gov final
Second Amendment Protections
"being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed." District of Columbia v. Heller 2008
Shays' Rebellion
(August 1786- February 1787): uprising in western Massachusetts led by Shays because of high taxes and strict economic conditions within the state. became a persuasive argument for a stronger national government. showed the weakness of the Articles.
Constitutional Convention
(May 14- September 17, 1787) : idea was to amend the Articles of Confederation all of the states went except Rhode Island. the point of the event was to revise the Articles and decide how America was going to be governed.
National Security Council
(NCS) IN 1947, agency within the Executive Office of President, to advise the president on domestic, foreign, and military policies related to national security. the president of the US is chairman of the NCS, and is the chairman of Joint Chief.
day 3: Rights of the Accused
4th amendment:protects against "unreasonable searches and seizures" means that law enforcements officials may not search a person's home without prior consent or a legal order a warrant must be based on probable cause, or reasoning suspense of criminal behavior. 5th amendment: protections for people accused of crimes the right to a grand jury and protections against double jeopardy, self-incrimination, and government seizure of property without just compensation. it requires that the national gov follow due process of law self-incrimination was meant to prevent law enforcement officials from pressuring suspects into admitting guilt for a crime they didn't commit. 6th amendment: guarantees additional rights to the accused: to have a speedy and public trial by an impartial jury, to hear and question witnesses, and to be defended by a lawyer. 7th amendment: right to a jury trial in civil cases. They don't involve criminal matters. 8th amendment: protects against excessive bail and forbids cruel punishment. appeal: one chance, usually and no constitutional guarantee of appeal, but federal and states allow at least one appeal.
Masterpiece Cakeshop v. Colorado Civil Rights Commission
7-2 decision for Masterpiece Cakeshop, The Colorado Civil Rights Commission's conduct in evaluating a decline violated the Free Exercise Clause. In favor of the baker. It protects a person's first amendment and beliefs.
Nullification Theory
According to Jefferson, the union was a compact of multiple states. the federal government was their agent with specific powers and shouldn't interfere with state powers. the states know what's best, in this theory.
selective incorporation
After the 14th amendment, the Supreme Court believed is important, and the Court would put certain parts of certain amendments. (everyone needs to get the protections). The resistance by the Supreme Court to invoke this to protect the rights of the accused in the states. The 14th amendment that are ratified in 1868, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
ACLU
American Civil Liberties Union It acts as a check on the powers of the government. It is the guardian of liberty, working in courts, and communities to defend the individual rights of the Constitution.
warren court
Chief Justice, Warren, presided over the Supreme Court during a period of sweeping changes in US constitutional law, especially in the areas of race relations, criminal providence, and legislative apportionment. in his 1st year, he spoke for a unanimous court in the leading school-desegregation case, Brown v Board of Education of Topeka (1954) stating the declaring unconstitutional the separation of public-school children according to race. a common denominator in his decisions and indeed the legacy of what has to come to be known as the "Warren Court - was a profound sensitivity to the impact of judicial decisions on society at large. viewing the court as much more than an agency that merely interprets law. He used the court as a vessel for social change, especially in the field of civil liberties and civil rights. He interpreted the constitution in an open-ended manner, reading its provisions as potential solutions to contemporary social problems.
civil l. and rights: day 1 Civil Liberties
Concern basic rights and freedoms that are guaranteed. It could be considered as groups of people, race, and religious It means the rights of the individuals
congress and bur
Congress can create or abolish agencies and departments cut or reduce funding investigate agency activities hold committee hearing pass legislation that alters an agencies functions influence or even fail to confirm presidential appointments
Congressional Oversight
Congress has the ability to oversee the executive branch and its agencies to ensure that the law is being carried out faithfully. To make sure that they are enforcing the laws passed by Congress faithful and not abusing the law.
legislative branch: day 1 US Congress
Congress of the US, legislature of the USA, was created as a bicameral legislature. It was established under the Constitution of 1789 as a separate structure from the executive and judicial branches of government.
model types
Delegate model: the view that an elected representative should represent the opinions of his or her constituents Trustee model: a model of representation in which a member of the House or Senate follows his or her own conscious deciding issue positions.
