POLS 101: Chapters 1-5 (ALL Terms & Notes)

Freedom of expression is seen where in 1st amendment?

"Congress shall make no law . . . abridging the freedoms of speech, or of the press"

Where is the freedom of religion seen in the 1st amendment?

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" - establishment clause - free exercise clause

All governments must have the power to do what three thing?

(1) legislate, or make the laws; (2) administer, or execute the laws (3) adjudicate, or interpret the laws.

The Democrats: Who do they need to appeal to?

- Although there have been major splits in the Democratic coalition in the past, their current divisions are minor, even after a presidential election season when a self-avowed democratic socialist challenged a more moderate liberal. - The Democrats have to satisfy the party's.. > Economic liberals: who are very procedural on most political and moral issues (barring affirmative action) but relatively substantive on economic concerns; >Social Liberals: substantive on both economic and social issues; > Middle-of-the-Road Democratic groups: that are fairly procedural on political and moral issues but not very substantive on economic matters at all. - Spatial difference in ideology does not differ as much as the Republicans, making it easier for their candidates to appeal to all, and to adapt easier to do so. EX: Obama adopting some of the movement's anti-Wall Street, anti-inequality rhetoric following the Occupy Movement in 2011.

What is the issue with turnout rates in America?

- American turnout rates (the percentages of people who go to the polls and vote on election days) are abysmally low compared to those of other Western industrialized democracies.

The House of Representatives: Context/Intentions

- Representation is based on population - was intended to be truly the representative of all the people, the "voice of the common man," as it were. - The founders intended this office to be accessible to and easily influenced by citizens and to reflect frequent changes in public opinion.

Article 1: Checks & Balances for Congress

- Sets up a bicameral legislature. Because both houses must agree on all legislation, each can check the other. - Article I also describes the presidential veto, with which the president can check Congress, and the override provision, by which two-thirds of Congress can check the president. - Congress can also use impeachment to check abuses of the executive or judicial branch.

What are some alternative systems to Federalism?

- Unitary - Confederal

The Freedom Caucus

- made up of tea party - conservatives who once in Congress were sympathetic to many of the Tea Party values.

What are the two views of Federalism?

1. Dual Federalism 2. Cooperative Federalism

Bicameral Legislature (definition)

A legislature with two chambers

What have states done in response to Roe v Wade ruling?

A number of state legislatures have focused on making abortions harder to obtain, or more emotionally difficult for women (for instance, by requiring them to view an ultrasound of the fetus)

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment - substantive due process

The Split From England: Context

Both England and America accepted as perfectly normal the relationships of colonial power that initially bound them together. Americans, as colonists, were obliged to make England their primary trading partner, and all goods they traded to other countries had to pass through Britain, where a tax was collected on them. The benefits of being a colony, however, including financial support by British corporations, military defense by the British army and navy, and a secure market for their agricultural products, usually outweighed any burdens of colonial obligation.

When was the imminent lawless action test created?

Brandonburg v. Ohio (1969)

Why was the theory of Dual Federalism criticized?

Criticized for not describing realistically the way the federal relationship was evolving in the twentieth century. It certainly did not take into account the changes brought about by the New Deal. - led to bakery metaphor/marble cake

What do critics say about the outgrowths brought from political correctness? (speech codes on college campuses, banning "offensive" speech)

Critics of speech codes, and of political correctness in general, argue that such practices unfairly repress free speech,which should flourish, of all places, on college campuses.

Who was in favor of ratifying the constitution?

Federalists

What needed to happen for the Constitution to officialy become the law of the land?

For the Constitution to become the law of the land, it had to go through the process of ratification

What is the biggest danger to a republic according to Madison? ( Fed. 10)

He explained that the greatest danger to a republic came from factions—what we might call interest groups.

What was significant about Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC?

It further hearted supporters of greater freedom for religious institutions - New York Times called perhaps "its most significant religious liberty decision in two decades."

What was the issue with the Virginia Plan?

Large states would have more representatives in both houses of the legislature, and national law and policy would be weighted heavily in their favor. - Just three large states, Virginia, Massachusetts, and Pennsylvania, would be able to form a majority and carry national legislation their way.

What has changed over time in regards to Federalism? Why?

Narratives that justify Federalism itself - Although the Constitution provides for both national and state powers (as well as some shared powers), the balance between the two and the narratives that justify it has changed considerably since it was written.

Is Violence a tool of politics?

No, however the THREAT of violence can be a tool in terms of gaining leverage in politics. - so employed violence is not a political tool

Why do some states find block grants attractive?

State politicians understandably want the maximum amount of freedom possible. - They want to control their own destinies, not just carry out political deals made in Washington, and they want to please the coalitions of interests and voters that put them in power in the states.

Federalists

Supporters of the Constitution who favored a strong central government.

McCleskey v. Kemp (1987)

Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the fourteenth amendment because minority defendants were more likely to receive the death penalty than were white defendants. - no racial bias in death penalty as said in Georgia case

Why was the Articles of Confederation weak?

The Articles established a "firm league of friendship" among the thirteen American states, but they did not empower a central government to act effectively on behalf of those states. - Without a strong central government they were unable to provide the economic and political stability that the founders wanted. - In every critical case, such as national security, national economic prosperity, and the general welfare, the U.S. government had to rely on the voluntary goodwill and cooperation of the state governments. - So, the success of the new nation depended on what went on in state legislatures around the country.

How does the Constitution establish the Separation of Powers?

The Constitution establishes separation of powers with articles setting up a different institution for each branch of government. - Article I, Article II, and Article III, - Checks and balances are provided by clauses within each of those articles * The Constitution wisely ensures that no branch of the government can act independently of the others, yet none is wholly dependent on the others, either.

Why do courts view the issue of Libel the way they do?

The Court's view is that when individuals put themselves into the public domain, the public's interest in the truth outweighs the protection of those individuals' privacy.

Politics in the English Colonies: Notes - Context behind the struggle for power in the new world before independance

- America was a battlefield—both political and military long before the war for independence from Britain was fought. - Not only did the English settlers have to struggle with brutal winters, harsh droughts, disease, and other unanticipated natural disasters, but they quickly came into conflict with the people who already inhabited the New World when they arrived—Native Americans and Spanish and French colonists. - Had initial help from Native Americans, cultural differences slowly made this relationship unpredictable. Some Indians engaged in political dealings with the Europeans, forming military partnerships, trade alliances, and other arrangements. Others were more hostile, particularly in the face of the European assumption that the New World was theirs to subdue and exploit. - Spanish were an obstacle to English domination Spanish explorers had laid claim to both eastern and western North America as well as key parts of Central and South America. However, Britain eventually edged Spain out of the colonial picture in eastern America.

Differentiating between politics and government in America.

- American politics is what happens in the halls of Congress, on the campaign trail, at Washington cocktail parties, and in neighborhood association meetings. It is the making of promises, deals, and laws. - American government is the Constitution and the institutions set up by the Constitution for the exercise of authority by the American people, over the American people.

Conservatives view on Social Order

- An emphasis on religion in public life (prayer in school, public posting of religious documents like the Ten Commandments) - A rejection of abortion and physician-assisted suicide - Promotion of traditional family values (including a rejection of gay marriage and other gay rights) - Emphasis on the "American Way" (favoring the melting pot narrative we mentioned earlier, rejecting the value of diversity for conformity and restricting immigration) - A hierarchical sense that people should know their place in society - Censorship of materials that promote alternative visions of the social order

Article I: Context

- Article I sets out the framework of the legislative branch of government. - the founders expected the legislature to be the most important part of the new government, they spent the most time specifying its composition, the qualifications for membership, its powers, and its limitations.n.

How does the Constitution limit State powers?

- Article I, Section 10, denies the states certain powers, mostly the kinds they possessed under the Articles of Confederation. - The Fourteenth Amendment limits the power of the states over individual liberties, essentially a Bill of Rights that protects individuals from state action, since the first ten amendments apply only to the national government.

What limits are placed on the Nation government in the Constitution?

- Article I, Section 9, lists specific powers not granted to Congress - The Bill of Rights (the first ten amendments to the Constitution) limits the power of the national government over individuals.

Article 2: Checks & Balances for President

- Article II empowers the president to execute the laws and to share some legislative functions by "recommending laws." - He has some checks on the judiciary through his power to appoint judges, but his appointment power is checked by the requirement that a majority of the Senate must confirm his choices. - The president can also check the judiciary by granting pardons. - The president is commander-in-chief of the armed forces, but his ability to exercise his authority is checked by the Article I provision that only Congress can declare war.

The Senate: Election

- Candidates have to be at least thirty years old and citizens for nine years - Because senatorial terms last for six years, senators are not so easily swayed by changes in public sentiment.

Examples of American Institutions?

- Congress - the presidency - the courts - the bureaucracy

Tea Party Movement

- Created after Barack Obama's election, a political movement that pushes a narrative surrounding ideas that are Pro-American, Anti-Cooperation, and Anti-Governemnt (except for programs like Social Security and Medicare, which benefit the Tea Partiers, who tended to be older Americans). - they succeeded in shaking up the Republican Party from 2010 onward, as they supported primary challenges to officeholders who did not share their anti-government views - The members of Congress elected by the Tea Party wave in 2010 enthusiastically committed to this no-compromise stance toward policymaking, demanding the fulfillment of their wish list and refusing to negotiate with the Democrats or President Obama to get things done. -eventually led to Trump becoming president from party split - fed by anger/emotion

What is the difference between the two conflicting narratives on the after effect of immigration?

The first vision sees the effect of immigration as something that should disappear, leaving only generic "Americans"; the other sees it as worthy of recognition and celebration.

Naturalization (Definition)

The legal process to obtain citizenship for someone who has not acquired it by birth.

Virginia Plan: Details

- Created by James Madison - proposed that the country would have a strong national government run by a bicameral (two-house) legislature. - One house would be elected directly by the people, one indirectly by a combination of the state legislatures and the popularly elected national house. But the numbers of representatives would be determined by the taxes paid by the residents of the state, which would reflect the free population in the state. - The Virginia Plan also called for a single executive, to see that the laws were carried out, and a national judiciary, both appointed by the legislature, and it gave the national government power to override state laws.

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person (right to counsel)

Why are categorical grants attractive to some states?

The states, like most governments, never have enough money to meet all their citizens' demands, so categorical grants can look very attractive, at least on the surface. - The grants can be refused, but that rarely happens. - In fact, state and local governments have become so dependent on federal grants that these subsidies now make up more than a quarter of all state and local spending.

When did the word slavery first appear in the Constitution?

The word slavery did not appear in the Constitution until it was expressly outlawed in the Thirteenth Amendment, passed in December 1865, nearly eighty years after the writing of the Constitution.

Jacobellis v. Ohio (1964)

Theatre owner was convicted of violating an Ohio law by showing an allegedly obscene French Film, Les Amants - Court overturned the conviction and ruled that the film was not obscene - Court said that the Constitution requires national standards on obscenity - Justice Potter Stewart could only conclude, "I know it when I see it." - "The federal Constitution would not permit the concept of obscenity to have a varying meaning from county to county or town to town - This standard was ultimately overturned

What conflict of rights is created when people can download entertainment (books, movies, music) through the Internet?

This conflict is between authors and creators, and even the manufacturers of medication - they claim a copyright to their works, and the public, who wants to access those works, frequently without paying full fare for their use.

What is the difference between the Americas Presidential system and Parliamentary systems in regard to how they remove the Executive? - What is the consequence of Parliamentary systems executive here?

This process is very different from the American provision for impeachment of the president for criminal activity. - Parliaments can remove executives for reasons of political or ideological disagreement. Although there may be political disagreement over the grounds for impeachment in the American case, as there was in the impeachment of President Bill Clinton, there must be at least an allegation of criminal activity, which need not exist for removal in a parliamentary system. - Consequently, the executive in a parliamentary system is dependent on the legislature and cannot provide any effective check if the legislature abuses its power.

Whom to Admit as a Political Decision

- Deciding whom to admit is a political decision—like all political decisions, it results in winners and losers. - Nations typically want to admit immigrants who can do things the country's citizens are unable or unwilling to do. EX: German immigrants during and after WWII when the US wanted to develop a rocket program. Another example could be the At times in our history when our labor force was insufficient for the demands of industrialization and railroad building and when western states wanted larger populations, immigrants were welcomed. * Notes The amount of people admitted can vary from times in America from when we are in rough times or prosperous. > More immigration (more people likely to get admitted) occurs in prosperous times vs rough times where we call to admit less due to Nativism.

Democracy: As an American value

- Democracy in America, as we have seen, means representative democracy, based on consent and majority rule. - Americans believe democracy should be a procedure to make political decisions, to choose political leaders, and to select policies for the nation. It is seen as a fundamentally just or fair way of making decisions because every individual who cares to participate is heard in the process, and all interests are considered.

What did the colonists do in response to the British series of acts to gain revenue? How did the British do in response to their actions?

To show their displeasure with the Tea Act of 1773, they hurled 342 chests of tea into Boston Harbor in the infamous Boston Tea Party. - Britain responded by passing the Coercive Acts of 1774, designed to punish the citizens of Massachusetts. ->>> In the process, Parliament sowed the seeds that would blossom into revolution in just a few years.

When have the courts ruled in favor of regulations surrounding electrical means of expression?

U.S. v. American Library Association (2003) - upheld the Children's Internet Protection Act, which required public libraries that received federal funds to use filtering software to block material deemed harmful to minors, such as pornography.

New Jersey Plan: Details

- Designed by smaller states, presented by William Paterson of New Jersey - It provided for a multiperson executive, so that no one person could possess too much power, and for congressional acts to be the "supreme law of the land." - Most significantly, however, the Congress was much like the one that had existed under the Articles. In a unicameral (one-house) legislature, each state got only one vote. The delegates would be chosen by state legislatures. The powers of Congress were stronger than under the Articles, but the national government was still dependent on the states for some of its funding. -

Why did the founders reject the idea of a Unicameral Legislature?

- Difficult for the legislature to represent more than one set of interests - Quick decision making has drawbacks such as changes in public opinion are often being temporary. And perhaps a society in a calmer moment would not want the laws to be changed so hastily.

Lawrence v. Texas (2003)

Using right of privacy, struck down Texas law banning sodomy. - overturned bowers

Why have the narratives of Federalism changed overtime?

Vagueness in the writing concerning Federalism. - This is because he founder' disagreement over how power should be distributed in the new country, the final wording about national and state powers was kept vague intentionally, which probably helped the Constitution get ratified.

Where can we look to see where the Supreme Court has drawn the line between the rights of defendants and the rights of society?

We can look at the Court's deliberations on these matters in four main areas: 1). the protection protection against unreasonable searches and seizures 2).the protection against self-incrimination 3). the right to counsel 4). the protection against cruel and unusual punishment.

Difference between civil liberties and civil rights:

Whereas civil liberties refer to restrictions on government action, civil rights refer to the extension of government action to secure citizenship rights to all members of society.

Economic Conservatives: views/policy

- Economic conservatives prefer government to limit its role in economic decision making to regulation of the market (like changing interest rates and cutting taxes to end recessions), elimination of "unfair" trade practices (like monopolies), and provision of some public goods (like highways and national defense). - When it comes to immigration, they favor more open policies since immigrants often work more cheaply and help keep the labor market competitive for business.

Equality: As an American value

- Equality in America means government should guarantee equality of treatment, of access, of opportunity, but not equality of result. - Equal opportunity and not outcome - Thus we believe in 1. Political Equality (one person, one vote) 2. Equality before the Law (the law shouldn't make unreasonable distinctions among people the basis for treating them differently. Also that all people should have equal access to the legal system).

The New Deal: Strengthening National Government

- FDR berated the Court for striking down his programs, and public opinion backed the New Deal and Roosevelt himself against the interests of big business. - Eventually the Court had a change of heart. Once established as constitutional, New Deal policies redefined the purpose of American government and thus the scope of national and state powers. - The relationship between the nation and the states became more cooperative as the government became employer, provider, and insurer of millions of Americans in times of hardship. - Our Social Security system was born during the New Deal, as were many other national programs designed to get America back to work and back on its feet.

Social Liberals: views/policy

- Favor a substantive government role in achieving a more equal distribution of material resources (such as welfare programs and health care for the poor) - Although they continue to want the freedom to make individual moral choices that economic liberals want, they are happy to see.. > government action to create a more diverse and more equal power structure (including the way different groups are treated in the media and popular culture) > regulate individual behavior to enhance health and safety (promoting environmental protections, motorcycle helmets, gun control, food labeling and restrictions on how food is produced, etc.). - They endorse social norms to use political correctness as a way to name and shame those who do not share their substantive view of a community of disadvantaged groups that struggle against an oppressive power structure - They believe higher education, in particular, should provide "safe spaces" where hurtful language and offensive popular culture should be banned.

What are the 2 methods of Amending the Constitution?

- Formal amendment process outlined in the Constitution - Informal process that results from the vagueness of the document and the evolution of the role of the courts.

1st Amendment

- Freedom of Religion, Speech, Press, Assembly, and Petition " 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."

What is politics?

a peaceful means for determining who gets power and influence in society

What did the 14th amendment give to the Supreme Court?

a tool that made it possible for the Court to require that states protect their citizens' basic liberties.

When the court refused to restrict flag burning, what did Americans try to do? Did it work?

amend the Constitution - efforts failed by a small margin in House and Senate

Legislative Supremacy (definition)

an alternative to judicial review, the acceptance of legislative acts as the final law of the land - Britain has this

Fusion of Powers (definition)

an alternative to separation of powers, combining or blending branches of government

Why is Politics essential?

essential for civilized life to occur

What does habeas corpus protect people from?

from being imprisoned solely for political reasons

Procedural Guarantees (definition)

government assurance that the rules will work smoothly and treat everyone fairly, with no promise of particular outcomes

Unitary System (definition & details)

governments in which all power is centralized - Local units (states or counties) may have some power at some times, but basically they are dependent on the central unit, which may alter or abolish them. EX: Great Britain

When can cars be searched without warrant?

if the officer has probable cause to think a law has been broken - the Court has gradually widened the scope of the search so that it can include luggage or closed containers in the car.

How did congress respond to the Smith decision?

in 1993 passed the Religious Freedom Restoration Act (RFRA)

Johnson v. Zerbst (1938)

in federal criminal cases, counsel is required for indigent defendants - only federal cases do you have right to counsel

Why do religious groups consider the Smith ruling a blow to religious freedom?

it places the burden of proof on the individual or church to show that its religious practices should not be punished, rather than on the state to show that the interference with religious practice is absolutely necessary.

Death Penalty

not seen as cruel or unusual ( except in the case of mentally retarded individuals, juveniles, and crimes against an individual that do not result in the death of the victim) -

Asylum (definition)

protection or sanctuary, especially from political persecution

Why was Prior Restraint seen as a dangerous form of censorship?

since the repressed ideas never entered the public domain and their worth could not be debated

Media Definition

the channels—including television, radio, newspapers, and the Internet—through which information is sent and received

Popular Sovereignty (definition)

the concept that the citizens are the ultimate source of political power

Popular Sovereignty

the concept that the citizens are the ultimate source of political power - no government is considered legitimate unless the people consent to it. - no higher power then the people

Slavery (definition)

the ownership, for forced labor, of one people by another

Judicial Power (definition)

the power to interpret laws and judge whether a law has been broken

Divine Right of Kings

the principle that earthly rulers receive their authority from God

Ratification (definition)

the process through which a proposal is formally approved and adopted by vote

Libertarians

those who favor a minimal government role in any sphere - most extreme economic conservatives

Random testing for drugs and alcohol under 4th Amendment:

usually by urine or blood tests - These are arguably a very unreasonable kind of search, but the Court has tended to allow them where the violation of privacy is outweighed by a good purpose - EX: discovering the cause of a train accident, preventing drug use in schools, or preserving the public safety by requiring drug tests of train conductors and airline pilots.

The Articles of Confederation: Context

- 1777 Continental Congress met to form a framework for the new government - The Articles of Confederation, our first constitution, created the kind of government the founders, fresh from their colonial experience, preferred. - The rules set up by the Articles of Confederation show that the states jealously guarded their own power. ->> Having just won their independence from one large national power, the last thing they wanted to do was create another. - They were also extremely wary of one another, and much of the debate over the Articles of Confederation reflected wide concern that the rules not give any state preferential treatment over another.

