism

state is unjustified

Second Amendment

Insures nation and individuals with the right to security, intended to outlaw forceful disarmament

Amending Constitution

2 ways to propose: 1. 2/3 vote in House or 2. 2/3 of the states ask congress to call a convention to debate then vote on a proposed amendment (ALL 27 CURRENT AMENDMENTS USED 2) 2 ways to ratify: 1. the representatives in 3/4 of the state can ratify the amendment or 2. the states can hold special conventions and 3/4 of the conventions ratify the amendment (most amendments passed using STATE LEGISLATURE except for 21)

Articles

7 main sections (articles) divided into sections

Social Contract

A persons moral and or political obligations are dependent upon a contract or agreement among them to form the society in which they live.

Modern Political Thought

Begins with INDIVIDUAL not SOCIETY. ex: Locke, Hobbes, Rousseau

Checks and Balances

Congress can pass laws, but President can veto. Congress can also override a veto by a 2/3 majority. The Judicial branch checks the power of the other branches and is checked by Article 5

Limited Government

Constitution limits government by specifying the powers of government and saying what it is prohibited from doing

Third Amendment

Prohibits government from forcing people to provide shelter, result of Quartering Act

Article 4

Relationship of the states to one another

Natural Law

a body of unchanging moral principles regarded as abasis for all human conduct

Probate Cause

a reasonable basis to believe a person or premises is lined to a crime

anarchism

advocates self governed societies (stateless)

Article 5

explains how the constitution can be amended/changed

Article 7

explains ratification

Amendments

changes made to original document. 27 amendments since ratification

Symbolic Speech

conduct that expresses an idea- sit-ins, flag waving, demonstrations etc. Since it involves actions, the government can sometimes restrict it in ways that do not apply to pure speech

What makes legitimate government

consent of any number of freemen capable of a majority

Articles 1-3

create the 3 branches of the national government

Federalism

describe the structure of the American government, power is divided, local governments are under authority of state, all levels of government pass their own laws, have own agencies, officials, etc. FEDERALISM CREATES A UNION WHILE LIMITING CENTRAL POWER. National gov. acts on national level, state/local deal with local issues

Article 6

establishes the constitution as the "supreme law of the land"

eminent domain

the power to take private property for public use

autonomy

the quality of being self governing, moral independence

objective

truth that is the same for all people

absolutist

unlimited, centralized authority and absolute sovereignty, vested in a monarch or dictator

Aristotle (Classical Political Thought)

we all wanna be happy and government is there to do that for us. We are happy when we do the right thing, so habitation is when the government makes laws and tells you to do stuff in hopes that it'll make you become a type of person. Believed that people are basically dumb and government needs to be like a parent

Fourth Amendment

Limits the governments power to conduct searches and seizures by protecting the right to privacy, must have reason, evidence, based on probate cause

Principles of Constitution

1. Government will be limited, 2. power will be shared between national and state government, 3. within the government power will be shared among three branches that can keep one another in check, 4. protects individual rights and balances those rights with the pursuit of the good

Fifth Amendment

1. No one can be tried for a serious crime unless grand jury says there is enough evidence 2. A person found innocent can not be tried again for the same crime 3. No one can be forced to testify against him/herself and can refuse to answer questions that connect them to crime 4. no one can be deprived of life, liberty, or property without due process of the law

Extent of legislative powers

1. govern with laws that are consistent and known by the people 2. laws designed for the good of the people 3. no taxation w/o representation 4. only people in that position can make the laws

preamble

intro, explains why the constitution was written and the purpose of gornment

Establishment Clause

prohibits congress from establishing a national religion (separation of church and state)