Exam #1 Review TAMU POLS 206 (Prof. Jason Smith)

EXTRA CREDIT

"John Marshall started the liberty bell crack during his funeral service." "Benjamin Franklin was in his eighties while writing the Constitution. Still a womanizer, had many orgies, was a heavy drinker, had people to follow him and shut him up when drunk and close to giving out government secrets about Philadelphia. He was the biggest threat to the secrecy of the Constitution."

What are the different types of grants?

- Categorical grants: federal grants that can be used to specific purposes; grants with strings attached (project grants based on merit, formula grants based on formulas) - Block grants: federal grants given more or less automatically to support broad programs

Probable cause (also why is it important?)

4th amendment

Exclusionary rule

A law that prohibits the use of illegally obtained evidence in a criminal trial Mapp v. Ohio (1961) - Where there is no warrant and something isn't in plain sight. The war on terrorism - USA Patriot Act (2001) Fifth Amendment - Burden of proof on prosecution Miranda v Arizona (1966): Miranda rights - Right to remain silent - Knowledge that what you say can be used against you - Right to an attorney present during questioning - Right to have an attorney provided if you cannot afford one

Policy agenda

A list of subjects or problems to which government officials as well as individuals outside the government are paying serious attention at any given time. Decided by the people?

3rd Amendment

No quartering of soldiers

14th Amendment (1868)

No state shall make or enforce any law which shall abridge the privileges or 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

Necessary and proper clause

Also known as the elastic clause. Gives congress the power to pass all laws necessary and proper to the powers enumerated in article 1, section 8.

Gibbons v. Ogden (1824)

Commerce powers The commerce clause (clause #3). Exclusive shipping on the Hudson to one company. Ogden sues over this, goes to supreme court. Supreme court says NY does not have the power to do this. The Hudson river is not exclusive to NY so they deemed it unconstitutional (power of federal government grows).

Griswold v. Connecticut (1965)

Court states right to privacy implied There was a ban on contraceptives in Connecticut. Planned parenthood opened up shop in Connecticut, went to court, unstated liberties

Gregg v. Georgia (1976)

Death penalty not cruel and unusual Response to Fermin v. Georgia (1972): death penalty in U.S. is cruel and unusual punishment, minorities in Alabama were being sentenced for crimes that whites weren't sent for, as a result the death penalty banned in U.S. from 1972-1976 - On a separate note it had already and is banned by some states back then and currently - Death penalty brought back because Alabama cleaned up its act

Policymaking system

How policy comes into being and evolves over time. Ongoing process, even if government shuts down or doesn't meet. - People: starts with you getting involved. Issues, concerns, and problems - Linkage institutions: since most of us don't talk directly to our government officials. Public opinion, media, political parties, interest groups, elections (the key institutions, no term limits for congress at the national level)

Politics

How those institutions run and how policy is actually made in those institutions. Who gets what, when, and how Harold Aswell, political scientists 20's/30's, put this forward - Who = elite vs masses, races, ages, or ethnicity - What = substance of that policy - When = timing. Not all laws go into effect at the same time (ex. ACA) - How = how we participate

Policymaking institutions

Legislative, executive, courts, and bureaucracy is considered the fourth - Policies: fiscal (management of government and money), education, social service - Feedback loop - People (once a policy is implemented its the people that decide whether or not the policy works for you. If it does then it starts all over again with different concerns/issues) *Civil rights, national defense, and health care are all examples of public policies *Not all political issue make it to the government's policy agenda Policy implementation

Separation of powers

Legislative, executive, judicial

When does the bill of rights come into the constitution?

On December 15th, 1791, around two and a half years after the constitution (1789), and around fifteen years after the declaration of independence

Lemon v. Kurtzman (1971)

The Lemon Test: three criteria must be met - Has to be for a secular purpose - Cannot advance nor inhibit religion - Avoid any excessive government entanglement

District of Columbia v. Heller (2008)

The ban of firearms for use of lawful purposes like defense in a home is unconstitutional - This case specifically doesn't rule out states because D.C. is a federal district

10th Amendment

Those powers not given to national government and not prohibited by the states, are reserved for the states or the people respectively (basis of dual federalism)

Federalism

Three different types (two and a subtype, fiscal)

What did the founding fathers see as the purpose of government?