How can an amendment be proposed?

- 2/3 of Congress vote - 2/3 of state legislatures request it, by a constitutional convention. (never used)

The 2nd 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." my views on 2nd Amendment/ gun control: - 2nd Amendment not only protects our right to own a weapon of our choosing, but is also incredibly necessary in regards to preserving our freedoms.

rigid constitution vs easily revisable (downsides)

- A rigid constitution runs the risk of ceasing to seem legitimate to citizens who have no prospect of changing the rules according to shifting political realities and visions of the public good. - A constitution that is revised too easily, however, can be seen as no more than a political tool in the hands of the strongest interests in society.

What were some early examples of restrictions to free speech in America?

- Alien and Sedition Acts - Southern state governments punishing any speech which advocated for the end of slavery. Even censored mail to prevent abolitionists literature from spreading. - By WWI: freedom of speech/press in shams for Americans especially for those who spoke out against the status quo. Through things like the 1917 Espionage Act. - around WWII: fear of communism led to restrictions such as with the Smith Act of 1940 -

What are some differences Federalism makes?

- Allows flexibility at the local level and state level - Experimentation with Public Policy - Increased access to government for citizens, interest groups - creates competition among states

Revolution: Context

- From the moment that the unpopularly taxed tea plunged into Boston Harbor in December 1773, it became apparent that the Americans were not going to settle down and behave like proper and orthodox colonists. - Even before the Tea Party, mobs in many towns were demonstrating and rioting against British control. Calling themselves the Sons of Liberty, and under the guidance of the eccentric Samuel Adams rebellious colonists routinely caused extensive damage and, in early 1770, provoked the so-called Boston Massacre. - The American patriots called a meeting in Philadelphia in September 1774 (The First Continental Congress), and the meeting declared the Coercive Acts void, announced a plan to stop trade with England, and called for a second meeting in May 1775. - Before they could meet again, in the early spring of 1775, the king's army went marching to arrest Samuel Adams and another patriot, John Hancock, and to discover the hiding place of the colonists' weapons. Roused by the silversmith Paul Revere, Americans in Lexington and Concord fired the first shots of rebellion at the British, and revolution was truly under way.

14th Amendment (1868)

- Grants citizenship to "all persons born or naturalized in the US"; - it forbids any state to deny any person "life, liberty or property, without due process of law" - or to "deny to any person within its jurisdiction the equal protection of its laws." TEXT: " No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Madison & Human Nature

- Human nature is flawed and humans are sometimes ambitious, greedy, and corruptible, precautions must be taken to create a government that will make use of human nature, not be destroyed by it.

What was the issue regarding if states should count the same or based on size in decision making?

- If small states and large states had equal amounts of power in national government, residents of large states would effectively have less voice in the government than would residents of small states since they would have proportionately less influence on how their power was wielded. - If power were allocated on the basis of size, however, the importance of the small states would be reduced.

What qualifications musty be met for an immigrant to be eligible to apply for citizenship? (Naturalization)

- If through legal arrival, such as from a permanent resident VISA, and by following the rules and regulations outlined by the USCIS, immigrants can apply for citizenship.

What are referendums used for?

- In most states, constitutional amendments have to be submitted for a referendum vote, and in some states questions of taxation do also. - A number of states allow citizens to call for a referendum (by petition) on controversial laws passed by the state legislature, and in many cases the state legislatures themselves can ask for a referendum on matters they believe the voters should decide directly. - Laws on marijuana, school board funding, and term limits are all issues that voters have weighed in on.

Divide in the Social Order Dimension

- In the 1980s and 1990s another ideological dimension became prominent in the United States when many Americans began to focus less on economic questions and more on issues of morality and quality of life. - Divide seen in how much government control should be over the social and moral order > whether government's role should be limited to just protecting individual rights and providing procedural guarantees of equality and due process, or whether the government should be involved in making more substantive judgments

Trump's Appeal to Anti-Establishment Conservatives (Why?)

- Indeed, social scientists trying to understand the surprising phenomenon of the Trump vote found that one particular characteristic predicted it: a commitment to "authoritarian values." - These social scientists have found that some social conservatives, when they feel that proper order and power hierarchy is threatened, either physically or existentially, are attracted to authoritarian narratives that seek to secure the old order by excluding the perceived danger.

Norms that support the Executive:

- Independence: a separate executive and legislature make it difficult to ram through legislation, and the Constitution guards against any allegiance to another country - Dignity: The office combines the jobs of the head of government (the political role) and the head of state (the symbolic role)-( Represents country as whole.) - Unity: hold the country together - Rule of Law: what bounds the president, as it is clear from the impeachment powers of Congress and from limits such as the emoluments clause that the founders had created a limited executive who could be removed from office by Congress for "Treason, Bribery, or other high Crimes and Misdemeanors."

The People: resolving conflicts over rights

- Individual Americans may use the courts to sue for what they perceive as their rights - individuals act in groups more often to resolve conflict however EX: interest groups (NAACP) (NRA) - These groups and many others like them engage in fundraising and public relations activities to publicize their views and work to influence government directly, by meeting with lawmakers and testifying at congressional hearings. - Even though individuals may not feel very effective in trying to change what government does, their efforts are magnified in groups, and the effects can be considerable.

What changed the African American situation in the Colonies? Why?

- Institution of Slavery The colonies required tremendous amounts of cheap labor to produce the raw materials and goods needed for trade with England, and when English people from the Caribbean island of Barbados settled in South Carolina in 1670, they brought with them the institution of slavery. . - Slavery proved economically profitable even in the more commercial areas of New England, but it utterly transformed the tobacco plantations of Maryland and Virginia.

What does a Confederation entail? As the central governments only job is to run the collective business of the states.

- It has no independent source of power and resources for its operations. It is founded on state sovereignty (authority), it says nothing about individuals. So, - It creates neither rights nor obligations for individual citizens, leaving such matters to be handled by state constitutions.

How does the Politics in a Presidential system differ from that of a Parliamentary system in regards to passing laws?

- It is much easier for a prime minister to get his or her programs and laws passed by the legislature because, under normal circumstances, he or she already has the party votes to pass them.

"Least Dangerous Branch"

- Judicial Branch according to founders, because the executive and the legislature might endanger liberty, but not so the judiciary.

Article 3: Details

- Judicial power of the United States is to be "vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish," - Judges serve as long as they demonstrate "good behavior." - It also explains that the Supreme Court has original jurisdiction in some types of cases and appellate jurisdiction in others. That is, in some cases the Supreme Court is the only court that can rule; much more often, inferior courts try cases, but their rulings can be appealed to the Supreme Court. - Article III provides for jury trials in all criminal cases except impeachment, and it defines the practice of and punishment for acts of treason. *Because the Constitution is so silent on the role of the courts in America, that role has been left to be defined by Congress and, in some cases, by the courts themselves.

Rights and the Power of the People:

- Just as rights limit government, they also empower its citizens. - citizens have special protections and powers that allow them to stand up to government and plead their cases when they believe an injustice is being done. - A person who can successfully claim that he or she has rights that must be respected by government is a citizen of that government; a person who is under the authority of a government but cannot claim rights is merely a subject, bound by the laws but without any power to challenge or change them.

How does the Politics in a Presidential system differ from that of a Parliamentary system in regards to leadership?

- Leadership is clearly more concentrated in a Parliamentary system because the prime minister usually chooses his or her cabinet from the legislature, the executive and legislative branches truly overlap.

Context of the Founders time when forming our Government.

- Literacy among average citizens remained limited. - Political elites still played a major role in mediating information, but new channels also started to play a part—newspapers, pastors, publicians all began to shape narratives.

How did Locke influence the Declaration of Independence?

- Locke said that the government is based on a contract between the rulers and the ruled. - The ruled agree to obey the laws as long as the rulers protect their basic rights to life, liberty, and property. - If the rulers fail to do that, they break the contract and the ruled are free to set up another government. * This is exactly what the second paragraph of the Declaration of Independence says, except that Jefferson changed "property" to "the pursuit of happiness." (perhaps to garner the support of those Americans who didn't own enough property to worry about).

What is the "Republican Remedy" according to Madison?

- Madison argued that a republic, which offers so many people the opportunity to take advantage of political power, requires special controls. The job, according to Madison, was to find a "republican remedy for those diseases most incident to republican government."

Federalist No. 51

- Madison argued there that the institutions proposed in the Constitution would lead to neither corruption nor tyranny. - The solution was the principles of checks and balances and separation of powers within the national government.

With the Revolution being a mixed blessing for African Americans, what were the positives?

- Many slaves won their freedom as a result of the war; slavery was outlawed north of Maryland, and many slaves in the Upper South also were freed. - The British offered freedom in exchange for service in the British army, although the conditions they provided were not always a great improvement over enslavement. The abolitionist, or antislavery, movement gathered steam in some northern cities, expressing moral and constitutional objections to the institution of slavery. - Many African Americans served in the war. There were probably about twelve blacks in the first battle at Lexington and Concord, in Massachusetts, for example. The South feared the idea of arming slaves, for obvious reasons, but by the time Congress began to fix troop quotas for each state, southerners were drafting slaves to serve in their masters' places.

Supreme Court rulings on Prior Restraint:

- Near v. Minnesota (1931) - New York Times v. United States (1971)

Supreme Court rulings on Libel:

- New York Times v. Sullivan (1964)

Competing Elites in American Founding: Notes

- Not just one elite group in founding - All together for breaking away from England so this is typically forgotten - These groups included leaders of big states and leaders of small states, leaders of northern states and leaders of southern states, merchant elites and agricultural elites, and elites who found their security in a strong national government and those who found it in decentralized power. - The power struggle between all those adversaries resulted in the compromises that form the framework of our government today.

What is at stake in the battle between separationists and accommodationists?

- On one side of the dispute is the separationists' image of a society in which the rights of all citizens, including minorities, receive equal protection by the law. In this society, private religions abound, but they remain private, not matters for public action or support. - Very different is the view of the accommodationists, which emphasizes the sharing of community values, determined by the majority and built into the fabric of society and political life.

Why might Scandinavian countries have more substantive social policies than the United States?

- One reason Scandinavians have more substantive social policies than are found in the United States is because they have a sense of themselves as a collective whole. - They value solidarity, a sense of group identification and unity that allows them to entertain policies we would not consider. * Me - These countries have this due to them being ethnically homogeneous, which is the polar opposite of America. Similar cultures and races share values, beliefs and norms. Thus, Americas sense of individualism is not the only factor to why we don't promote substantive policy.

NRA (National Rifle Association)

- Powerful interest group - have kept legistlation against 2A to a minimum at the federal level.

What are some claims people make when advocating for a Unicameral Legislature?

- Proponents of unicameral systems claim that lawmaking is faster and more efficient when laws are debated and voted on in only one chamber. - They say such laws are also more responsive to changes in public opinion, which at least theoretically is a good thing in a democracy. - On the national level, a unicameral system can help encourage citizens to feel a sense of identity with their government, since it implies that the whole country shares the same fundamental interests and can thus be represented by a single body.

In what ways have Americans and some states gotten around the separationist tilt in the courts?

- Some communities simply ignore the law, allowing children to begin the school day with prayer or to gather in religious clubs and associations at school. - In addition, many state legislatures are testing the limits by passing laws that blur the lines between secular and nonsecular activities at school. EX: A Florida law, signed in 2012, allows school boards to encourage students to give "inspirational messages" at school events

Economic Liberals: views/policy

- Some economic policies they favor are job training and housing subsidies for the poor, taxation to support social programs, and affirmative action to ensure that opportunities for economic success (but not necessarily outcomes) are truly equal. - They are willing to let government regulate such behaviors as murder, rape, and theft, but they believe that social order issues such as reproductive choices, marijuana usage, gay rights, and assisted suicide are not matters for government regulation. - They value diversity, expanding rights for people who have historically been left out of the power structure in the American social order—women, minorities, gays, and immigrants.

What are some alternative rules for amending constitution across the states?

- Some states make it harder to amend their own constitutions. For instance, twelve states require amendments to pass in more than one session of the legislature—that is, in successive years. - Rules can also make it much easier to amend constitutions. Some states require only simple legislative majorities (50 percent plus one) to propose amendments, - Unlike the national Constitution, some states give their citizens a substantial role in the process through mechanisms called referenda and initiatives, which we discuss in the next section.

The court on "unusual punishment"

- The Court has ruled that not all unusual punishments are unconstitutional, because all new punishments—electrocution or lethal injection, for instance—are unusual when they first appear, but they may be more humane than old punishments like hanging or shooting.

Article 3: Checks & Balances for Supreme Court

- The Court's ruling in the case of Marbury v. Madison fills in some of the gaps in this vague article by establishing judicial review, a true check on the legislative and executive branches. - Congress can countercheck judicial review by amending the Constitution (with the help of the states).

Great Compromise: Details

- The Great Compromise kept much of the framework of the Virginia Plan. It was a strong federal structure headed by a central government with sufficient power to tax its citizens, regulate large states nor small states could hold the entire government hostage to their wishes. - The smaller states were sufficiently happy with this plan that most of them voted to approve, or ratify, the Constitution quickly and easily.

What did the Patient Protection and the Affordable Care Act (ACA) now require for employer based health insurance?

- The Obama administration interpreted the ACA requirements as meaning that employer-based health insurance should provide birth control coverage

What is the Supreme Courts decision in Arizona v. United States (2012) about? How does this relate to Trump and Sanctuary Cities?

- The Supreme Court made clear in a 2012 Arizona case that although a state was within its rights to require police officers to verify the status of people they had reason to believe were here illegally, it could not infringe on the federal right to set immigration policy. - Relates to Trump, as he tried to defund sanctuary cities by executive order, however, several federal judges said such action was unconstitutional. > he was trying to stop states from infringing federal immigration policy. EXTRA CONTEXT: (the term of when states overlook Federal laws is Nullification. EX. CA legalizing weed even though its federally illegal)

What type of legislature does the United States have? How are the legislatures elected?

- The U.S. Congress is a bicameral legislature

Trump's Appeal to Anti-Establishment Conservatives (How they felt)

- The escalating anger of social conservatives who felt inadequately represented by the Republican Party's mainstream came to a peak in the anti-establishment fury displayed in 2016. - Anti-Establishment Conservatives felt used and betrayed, especially by a party that had promised and failed to defeat Barack Obama. Also a mix of populist anger against the economic elite who profited at their expense, nativist anger at the perception that whites seemed to be falling behind while government was reaching out to help people of color, and partisan anger that economic conservative Republicans had been promising them socially conservative accomplishments

Executive Branch: Fears of the Founders

- The fact that the Articles of Confederation provided for no executive power at all was a testimony to the founder's conviction on its threat to liberty. - The chaos that resulted under the Articles, however, made it clear that a stronger government was called for—not only a stronger legislature, but a stronger executive as well. - Some founders were haunted by the idea that they might inadvertently reestablish the same tyrannical power over themselves that they had escaped only recently with the Revolution.

What 2 key decisions does Congress make when it attempts to influence what the states are doing?

- The first concerns the character of the rules and regulations that are issued: Will they be broad enough to allow the states flexibility, or narrow and specific to guarantee that policy is executed as Washington wishes? - The other is about whether the cost of the new programs will be paid for by the national government and, if so, how much of the cost the government will cover

Why are citizens participation/role limited in the Constitution?

- The founders did not trust human beings, either to know their own best interests or to handle power without being corrupted. - They wanted popular power to serve as a potential check on the elected leaders, but they wanted to impose strict checks on popular power as well - The Constitution was the republic's insurance policy against chaos and instability.

What is the fundamental difference between the Presidential and Parliamentary systems?

- The fundamental difference between a parliamentary system and a presidential system is that in a parliamentary system the legislature and the executive are merged, but in the presidential system they are separate. - In parliamentary systems the executive is accountable to the legislature, but in a presidential system he or she is independent.

The founders, worried about the Judicial Branch being political, put in what measures?

- The justices of that Court were to be appointed for life, provided they maintain "good behavior," in part to preserve them from politics. (not be swayed by outside influences like getting re-elected) - Instead of trying to do what is popular, they could concentrate on doing what is just, or constitutional. (Political as in being caught up in the fray of competing interests and influence).

The People as Citizens

- The people are sovereign, and give consent to be governed. - The government responds to the will of the people - Citizens of democracies also possess obligations or responsibilities to the public realm. They have the obligation to obey the law, for instance, once they have consented to the government. they may also have the obligation to pay taxes, serve in military, or sit on juries.

Liberal views on Social Order

- The preservation of the environment (laws that require individuals to recycle or that tax gasoline to encourage conservation) - The creation of a sense of community based on equality and protection of minorities (rules that urge political correctness and censorship of pornography) - The promotion of individual safety (laws promoting gun control, seat belts, and motorcycle helmets)

The Executive Branch: Founders Solution

- The president, a single executive, would serve an unlimited number of four-year terms. (A constitutional amendment in 1951 limited the president to two elected terms.) - In addition, the president would be chosen neither by Congress nor directly by the people. Instead, the Constitution provides for his selection by an intermediary body called the Electoral College.

Why did the founders prefer the Bicameral Legislature?

- The two houses could represent different interests in society—the people's interests in the House and the more elite interests in the Senate. - Could represent the different levels of the federal government in the legislative process. Federal governments that preserve a bicameral structure typically do so with the intention of having the "people" represented in one house and the individual regions—in our case, the states—in another - They said to be better for a young republic because it fit their narrative that the smaller the units of government power were, the safer the government would be from those who would abuse its power such as for corruption or tyranny.

Do all democracies guarantee all residents to be "Citizens" ?

- Theoretically, democracies are ruled by "the people," but different democracies have at times been very selective about whom they count as citizens. Just because a system is called a democracy is no guarantee that all or even most of its residents possess the status of citizen.

Why would the Federalists be so in favor of the Constitution?

- They fared poorly under the Articles, and they were certain that if America were to grow as an economic and world power, it needed to be the kind of country in which people with property would want to invest. - Security and order were key values, as was popular control. - Convinced that a good government could be designed if the underlying principles of human behavior were known. If people were ambitious and tended toward corruption, then government should make use of those characteristics to produce good outcomes.

Social Conservatives: views/policy

- They may very well support government social programs like Social Security or Medicaid for those they consider deserving. - Their primary concern is with their vision of the moral tone of life, including an emphasis on fundamentalist religious values, demonstrated, for instance, by government control of reproductive choices, opposition to gay rights, promotion of public prayer, and public display of religious icons. - They endorse traditional family roles, and reject change or diversity that they see as destructive to the preferred social order. - View Immigration as threatening because it brings into the system people who are different and threatens to dilute the majority that keeps the social order in place. - Social conservatives seek to protect people's moral character, and they embrace an authoritarian notion of community that emphasizes a hierarchical order (everyone in his or her proper place) rather than equality for all.

The American idea of procedural freedom can be seen clearly where?

- This idea of procedural freedom is seen clearly in the Bill of Rights, the first ten amendments to the U.S. Constitution, which guarantees our basic civil liberties, the areas where government cannot interfere with individual action. - include freedom of speech and expression, freedom of belief, freedom of the press, and the right to assemble, just to name a few.

The House of Representatives: Election What can we conclude from this?

- To be elected to the House, a candidate need to be only twenty-five years old and a citizen for seven years. - Since House terms last two years, members run for reelection often and can be ousted fairly easily, according to public whim. *Me: essentially forcing them to pander to their district to get re-elected. Maybe even going back on actual beliefs, so keep that in mind when voting. This was the founder's intention, however.

Obama (Immigration)

- Under Barack Obama's administration, deportations of undocumented workers, especially those with criminal backgrounds, rose sharply. > despite this Obama still tried to get congress to pass Immigration reform. - DREAM ACT - DACA

What is an example of when the courts regulated symbolic speech?

- Virginia v Black (2003)

What are some effects of Federalism around us today?

- We pay income taxes to the national government, which parcels out the money to the states, under certain conditions, to be spent on programs such as welfare, healthcare, highways, and education. - In most states, local schools are funded by local property taxes and run by local school boards (local governments are created under the authority of the state), and state universities are supported by state taxes and influenced by the state legislatures. Even so, both state and local governments are subject to national legislation, such as the requirement that schools be open to students of all races, and both can be affected by national decisions about funding various programs.

Federalism: Flexibility at state level (disadvantages)

- Where policies are made and enforced locally, all economies of scale are lost. - Many functions are repeated across the country as states locally administer national programs. - Making and enforcing laws can be troublesome as well under federalism. - Different penalties for the same crime can make it difficult to gauge the consequences of one's behavior across states. - Most problematic is the fact that federalism permits, even encourages, local prejudices to find their way into law. LGBTQ Americans, for example, do not have the same rights in all localities of the United States today.

Federalist No. 84

- Written by Alexander Hamilton - In this essay, Hamilton argued that a Bill of Rights (a listing of the protections against government infringement of individual rights guaranteed to citizens by government itself)was not necessary in a constitution -

Regulated Capitalism

- a market system in which the government intervenes to protect rights and make procedural guarantees - still maintains a "capitalist" economy and individual freedom with this government intervention (at least in theory).

In what ways does the Internet raise issues surrounding rights?

- being a source of information - mechanism for entertainment like books, movies and music

Why are there so many amendments pertaining to protecting the rights of people who are suspected or accused of committing a crime?

- founders feared an arbitrary government that could accuse and imprison people without evidence or just cause. - The authors of these amendments believed that, to limit government power, people needed to retain rights against government throughout the process of being accused, tried, and punished for criminal activities.

Rights in a Democracy:

- freedoms of speech, of the press, of religion, and of our rights to bear arms, to a fair trial, and to privacy. - notion of natural rights and limited government was central to the founders of the American system. - public opinion is usually outraged at the invasion of individual rights from the government

Parliamentary Systems: Details

- generally speaking the executive or prime minister in a parliamentary system is the chosen leader of the majority party in the legislature. - If the parliament does not think the prime minister is doing a good job, it can replace him or her without consulting the country's voters. So he/she will cooperate with them typically.

What is the American Political culture traditionally focused on?

- have traditionally focused on rules and processes rather than on results, an insistence on procedural guarantees.

Social Order Importance

- helps us live without crashing into each other at every turn, and to provide ourselves with goods and services we could not obtain alone. * Keep in mind that politics is not just about our collective lives but also about the individual getting their own way

Rulings on legislation and rules surrounding political correctness:

- in 1989 and 1991 federal district court judges agreed on that the speech codes on two campuses, the University of Michigan and the University of Wisconsin, in violation of students' First Amendment rights. - R.A.V. v. City of St. Paul (1992) > The Supreme Court struck down a Minnesota "hate crime law" that prohibited activities that "arouse anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." The Court held that it is unconstitutional to outlaw such broad categories of speech based on its content.

What are the controversial issues surrounding the freedom of the press?

- issue of prior restraint - issue of libel restrictions - conflict between a free press and a fair trial.

What are some claims for reasons to limit speech?

- perhaps because it threatens national security or unity or certain economic interests; - because it is offensive, immoral, or hurtful; - because it hinders the judicial process; - or because it injures reputations.

What is the obligation of citizens with their rights in the 5th and 6th amendments?

- serve on jury

Congress: resolving conflicts over rights

- sometimes stays out, sometimes takes decisive action over disputes involving rights either limiting or expanding them - Congress has also acted on the side of protecting rights -

Who "lost" from the compromise of Federalism?

- state right advocates lost in comparison to how they fared under the Articles of Confederation, but they were better off than they might have been, as the states could have had all their power stripped away.

Authoritarian Governments

- systems in which the state holds all power over the social order - ultimate power resides in the state rather to the people when deciding how the people live their lives - people have no choice but to submit to the will of the state - Authoritarian governments can take various forms: sovereignty can be vested in an individual (dictatorship or monarchy), in God (theocracy), in the state itself (fascism), or in a ruling class (oligarchy).

Establishment Clause

- the First Amendment guarantee that the government will not create and support an official state church simplified: - Clause in the First Amendment that says the government may not establish an official religion.

where/who can we resolve the conflict over rights?

- the courts - congress - the president - the people

What are the two advantages to having a republic ?

- the dangers of factions are reduced, - the people running the government are presumably the best equipped to do so

What are the 3 formal mechanisms of direct democracy at the state level that are enhanced by the possibilities of mediated citizenship?

- the initiative - the referendum - the recall. the point of them is that they do enhance opportunities for individuals to participate, and they give citizens more control over what their government does.

How are the legislatures elected in the United States?

- the legislators are elected directly by the people for terms of two (House of Rep) or six years (Senate). - 1/3 of Senate is elected every 2 years

Why is understanding the rules crucial to understanding politics?

- the rules we choose can influence which people will get what they want most often - rules provide the framework for us to solve problems without resorting to violence. ( the problems being the ones our collective lives generate)

What type of people rally behind the 2nd Amendment?

- those who believe that firearms are necessary for self-defense - those who believe an armed citizenry is necessary to check government that might become tyrannical - those who simply don't believe that it is government's business to make decisions about who can own guns - and even those who want to engage in sporting activities involving guns

Fusion of Powers: Notes

- what a parliamentary system involves, because the components of government are not separate, no formal internal checks can curb the use of power. That is not to say that the flaws in human nature might not still encourage members of the government to keep a jealous eye on one another, but no deliberate mechanism exists to bring these checks into being. - In a democracy, external checks may still be provided by the people, through either the ballot box or public opinion polls. Where the government is not freely and popularly elected, or, more rarely these days, when all the components are fused into a single monarch, even the checks of popular control are missing.

Why should politics and religion be separated?

- when politics and religion mix conflict arises and its difficult to compromise as passions run deep

What did questions did the founders consider when developing the Executive Branch?

- whether the executive should be more than one person - whether he should be able to seek reelection as many times as he wanted - whether he should be elected directly by the people or indirectly by the legislature.

Nancy Cruzan Case (1990)

- woman on life support since 1983 from car accident - Her parents asked the doctors to withdraw the life support and allow her to die, but the state of Missouri, claiming an interest in protecting the "sanctity of human life," blocked their request. - The Cruzans argued that the right to privacy included the right to die without state interference, but the Court upheld Missouri's position, saying it was unclear that Nancy's wishes in the matter could be known for sure but that when such wishes were made clear, either in person or via a living will, a person's right to terminate medical treatment was protected under the Fourteenth Amendment's due process clause.

How can an amendment be ratified?

-3/4ths of the state legislature - 3/4ths of the states in a special state ratifying convention

What 3 bills in the 1990s affected the right to bear arms?

1) Brady bill law passed requiring a waiting period on sales of handguns, along with a criminal background check on the buyer 2) 1994 crime bill Federal assault weapons ban, revised laws containing hate crimes, immigration laws, gang crimes, and sex crimes; also included the 3 strikes law 3) Gun Free School Zone act 1995 prohibits possessing or, knowingly or with reckless disregard for the safety of another, discharging (or attempting to discharge) a firearm that has moved in or that otherwise affects interstate or foreign commerce (thus providing the jurisdictional basis for regulation under the interstate commerce clause of the Constitution) in a school zone. * #2/3 struck down by SCOTUS on grounds that they were infringements of the national government into the realm of state power

Two main arguments for religious freedom:

1) history has shown, from the Holy Roman Empire to the Church of England, that linking church and state can have a negative impact on secular life. - It generally puts all individual freedoms in jeopardy and reduces the population to subjecthood. - religion divides society into the factions that Madison saw as the primary threat to republican government. 2) Based on the effect that politics can have on religious concerns. Early champions of a separation between politics and religion worried that the spiritual purity and sanctity of religion would be ruined if it mixed with the worldly realm of politics, with its emphasis on power and influence. - History has given us more than one example of religious organizations becoming corrupt when they have become entwined with secular power. - If religion became dependent on government, in Madison's words, it would result in "pride and indolence in the clergy; ignorance and servility in the laity; in both, superstition, bigotry and persecution."

The two debates surrounding religious freedom:

1) separationists and the accommodationists. 2) what to do when religious beliefs and practices conflict with state goals.

Arguments against the 2nd Amendment today:

1). Argue that gun owners want to make this an issue about rights because that gives their claims a higher status in American discourse, when in fact the issue is merely about their wants and preferences. - Americans have long held that wants and preferences can be limited and regulated if they have harmful effects on society. If we are arguing within the narrative of "rights" rather than discussing policy solutions to gun violence, it decreases the chance for resolution. 2). assemble "facts" and "comparative data" to support their claims that countries with stricter gun control laws have less violence and fewer gun deaths. - They remind us that none of the rights of Americans, even such fundamental ones as freedoms of speech and of the press, is absolute, so why should the right to bear arms 3). they point out the irony of claiming the protection of the Constitution to own weapons that could be used to overthrow the government that the Constitution supports. - As we said earlier, young people who feel threatened at school are beginning to create a strong counternarrative of their own.

Judicial Decisions on 2nd Amendment:

1). Until 2008 the Supreme Court had ruled on only a handful of cases that had an impact on gun rights and the Second Amendment, mostly interpreting the Second Amendment as intending to arm state militias, and letting state gun-related legislation stand. - In 2008, however, the Supreme Court heard arguments on whether the Constitution guarantees an individual the right to bear arms. > In a five-to-four decision, the Court held that it did, striking down a Washington, D.C., law that banned handgun possession in the home. Although the Court held that the D.C. law violated an individual's right to own a gun for self-protection, the majority was careful to say that the right to own guns is not unlimited. >>For instance, it does not encompass military-grade weapons, and it does not extend to felons and the mentally ill. 2). In 2010 the Court took the ruling a step further, incorporating the Second Amendment by holding not only that the federal government could not violate an individual's right to bear arms, as it had in the D.C. case, but that neither could a state government.

2 major right conflicts that concern citizens in a democracy:

1). between individuals 2). individuals vs society

Democracies depend on the existence of rights in at least two ways:

1). civil liberties provide rules that keep government limited, so that it cannot become too powerful. 2). civil rights help define who "we, the people" are in a democracy, and they give those people the power necessary to put some controls on their governments.

For what 2 reasons has the U.S. Constitution weathered so well over time?

1). it is not too detailed and explicit 2). its amendment procedure - in Madison's words, "guards equally against that extreme facility, which would render the Constitution too mutable; and the extreme difficulty, which might perpetuate its discovered faults."

What are some problems with making the process to amend too easy?

1). public opinion can be fickle, and we might not always want the constitution to respond too hastily to changes in public whim. 2). where amendments can be made easily, special special interests push for amendments that give them tax breaks or other protections and can often manipulate the debate by creating narratives based on misleading logic or language that is intentionally difficult to comprehend. 3). where constitutions can be amended more easily, they are amended more frequently. - the initiative process in California permits relatively easy translation of citizen concerns into constitutional issues. Compared to just twenty-seven amendments to our national Constitution, California's constitution has been amended more than five hundred times with everything from putting a cap on taxes, to limiting legislativeterms, to withholding public services from undocumented immigrants.

Why should we guarantee rights to those accused of crimes?

1). to limit government power. - One way governments can stop criticism of their actions is by eliminating the opposition, imprisoning them or worse. 2). a person is innocent until proven guilty. - an innocent person, naturally, still has the full protection of the Constitution, and even a guilty person is protected to some degree, for instance, against cruel and unusual punishment.

What two trends are apparent when analyzing American Federalism through history?

1. American government in general is growing in size, at both the state and national levels 2.

What are the 4 moments where we have seen expansion in the American Governments role and power?

1. judicial decisions of Chief Justice John Marshall (1801-1835), 2. the Civil War 3. the New Deal 4. the civil rights movement and the expanded use of the Fourteenth Amendment from the 1950s through the 1970s.

What are the two opposing sides in which Immigration Law Today revolves around?

1. those who seek to grapple with the issue of the estimated eleven million undocumented immigrants already in this country and the demands of American business for the cheap labor that immigrants provide; 2.are those who prioritize the rule of law and believe undocumented immigrants should be sent home and the borders tightened against the arrival of any more.

Religious Freedom Restoration Act (RFRA)

1993 act which forbids any federal agency or state government to restrict a person's free exercise of religion unless the federal government demonstrates that its action 'furthers a compelling government interest'. - This act, supported by a coalition of ninety religious groups, restored the compelling state interest test for state action limiting religious practice and required that when the state did restrict religious practice, it be carried out in the least burdensome way.

What amendments protect the rights of people who are suspected or accused of committing a crime?

4-8 - protect people against unreasonable searches and seizures, self-incrimination, and cruel and unusual punishment, and guarantee them a right to legal advice, a speedy and public trial, and various other procedural protections.

Miranda v. Arizona (1966)

5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence) - the Miranda ruling could and did result in criminals going free even though the evidence existed to convict them because rights were not read to them.

The Final Vote on Constitution: Notes

9/13 states needed to ratify for it to be law of land, and it met this with all but RI voting for it.

Free Exercise Clause (definition)

A First Amendment provision that prohibits government from interfering with the practice of religion. - guarantees that citizens may freely engage in the religious activities of their choice

What happens to a ballot initiative that receives majority vote? What does opportunity does this offer to citizens?

A ballot initiative that receives a majority vote is adopted and becomes law, completely bypassing the state legislature. - About half of the states have provisions for the initiative, and in California it has become the principal way to make significant changes to state law. - Initiatives offer opportunity in their way for citizens to change things like state marijuana laws, expand state Medicaid coverage through the Affordable Care Act, or enact local state pollution controls.

What is an example of a collective interest that supersedes individual interest in the United States?

A collective interest that supersedes individual interests is generally invoked in the United States only in times of war or national crisis.

Classical Liberalism

A political ideology dating from the seventeenth century emphasizing individual rights over the power of the state - individual rights and non-authoritarianism - emerged from Enlightenment Period and its thinkers such as Locke and Kant - key narrative to Classical Liberalism is the Social Contract

3rd reason on why freedom of expression is valuable:

Allowing free speech in society—even (or especially) speech of which we do not approve—avoids setting a dangerous precedent of censorship. - Censorship occurs when a powerful entity (whether a dictator or a group) decides what information can pass through the channels or even what channels are allowed. - Censorship in a democracy usually allows the voice of the majority to prevail, although we also see examples of elite minorities developing monopolies on information. - One of the reasons to support minority rights as well as majority rule, however, is that we never know when we may fall into the minority on an issue. If we make censorship a legitimate activity of government, we too will be potentially vulnerable to it.

4th reason on why freedom of expression is valuable:

Allows for the free flow of ideas: - Political theorist John Stuart Mill argued that the free traffic of all ideas, those known to be true as well as those suspected to be false, is essential in a society that values truth. - By allowing the expression of all ideas, we discover truths that we had previously believed to be false, and we develop strong defenses against known falsehoods like racist and sexist ideas.

What do Americans believe the Governments role in property is?

Americans believe that government should protect our property, not take it away or regulate our use of it too heavily. Our commitment to individualism is apparent here, too. *Me: Not in book - Property laws and this belief are seen in the 5th and 14th amendments due process clauses, and more specifically the 5ths Taking Clause around eminent domain, where it is says "Nor shall private property be taken for public use, without just compensation." - Eminent domain refers to the power of the government to take private property and convert it into public use.

What does it mean to say that American political culture is procedural?

Americans generally think government should guarantee fair processes—such as a free market to distribute goods, majority rule to make decisions, due process to determine guilt and innocence—rather than specific outcomes.

How and when can states regulate religious behavior?

Americans have an absolute right to believe whatever they want, but their freedom to act is subject to government regulation. - The Court decided in 1940 that there is a difference between the freedom to believe and the freedom to act on those beliefs. - EX: police powers

What are some examples of outgrowths resulting of political correctness?

An outgrowth of the political correctness movement is the - adoption of speech codes on college campuses - banning speech that might be offensive to women and ethnic and other minorities.

How do feminists view pornography?

Argue that pornography represents aggression toward women and should be banned primarily because it perpetuates stereotypes and breeds violence.

How do Accommodationists argue for their position?

Argue that the First Amendment should not prevent government aid to religious groups, prayer in school or in public ceremonies, public aid to parochial schools, the posting of religious documents such as the Ten Commandments in public places, or the teaching of the Bible's story of creation along with evolution in public schools. - Adherents of this position claim that a rigid interpretation of separation of church and state amounts to intolerance of their religious rights or, in the words of Supreme Court Justice Anthony Kennedy, to "unjustified hostility to religion."

What do articles 1,2,3 enumerate in the Constitution?

Article I of the Constitution sets up Congress, our legislature; Article II establishes the presidency, our executive; Article III outlines the federal court system, our judiciary.

Lemon test deciding establishment cases:

As the current rule in deciding establishment cases, the Lemon test is not used consistently - primarily because the justices have not settled among themselves the underlying issue of whether religion and politics should be separate, or whether state support of religion is permissible. - The justices still lean in a separationist direction, but their rulings occasionally nod at accommodationism.

What were the type of narratives being produced at the Constitutional Convention?

As the delegates had hoped, the debates at the Constitutional Convention produced a very different narrative about power and a different system of rules than that established by the Articles of Confederation. - Many of these rules were compromises to resolve the conflicting interests brought by delegates to the convention. - In fact, the importance of political compromise became one of the prevailing narratives that emerged from the convention and that still carries considerable weight today.

At a minimum, what do citizens posses in a democracy?

At a minimum, they possess certain rights, or powers to act, that government cannot limit, although these rights vary in different democracies.

Political Participation in the Colonies: Religion

At least in the earliest days of colonial government, the tightest requirements for voting were moral or religious qualifications. - The northern colonies, especially, were concerned about keeping the ungodly out of government. EX: 3/4 of MA population in 1640 couldn't vote due to religious tests. By 1691 however, Massachusetts had moved into line with Virginia and the other colonies that based an individual's political rights on his wealth rather than his character.

Why do rights conflict?

Because rights represent power, they are, like all other forms of power, subject to conflict and controversy. - Often for one person to get his or her own way, someone else must lose out.

What did the leaders begin to believe and search for after Shays's Rebellion?

Began to question their new government, wondering if it truly needed a stronger national government. There was already meetings happening about finding a solution in a national government and this solidified it. - In their minds, it underscored the importance of discovering what James Madison would call "a republican remedy for those diseases most incident to republican government. So.... -> The leaders began to search for a way to contain and limit the will of the people in a government that was to be based on the will of the people. -> If the rules of government were not producing the "right" winners and losers, then the rules would have to be changed before the elite lost control of their narrative and the power to change the rules. * Happened as they began to fear the failure of their experiment in self-governance, and the rebellion challenged their beliefs.

Racism (defintion)

Belief that one race is superior to another

Why were the Anti-Federalists opposed to the Constitution? What did they believe?

Believed that if the government could be kept small and local, and popular scrutiny truly vigilant, then Americans could live happy and contented lives without getting involved in the seamier side of politics. - If America did not stray from its rural roots and values, it could permanently avoid the creeping corruption that they believed threatened it.

What did Women do to support war effort?

Boycotts, actions of the Daughters of Liberty, and even political behavior - They boycotted tea and other British imports, sewed flags, made bandages and clothing, nursed and housed soldiers, and collected money to support the Continental Army. - Under the name Daughters of Liberty, women in many towns met publicly to discuss the events of the day, spinning and weaving to make the colonies less dependent on imported cotton and woolens from England, and drinking herbal tea instead of tea that was taxed by the British. - Some women moved beyond such mild patriotic activities to outright political behavior, writing pamphlets urging independence, spying on enemy troops, carrying messages, and even, in isolated instances, fighting on the battlefields.

Norms that Support Checks & Balances:

Branches have to make it work for it to work. - Compromise/Oversight: the two houses of Congress have to compromise and to hold the president to account through oversight and by withholding consent to unqualified appointments. The president has to veto bills he disagrees with on policy grounds or that the country cannot afford in some way. - Independent: the Courts have to truly be independent—not loyal to the person who appointed them but loyal to the country and the Constitution. *- The founders expected checks and balances to hold even if a single party held Congress and the White House; they would have chosen a parliamentary system if they wanted the Congress to rubberstamp executive action or the Courts to take partisan sides.

British Attempts to Gain Control of the Colonies: Context

Britain was deeply in debt, having won the French and Indian War - Britain, having done its protective duty as a colonial power and having taxed British citizens heavily to finance the war, turned to its colonies to help pay for their defense. - It chose to do that by levying taxes on the colonies and by attempting to enforce more strictly the trade laws that would increase British profits from American resources.