To protect life, liberty, and the pursuit of happiness

Gitlow v. New York (1925)

Used the 14th amendment (states) Gitlow is 1st amendment case, but the outcome of Gitlow was the first use of the 14th amendment to apply part of the bill of rights to the states. It concerned the freedom of speech, but the trial was concerning the use of the 14th amendment. - Due process clause - Incorporation doctrine - Not all rights incorporated - Only place in the constitution that the concept of equality appears

Checks and Balances

When different branches of government check each other - also slows down government, gridlock - protects majorities and minorities

Know the concept of judicial review

textbook

Know the theories of contemporary American democracy

○ Pluralism § Groups of minorities working together. Groups compete to have their voice heard, through competition good government policy will prevail because they have to compromise. TRUE pluralism no group is in the majority. Best policy for the most people. Things get done. ○ Elitism/Class theory § Power is held by the wealthy. Divided along class lines. Elite vs. the Masses. Capitalist society. ○ Hyper pluralism Too many groups trying to control policy. Exactly like Pluralism but gone crazy. Some of these groups control the government and dominate. Groups compete but they're too strong that nothing gets done and it weakens government. Compromise doesn't happen because these groups are too strong. Things don't get done.

How has the court judged symbolic speech? (burning the American flag versus burning a draft card)

○ Symbolic speech ▪ Wearing an armband ▪ Burning the U.S. flag ▪ Marching in a parade ▪ Limitations □ Burning draft cards (official government document) Threats

Free exercise clause

Belief versus practice - Not all practices protected - Cannot violate rights of others - Example case of the Amish - Discrimination in employment Strict scrutiny - Compelling state interest - Narrowly tailored

Near v. Minnesota (1931)

Freedom of press case, prior restraint - Unconstitutional censorship - Does not apply to students - Exception for national security (ex. war time)

1st Amendment

Freedom of religion, speech, press, assembly, and petition

Schenk v. United States (1919)

Freedom of speech and public order Government can censor what's harmful to national defense (wartime) - Wartime trade-offs - "Clear and present danger" standard - Dangerous or merely inconvenient - Anticommunism

Planned Parenthood v. Casey (1992)

From "strict scrutiny" to "undue burden"

How has the court judged symbolic speech? (burning the American flag versus burning a draft card)

Government property is bad, everything else is okay

Civil rights

Group protections against discrimination (race, ethnicity, sexual orientation, age, etc.). These can be violated by an individual not necessarily the government.

Barron v. Baltimore (1833)

Helped define the concept of federalism in US constitutional law. The Court established a precedent that the Bill of Rights did not apply to the state governments.

What does a constitution do? (also specifically for the U.S.)

- Creates political institutions. Branches of government and separation of powers, checks and balances "Madisonian model" - Provides certain guarantees to citizens. The constitution does not grant positive rights. 5 fundamental liberties. It doesn't say that you can do those things, it says that the federal government can not interrupt you/establish a law against those things. Civil liberties. Civil rights are something entirely different. - Sets broad rules for politics (not neutral). What congress and courts can/cannot do. Conservative bias (staying the same) meaning it will stay in place. Very slow to change in this country

Representation

- If each district has a different number of people, the votes won't be equal - We want them to look and act like us, but that isn't always the case. - We have more millionaires in the senate than we ever have. They don't necessarily represent who we are. - A problem to solve when the constitution was being created

What should government do?

- Maintain a national defense. Countries can do this without having a standing army. (ex. Panama) - Provide public goods and services. This varies across countries, US provides fewer benefits than other countries. Clean air and clean water are public goods. Public schools. - Preserve order: more domestic. National guard, state guard, state troopers, county sheriff, police etc. - Socialize the young: socialize into political culture/norms. Example: pledge of allegiance to US and Texas and moment of silence. Role of schools across all governments - Collect taxes: in every single government its the people that pay for the government.

Political Participation

- Most of us will participate by just voting. - More than just voting - Before the right to vote was implemented, protesting use to be the primary way that people participated in politics. - Writing letters, volunteering and running for office are all ways that you can participate - Our generation statistically does not follow politics/does not care. - Rise in the technology age has not increased the level of political knowledge. *The health of America's democracy is "poor" because of low voter turnout

What are the consequences of separation of powers and checks and balances?

- can be slow - have to be careful that some branches do not become too powerful - sometime all branches are overwhelmingly republican/democrat which can defeat the checks part of the system

Supremacy clause

Article IV of the Constitution states the following are supreme: - only national government is listed in the supremacy clause and only two forms of government are listed in the constitution - the us constitution - laws of congress (as long as these laws don't violate the constitution) - treaties

Miranda v. Arizona (1966)

Don't have to say anything that can be self-incrimination

Full faith and credit clause

Each state must recognize official documents and judgments rendered by other states - Article 4 section 1 of constitution