Reasons for Leaving England: Notes

British subjects came to America to make their fortunes, to practice their religions without interference, to become landowners—to take advantage of a host of opportunities that England, still struggling to throw off the straightjacket of the middle ages, could not offer. * Looking back the colonists were obviously not aware of the major changes about to occur in England, with political thinkers beginning to reject the idea that monarchs ruled through divine right, would favor increasing the power of Parliament at the expense of the king, and would promote the idea that individuals were not merely subjects but citizens, with rights that government could not violate.

What did Madison say in regard to his belief on why checks would work as a solution to corruption and tyranny? (No. 51)

Building his case on a potential defect of human character, he said, "Ambition must be made to counteract ambition." - If men tend to be ambitious, give two ambitious men the job of watching over each other, and neither will let the other have an advantage.

2nd reason on why freedom of expression is valuable:

By being free to voice criticism of government, to investigate its actions, and to debate its decisions, both citizens and journalists are able to exercise an additional check on government that supplements our valued principle of checks and balances. - This watchdog function of freedom of expression, again, potentially raised to new levels in a hypermediated age, helps keep government accountable and less likely to step on our other rights.

In what ways does the Constitution enhance the citizens ability for opportunity?

By leaving considerable power at the state and local levels - where citizens participate in local government, on school boards and in parent-teacher organizations, in charitable groups, and in service organizations.

Why did the full implementation of Patient Protection and the Affordable Care Act (ACA) raise concerns over religious freedom?

By saying that employer-based health insurance should provide birth control coverage it was seen as contradictory to the 2012 ruling in the Supreme Court, in Burwell v. Hobby Lobby - it was said that corporations that are not publicly traded (so-called closely held corporations) did not have to provide such coverage if it violated the owners' religious beliefs. This case not only upheld the right of employers not to provide contraception coverage if it conflicted with the employer's religious beliefs, but it also affirmed that right for some kinds of corporations as well as for individuals.

Regulating the Border (Notes)

CONTEXT: The Mexican border, bordering states such as CA and TX, has often had serious problems brought on by unregulated immigration. ISSUES: - communities are finding themselves swamped with new residents, who are often poor and unskilled. - due to the children being brought in and having to be provided an education, and the immigrants themselves being entitled to receive social services, they can pose a significant financial burden on those communities. - Some undocumented immigrants work off the books, meaning they do not contribute to the tax base. > Furthermore, most income taxes are federal, and federal money is distributed back to states and localities to fund social services based on the population count in the census. Since undocumented immigrants are understandably reluctant to come forward to be counted, their communities are typically underfunded in that respect as well. BUT.... - should also be noted that many undocumented immigrants act just like citizens, obeying laws, paying taxes, and sending their children to school. Many well integrated already into their communities, and this makes the political solution of kicking them out a formidable one. This is why many find amnesty or a reformed path to citizenship more practical.

How can we understand what Men's understanding was in regard to Women in early American Politics? What was it?

Can see in Thomas Jefferson writing to a Woman in 1788, it shows us that their role was seen by Men as domestic and not political, as they were "too good" for it. TJ said, " But our good ladies, I trust, have been too wise to wrinkle their foreheads with politics. They are contented to soothe & calm the minds of their husbands returning ruffled from political debate. They have the good sense to value domestic happiness above all others. There is no part of the earth where so much of this is enjoyed as in America." - So, Women's role with respect to politics at the time was plain: they may be wise and prudent, but their proper sphere was the domestic, not the political, world. They were seen as almost "too good" for politics, representing peace and serenity, moral happiness rather than political dissension, the values of the home over the values of the state.

Civil Rights (definition)

Citizenship rights guaranteed to the people and protected by the government. (primarily in the Thirteenth, Fourteenth, Fifteenth, Nineteenth, and Twenty-sixth Amendments) - When we speak of civil rights, we most often mean that the government must treat all citizens equally, apply laws fairly, and not discriminate unjustly against certain groups of people.

What was true goal of the Declaration of Independence?

Clear goal of the document was to discredit George III so thoroughly that this revolution became inevitable in the eyes of every American, and the world. - some of the things he was blamed for were the acts of Parliament, not of the king at all. * Perhaps because the colonists intended to have some sort of parliament of their own, or perhaps, as some scholars have argued, because they simply did not recognize Parliament's authority over them

What is "coercive" federalism? Why do critics call cooperative federalism this?

Coercive federalism: when the states are pressured to adopt national solutions to their local problems with minimal state input. - Cooperative federalism is called this because the federal government has used the restrictive rules of categorical grants and the economic threats that provide the muscle of unfunded mandates

Cohen v. California (1971)

Cohen wore a jacket in L.A. courthouse that said "f*ck the draft" in the name of protesting Vietnam - arrested for disturb gin the peace, as it violated California's law against "maliciously and willfully disturbing the peace or quiet of any neighborhood or person . . . by . . . offensive conduct." -Supreme court overturned the conviction ruling that political expression is protected by 1st amendment. - The Court held that this message was not directed to any specific person who was likely to see the jacket and, further, there was no evidence that Cohen was in fact inciting anyone to a disturbance. Those who were offended by the message on Cohen's jacket did not have to look at it.

Congressional Strategy to Influence States: Option 3 (block grants)

Combines broad program requirements and regulations with funding from the federal treasury. - Block grants give the states considerable freedom in using the funds in broad policy areas. - State officials find support here from conservative politicians at the national level who, despite the electoral advantages to be gained from them, have long balked at the detailed, Washington-centered nature of categorical grants.

What helped lead to the development of the Declaration of Independence, crystalizing the colonial leader's thinking?

Common Sense by Thomas Paine - Even in the midst of war, the colonists did not at first clearly articulate a desire for independence from England. ->But the publication of the pamphlet Common Sense, written by the English-born Thomas Paine, turned their old ideas upside-down. - Paine called for the rejection of the king, for independence, and for republican government, and his passionate writing crystallized the thinking of the colonial leaders.

What were some examples of restrictions surrounding civil liberties after WWII?

Communism was seen as a great threat to America, and the suspicion or accusation of being involved in communism was enough to stain a person's reputation irreparably, even if there were no evidence to back up the claim. Many careers and lives were ruined in the process. The clear and present danger test did not protect them. - As the communist scare picked up speed after the war, the McCarran Act of 1950 required members of the Communist Party to register with the U.S. attorney general. - At the same time, Sen. Joseph McCarthy was conducting investigations investigations of American citizens to search out communists, and the House Un-American Activities Committee was doing the same thing.

What groups or companies opposed the legislation which addressed downloadable entertainment? Why?

Companies like Google, Yahoo, Bing, Facebook, Twitter, and Tumblr - they depend on open Internet access so they opposed the legislation, claiming it would require them to censor their users' practices and stifle free speech and innovation. - Many of them went dark or threatened to do so in protest of the bills, and leaders in both houses postponed votes, effectively killing the proposed legislation in its current form. - The issue of the protection of intellectual property rights on the Internet remains unresolved.

For the Founders, what was Federalism a compromise of?

Compromise between those who wanted stronger state governments and those who preferred a stronger national government. - Both sides knew that the rules dividing power between the states and the federal government were crucial to determining who would be the winners and the losers in the new country.

What are the two conflicting narratives on who we are as a nation?

Conflict not on whether we are immigrants, but what an immigrant becomes after the fact. 1. that we are a melting pot, implies that the United States is a vast cauldron into which go many cultures and ethnicities, all of which are boiled down into some sort of homogenized American stew. (effect of immagration should disapear) 2. that we are a multicultural nation in which each individual ethnic and religious identity should be preserved and honored, lest its distinctive nature be lost. (sees effect of immigrants not leaving, but kept to recognize and celebrate)

What is an example of a conflict over "obscenity" ?

Conflicts over what one man finds obscene and another not can be seen in things like - adult bookstores - nude dancing at bars - naked women on magazine covers at the supermarket - some people carry the notion of obscenity further, arguing that even selling violent video games to minors is obscene *all of these have people both calling to be banned and people who see nothing wrong with it and engage in it

Restrictions of speech around WWII:

Congress again began to fear the power of foreign ideas, especially communism, which was seen as a threat to the American way of life. - The Smith Act of 1940 made it illegal to advocate for the violent overthrow of the government or to belong to an organization that did so.

What did congress do in response to RFRA being ruled unconstitutional?

Congress amended the act in 2003 to apply only to the federal government - the Supreme Court in 2006 affirmed the amended federal RFRA when it ruled that the act protected a New Mexico church's use of tea containing an illegal substance for sacramental purposes, reinstating the compelling state interest test.

What were congresses powers under the Articles of Confederation?

Congress had many formal powers, but were rather limited in powers overall. ->Had the power to establish and direct the armed forces, to decide matters of war and peace, to coin money, and to enter into treaties. ->Limited because although Congress controlled the armed forces, it had no power to draft soldiers or to tax citizens to pay for its military needs. At mercy of states because: - Its inability to tax put Congress and the central government as a whole—at the mercy of the states. This is because they could ask, but it was up to the states to contribute or not as they chose.

Why has congress recently been resisting the block grant approach?

Congress has generally resisted the block grant approach for both policy and political reasons. In policy terms, many members of Congress fear that the states will pursue their own agendas instead of what Congress intends. - This is because it is impossible to control how the states deal with particular problems under block grants. - Congress also has political objections to block grants. When federal funds are not attached to specific programs, members of Congress can no longer take credit for the programs. If Congress allows the states to assume that control, interest groups have less incentive to make congressional campaign contributions also.

Flag Protection Act of 1989

Congress passed this act so burning the flag was illegal; Court struck it down - passed after many Americans were fired up after court ruling in favor of allowing the flag to be burned

Non-Immigrants

Consists of those who come to the United States not as legal permanent residents. -EX: Refugees, foreign government officials, or even those ion student visas.

Necessary and Proper Clause (Elastic Clause)

Constitutional authorization for Congress to make any law required to carry out its powers - (Article I, Section 8, Clause 3) 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 to carry out all powers the Constitution vests in the national government

Supremacy Clause (definition)

Constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land

Political Participation in the Colonies: Property

Conventional British wisdom held that if you didn't own property, you were unlikely to take a serious interest in government. Gradually the colonies adopted that view and... - began to require of voters some degree of property ownership or, later, tax-paying status.

What is DACA?

Deferred Action for Childhood Arrivals - policy that allowed children brought in without documentation to apply for a two-year, renewable exemption from deportation during which time they would be eligible for work permits. - passed by Obama through executive order

Employment Division v. Smith (1990)

Determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so. Neutral laws of general applicability do not violate the Free Exercise Clause of the First Amendment. - Under the Smith ruling, a number of religious practices have been declared illegal by state laws on the grounds that the laws do not unfairly burden any particular religion.

Divide in the Economic Dimension

Divide seen here between ideologies in terms of how much the Government plays a role in the economy. Such as with governemnt regulations. - has been seen since the Great Depression in the 1930s and Franklin D. Roosevelt's New Deal (a set of government policies designed to get the economy moving and to protect citizens from the worst effects of the Depression),

What does Dual Federalism reflect?

Dual federalism reflects the formal distribution of powers in the Constitution, and perhaps it was an accurate portrayal of the judicial interpretation of the federal system for our first hundred years or so.

National Security: Individual rights vs needs of society

EX: After 9/11 - Americans were deeply afraid. - Determined to prevent a repeat of the horrific attacks, the government federalized airport security and began screening passengers, searching luggage, and allowing armed agents on airplanes. - Officials scrutinized the backgrounds of tourists and students from the Middle East and kept a close eye on Arab Americans they suspected of having ties to terrorist organizations. - USA Patriot Act was passed ^ All these measures may have increased the security of U.S. citizens, but they also reduced their civil liberties.

What was happening in regards to domestic politics under the Articles of Confederation?

Economic conditions were poor, as the government under the Articles of Confederation not really conducting business with other countries, and enforcing harmonious trade relations and treaties. - Many people had debts they could not pay. - State taxes were high - The economy was depressed, offering farmers few opportunities to sell their produce, for example, and hindering those with commercial interests from conducting business as they had before the war. - Radical poverty seemed particularly unjust to those hardest hit, especially in light of the rhetoric of the Revolution about equality for all.

Elite Democracy (Democratic Narrative)

Elite democracy is a narrative that sees democracy merely as a process of choosing among competing leaders; - for the average citizen, input ends after the leader is chosen.

When has the court rejected Compelling State Interest?

Employment Division, Department of Human Resources v. Smith (1990)

Weeks v. United States (1914)

Established exclusionary rule - evidence gotten without a warrant isn't admissable in a federal court

Mapp v. Ohio (1961)

Established exclusionary rule into state as well as federal practice - illegally obtained evidence cannot be used in court

Gitlow v. New York (1925)

Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14 - This was a clear shift of power from the states to the national government to determine what rights states had to protect, a shift that came as it so often does at the hands of the Supreme Court.

Griswald vs. Connecticut (1965)

Established right of privacy through 4th and 9th Amendments. - rights actually in constitution set a "zone of privacy" essentially creating a penumbra of rights that fall under them - Set a precedent for Roe vs. Wade

Article 2: Section 2

Establishes the powers of the chief executive. - He is commander-in-chief of the armed forces and of the state militias when they are serving the nation - He has the power to grant pardons for offenses against the United States. - With the advice and consent of two-thirds of the Senate, the president can make treaties - With a simple majority vote of the Senate the president can appoint ambassadors, ministers, consuls, Supreme Court justices, and other U.S. officials whose appointments are not otherwise provided for.

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay. - both state and federal right to counsel

What compromise did the founders reach at the Constitutional Convention?

Federalism - Unlike a confederation, in which the states retain the ultimate power over the whole, federalism gives the central government its own source of power, in this case the Constitution of the people of the United States. But unlike a unitary system, federalism also gives independent power to the states.

Federalism: Increased Access to Government (interest groups)

Federalism also enhances the power of interest groups in that it provides a variety of government levels at which different groups can try to gain political advantage. Often a group that is not successful at one level can try again at another and "shop" for institutions or agencies that are more receptive to its requests.

Federalism: Flexibility at Local Level

Federalism gives the government considerable flexibility to preserve local standards and to respond to local needs —that is, to solve problems at the levels at which they occur. EX: local traffic laws, community school policies, and city and county housing codes.

Federalism: Increased Access to Government (Citizens)

Federalism provides real power at levels of government that are close to the citizens. Citizens can thus have access to officials and processes of government that they could not have if there were just one distant, national unit.

Why should the national government care so much about what the states do?

First, from a Congress member's perspective, it is easier to solve many social and economic problems at the national level, especially when those problems, like race discrimination or air pollution, affect the populations of multiple states. I - n some instances, national problem solving involves redistributing resources from one state or region to another, which individual states, on their own, would be unwilling or unable to do. Second, members of Congress profit electorally by passing laws and regulations that bring to their states resources, such as highway funds; welfare benefits; urban renewal money; and assistance to farmers, ranchers, miners, and educators. - Doing well by constituents gets incumbents reelected. Third, sometimes members of Congress prefer to adopt national legislation to preempt what states may be doing or planning to do. - In some cases they might object to state laws, as Congress did when it passed civil rights legislation against the strong preferences of the southern states.

When did information begin to be edited independent of those in power?

Following the development of the printing press in 1439, more people gained literacy. Information could be mediated independently of those in power, and competing narratives could grab a foothold.

Furman v. Georgia (1972)

Found that the imposition of capital punishment was often racist and arbitrary. Court ordered a halt to all death penalty punishments in the nation until a less arbitrary method of sentencing was found - followed NAACP and ACLU pushing that the death penalty was disproportionately given to African Americans, especially those convicted of rape.

The Senate: Context/Intentions

Founders intended for them to be older, wiser, and hoped, more stable than the representatives in the House. - Senators were originally elected not directly by the people (changed with the 17th amendment) but by members of their state legislatures. - Election by state legislators, themselves already a "refinement" of the general public, would ensure that senators were a higher caliber of citizen: more in tune with "the commercial and monied interest," interest," as Elbridge Gerry put it at the Constitutional Convention. - The Senate would thus be a more aristocratic body; that is, it would look more like the British House of Lords, where members are admitted on the basis of their birth or achievement, not by-election.

Knowing freedom of speech is so valuable, why is it controversial?

Free speech requires tolerance of ideas and beliefs other than our own, even ideas and beliefs that we find personally repugnant. - Those who are convinced that their ideas are absolutely and eternally true see no real reason to practice tolerance, especially if they are in the majority. It is clear to them that language they view as false or objectionable should be silenced to create the sort of society they believe should exist. - For them, there is really only one ultimate channel of information that counts. In addition, conflicting ideas about what constitutes the public interest—well-meaning or engineered by a third party—can sometimes lead reasonable people to disagree about whether speech ought to be protected or restricted.

4th Amendment

Freedom from unreasonable searches and seizures - "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"

Why is freedom of expression valuable to citizens?

Freedom of speech can help to empower citizens and limit government in four ways: 1). freedom of expression information flow which allows citizens to participate wisely in influencing governmental decision making 2). Freedom of expression allows for citizens and journalists to keep government in check 3). prevents censorship in society 4). Freedom of expression allows for the free flow of ideas: help to uncover truth

Restrictions around speech during WWI:

Freedom of speech/press in shams for Americans especially for those who spoke out against the status quo. - They wanted to restrict the "dangerous" ideas seen in Europe at the time to keep them out of America. Such as ideas around socialism, anarchism, revolution and labor unions. - 1917 Espionage Act.

Bowers v. Hardwick (1986)

Georgia was allowed to ban homosexual sexual activity - Equal protection and due process not extended to same-sex relationships.

Procedural Guarantees

Government assurance that the rules will work smoothly and treat everyone fairly, with no promise of particular outcomes

The Government of the United States is the product of whose decisions? What were these decisions based on?

Government in the United States is the product of particular decisions the founders made about the who, what, and how of American politics.

Arguments in defense of the 2nd Amendment today:

Gun advocates' narrative that the right to bear arms should be unregulated has at least four components: 1). argue that hunting and other leisure activities involving guns are an important part of American culture. 2).they claim that possession of guns is necessary for self-defense. 3). citizens should have the right to arm themselves to protect their families and property from a potentially tyrannical government, just as the American revolutionaries did. 4). the government's effort to regulate guns constitutes illegitimate use of federal power.

What narrative did Hamilton push about the Judicial Branch? Why did he say this?

Hamilton created a reassuring narrative that, as long as government functions are separate from one another, then the judiciary "will always be the least dangerous to the political rights of the Constitution; because it has the least capacity to annoy or injure them." Why did he say this? Because the executive "holds the sword," and the legislature "commands the purse." - The judiciary, controlling neither sword nor purse, neither "strength nor wealth of the society," has neither "FORCE nor WILL but merely judgment."

With the Declaration of Independence saying "all men are created equal," and with the given the situation in America in regards to slaves, why was this written?

Have to look at what Locke meant, as the document relies heavily on Locke. - Locke in his most famous work, A Second Treatise on Government, Locke wrote, " Though I have said above that all men are by nature equal, I cannot be supposed to understand all sorts of equality. Age or virtue may give men a just precedency. Excellency of parts and merit may place others above the common level. Birth may subject some, and alliance or benefits others, to pay an observance to those whom nature, gratitude, or other respects may have made it due." - So, Men are equal in a natural sense, said Locke, but society quickly establishes many dimensions on which they may be unequal. A particularly sticky point for Locke's ideas on equality is his treatment of slavery, which he did not endorse but ultimately failed to condemn.

Near v. Minnesota (1931)

Held that the 1st Amendment protects newspapers from prior restraint. - the Court held that a Minnesota law infringed on a newspaper publisher's freedom of the press.

How does the Politics in a Presidential system differ from that of a Parliamentary system in regards to Elections?

How intertwined the Legislative and Executive are in the systems is different. - If the party has a serious loss of faith or "confidence" in the prime minister, it can force the prime minister out of office. Thus the prime minister has a strong incentive to cooperate with the legislature. - The British prime minister in their system for example has the power to call parliamentary elections at will within a five-year period and consequently can threaten the jobs of uncooperative members of parliament or, conversely, can time the elections to take place when the party's fortunes are high. -> One result of this close relationship between executive and legislative is that the ties of political party members are strong in a parliamentary system.

Federalism: Public Policy Experimentation

If all laws and policies need not be uniform across the country, then different states may try different solutions to common problems and share the results of their experiments, making states "laboratories of democracy," in the words of one Supreme Court Justice. EX: the popularity and success of the health care policy passed in Massachusetts under Governor Mitt Romney in 2006 became the model for President Obama's Affordable Care Act four years later.

How did Jefferson use Locke's teachings to ignite revolution?

If rights not protected by rulers, the ruled can break the social contract and are then free to set up another government. - Jefferson could justify the American Revolution if he could show that Britain had broken such a contract by violating the colonists' rights. - So, he spelled out all the things that King George III had allegedly done to breach the social contract in the Declaration of Independence. (listed grievances)

Where does Immigration Law made in the United States?

Immigration law is generally made by Congress with the approval of the president.

1st reason on why freedom of expression is valuable:

In a democracy, citizens are responsible for participating in their government's decisions. Democratic theory holds that, to participate wisely, citizens must be informed about what their government is doing. - This requires, at the least, a free press, able to report fully on government's activities. - Otherwise, citizens are easily manipulated by those people in government who control the flow of information. - Mediated citizenship gives us many more channels through which to access information, but that also means many more channels to monitor for truth and reliability.

Why would political elites in the new country grumble about political tyranny?

In a monarchy, one feared the unrestrained power of the king, but perhaps in a republican government one had to fear the unrestrained power of the people. - last straw being Shays's Rebellion, which led to them implementing a stringer national government at the constitutional convention

John Marshall: Gibbons v. Ogden

In deciding that New York did not have the right to create a steamboat monopoly on the Hudson River, Marshall focused on the part of Article I, Section 8, that allows Congress to regulate commerce "among the several states." He interpreted commerce very broadly to include almost any kind of business, creating a justification for a national government that could freely regulate business and that was dominant over the states.

When are unfunded mandates more attractive to members of congress?

In periods of ballooning national deficits, when the national government has no money to spend.

Federalism refers to what in the United States?

In the United States, federalism refers to the relationship between the national government (also frequently, but confusingly, called the federal government) and the states. - Each level has some power independent of the other levels so that no level is entirely dependent on another for its existence. - Federalism is a political system in which authority is divided between different levels of government.

With the Revolution being a mixed blessing for African Americans, what were the negatives?

In the aftermath of the war, African Americans did not find their lot greatly improved, despite the ringing rhetoric of equality that fed the Revolution. - The economic profitability of slave labor still existed in the South, and slaves continued to be imported from Africa in large numbers. - Could still not be treated as "equals" because they were still viewed as property, and not men. ->> Led to even free blacks not being welcomed in many communities. EX: By 1786 New Jersey prohibited free blacks from entering the state, and within twenty years northern states had started passing laws specifically denying free blacks the right to vote.

Norms that Support the Judiciary:

Independence: They wanted a judiciary to have independence from political and public influence, hence the grant of lifetime tenure. Powerful: At least wanted by Federalists, who also wanted the federal judiciary to be supreme, something they spelled out gently because it was still a sore spot with Anti-Federalists, but that was reinforced with subsequent rulings. Non-Partisan: wanted the Court to be perceived as above politics, and one way to achieve that illusion was for the court to remain nonpartisan in its rulings. Rulings would undoubtedly have political impact but not show blatant support for the agenda of one party over another.

Freedom: As an American value

Individual/Economic Freedom - Freedom of the Individual to not be restrained by the state. - Economic freedom, is the freedom to participate in the marketplace, to acquire money and property, and to do with those resources pretty much as we please. - This view of freedom is procedural in the sense that it provides that no unfair restrictions should be put in the way of your pursuit of what you want, but it does not guarantee you any help in achieving those things.

What is the difference between Individualism and Collectivism in relation to political culture?

Individualism holds that individuals are seen as responsible for their own well-being. This is contradictory to the Collectivist point of view which revolves around giving the government or society some responsibility for individual welfare. Collectivism holds that what is good for society may not be the same as what is in the interest of individuals.

Initially, what was the African American situation in the colinies?

Initially, Africans in America were subject to the same laws and codes of behavior as Europeans there.

Political Participation in the Colonies: Race

Initially, Africans in America were subject to the same laws and codes of behavior as Europeans there. Slavery proved economically profitable even in the more commercial areas of New England, but it utterly transformed the tobacco plantations of Maryland and Virginia.

Cheif Justice John Marshall:

Institutionalized Judicial Review in his ruling over Marbury v Madison. - Marshall ruled that the Supreme Court is the ultimate interpreter of when laws are unconstitutional. Barbour, Christine. Keeping the Republic.

How has modern technology made it difficult for lawmakers when dealing with outlets of expression?

Issues of if electrical expressions (websites) fall under same legislation and protections as nonelectrical (books) in regards to expression. Why? - Just as there are books and magazines whose explicit content is not protected free speech, some web sites contain explicit sexual material, obscene language, and other content that many people find objectionable. Since children often find their way onto the Internet on their own, parents and groups of other concerned citizens have clamored for regulation of this medium.

Congressional Strategy to Influence States: Option 4 (unfunded mandates)

It imposes specific policy requirements on the states but does not provide funds to pay for those activities. - Rather, Congress forces states to comply either by threatening criminal or civil penalties or by promising to cut off other, often unrelated, federal funds if the states do not follow its directions.

What was the Three-Fifths Compromise based on?

It was based on a formula developed by the Confederation Congress in 1763 to allocate tax assessments among the states. According to this compromise, for representation purposes, each slave would count as three-fifths of a person, every five slaves counting as three people.

Why did the founders push for restricting sedition?

It was felt that criticism of government undermined authority and destroyed patriotism, especially during wartime. - despite them doing exact thing to spew revolution against England - them doing so made them realize the consequences of seditious activity, and know that they were the government they were weary of it.

How did Jefferson explain the benefits of a bicameral legislature?

Jefferson got this from George Washington, who said, "just as one would pour one's coffee into the saucer to cool it off , we pour legislation into the senatorial saucer to cool it." - In reality, each chamber has served to cool the passions of the other; this requirement that laws be passed twice has helped keep the American legislature in check over time.

John Marshall: Notes

John Marshall, the third chief justice of the United States, was a man committed to the Federalist narrative about strong national power. - His rulings did much to strengthen the power of the national government both during his lifetime and after. The 1819 case of McCulloch v. Maryland set the tone,

Despite the founders wanting judges to stay out of politics, what tool were they given to do so when necessary?

Judicial Review - allows the Supreme Court to rule that an act of Congress or the executive branch (or of a state or local government) is unconstitutional, that it runs afoul of constitutional principles.

How was the inescapable possibility of views regarding what is considered "obscene" be explained?

Justice John Marshall Harlan was quite right when he wrote that - "one man's vulgarity is another man's lyric"

What did congress lack in terms of powers? What did this result in?

Lacked powers surrounding taxation and commerce led congress to being at the mercy of the states and not being able to establish common and stable monetary system. Expanded: - Although Congress controlled the armed forces, it had no power to draft soldiers or to tax citizens to pay for its military needs. - Its inability to tax put Congress and the central government as a whole—at the mercy of the states. This is because they could ask, but it was up to the states to contribute or not as they chose. - They also lacked the ability to regulate commerce between states, and between states and foreign powers. So, It could not establish a common and stable monetary system.

The emphasis on "local standards" in regard to the Miller test led to what?

Led to pornographers just looking for those places with the most lenient definitions of obscenity in which to produce and market their work - the Court has let this practice go on.

What is Legislative power?

Legislative power is lawmaking power. - Laws can be created by a single ruler or by a political party, they can be divined from natural or religious principles, or they can be made by the citizens who will have to obey the laws or by representatives working on their behalf.

Baze v. Rees (2008)

Lethal injection has not been shown to violate the Eighth Amendment prohibition on cruel and unusual punishments and thus this method of execution is permissible.

How were Locke's views on slavery taken by founder?

Locke's ideas on equality is his treatment of slavery, which he did not endorse but ultimately failed to condemn. Founders also held the same ambivalence on slavery and equality. - Can be seen in a passage that Jefferson included in the original draft of the Declaration, where he said, "He [George III] has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere or to incur miserable death in their transportation thither." - Blaming King George for the institution of slavery, and including it on a list of behaviors so horrible that they justify revolution, was an amazing act on the part of a man who not only owned slaves himself but also was writing on behalf of many other slave owners. His action shows just how politically confusing and morally ambiguous the issue was. **** ^ Remember the Passage was deleted and not in the actual document

What are the two main ideologies in America? What ideologies have never had success in America historically speaking?

MAIN: Liberal and Conservative NEVER: Socialism/Communist > due to the ideologies pushing the limits of America's procedural and individualistic culture too far, especially in the economic realm.

How did Madison think we could control factions while maintaining liberty? ( Fed. 10)

Madison believed that the effects of factions were easily managed in a large republic. - First of all, representation would dilute the effects of factions - In addition, if the territory were sufficiently large, factions would be neutralized because there would be so many of them that no one would be likely to become a majority. - Furthermore, it would be difficult for people who shared common interests to find one another in a large republic.

What did Madison say was the biggest difficulty in framing a government? How did the founders resolve this?

Madison said that, "In framing a government which is to be administered administered by men over men, the great difficulty is this: you must first enable the government to control the governed; and in the next place oblige it to control itself." - The founders used separation of powers and checks and balances to oblige government to control itself, to impose internal limitations on government power in order to safeguard the liberty of the people.

Federalists No. 10

Madison tried to convince Americans that a large country was no more likely to succumb to the effects of special interests and factions than a small one (preferred by the Anti-Federalists).

What issues have come from filtering software?

Many companies and institutions use them to screen offensive incoming email, but such filters often have unwanted consequences. - Since the filters cannot evaluate the material passing through, they can end up blocking even legitimate messages and publications. EX: One editor of a newsletter on technology has resorted to intentionally misspelling words (for example, writing "sez" instead of "sex") to avoid the automatic sensors that screen many of his readers messages.

While the federal law appeared to be in jeopardy over religious freedom what did many states do?

Many states passed their own RFRAs to protect religious practices at the state level, and they have been used to protect a variety of controversial practices on religious grounds - including the denial of services and rights to those in the LGBTQ community. - Such laws came again in 2015 and 2016 in the wake of the Supreme Court's ruling that constitutionalized marriage equality.

How did Marshall interpret the Necessary and Proper Clause?

Marshall did not interpret the word necessary to mean "absolutely essential," but rather he took a looser view, holding that Congress could do whatever was "appropriate" to execute its powers. - If that meant chartering a bank, then the necessary and proper clause could be stretched to include chartering a bank. - Furthermore, Maryland could not tax the federal bank because "the power to tax involves the power to destroy." If Maryland could tax the federal bank, that would imply the state had the power to destroy the bank, making Maryland supreme over the national government and violating the Constitution's supremacy clause, which makes the national government supreme.

Why did Shay's Rebellion happen?

Massachusetts was a state whose legislature, dominated by wealthy and secure citizens, had not taken measures to aid the debt-ridden population. - Farmers could not sell their goods and pay their taxes. This led to farmers having their land seized being thrown in jail. They wanted the government to print paper money and make new policies to help them.

A major political recourse that helps people to gain and maintain power is the ability to control the _____

Media

Conflict of media and a right to a free trial:

Media coverage of a crime can make it very difficult to find an "impartial jury," - On the other side of this conflict, however, is the "public's right to know." - The 6th Amendment promises a "speedy and public trial," and many journalists interpret this provision to mean that the proceedings ought to be open. - On the whole the Court has ruled in favor of media access to most stages of legal proceedings, and courts have been extremely reluctant to uphold gag orders, which would impose prior restraint on the press during those proceedings

What could explain the lack of legislation and protections passed regarding the Internet?

Members of Congress know next to nothing about how social media works, making it likely that we will leave the wolves in charge of the digital henhouse. - many are old and are out of touch with technology and don't understand its tru extent/power

National Executives: Details

National executives are the leaders of their countries, and they participate, with varying amounts of power, in making laws and policies. - That role can range from the U.S. president, who, while not a part of the legislature itself, can propose, encourage, and veto legislation, to European prime ministers, who are part of the legislature and may have, as in the British case, the decisive power to dissolve the entire legislature and call a new election.

What is national inaction? What has this resulted in?

National inaction in terms of no passing legislation due to gridlock has left a policy vacuum being filled with state policy initiatives. - National inaction coming from things like the conservative Republican controlled congresses resisting every initiative put forth by the Obama administration, and similarly, President Obama was not shy about using the veto when Congress sent him bills that did not fit with his agenda.

Native Americans and the Revolution:

Native Americans were another group the founders did not consider to be prospective citizens. - Their views, such as those on communal property holding, non-monarchical political systems, and their divisions of labor between women working in the fields and men hunting for game were not compatible with European political notions. - After being pushed farther and farther west by land-hungry colonists, the Indians were actively hostile to the American cause in the Revolution.

8th Amendment

No cruel or unusual punishment - controversy around what is "cruel" and what is "unusual"

The Constitution and Federalism: Notes

No single section of the Constitution deals with federalism. - Instead, the provisions dividing up power between the states and the national government appear throughout the Constitution. - Local government is not mentioned in the Constitution at all, because it is completely under the jurisdiction of the states. - Most of the Constitution is concerned with establishing the powers of the national government.

When history is written, is it written from absolute truth?

No. - People write history not from a position of absolute truth but from particular points of view. * Maybe leads to a bias in historical documents, portraying certain figures in a better lighting. Due to this, we must use critical thinking to figure out which point of view is being written from, and probe questions from that. EX: Who is telling the story? What point of view is being represented? What values and priorities lie behind it? If I accept this interpretation, what else will I have to accept?

"Ordinary" Citizen in American Founding: Notes

Not all the actors during the founding period were among the top tier of political, economic, and religious leadership. - Just because the Revolution and the government-building that followed it were not the product of ordinary citizens zealous for liberty does not mean that ordinary citizens had nothing to do with it. - Citizenship as we know it today was a fledgling creation at the time of the founding. The British had not been citizens of the English government but subjects of the English Crown. Big difference. - The source for these new ideas about citizenship was Enlightenment thinking. - Having transitioned from subject-hood to citizenship is not to say that citizenship conferred equal rights. EX: African Americans and Native Americans in founding. - Its easy to look back and criticize the founders on this, but we should remember that the whole project of citizenship was new to the founders and that in many ways they were far more democratic than any who had come before them.

Norms that Support the Legislature

Not in the constitution so they are norms or unwritten laws. Which are essentially just the founding principles that keep it running smoothly in Congress. - compromise - dignity (in regards to the senate) - good sportsmanship

How does the court view offensive language?

Not protected by the First Amendment, however it may occasionally contain a political message, in which case constitutional protection applies. - EX: Cohen v California (1971)

After slavery was excepted in the Colonies, what changed for African Americans?

Not surprisingly, as slavery became accepted in the colonies, the rights of blacks were gradually stripped away. Now viewed as property. EX: - In the 1640s, Maryland denied blacks the right to bear arms. - A 1669 Virginia law declared that if a slave "should chance to die" when resisting his or her master or the master's agent, this was also not considered a felony (crime with malice), as slaves were considered property. - 1680s, free blacks were forbidden to own property, the only access to political power that colonial society recognized.

Why might an official be subject to a recall election?

Officials may be subject to recall elections for ethical violations, or for other issues on which voters feel the official has broken faith with them.

What was the question after the Constitutional Debate after agreeing to Federalism?

Once the convention delegates agreed that federalism would provide the framework of the new government, they had to decide how to allot power among the states. - Should all states count the same in decision making, or should the larger states have more power than the smaller ones?

What is a major problem the courts have faced in relation to the idea of equality in America?

One major problem the courts in the US have faced is deciding what counts as reasonable distinction. - can the law justifiably discriminate between groups such as men and women, minorities and white Protestants, rich and poor, young and old? - this rule treats people differently, with the goal to make them more equal in the long run. Many Americans wonder "how is treating people unequally fair? " EX: Affirmative Action Policy where they allow special opportunities to members of groups that have been discriminated against in the past, to remedy the long-term effects of that discrimination.

The Courts: resolving conflicts over rights

One of the jobs of the judiciary system is to arbitrate disputes among individuals about such things as rights. - no "correct" answer to legal dilemma - the justices are human beings influenced by their own values, ideals, and biases in interpreting and applying the laws. - despite founders hope, the court members are subject to all sorts of political pressures, from the ideology of the presidents who appoint them to the steady influence of public opinion and the media. - end up varying on rulings/interpretations involving civil liberties, expansionary or less expansionary

What majority faction worried Madison? ( Fed. 10)

One of the majority factions that worried Madison was the mass of propertyless people whose behavior was so threatening to property holders under the Articles of Confederation. * basically poor people, as the rich property owners in this situation are in minority

What unites us in the United States?

Our Political Culture, which is unites us through a common culture based on shared values. Despite all our differences, most Americans share some fundamental attitudes and beliefs about how the world works and how it should work. > allows us to disagree without resorting to violence or civil war - this unity through cultural ties has its fragility as seen in the 2016 election campaign, which was when our differences were stoked and the legitimacy of our system is challenged.

Article 5 of the Constitution outlines what?

Outlines the process for amending or changing the Constitution (federal)

New York Times v. United States (1971)

Overruled Nixon's attempt to prevent publication of Vietnam documents said to be "top secret" - The Court held that "security" is too vague to be allowed to excuse the violation of the First Amendment; to grant such power to the president, it ruled, would be to run the risk of destroying the liberty that the government is trying to secure.

What was significant about Brandonburg v. Ohio (1969)?

Overturned the conviction of Charles Brandenburg, a Ku Klux Klan leader who had been arrested under Ohio's criminal syndicalism law. - In this case the Court ruled that abstract teaching of violence is not the same as incitement to violence. - In other words, political speech could be restricted only if it was aimed at producing or was likely to produce "imminent lawless action." Mere advocacy of specific illegal acts was protected unless it led to immediate illegal activity.

Chief Justice: William Rehnquist

Passed down a set of decisions beginning in 1991 that signaled a rejection of congressional encroachment on the prerogatives of the states—a power shift that was dubbed devolution.

Many state legislatures did things legally to establish "equality," and to relieve suffering for Americans, what was the result of this? How were they able to do such things?

People with debts and mortgages ended up being legally able to escape or postpone paying the money they owed in some cases. With so much economic insecurity, naturally those who owned property would not continue to invest land and money. HOW: The Articles of Confederation, in their effort to preserve power for the states, had provided for no checks or limitations on state legislatures. - So, many states printed paper money, seized property, and suspended "the ordinary means for the recovery of debts." All to relive suffering fo Americans.

What was the DREAM Act?

Policy would have granted relief to young adults who were brought here without documentation as children.

A person's right to suspend treatment (vs) whether individuals have the right to have assistance ending their lives when they are terminally ill and in severe pain:

Proponents of this right argue that patients should be able to decide whether to continue living with their conditions, and since such patients are frequently incapacitated or lack the means to end their lives painlessly, they are entitled to help if they want to die. Opponents, by contrast, say that a patient's right to die may require doctors to violate their Hippocratic Oath, and that it is open to abuse. Patients, especially those whose illnesses are chronic and costly, might feel obligated to end their lives out of concern for family or financial matters. - In 1997 the Supreme Court ruled that issue should be left to states, and left open the possibility that dying patients might be able to make a claim to a constitutional right to die in the future.

What was now in American political culture after slavery was implemented?

Racism - did exist prior, but was now fully in political culture

What did Madison say about representation?

Representation, said Madison, helps to "refine and enlarge the public views by passing them through the medium of a chosen body of citizens," distinguished by their wisdom, patriotism, and love of justice. * Notice that, motivated by his disillusionment with the Articles of Confederation, Madison basically set up a system in which the few have more power than the many, and he justified that system with a narrative that claimed a goal of enhancing freedom for all.

John Marshall: McCulloch v. Maryland

Ruled on the dispute about whether Congress had the power to charter a bank and whether the state of Maryland had the power to tax that bank. - Congress did have the power, he ruled, even though the Constitution didn't spell it out, because Congress was empowered to do whatever was necessary and proper to fulfill its constitutional obligations.

Federalist No. 84: Argument against Bill of Rights

Said that if the Constitution were prefaced with a list of things government could not do to individuals, then government would assume it had the power to do anything that wasn't expressly forbidden. - Therefore, government, instead of being unlikely to trespass on its citizens' rights, would be more likely to do so with a Bill of Rights than without. - This argument was so unpersuasive to Americans at that time that the Federalists were forced to give in to Anti-Federalist pressure during the ratification process.