Establishment clause

Education Lemon v. Kurtzman (1971): aid to parochial schools, Lemon Test - The money has to be for a secular purpose (furniture, food, school supplies) - Cannot advance nor inhibit their religion - Avoids excessive government entanglement Zelman v. Simmons-Harris (2002): Vouchers are constitutional (vouchers say that the school a student is zoned to is bad so they are basically doing the student a disservice so the student can choose to go to another better school instead, can be used for religious schools) Religious activities in public schools - Equal access for religious groups - Scholarships and instruction - School prayer (most controversial issue)

Marbury v. Madison (1803)

Established the use of judicial review

Public goods

Ex. clean air, clean water, public schools

Mapp v. Ohio (1961)

Exclusionary rule Where there is no warrant and something isn't in plain sight. - The war on terrorism - USA Patriot Act (2001)

Know Madison's philosophy on factions

Federalist: supported the constitution, federalist papers (85 articles that convinced the people why they should support the ratification. Selling the constitution to the people. Federalist 10- must check factions and government was meant to check the best interest of the people. 51-separation of powers), wanted stronger national government, Alexander Hamilton, James Madison, John Jay- 1st chief justice of the supreme court

8th Amendment

Freedom from excessive bail, cruel and unusual punishments

4th Amendment

Freedom from unreasonable searches and seizures

McCulloch v. Maryland (1819)

Implied and enumerated powers The first use of the implied powers clause. Maryland wanted to tax on any bank not chartered by the state of Maryland. McCulloch managed Baltimore bank, and sues Maryland. Goes to supreme court, says national bank is constitutional and congress has the power to create a national bank. "The power to tax is the power to destroy" - Congress has certain implied powers. Implied powers clause. - Article 1 section 8 clause 18 in order to carry out the 17 powers, we might not have thought of everything and congress might have to do something else to implement these, meaning congress will have powers as well (Power of national government grows)

Due process clause

In the 14th amendment. Deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.

Civil Liberties

Individual, constitutional protections against arbitrary governmental action. From constitution and interpretation of constitution. More gained through the bill of rights. Cops do not have the right to violate these.

Government

Institutions by which authoritatively binding decisions (laws/rules/regulations) are made for society - Local, state and federal - We have a form of a democracy but not a true democracy

9th Amendment

Other rights of the people

Roe v. Wade (1973)

Prohibits state bans on abortions Appeal started in 1971. Court saw it as a privacy case, not emotional issue. Not guaranteed but available in some places - First trimester abortion is okay - Second trimester is ??? - Third trimester is illegal everywhere - Balancing test: state interest in protecting women's health, prenatal life

What do all governments provide?

Revel

Devolution

The transfer or delegation of power to a lower level, especially by central government to local or regional administration

7th Amendment

Right of trial by jury in civil cases

5th Amendment

Right to due process of law, freedom from self-incrimination, double jeopardy

2nd Amendment

Right to keep and bear arms in order to maintain a well regulated militia

6th Amendment

Rights of accused persons, e.g., right to a speedy and public trial

What amendments protect which civil liberties?

See amendments

Know the criteria from Robert Dahl on the ideal political process

See other Dahl term

How do we go about amending the constitution? (formal and informal)

The formal amending process: - Proposal: 2/3 vote in each house, 2/3 of a national convention called by Congress - Ratification: 3/4 vote of the state legislatures, special state conventions in 3/4 of the states - Prohibition is only ??repealed?? Amendment by state convention, twas a mistake The informal amending process: - Most changes have been informal - Judicial interpretation (Marbury v. Madison, 1803) - Don't really need to know date, only the outcome/impact - Changing political practice - Technology (mass communication) - Increased demands for new policies Marbury v. Madison (1803): the first use of judicial review in history, not really a given power, Marbury appointed midnight judges (John Marshall, etc.), Madison refused to send the appointments because his term was almost over, Marbury won???, fundamentally changed the concept of judicial review which effects a large portion of major cases in the future

Powell v. Alabama (1932)

The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial. - The first time the Court had reversed a state criminal conviction for a violation of 14th amendment?

Public policy

The means by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. If this definition sounds vague or confusing, it's likely because a public policy is generally not a tangible thing but rather is a term used to describe a collection of laws, mandates, or regulations established through a political process.