Article 2: Section 3

Says that the president will periodically tell Congress how the country is doing (the State of the Union address given every January) and will propose to the members those measures he thinks appropriate and necessary. - Under extraordinary circumstances, the president calls Congress into session or, if the two houses of Congress cannot agree on when to end their sessions, may adjourn them. - The president also receives ambassadors and public officials, executes the laws, and commissions all officers of the United States.

Article 3: Context

Section of the Constitution laying out powers and responsibilities of the Judicial Branch

Article 2: Context

Section of the Constitution lays out the powers and responsibilities of the Executive Branch in 4 sections

What is one difference regarding the 2 chambers of congress when looking at how they are re-elected?

Senate: terms last for six years, senators are not so easily swayed by changes in public sentiment. House of Rep: terms last two years, members run for reelection often and can be ousted fairly easily, according to public whim. * Me: Can conclude that senators are more likely to stick to their actual beliefs and not pander for approval, as they are not always looking to be re-elected. Could be viewed as more reliable and consistent.

Article 2: Section 1

Sets out the four-year term and the manner of election (that is, the details of the Electoral College) and provides the qualifications for office: - the president must be a natural-born citizen of the United States, at least thirty-five years old, and a resident of the United States for at least fourteen years. - The vice president serves if the president cannot, and Congress can make laws about the succession if the vice president is incapacitated.

Where does the national governments power come from?

Since Congress is the main lawmaking arm of the national government, many of the powers of the national government are the powers of Congress. The strongest statement of national power is a list of the enumerated powers of Congress (Article I, Section 8). - Also has the Necessary and Proper Clause - Supremacy Clause in Article IV

Why is the question of whether the Internet needs to be regulated to ensure protection of people's personal data privacy become an important one in Congress?

Since we have learned that users of some sites, such as Facebook, have been manipulated into giving up their own data as well as information about everyone in their address books to firms like the now-defunct Cambridge Analytica. - Unfortunately, congressional hearings revealed that members of Congress know next to nothing about how social media works, making it likely that we will leave the wolves in charge of the digital henhouse.

What was the reasoning for the legal changes in regards to African Americans now being slaves?

Slavery can work only if slaves are dependent, defenseless, and afraid to escape. - An institution as dehumanizing as slavery requires some justification that enables slaveholders to live with themselves, especially in the Enlightenment era, when words like natural rights and liberty were on everyone's tongue. Examples of dehumanization: - It was said that the Africans were childlike, lazy, and undisciplined and that they needed the supervision of slave owners.

Executive Branch: debate over re-election/terms

Some founders argued, he were chosen by Congress rather than by the people, then he should be limited to one term. - Since he would be dependent on Congress for his power, he might fail to provide an adequate check on that body, perhaps currying favor with Congress in order to be chosen for additional terms. At the same time, the founders had no great trust in "the people," - so popular election of the president was considered highly suspect, even though it would free the executive from dependence on Congress and allow him to be elected for multiple terms

Congressional Strategy to Influence States: Option 2 (categorical grants)

Sometimes Congress decides that the nation's interests depend on all the states taking actions to solve some particular problem—perhaps the provision of early childhood education, food security for the disadvantaged, or health care for low-income individuals. - The most popular tool Congress has devised for this purpose is the categorical grant, which provides detailed instructions, regulations, and compliance requirements for the states (and sometimes for local governments, as well) in specific policy areas. - If a state complies with the requirements, federal money is released for those specified purposes. - If a state doesn't comply with the detailed provisions of the categorical grant, it doesn't get the money. In many cases the states also have to provide some funding themselves.

Article 2: Section 4

Specifies that the president, vice president, and other civil officers of the United States (such as Supreme Court justices) can be impeached, tried, and convicted for "Treason, Bribery, or other High Crimes and Misdemeanors."

Article 1: Section 8 (context)

Spells out the specific powers of Congress. - This list is followed by the provision that Congress can do anything "necessary and proper" to carry out its duties. (Necessary and Proper Clause) ->>The Supreme Court has interpreted this clause so broadly that there are few effective restrictions on what Congress can do.

Civil Rights: Strengthening National Government

Start of the using the 14th Amendment to severely limiting the states' powers over their own citizens. The national government picked up a host of new roles as American society became more complex, including that of guarantor of individual rights against state abuse. - The Fourteenth Amendment to the Constitution was passed after the Civil War to make sure southern states extended all the protections of the Constitution to the newly freed slaves. - In the 1950s and 1960s the Supreme Court used the amendment to strike down a variety of state laws that maintained segregated, or separate, facilities for whites and African Americans, from railway cars to classrooms. - By the 1970s the Court's interpretation of the Fourteenth Amendment had expanded, allowing it to declare unconstitutional many state laws that it said deprived state citizens of their rights as U.S. citizens. For instance, the Court ruled that states had to guarantee those accused of state crimes the same protections that the Bill of Rights guaranteed those accused of federal crimes.

United States v. Eichman (1989)

Struck down Federal Flag Protection Act of 1989 - held that flag burning is expressive speech, and that any law preventing such was "suppressing expression"

Incorporation (definition)

Supreme Court action making the protections of the Bill of Rights applicable to the states - is a matter of interpretation not absolute constitutional principle and is subject to reversal - In 1897 the Supreme Court tentatively began the process of selective nationalization, or incorporation, of most (but not all) of the protections of the Bill of Rights into the states' Fourteenth Amendment obligations to guarantee their citizens due process of law.

Miller v. California (1973)

Supreme Court decision that avoided defining obscenity by establishing that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value. - developed Miller Test - came after courts began to reflect President Nixons ideology of controlling pornograhy

McCulloch v. Maryland (definition)

Supreme Court ruling (1819) confirming the supremacy of national over state government

Gibbons v. Ogden (definition)

Supreme Court ruling (1824) establishing national authority over interstate business

What does the Three-Fifths Compromise show us in retrospect?

That the issue of slavery was so divisive that for the early Americans that the most politically safe approach was not to mention it explicitly at all and thus to avoid having to endorse or condemn it. - - Implicitly, of course, the silence had the effect of letting slavery continue. *Me: As evil and sad this compromise was, it still was truly the beginning of the end for slavery in America.

How was the colonist's reluctance to cooperate shown? How did this come about?

The American reluctance to cooperate with Britain was reinforced/shown by the colonists' changing political culture and the narrative that supported it. - Came from the Philosophical ideas that were fermenting in England and the European Enlightenment as a whole, especially those of John Locke, were flourishing in America.

Why was the Articles of Confederation more appealing to the Anti-Federalists than the Constitution?

The Articles of Confederation were more attractive to the Anti-Federalists than was the Constitution because they did not call for a strong central government that could become a hotbed of political intrigue. - Instead, the Articles vested power in the state governments, which could be more easily watched and controlled.

Britain Politics as an example for Legislative Supremacy:

The British have no written constitution. Acts of Parliament are the final law of the land and cannot be reviewed or struck down by the courts. - They become part of the general collection of acts, laws, traditions, and court cases that make up the British "unwritten constitution." - Our Court is thus more powerful, and our legislature correspondingly less powerful, than the same institutions in the British system.

Article 1: Section 8 (powers of congress)

The Congress shall have power to lay and collect taxes, duties, and post and excises, to pay the debts and provide for the common defense and general welfare of the United states. - Necessary and Proper Clause also

What is an example of the Internet having the effect of freeing people from censorship?

The Court has ruled that student publications (such as school newspapers) are subject to censorship by school officials if the restrictions serve an educational purpose. - The Internet, however, offers students an alternative medium of publication that the courts say is not subject to censorship. - As a result, students have been able to publish stories on investigations into school elections and campus violence, among other topics that have been excluded from the hard-copy newspaper.

Virginia v. Black (2003)

The Court held that cross burning, a favored practice of the Ku Klux Klan and other segregationists that it had previously held to be protected speech, was not protected under the First Amendment if it was intended as a threat of violence. - "When a cross burning is used to intimidate, few if any messages are more powerful," wrote Justice Sandra Day O'Connor, speaking for a six-to-three majority. " - A state may choose to prohibit only those forms of intimidation that are most likely to inspire fear of bodily harm," if the intent to stir up such fear is clear. - The Court noted that cross burning would still be protected as symbolic speech in certain cases, such as at a political rally.

Women and the Revolution:

The Revolution proved to be a step backward for women politically. - After the war that states began specifically to prohibit women, even those with property, from voting. - They did contribute to the war with what they could do at time

5th amendment

The Right to Remain Silent/Double Jeopardy, right to due process - The Supreme Court has expanded the scope of the protection against self-incrimination from criminal trials, as the amendment dictates, to grand jury proceedings, legislative investigations, and even police interrogations.

What was the purpose of the 2nd Amendment?

The Second Amendment was designed to guard against just that tyranny of the federal government.

New York Times v. Sullivan (1964)

The Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure. - Which means not that the paper had an evil intent but only that it acted with "knowledge that [what it printed] was false or with reckless disregard for whether it was false or not." - No longer simply a state matter, libel became a constitutional issue under the First Amendment. - Shortly afterward, the Court extended the ruling to include public figures such as celebrities and political candidates—anyone whose actions put them in a public position.

What did the Supreme Court rule around these restrictions of civl liberties around WWII?

The Supreme Court upheld convictions under both the Smith and McCarran Acts even though by Holmes's formulation there was no danger of imminent harm. - The clear and present danger test had come to be seen as a kind of balancing test in which society's interests in prohibiting the speech were weighed against the value of free speech; the emphasis on an obvious and immediate danger was lost.

What does the Constitution say about the power of the States?

The Tenth Amendment says that all powers not given to the national government are reserved for the states - although, as we will soon see, the Court's interpretation of the necessary and proper clause as elastic makes it difficult to see which powers are withheld from the national government. - Also, The states are given the power to approve the Constitution itself and any amendments to it.

How did the leaders react to Shays's Rebellion? What did they think would happen?

The attack frightened and embarrassed the leaders of the United States - Feared that the rebellion foreshadowed the failure of their grand experiment in self-governance, and certainly challenged their story of what it was about.

Political Culture (definition)

The broad pattern of ideas, beliefs, and values that a population holds about its citizens and government.

Why did the Americans relationship begin to go sour with Britain?

The colonists developed an identity as Americans rather than as transplanted English people, and as the British became a more intrusive political presence. - Even then, they searched painstakingly for a way to fix the relationship before they decided to eliminate it altogether. Revolution was not welcomed on either side.

In our age of Digital Natives, how does it differ from that of the Founders?

The country is now light years removed from the founding era, when communication was limited by illiteracy and the scarcity of channels through which it could pass. - Which makes it amazing that Americans today still largely adhere to the basic governing narrative the founders promoted. It shows the genius of the Constitution that it has been able to navigate the transition successfully into the new age.

How have the courts interpreted freedom of assembly?

The courts have interpreted this provision to mean not only that people can meet and express their views collectively, but also that their very association is protected as a form of political expression. - Court has basically upheld people's rights to associate with whom they please, although it held that public and, in some circumstances, private groups cannot discriminate on the basis of race or sex. EX: ruled that associations like the NAACP cannot be required to make their membership lists public (groups deemed to have unlawful purposes do not have such protection)

Federalism: Creating competition among the States

The federal relationship also has an impact on state politics by placing the states in competition with one another for scarce resources. - "Smokestack chasing" happens as states bid against one another to get both domestic and foreign foreign industries to locate within their borders by providing them with tax breaks, loan financing, and educational training for workers, and by assuming the costs of roads, sewers, and other infrastructure that new industries would otherwise have to pay for themselves. EX: of this in recent time is states competing for Amazon headquarters

Federalism: Flexibility at state level (advantages)

The flexibility that federalism provides can also be helpful when Congress cannot or will not act. As recent polarization in the nation's capital has essentially paralyzed legislative action for most purposes, enterprising states can take advantage of the resulting power vacuum. EX: in the face of congressional gridlock over the development of fossil fuel resources, the states have leaped into the breach with their own energy policies, many times reflecting the political proclivities of the dominant party in the states.

What was the issue with the founders narrative of equality in the war?

The founders were afterward faced with a population that wanted to take equality seriously and eliminate the differences that existed between men. - Since the narrative was controlled from on high it didn't match up with the reality on the ground, leading to new narratives developing EX: this passion for equality led to many laws surrounding the relief of post war suffering in America, such as in some of the state legislatures, where laws were passed to ease the burden of debtors and farmers. - Often the focus of the laws was property, but rather than preserving property, as per the Lockean narrative, these laws frequently were designed to confiscate or redistribute property instead.

What does Individualism mean in relation to American political culture?

The individualistic nature of American political culture means that individuals are seen as responsible for their own well-being. - Anti-Collectivist

Why did larger states dislike the New Jersey plan?

The large states disliked this plan because small states together could block what the larger states wanted, even though the larger states had more people and contributed more revenue.

Why is the method of how an amendment is proposed important?

The method by which an amendment is proposed can affect the success of the amendment itself. - For instance, amendments limiting the number of terms legislators can serve have been passed in several states with the citizen-controlled initiative, but they have not fared well in states that depend on state legislatures to propose amendments. - With opinion polls showing large public majorities favoring term limits, we can safely assume that term limits for Congress would pass much faster if the U.S. Constitution had a provision for a national constitutional initiative.

What was the debate in regards to the Northern and Southern states?

The northern and the southern states, which is to say the non-slave-owning and the slave-owning states, were at odds over how population was to be determined for purposes of representation in the House of Representatives.

What was most appalling to the Anti-Federalists about the Constitution?

The original draft of the Constitution contained no Bill of Rights. - To the Anti-Federalists, already afraid of the invasive power of the national government, this omission was more appalling than any other aspect of the Constitution. - addition of Bill of Rights led to the Anti-Federalist states voting for ratification eventually

Who would gain most with independence from the British?

The people who stood to gain the most financially from independence—the propertied and economic elite, the attendees at the Continental Congress—were translating a philosophical explanation for the masses to act on. * also controlled narratives and messages received by the masses, as many could not read yet

Checks and Balances in America (simplified)

The president can veto an act of Congress, Congress can override a veto, the Supreme Court can declare a law of Congress unconstitutional, Congress can—with the help of the states—amend the Constitution itself, and so on.

Why did the Northern states disagree with the Southern states view on representation?

The southern states didn't intend on letting slaves vote at all, but including slaves would give them more representatives and, thus, more power in the House. - The northern states said that if slaves could not vote, they should not be counted.

What did the southern states want in regard to representation in the House of Representatives?

The southern states wanted to count slaves as part of their populations when determining how many representatives they got, even though they had no intention of letting the slaves vote. - laves would simply give them more representation

The tensions between national and state governments after the recent recession rose why?

The states were particularly hard hit as revenues from sales, income, and property taxes dropped dramatically. - Federal stimulus funds helped the states deal with about 40 percent of their budget shortfalls, but many conservative governors and legislatures rejected the funds, seeing them as encroachments by a power-hungry federal government rather than as necessary short-term help in hard times. - In any case, those funds began drying up in 2010, leaving the states with continuing insufficient funds and forcing them to lay off workers to make up the difference. - The recovery of the states continued to lag behind that of the general economy, with the result that many citizens still faced decreased services from the states in the areas of education, health, and public security

Knowing the issue in voting turnout rates, how does American democracy work with such low rates of participation or interest on the part of the citizenry?

Theories: 1.) Claims that it doesn't really matter whether people participate in politics because all important decisions are made by elites—leaders in business, politics, education, the military, and the media. 2.) Drawing on the pluralist theory of democracy, another explanation claims that Americans don't need to participate individually because their views are represented in government sufficiently through their membership in various groups. 3.) some educators and social scientists argue that falling levels of involvement, interest, and trust in politics signal a true civic crisis in American politics. They see a swing from the collectivist citizens of republican virtue to the self-interested individualistic citizens of Madisonian theory so severe that the fabric of American political life is threatened.

The President: resolving conflicts over rights

They can get involved by 1. having administration officials lobby the Supreme Court to encourage outcomes they favor. 2. Popular presidents can also try to persuade Congress to go along with their policy initiatives by bringing public pressure to bear. - Their influence can be used to expand or contract the protection of individual rights.

Why did the Anti-Federalists reject the Federalists view on the Constitution?

They rejected the notion that ambition and corruption were inevitable parts of human nature.

How did the colonists feel about the series of British acts that were passed?

They were infuriated, as saw them as intolerable violations of their rights, even though the British were being taxed at home too.

Issues on the various views on the Economic and Social/Moral order which are held by the different types of Republicans .

This difference among the Republican ideologies makes it hard for their candidates on the national stage to hold together such an unwieldy coalition. (1) Religious right, who are very conservative on political and moral issues but who were once part of the coalition of southern blue-collar workers who supported Roosevelt on the New Deal; (2) Traditional Republicans, who are very conservative on economic issues but often more libertarian on political and moral issues, wanting government to guarantee procedural fairness and keep the peace, but otherwise to leave them alone (3) Moderate Republicans, who are far less conservative economically and morally.

How can citizens accomplish forcing a constitutional amendment with initiative?

This is accomplished by getting a sufficient number of signatures on petitions - typically between 3 and 15 percent of those voting in the last election for governor

Mediated Citizens

Those for whom most personal and commercial relationships; access to information about the world and recreational or professional activities; and communication with others passes through third-party channels, which may or may not modify or censor that information.

How have states been passing policy initiates through the gridlock in Washington?

Three-fifths of the states are under unified control (both houses of the state legislature are controlled by the same party as the governor). - This has given them the ability to move where gridlocked Washington cannot - states also handling issues differently vs them having to follow the same national direction. Can be seen in immigration policy.

How was the problem of getting the states to do what federal officials have decided they should do created?

To deliver on their promises, national politicians must have the cooperation of the states. Although some policies, such as Social Security, can be administered easily at the national level, others, such as changing educational policy or altering the drinking age, remain under state authority and cannot be legislated in Washington.

Why might amendments be passed or implemented?

To give protections, rights, guarantees to people who need them such as - to provide guarantees against abuses of the criminal justice system; - to guarantee citizenship rights to African Americans; - to extend the right to vote to blacks, women, and eighteen-year-olds. More mechanical reasons: - Senatorial elections being direct, limited presidents to two terms in office, and we have provided for a succession order for presidents unable to serve out their terms.

What is a useful way to understand who had power in the colonies?

To look at the rules regulating political participation—that is, who was allowed to vote in colonial lawmaking bodies, who wasn't, and why. Each colony set its own voting rules, based on such factors as religion, property, gender, and race.

What bills attempted to address the issue of downloadable entertainment?

Two bills: - one in the House (the Stop Online Piracy Act, or SOPA) - one in the Senate (the Protect IP Act, or PIPA) - they attempted to address this issue in 2012 by requiring Internet providers to monitor their users and block access to international sites that share files.

Hobby Lobby Case (2014)

Under religious freedom, employers should not have to contribute to insurance that provides contraception

Espionage Act of 1917

United States federal law passed shortly after entering World War I - made it a crime for a person to convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies. - The legislation was passed at the urging of President Woodrow Wilson, who feared any widespread dissent in time of war, thinking that it constituted a real threat to an American victory. - Such sweeping prohibitions made it possible to arrest people on the flimsiest of pretexts. - four cases upholding the Espionage Act, the Court used a measure it called the bad tendency test to do so

With the vagueness in the writing of Federalism, what happened?

Vagueness has opened the door for the Supreme Court to decide to interpret the Constitution's meaning. - Those interpretations have varied along with the people sitting on the Court and with historical circumstances. - Consequently, the norms underlying federalism provide less of a fixed standard against which we can measure actual behavior; the norm is that while the federal government is supreme, the relationship is characterized by flexibility.

What 2 plans were proposed at the constitutional convention in regards to states role in decision making?

Virginia Plan and New Jersey Plan

Civil War: Strengthening the National Government

War not only coming from the issue of slavery, but also it was fought to resolve the question of national versus state supremacy. - When the national government, dominated by the northern states, passed legislation that would have furthered northern interests, the southern states tried to maintain their own preferred narrative of states' rights by invoking the doctrine of nullification.

Alien and Sedition Acts (1798)

Was one of the earliest restrictions on speech - passed by Federalists signed by President Adams - made it illegal to publish defamatory statements about the federal government or its officials. "any false, scandalous writing against the government of the United States." - also increased waiting period for an immigrant to become a citizen from 5 to 14 years, empowered president to arrest and deport dangerous aliens

Political Participation in the Colonies: Context

Were as restrictive and repressive like ones in England, the difference being that they're now the ones doing to repressing. - America was more open than British life - Land was widely available (most inhabited by Native Americans who beloved that land was communal). ->>The Europeans arrived with notions of private property and the sophisticated weaponry to defend the land they took from the Indians. - Some colonies set up systems of self-rule, with representative assemblies. Though they had governors, often appointed by the king, the colonies were left largely, though not exclusively, to their own devices at least until the late 1600s.

"An Assembly of Demigods"

What Thomas Jefferson called the Philadelphia meeting, as he believed it wood make a good and wise conclusion. - These delegates represented the very cream of American society. As they were well educated in an age when most of the population was not. They were also wealthy, and even though they were, on the whole, a young group, they were politically experienced. Many had been active in revolutionary politics, and they were well read in the political theories of the day.

When has the court ruled against regulations surrounding electrical means of expression?

When Congress obliged in 1996 with the Communications Decency Act (CDA), which made it illegal to knowingly send or display indecent material over the Internet. - The Supreme Court In 1997 ruled that such provisions constituted a violation of free speech, and that communication over the Internet, which it called a modern "town crier," is subject to the same protections as nonelectronic expression. - When Congress tried again with a more narrowly tailored bill, the Child Online Protection Act, the Court struck it down, too.

Congressional Strategy to Influence States: Option 1 (no national government influence)

When national government chooses to leave the authority of the state unchallenged it provides no instructions (either broad or specific) and no funding. - When there is no national government influence, states can act as they wish in the given policy area.

When do factions become problematic? ( Fed. 10)

When they are in the majority. - Factions are not a particular problem when they constitute a minority of the population because they are offset by majority rule.

What are the Sanctuary Cities which have been implemented in response to Trump's immigration policy?

Where local officials do not comply with the federal effort to deport undocumented workers. - Approximately 300 states, cities, and local governments have declared themselves to be sanctuaries - SCOTUS:

What is one of the central arguments in favor of net-neutrality?

Without it providers can effectively control our access to certain sites, if not censoring them, then making it difficult to connect. - Such arguments are premised on the idea that the Internet is a public space and that people should be able to interact on it freely. - Of course, private utilities limiting access is not exactly government censorship, but if the space itself is a public one, then private actors should not deny us access any more than they should stop us from attending a protest or rally or prevent us from going into the voting booth.

Political Participation in the Colonies: Gender

Women weren't officially excluded from political participation in America until the Revolution. Until then, as in England, they occasionally could exercise the vote when they satisfied the property requirement and when there were no voting males in their households. - In some localities, widows, in particular, or daughters who had inherited a parent's property could vote or participate in church meetings (which sometimes amounted to the same thing).

Did England have any national interest in sending the colonists to America?

Yes - England had a national interest in sending colonists to America. They were engaged with other European nations in a competition for the world's resources through trade, and colonies were a primary source of raw materials for manufacturing. Entrepreneurs often supported colonization as an investment, and the government issued charters to companies, giving them the right to settle land as English colonies.

Is burning the American flag constitutional? Why is it so controversial?

Yes, it is symbolic speech and protected by the First Amendment. Texas v. Johnson - controversial due to what the flag represents to many Americans, the burning of the flag shows the utmost dissatisfaction with ones country, and this fires up the many Americans who have strong patriotic feelings.

American Founding

You are probably most familiar with this account: - The early colonists escaped from Europe to avoid religious persecution. Having arrived on the shores of the New World, they built communities that allowed them to practice their religions in peace and to govern themselves as free people. When the tyrannical British king made unreasonable demands on the colonists, they had no choice but to protect their liberty by going to war and establishing a new government of their own. - Sound historical evidence suggests that the story is more complicated, and more interesting, than that. A closer look shows that the early Americans were complex beings with economic and political agendas as well as religious and philosophical motives.

Unfunded Mandates (definition)

a federal order mandating that states operate and pay for a program created at the national level

Hashtag Activism

a form of political engagement that occurs by organizing individuals online around a particular issue - can from social movements through viral calls to act politically EX: #BlackLivesMatter

Compelling State Interest (definition)

a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently simplified: - an interest of the state that must take precedence over rights guaranteed by the first amendment EX: a public or common good claimed to take precedence over individual interests or, in some cases, rights.

Republic (definition)

a government in which decisions are made through representatives of the people - What Madison reccomended

Republic (Definition)

a government in which decisions are made through representatives of the people - technically speaking the people do not do any actual governing

Confederation (definition)

a government in which independent states unite for common purpose but retain their own sovereignty - The government set up by the Articles was called a confederation because it established a system in which each state retained almost all the power to do what it wanted.

Shays's Rebellion (definition)

a grassroots uprising (1787) by armed Massachusetts farmers protesting foreclosures

Unicameral Legislatures (definition)

a legislature with one chamber

Political Narratives definition

a persuasive story about the nature of power, who should have it, and how it should be used

Federalism (definition)

a political system in which power is divided between the central and regional units

Free Press (definition)

a press that is able to report fully on governments activities

Virginia Plan (definition)

a proposal at the Constitutional Convention that congressional representation be based on population, thus favoring the large states

New Jersey Plan (definition)

a proposal at the Constitutional Convention that congressional representation be equal, thus favoring the small states

Authoritarian Populism

a radical right-wing movement that appeals to popular discontent but whose underlying values are not democratic

The Federalist Papers

a series of essays written to build support for ratification of the Constitution - helped push ratification of constitution - 85 essays

Advanced Industrial Democracy

a system in which a democratic government allows citizens a considerable amount of personal freedom and maintains a free-market (though still usually regulated) economy

Authoritarian Capitalism

a system in which the state allows people economic freedom but maintains stringent social regulations to limit noneconomic behavior

Normative (definition)

a term used to describe beliefs or values about how things should be or what people ought to do rather than what actually is - non verifiable claims, not true or false, - worth depends on the arguments that back them up

Communist Democracy

a utopian system in which property is communally owned and all decisions are made democratically

French and Indian War

a war fought between France and England, and allied Indians, from 1754 to 1763; resulted in France's expulsion from the New World - war was in North America

Anti-Federalists

advocates of states' rights who opposed the Constitution

Referendum (definiiton)

an election whereby the state legislature submits proposed legislation or state constitutional amendments to the voters for approval

Digital Natives (Definition)

an individual born after the advent of digital technology who is proficient in and dependent on its use - people born in this century are almost all digital natives. - era in which not only are most people hooked up to electronic media, but they also live their lives partly in cyberspace as well as in "real space." - the lives we live today are almost entirely mediated due to this >> that is, most of our relationships, our education, our news, etc., and our very sense of ourselves are influenced by, experienced through, or shared via electronic media.

Electoral College (definition)

an intermediary body that elects the president - Citizens vote not for the presidential candidates, but for a slate of electors who cast their votes for the candidates about six weeks after the general election. - The founders believed that this procedure would ensure a president elected by well-informed delegates who, having no other lawmaking power, could not be bribed or otherwise influenced by candidates.

Why is Libel an issue surrounding the freedom of the press?

because careers and reputations are easily ruined by rumors and innuendo, journalists ought to be required to "speak" responsibly

What is an example of the Colonists rejecting Britains political culture?

belief in Popular Sovereignty - For the British, the sovereign authority was Parliament, which established the rule of law and constitutional principles. But the colonists rejected that in favor of the principle of popular sovereignty

Physical searches of cell phones under 4th Amendment:

cell phones originally were considered to be part of the contents of one's pockets, which the Supreme Court had determined could be legally searched. - But in 2014, writing for a unanimous Court, Chief Justice John Roberts said that our phones are "mini-computers" that contain the same kind of information about us that our houses have traditionally contained, and just as our houses cannot be searched without a warrant, now neither can our cell phones (at least most of the time).

prior restraint (definiton)

censorship of or punishment for the expression of ideas before the ideas are printed or spoken

Initiative (definition)

citizen petitions to place a proposal or constitutional amendment on the ballot, to be adopted or rejected by majority vote, by passing the legislature

Immigrants (Definition)

citizens or subjects of one country who move to another country to live or work

In the twi cases of Schenck v. United States (1919) and Abrams v. United States (1919), Justice Oliver Wendell Holmes articulated what new test?

clear and present danger test

Enumerated Powers of Congress (definition)

congressional powers specifically named in the Constitution (Article I, Section 8)

Nullification (definition)

declaration by a state that a federal law is void within its borders

What are the core American values?

democracy, freedom, and equality

What was the 14th amendment designed for?

designed specifically to force southern states to extend the rights of citizenship to African Americans, but its wording left it open to other interpretations..

Terri Schiavo Case (2005)

disconnection of feeding tubes for terminally ill patient allowed - young woman in vegetative state for more than 15 years - claiming that she no longer wanted to live her husband asked a state court to have her feeding tubes removed but her parents challenged the husband - court ordered the tube removed in accordance with the precedent set in the Cruzan case.

Right to a fair trial

enumerated in 6th 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."

Block Grants (definition)

federal funds provided for a broad purpose, unrestricted by detailed requirements and regulations

Categorical Grants (definition)

federal funds provided for a specific purpose and restricted by detailed instructions, regulations, and compliance standards

What obligations come with the rights given under the Bill of Rights?

for every right guaranteed, there is a corresponding duty to use it. Sometimes in explicit law or often under unrwitten norms - EX: provisions for elected office and the right to vote imply a duty to vote.

Parliamentary System (definition)

government in which the executive is chosen by the legislature from among its members and the two branches are merged

Presidential System (definition)

government in which the executive is chosen independently of the legislature and the two branches are separate

Democracy

government that vests power in the people - less extreme form of non-authoritarian system - based on popular sovereignty - generally make decisions through some sort of majority rule - recognizes the need for restrictions on the individual that may come with a collective livelihood

Confederal Systems (definition & details)

governments in which local units hold all the power - central government is dependent on them for its existence. - the local units remain sovereign, and the central government has only as much power as those units allow it to have. EX: America under the Articles of Confederation and associations such as the United Nations and the European Union

Factions (definition)

groups of citizens united by some common passion or interest and opposed to the rights of other citizens or to the interests of the whole community EX: Farmers, for instance, have an interest in keeping food prices high, even though that would make most Americans worse off.

What is one of the federal policymakers' biggest challenges?

how to get the states to do what federal officials have decided they should do.

With the Colonists being in favor of different political narratives/culture, how did they begin to view the British Authority?

illegitimate - These philosophical changes meant that any British colonial authority had begun to seem illegitimate to the colonial elite, and that lack of legitimacy began to figure heavily in the narratives they told about political power. * so it wasnt just things like taxation without representation they were opposed to (should be said that they were offered representation in Parliament rejected), but really it was the sovereignty of the British parliament itself.

Strip searches under 4th Amendment:

in 2012 the Court held that the Fourth Amendment is not violated by the requirement that someone arrested for a minor infraction and not suspected of concealing a weapon or drugs could nonetheless be subjected to an invasive strip search. - In Florence v. Board of Chosen Freeholders of County of Burlington, the majority ruled that the plaintiff could be subjected to a strip search even though he had been arrested for something that he had not in fact done and that would not have been a crime in any case. - The key issue was that the plaintiff was going to be held in the general jail population, and correctional officers are rightly concerned with jail security, which outweighs an individual's privacy rights.

When was the Religious Freedom Restoration Act (RFRA) ruled unconstitutional? Why?

in the 1997 case of City of Boerne v. Flores - the Court held that the RFRA was an unconstitutional exercise of congressional power.

Civil Liberties (definition)

individual freedoms guaranteed to the people primarily by the Bill of Rights - In general, civil liberties protect our right to think and act without government interference. EX: the rights to express ourselves and to choose our own religious beliefs.

Subjects (definition) (The People as Subjects)

individuals who are obliged to submit to a government authority against which they have no rights - In authoritarian systems

Norms definition

informal, unwritten expectations that guide behavior and support formal rule systems; often most noticeable when broken * not usually noticed unless broken

How can the Supreme Court change the Constitution?

interpretation of amendmnets - has extended many Bill of Rights protections to state citizens via the Fourteenth Amendment, permitted the national government to regulate business, prohibited child labor, and extended equal protection of the laws to women.

What is the challenge behind the 1st amendment?

is to protect the speech we despise. *My view on freedom of speech and this challenge: - only thing not under free speech is artily threatening someone or any advocacy of force or criminal activity - the freedom of speech trumps someone right to not be offended. In order to fully think, one must risk being offensive. The pursuit of truth holds the risk of offending someone as it challenges their own view points or common thought processes. - if we say a certain speech is offensive to someone or they view it as hateful and we end up banning it, where does that banning end? - when discussing something important or vital, especially in regards to contentious issues, it is typically instantly offensive to someone somewhere. - you can be respectful as possible when sharing provocative views, by being engaged and listening and being open minded but it must goes both ways. You must risk being offended to find answers and solutions, as you must discuss things that have harmed people in the past which will offend them when brought up for example. - we can do our best to respect others and try our best not to offend or limit the offending, but it is not up to the government to insist such through legislation. - The idea that the government can command a population to use a certain linguistic approach for some hypothetical compassionate reason is abhorrent and there is no excuse for that. - It is ultimately up to the individual on how they want to conduct their own speech at the end of the day no matter the justification.

Wiretapping & Electronic Surveillance vs 4th amendment

issue because they are not specially mentioned in constitution - Not until the case of Katz v. United States (1967) did the Court require that a warrant be obtained before phones could be tapped, although, as we noted earlier, the 2001 Patriot Act makes it a good deal easier to get a warrant. - In 2012 the Court ruled that a search warrant was needed in order to put a GPS tracking device on a suspect's car.

What is the consequence of the court early upholding fighting word legislation?

it has held that threatening and provocative language is protected unless it is likely to - "produce a clear and present danger of serious substantive evil that rises far above public inconvenience, annoyance, or unrest."

Gatekeeprs definition

journalists and the media elite who determine which news stories are covered and which are not * these media figures have a great power in that they essentially choose which political narrative gets accepted. When a political narrative is accepted, it will guide the way people live their lives.

USA Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks - allowed greater government access making it easier for law enforcement to do things like intercept email and conduct roving wiretaps, gave it access to library records and bookstore purchases, and allowed immigrants suspected of terrorist activity to be held for up to seven days (and sometimes indefinitely) without being charged. - criticized by some as violating civil liberties : infringing on Americans' privacy, violating due process, and being discriminatory.

Ex Post Facto (definition)

laws that criminalize an action after it occurs - can't be passed by national/state governments

Bills of Attainder (definition)

laws under which specific persons or groups are detained and sentenced without trial - can't be passed by national/state governments

The power of the federal government is enhanced through what mechanisms?

mechanisms of cooperative federalism, which gives the federal government an increasing role in domestic policy.

Without the Sullivan ruling, what would be of the press?

more leeway due to ruling led to important crackdowns, many of which based of speculation which could have been seen as libel if not for Sullivan - EX: investigative journalism would never have been able to uncover the U.S. role in Vietnam, for instance, or the Watergate cover-up without Sullivan case.

The Right to Privacy

not specifically mentioned in the Constitution but generally inferred by the Supreme Court through the 9th and 14th amendments - used for abortion rights, gay rights, right to die - established in Griswald v Connecticut

What categories of speech have been regulated by the courts?

obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography. - many of these narrowed by courts or regulated fully

Donald Trump (Immigration)

opposition to undocumented immigration has been a cornerstone of Donald Trump's campaign and presidential rhetoric. Mainly around the idea of a wall on the southern border. - Trump has made funding the wall and stricter laws on legal as well as illegal immigration, the price of his support for immigration reform. - He has said he wants to limit the family members legal immigrants can bring in with them (so-called chain migration) and limit the number of immigrants from what he called "shithole" countries (referring to Hati and other African countries). - Initially said he would support DREAM Act, but tried to end DACA in 2017. - ICE raids under Trump have risen exponentially

Conservatives (definition)

people who generally favor limited government and are cautious about change - promote a political narrative based on traditional social values, distrust of government action except in matters of national security, resistance to change, and the maintenance of a prescribed social order.

Judicial Review (definition)

power of the Supreme Court to rule on the constitutionality of laws - Note, however, that this review process is not an automatic part of lawmaking; the Court does not examine every law that Congress passes or every executive order to be sure that it does not violate the Constitution. Rather, if a law is challenged as unconstitutional by an individual or a group, and if it is appealed all the way to the Supreme Court, then the justices may decide to rule on it. - This practice is introduced through the back door, first by Hamilton in Federalist No. 78 and then institutionalized by the Supreme Court itself, with Chief Justice John Marshall's 1803 ruling in Marbury v Madison.

Concurrent Powers (definition)

powers shared by the federal and state governments

Economics definition

production and distribution of a society's material resources and services

What is required for a recall election to occur?

require petitions, usually with more signatures than are needed for an initiative (frequently 25 percent of the electorate).

exclusionary rule (definition)

rule created by the Supreme Court that evidence seized illegally may not be used to obtain a conviction - even if the police might have concrete evidence of criminal activity, if obtained unlawfully, it can't be used to gain a conviction. - controversy around it as criminals can avoid punishment

Miller Test (definition)

rule used by the courts in which the definition of obscenity must be based on local standards - Under the Miller test, the Court asks "whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law" and "whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value" (called the SLAPS test). - These provisions have also been open to interpretation, and the Court has tried to refine them over time.

clear and present danger test (definition)

rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger - This test, as Holmes conceived it, focused on the circumstances in which language was used. If no immediately threatening circumstances existed, then the language in question would be protected and Congress could not regulate it. - was slow to catch on due to majority opinion of court did not align with Holmes views

bad tendency test (definition)

rule used by the courts that allows speech to be punished if it leads to punishable actions - required that, for the language to be regulated, it must have "a natural tendency to produce the forbidden consequences." This test is pretty easy for prosecutors to meet, so most convictions under the act were upheld. Simplified: - Interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.

imminent lawless action test

rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action - political speech could be restricted only if it was aimed at producing or was likely to produce "imminent lawless action." Mere advocacy of specific illegal acts was protected unless it led to immediate illegal activity.

Ideologies (definition)

sets of beliefs about politics and society that help people make sense of their world -based upon normative prescriptions, meaning they are not verifiable or true or false, > Thus, ideologies must be proven through argumentation and debate

Pupulism

social movements based on the idea that power has been concentrated illegitimately among elites at the people's expense

fighting words (definition)

speech intended to incite violence - regulated by courts - the Court rarely upholds legislation designed to limit fighting words unless the law is written very carefully.

Sedition (definition)

speech that criticizes the government to promote rebellion - target of restrictive legislation in regards to speech

Establishment Clause and its practice today:

stands between the two views: - Sessions of Congress open with prayers, for instance, but a schoolchild's day does not. - Although religion is not kept completely out of our public lives, the Court has generally leaned toward a separationist stance.

Examples of how states have gotten around the separationist tilt in courts:

state legislatures are testing the limits by passing laws that blur the lines between secular and nonsecular activities at school. - A Florida law, signed in 2012, allows school boards to encourage students to give "inspirational messages" at school events; other states are considering similar bills. - Georgia, Texas, Tennessee, and South Carolina passed bills allowing schools to offer Bible classes, but setting no parameters to ensure that the teachers of such courses are qualified or that the courses offered are academic rather than religious in nature. - some states, like Louisiana and Tennessee, have passed legislation that requires teachers to clarify the "strengths and weaknesses" of evolution and other subjects held to be controversial by some members of the religious community. * These practices and laws are the new battlefield over religious establishment, and the Court will no doubt be called on to weigh in before long.

Why was the clear and present danger test replaced?

subject to misuse and manipulation - In a concurring opinion, Justice William O. Douglas pointed out that it was time to get rid of the clear and present danger test because it was so subject to misuse and manipulation. - Speech, except when linked with action, he said, should be immune from prosecution.

Separationists (definition)

supporters of a "wall of separation" between church and state

Accommodationists (definition)

supporters of government nonpreferential accommodation of religion

Lemon v. Kurtzman (1971)

the Court required that a law not foster "an excessive government entanglement with religion." - Established Lemon Test: 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.