Gideon v. Wainwright (1963)

The right to an attorney The state must provide attorney for indigent, Gideon was convicted without an attorney for five years, learns law and writes a habeas corpus petition in jail - Attorneys in this case either work for the state, are contracted out, or are required by the state - Habeas corpus: not held without charge - Speedy and public trial with an impartial jury

Know the events of the constitutional convention (Virginia Plan, Connecticut Compromise, etc., also general arguments)

• Aborted Annapolis meeting ○ Annapolis meeting leads to constitutional Convention ○ Only 12 representatives from 5 states showed up. They needed all of them, so they couldn't revise it. ○ Not enough people showed up so they couldn't do it. A call goes out to meet in philly for the sole purpose of revising the articles of confederation. • Gentlemen in Philadelphia and philosophy in action ○ Who attended constitutional convention? § 55 delegates from 12 states § Wealthy planters, lawyers merchants ○ High principles versus self-interest (what they agreed upon) § Human nature - self interest § Political conflict - class driven? § Purpose of government - check natural self interest of the people. It is built in order to protect that philosophy. § Nature of government - they agreed on this. Good government was balanced government. Protect minority and majority. System of checks and balances. It was not original ○ It turns into the constitutional convention because of Rhode island Rhode Island is still the longest state name in the country, Rhode Island and Providence Plantation is the official name

Know the different elements of the American political culture

• American political culture and democracy ○ Political culture based on American creed. Our political culture is what binds us. § Liberty: cornerstone of the Bill of Rights. Life, liberty and pursuit of happiness. § Egalitarianism: equality of opportunity, social equality, political equality. § Individualism: Individuals seeking opportunity to be themselves. § Laissez-faire economics: leave it alone. The government does not get involved in the economy as much anymore. Up until the 1930s the government isn't involved as much. § Populism: common ordinary citizen is idealized in American politics. Everyone is for the people. It's a mean to an end.

Know the philosophy of John Locke (also how does it compare to the declaration of independence?)

• The English heritage: the power of Ideas ○ John Locke § Natural rights-given to you by a creator. § Life, liberty, property § Purpose of government is to protect § First to put forward limited government (in the west) ○ Consent of the governed § If they're not longer protecting, which is the sole purpose. § Justifies revolution ○ Limited government ○ Locke's philosophy justified overthrowing a government. There is no direct parallel in the declaration of independence for property. For Locke, property was sacred. D of Independence couldn't mention property because the majority of the country did not have property.

Know the different types of federalism (two and a subtype, fiscal)

• There are many types of federalism, only need to know ones below • Dual Federalism: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies • Cooperative Federalism: a system of government in which powers and policy assignments are shared between states and the national government • Fiscal Federalism: the pattern of spending taxing, and providing grants in the federal system ○ The Grant System: distributing the federal pie § Categorical grants: federal grants that can be used to specific purposes; grants with strings attached (project grants based on merit, formula grants based on formulas) § Block grants: federal grants given more or less automatically to support broad programs ○ The Mandate Blues: § Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant § Unfunded mandates

Know the Madisonian model

• Thwarting the tyranny of the majority ○ What comes out of the constitution is Madisonian model. ○ Limiting majority control § James Madison's system: balanced government ○ Separating powers § Each branch having its own separate power that it performs. Legislative: makes laws. Executive: executes the law. Courts: interpret § Supreme court is the only court mentioned by name ○ Creating checks and balances § Congress can check itself. Senate vs house. Veto vs. congress. ○ Establishing a federal system Gave more power to federal government but it is not all powerful. Dual confederalism. Federal, state, and shared powers

Know Dahl's principles of traditional democratic theory

• Traditional Democratic Theory ○ Key principles of the democratic process (according to Robert Dahl, ideal democratic process), *every principle should answer the question: "Who really governs?" § Equality in voting: one person, one vote. □ In this country we have a representation model. If each district has a different number of people, the votes won't be equal. § Effective participation: participation has to be representative. □ Different percentages of ethnicities, the percentages of people who vote should match. Votes breakdown the same way the population breaks down. We don't have that in the US. § Enlightened understanding: Freedom of press and freedom of speech are essential for civic understanding. Must have enlightened people for this to work □ We MUST be able to openly debate subjects. Our freedom of press does not always mean freedom of speech. § Citizen control of the agenda: citizens should have the right to control the government policy system □ We don't have a popular vote on laws. § Inclusion: citizenship should be open to all within a nation □ We DO have that in America. If you come here legally, it is available. ○ Two things that are missing? § Majority rule and minority rights: □ we don't always let majority rule because we have to protect minority rights. Minority ideas. Just because you don't agree with the majority of your state, they can't eliminate you. Democracy is ABOUT the conflict between the two. If we had true majority rule then we would have no way to stop them. □ Mostly majority rule as long as it doesn't hurt minority rights. § Representation □ We want them to look and act like us, but that isn't always the case. We have more millionaires in the senate than we ever have. They don't necessarily represent who we are.

How does the supreme court see spoken word, slander, and written word?

▪ Libel and slander □ Deformation - Libel = written - Slander = spoken - Standards for conviction high □ Public figures - New York Times v. Sullivan (1964) - Intentionally malicious □ Private individuals - Defamatory falsehood Negligence