NRA narrative

the Second Amendment unequivocally guarantees all Americans the right to own guns (when even a cursory reading disputes that) and that any limitation on that right is an assault on the Constitution and the beginning of the slippery slope to the end of American liberty. - powerful in preventing gun legislation to pass

Why has the role of American Government expanded overtime?

the United States has become more industrialized, more urban, and more technical. As the country has grown, so have our expectations of what the government will do for us. - We want to be protected from the fluctuations of the market, from natural disasters, from terrorists, from unfair business practices, and from unsafe foods and drugs. - We want government to protect our "rights," but our concept of those rights has expanded beyond the first ten amendments to the Constitution to include things like economic security in old age, a minimum standard of living for all citizens, a safe interstate highway system, and crime-free neighborhoods. - These new demands and expectations create larger government at all levels but particularly at the national level, where the resources and will to accomplish such broad policy goals are more likely to exist.

Police Power (definition)

the ability of the government to protect its citizens and maintain social order - can regulate behavior to do so - state authority to act in regards to protecting and promoting things like public health, safety, morals, and general welfare of its people

Constitutional Convention

the assembly of fifty-five delegates in the summer of 1787 to recast the Articles of Confederation; the result was the U.S. Constitution

Nativism (definition)

the belief that the needs of citizens ought to be met before those of immigrants

Individualism (defintion)

the belief that what is good for society is based on what is good for individuals

Legislature (definition)

the body of government that makes laws

Executive (definition)

the branch of government responsible for putting laws into effect - part of government that "executes" the laws, or sees they are carried out. - typically in an administrative role, but may end up with some decision making or legislative power as well.

Values (definition)

the central ideas, principles, or standards that most people agree are important EX: "Equality" "Freedom"

Great Compromise

the constitutional solution to congressional representation: equal votes in the Senate, votes by population in the House - from NJ v V Plan debate

What is net neutrality?

the effort to keep the channels of the Internet open without allowing providers to favor or discriminate against sites or sources of information.

Dual Federalism (definition)

the federal system under which the national and state governments are responsible for separate policy areas - layer cake analogy

Cooperative Federalism (definition)

the federal system under which the national and state governments share responsibilities for most domestic policy areas - National and state powers were interdependent, and each level required the cooperation of the other to get things done. In fact, federalism came to be seen by political scientists as a partnership in which the dominant partner was, more often than not, the national government.

Articles of Confederation (definition)

the first constitution of the United States (1777) creating an association of states with weak central government - was a confederation

Three-Fifths Compromise (definition)

the formula for counting five slaves as three people for purposes of representation, which reconciled northern and southern factions at the Constitutional Convention

Due process of law (definition)

the guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairly - 5th and 14th amendments have due process clause - fair and reasonable trial being that they have the right to appear before their judges to hear the charges and evidence against them, to have legal counsel, and to present any contradictory evidence in their defense.

Political Correctness (definition)

the idea that language shapes behavior and therefore should be regulated to control its social effects

political correctness (definition)

the idea that language shapes behavior and therefore should be regulated to control its social effects - cases of offensive language surrounding this movement - held primarily by some liberals, including some civil rights activists and feminists, that language shapes society in critical ways, and therefore racist, sexist, homophobic, or any other language that demeans any group of individuals should be silenced to minimize its social effects.

Separation of Powers (definition)

the institutional arrangement that assigns legislative, executive, and judicial powers to different persons or groups, thereby limiting the powers of each - from Baron de Montesquieu

Common Sense (definition) (Thomas Paine)

the pamphlet written by Thomas Paine in 1776 that persuaded many Americans to support the revolutionary cause - Paine called for the rejection of the king, for independence, and for republican government, and his passionate writing crystallized the thinking of the colonial leaders.

Declaration of Independence (definition)

the political document that dissolved the colonial ties between the United States and Britain - Written by Thomas Jefferson in 1776 at the direction of a committee of the Continental Congress. - Inspired by Locke.

Checks and Balances (definition)

the principle that allows each branch of government to exercise some form of control over the others - The purpose of this additional authority is to ensure that no branch can exercise power tyrannically.

Amendability (definition)

the provision for the Constitution to be changed, so as to adapt to new circumstances

Habeas Corpus (definition)

the right of an accused person to be brought before a judge and informed of the charges and evidence against him or her - national governemnt can't suspend writs of habeas corpus

freedom of assembly (definition)

the right of the people to gather peacefully and to petition government - "the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Constitution (definition)

the rules that established a government - it defines a political body, the rules and institutions for running a government. - The rules have direct consequences for how politics works in a given country, who the winners are, and who the losers will be.

Lemon Test (Lemon v. Kurtzman) (definition)

the three-pronged rule used by the courts to determine whether the establishment clause is violated - write effects

Devolution (definition)

the transfer of powers and responsibilities from the federal government to the states

Political Tyranny (definition)

the unrestrained power of the people

In what ways can a legislature be made up of?

they can have one or two chambers or houses; members can be elected, appointed, or hereditary; and if elected, they can be chosen by the people directly or by some other body.

Social Conservatives (definition)

those who endorse limited government control of the economy but considerable government intervention to realize a traditional social order; based on religious values and hierarchy rather than equality

Economic Conservatives (definition)

those who favor a strictly procedural government role in the economy and the social order

Communitarians (definition)

those who favor a strong, substantive government role in the economy and the social order in order to realize their vision of a community of equals - most extreme form of social liberalism

Economic Liberals (definition)

those who favor an expanded government role in the economy but a limited role in the social order

Social Liberals (definition)

those who favor greater control of the economy and the social order to bring about greater equality and to regulate the effects of progress

Republican Virtue (Madison)

to put the interests of the public over their own self-interests. - Madison's hope for country - he was hopeful that, with a fresh start in a new country, citizens would be driven by innate notions of "republican virtue"

What are the tools of politics used for?

tools used to agree on the principles that should guide our handling of power and other scarce resources and to live our collective lives according to those principles.

What ideas divide us as Americans?

typically those over government control, and how much if it should be in our lives - Dimensions and the various views of the Economy and Social order

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (EEOC) (2012)

unanimous ruling in Supreme Court which held that that the hiring practices of religious groups could not be regulated by federal employment law (in this case, law that prohibited discrimination against an employee with a disability) - because that would essentially give government the right to tell such groups whom they could hire. - Chief Justice John Roberts wrote the unanimous opinion, saying, "The Establishment Clause prevents the government from appointing ministers and the Free Exercise Clause prevents it from interfering with the freedom of religious groups to select their own."

Recall Elections (definition)

votes to remove elected officials from office

Liberals (definition)

who generally favor government action and view change as progress - tell a narrative based on the potential for progress and change, trust in government, innovations as answers to social problems, and the expansion of individual rights and expression.

What is the ultimate problem with giving up civil liberties?

without our civil liberties, we have no protection from government itself.

Libel (definiton)

written defamation of character

For the Social Contract to work, what freedom must the people have?

- For it to work, the social contract requires that people have freedom to criticize the government (to create counter-narratives) counternarratives) and that information and narratives flow through channels that are protected from the influence of those in power.

Procedural vs Substantive political and economic systems.

- In procedural political and economic systems, the legitimacy of the outcome is based on the legitimacy of the process that produced it. - In substantive political and economic systems, the legitimacy of the outcome depends on how widely accepted is the narrative the government tells about who should have what. So, the outcome is based on the decision of a powerful person or people, not a process people believe is impartial. SIMPLIFIED: - In procedural systems, the means (process) justifies the ends - in substantive systems, the ends justify the means. *these are the 2 different ways politics and economics are engaged

The question of who can be considered a refugee is very much a political decision. What are some questions or concerns surrounding it?

- Many potential refugees are not labeled as such do to the concern it may be a security risk >. EX: Whether Syrian and other Muslim refugees from Middle Eastern strife should be allowed into the United States. -The question of the persecution one is facing is well-founded > The USCIS requires that the fear of persecution be "well founded," and it is itself the final judge of a well-founded fear.

What resources are in question when discussing Power in politics?

- Media - Government jobs - Tax revenues - Laws that help you get your way - Public policies that work to your advantage - all above help gain and maintain power in politics.

The People as Subjects

- Obligation is to state, no rights or privileges to offset those obligations. - They are either winners/losers in government decisions they have very little control over it. - Whatever the government says is absolute, if you do not follow there will be consequences to face.

Economics vs Politics

- Politics is concerned with the distribution of power and resources and the control of information in society, - Economics is concerned specifically with the production and distribution of society's wealth

Institutional Variations on Democracy

- Some democracies make the legislature (the representatives of the people) the most important authority; - some retain a monarch with limited powers; - some hold referenda at the national level to get direct feedback on how the people want the government to act on specific issues. - Most democratic forms of government, because of their commitment to procedural values, practice a capitalist form of economics.

Social Democracy

- a hybrid system combining a capitalist economy and a government that supports equality - this makes it the middle ground between Capitalism and Socialism * Primarily capitalist, in that they trust the market process and they believe most property can be held privately, * Socialist ideas typically added on to former capitalist countries to promote equitable outcomes. Typically the elimination of poverty and unemployment, better housing, and adequate health care for all are policies proposed. EX: Countries in Western Europe, especially the Scandinavian nations of Norway, Denmark, and Sweden.

Totalitarian

- a system in which absolute power is exercised over every aspect of life - a system which combines an authoritarian government with a socialist economy - controls every part of society (economic, social, political, and moral).

Capitalist Economy

- an economic system in which the market determines production, distribution, and price decisions, and property is privately owned - In a pure capitalist economy all the means used to produce material resources (industry, business, and land, for instance) are owned privately, and decisions about production and distribution are left to individuals operating through the free-market process.

laissez-faire capitalism

- an economic system in which the market makes all decisions and the government plays no role. - The Government has NO role whatsoever is the economy - most extreme philosophy that corresponds with Capitalism - "let the people do as they wish"

Socialist Economy

- an economic system in which the state determines production, distribution, and price decisions, and property is government owned -economic decisions are made not by individuals through the market but rather by politicians, based on their judgment of what society needs. -In these systems the state often owns the factories, land, and other resources necessary to produce wealth. Rather than trusting the market process to determine the proper distribution of material resources among individuals, politicians decide what the distribution ought to be - according to some principle like equality, need, or political reward- and then create economic policy to bring about that outcome. - In these systems the state often owns the factories, land, and other resources necessary to produce wealth. - Politicians decide what the distribution ought to be according to some principle like equality, need, or political reward and then create economic policy to bring about that outcome. -emphasize substantive guarantees * The societies that have tried to put these theories into practice have ended up with very repressive political systems leaving few supporters of it left. * China, who claims allegiance to the idea of a socialist economy, ended up introducing market-based reforms in the 1970s leading them to becoming the second largest economy behind the US as of 2015. EX: Soviet Union

What is a major part of politics?

- competing to have your narrative accepted as the authoritative account * major part of politics as if your political narrative is accepted you have more influence in terms of power (who has it, how it is used, and its nature).

Tools of Politics

- compromise and cooperation - discussion and debate - deal making - bargaining - storytelling (narratives) - bribery and deceit - NOT Violence, unless its used as a threat

What are some examples of questions with both political and economic dimensions?

- how to pay for government - about government's role in the economy - and about whether government or the private sector should provide certain services

What are some examples of Rules that are "official"

- laws that are passed, signed, and entered into the books - amendments that are ratified - decisions made by bureaucrats - judgments handed down by the courts.

Democratic Narratives (Notes)

- power comes from people is misleadingly simple. - Some democratic narratives hold that all the people should agree on political decisions. This rule of unanimity makes decision making very slow, and sometimes impossible, since everyone has to be persuaded to agree. Even when majority rule is the norm, there are many ways of calculating the majority. - Decisions more difficult when there are more people to be persuaded. - Idea of majority rule brings issue of minority rights (why we have electoral college). - there are multiple narratives about how much and in what ways popular power should be exercised in a democracy.

Production and Distribution in a Capitalist Economy

- rely on the individuals within the free market to decide how much of a given item to produce or how much to charge to obtain said item -In capitalist countries, people do not believe that the government is capable of making such judgments (like how much toothpaste to produce), so they want to keep such decisions out of the hands of government and in the hands of individuals who they believe know best what they want.

Power Definition

- the ability to get other people to do what you want

Social Order definition

- the way we organize and live our collective lives - Politics is essentially the process of providing a social order.

Importance of Norms

- they guide acceptable political behavior, boundaries between political branches, the ways we do things in general, and our traditional practices. * Norms can be thought of as grease on the wheels of politics to keep them running smoothly. * Must be understood that norms are very important even though they are not official written laws. They are essential for the survival of a government and the political process.

What are the intentions of founders who design these Rules and Institutions across the many different systems?

- to create the kinds of society they think will be stable and prosperous, but also where people like themselves are likely to be winners. * remeber when seeing this that the Rules and Institutions we choose influence who most easily and most often gets their own way. ^ consider this in relation to the founders intentions and why they do it. What wer the American founders intentions when designing our rules and institutions?

Politics definition

- who gets what, when, and how - a way of determining who gets power and resources in a society, and how to get them without violence

What qualifications must be met for someone to be an American Citizen from birth?

1. If you are born in any of the fifty states or in most overseas U.S. territories, such as Puerto Rico or Guam, you are an American citizen, whether your parents are Americans or not and whether they are here legally or not. 2. born outside the United States to American parents

Why was Authoritarianism so popular in the Middle Ages?

Authoritarianism was a lot easier to pull off when few people could read; maintaining a single narrative about power that enforced authoritarian rule was relatively simple.

Why do we need the tools of politics?

Because there are many competing narratives about how to manage power—who should have it, how it should be used, how it should be transferred—agreement on those principles can break down.

What is the downside to the rich diversity we have in the United States?

It has also contributed to some of the nation's deepest conflicts. - this stems from the various beliefs and values different people may have due to where they as American citizens may have originally come from. This leads to a great deal of diversity of thought in America. This is because the various people vary in how they spend their time and money, what they believe and how they act on those beliefs.

James Madison Beliefs and Influence

Locke particularly influenced the writings of James Madison, a major author of our Constitution. - Like Locke, Madison thought government had a duty to protect property. - Madison rejected notions of "pure democracy," in which all citizens would have direct power to control government,opting instead for what he called a "republic." Which he believed relying on representation and would be more appropriate in a large polity where there would be a lot of citizens to be heard.

How can we begin to understand the drama of American Politics?

Must have an in-depth look at "who" the actors are that in many ways shape the "what" and "how" of politics - what we want from the government stems from who we are. > Understanding where American citizens have come from and what they have brought with them, what their lives look like and how they spend their time and money, and what they believe and how they act on those beliefs is critically important to understanding what they choose to fight for politically and how they elect to carry out the fight.

What lays the foundation for American Institutions?

Our Constitution lays the foundation for the institutions such as congress, the presidency, the courts, and the bureaucracy.

Participatory Democracy (Democratic Narrative)

Participatory democracy claim that individuals have the right to control all the circumstances of their lives, and direct democratic participation should take place not only in government but in industry, education, and community affairs as well. - For advocates of this view, democracy is more than a way to make decisions: it is a way of life, an end in itself. In practice, those who argue for democratic government probably include elements of more than one of these democratic narratives; they are not mutually exclusive.

Pluralist Democracy (Democratic Narrative)

Pluralist democracy argue that what is important is not so much individual participation but rather membership in groups that participate in government decision making on their members' behalf.

How can a Refugee become a legal permanent resident of the United States?

Refugees may become legal permanent residents after they have lived here continuously for one year * there are annual limits on how many can do this

Athens Importance and Notes

The heyday of democracy, of course, was ancient Athens, from about 500 to 300 BCE. - Athenian democracy was a pretty selective business, as it was ruled by "the people," but "the people" excluded women, slaves, youth, and resident aliens. - Athenian democracy was not built on values of equality, even of opportunity, except for the 10 percent of the population defined as citizens. - We can see parallels here to early colonial American democracy, which restricted participation in political affairs to a relatively small number of white men with wealth and particular religious beliefs. - Limited as Athenian democracy was, it was positively wide open compared to most forms of government that existed during the Middle Ages, which was full of Monarchs. This gives importance to Athens, as it was the people in charge vs being the subjects to the Government.

What is one of the United States's greatest strengths, which is a result of immigration.

The rich diversity of the American people is one of the United States' greatest strengths, combining the various talents, traditions, cultures, and customs which represent places from every corner of the world. - Also leads to diversity of thought in America, which is a major distinction from other countries who may be more ethnically homogeneous (such as the Scandinavian countries).

Non-authoritarian systems

Ultimate power rests w. individuals to makes decisions concerning their lives.

What is important about political and economic systems?

What is important about the political and economic systems we have been sorting out here is that they have a direct impact on the lives of the people who live in them. - they differentiate in many ways when looking at the powers/opportunities given to the people.

Why does violence occur?

When people resort to nonpolitical means of imposing their ideas about social order it is typically because... - the channels of politics have failed - they cannot agree on basic principles - they don't share a common understanding of what counts as negotiation and so cannot craft compromises - they are unwilling to compromise - they don't really care about deal making at all - EX: bombings (either of. building or themselves),and flying airplanes into buildings

Government definition

a system or organization for exercising authority over a body of people * government is shaped by the process of politics, but provides the rules and institutions that shape the way politics continues to operate.

Information Bubble

a closed cycle, sometimes self-created, in which all the information we get reinforces the information we already have, solidifying our beliefs without reference to outside reality checks - Can be self created on things like social media platforms, from when one only follows those who share their view point of view. Not being exposed to any other view points which they may disagree with. - essentially an Echo Chamber - ridden with Confirmation Bias - leads to group think (the practice of thinking or making decisions as a group in a way that discourages creativity or individual responsibility.) - those that are in Information Bubbles are easily swayed by political narratives from places like the media due to the above

Self-Interested Citizenship

a view of citizenship focused on action to realize an individual citizen's interests - What American's demonstrate in our system, trying to use the system to get the most they can for themselves. - This does not mean there are not those who put their country first, or that the individuals in America do not care about serving, as there are people who enlist in the armed services, sometimes giving their lives for their nation, or who go into law enforcement or teaching or other lower paying careers because they want to serve for the common good.

Public-Interested Citizenship

a view of citizenship focused on action to realize the common good - "Republican Virtue" Madison wanted - Not the rule in America

Legitimate definition

accepted as "right or proper

Rules definition

directives that specify how recesses will be distributed or what procedures govern collective activity * the "how" in the quote who gets what and how.

Substantive Guarantees

government assurance of particular outcomes or results

Refugees (definition)

individuals who flee an area or a country because of persecution on the basis of race, nationality, religion, group membership, or political opinion - Political Refugees may come to the United States as Non-Immigrants seeking Asylum.

Citizens (definition) (The People as Citizens)

members of a political community with both rights and responsibilities - power is drawn from people in democratic narratives that follow this - The people are sovereign, and give consent to be governed. - The government responds to the will of the people - Theoretically, democracies are ruled by "the people," but different democracies have at times been very selective about whom they count as citizens. Just because a system is called a democracy is no guarantee that all or even most of its residents possess the status of citizen. - At a minimum, possess certain rights, or powers to act, that government cannot limit, although these rights vary in different democracies. - Citizens of democracies also possess obligations or responsibilities to the public realm. They have the obligation to obey the law, for instance, once they have consented to the government. they may also have the obligation to pay taxes, serve in military, or sit on juries.

Institutions definition

organizations in which government power is exercised * think of institutions as the "where" of the political struggle

Authority definition

power that is recognized as legitimate, or right

Anarchy

the absence of government and law - most extrem non-authoritarian system - values freedom to do whatever more then the value of order ands security that a government could provide.

Identity Politics

the assertion of power, or discrimination, by a group—or an appeal for support to a group—based on their common perception of who they are (Book definition) ^ - political conflicts occur based on the claims of groups who feel their interests are being ignored or undervalued because of who they are. EX: New immigrants who may exercise this, or those in White America who view immigrants as a threat to their way of life/status. Simply put: - Political activity and ideas based on the shared experiences of an ethnic, religious, or social group emphasizing gaining power and benefits for the group rather than pursuing ideological or universal or even statewide goals

Social Contract

the notion that society is based on a voluntary agreement between government and the governed in which people agree to give up some rights in exchange for the protection of others - Came from Locke, who argued that before government comes into being, people have natural rights. They give up some of those rights in order to have the convenience of government but retain enough of them to rebel against that government if it fails to protect their rights.