Korematsu v. US
During WW2, the US government decided to require Japanese-Americans to move into relocation camps as a matter of national security. the Executive order did not show racial prejudice but rather responded to the strategic imperative of keeping the US and West Coast secure from the invasion During that time, the Japanese bombed Pearl Harbor and this case expanded the power of the federal government. it failed to protect the civil rights of the Japanese Americans.
seante
Each state elects 2 senators for 6 years terms. The terms of about 1-third of the Senate membership expire every 2 years. The role of the Senate was conceived by the Founding Fathers as a check on the popularity elected HOR. Thus, each state, regardless of size and population, is equally represented. 17th amendment of the Constitution (1913), election to the Senate was indirect, by the state legislatures. They are now elected directly by voters of each state. The senate is given important powers under the "advice and consent" provisions (Article II, section 2) of the Constitution they also adjudicate impeachment proceedings initiated in the HOR, a 2-3rds being necessary for conviction. must be a citizen (at least 9 years), must be 30 yrs old. the leader of the largest party is known as the majority leader, while the opposition leader is known as the minority leader. the president of the senate is the vice president of the USA and he is a tie breaker vote, if needed. To check a filibuster: endless debate obstructing legislative action-3-5ths of the membership (60 senators) must vote for cloture.
Important Amendments 12: electors vote for the president and vice president on separate ballots 20: inauguration date moved from March 4 to January 20 22: president is term limited to 2 terms 23: awards electos to the District of Columbia 25: addresses presidential vacancy and disability.
FDR Turning Point He greatly expanded the power of the federal gov. during the Great Depression (1929-1941) and led the country to an allied victory during WW2. created minimum wage, created social security, FDIC insurance, farming subsidies, and Tennessee Valley Authority.
Types of Mandates
Funded mandates: the federal government gives the states money to help them do what they want. (federal speed limit and federal drinking age) unfunded mandate : regulation that requires a state or local government to do specific actions, yet no money is awarded. (Americans with Disabilities Act) Unfunded mandates are necessary because they would have equal rights.
Establishment Clause
Government may not put national church the gov ca not promote or endorse one religion over another also, they can not encourage the exercise of religion and the wall of separation b/t church state. Engle v. Vitale the lemon test
burger court
He and fellow Nixon appointed justices didn't try to reverse the tide of activist decision making on civil-rights issues and criminal law that was the Warren court chief legacy The court upheld the 1966 Miranda decision, which required that a criminal suspect under arrest be informed of his rights, and the court also upheld busing as a permissible means of racially desegregating public schools and the use of racial quotas in the distribution of federal grants and contracts to minorities. burger voted with the majority in the court's landmark 1973 decision (Roe v. Wade) that established women's constiutitonal right to have abortions.
lincoln cabinet
He carefully selected his department secretaries to bring diverse skills and perspectives into his cabinet. He selected former Republican party rivals. Senator Williams H. became the secretary of state, Governor Salmon P. of Ohio to become secretary of treasury, and Missuori's elder statesman Edward to become the attorney general. Appointed former democrats to build bipartisan support: Secretary of the Navy Gideon Welles, Postmaster General Mongtgomery Blair, and Secretary of War Edwin Stanton. all six were more educated, better known, and had more government experience than him.
day 8: hughes years
In 1930(during great depression): nominated to be chief justice of the Supreme court maintained a complex relationship FDR in which he had to manage a liberal president and a conservative court FDR in reaction to the defeat of major new deal legislation, devised a plan to reorganize the court (court parking.) He wrote a letter to the Senate Judiciary Committee Hudgens attacked FDR's plan to reorganize the judiciary. After the threat, the SC largely upheld the remaining pieces of ND legislation. judicial independence: executive and legislation can't interfere. court stacking happens overtime and the court would shift in control. Court packing is opening a new position in the Supreme Court and the president fills in those spots.
Affirmative Action
It began as a government remedy to the effects of long-standing discrimination against groups. It has consisted of policies, programs, and procedures that give limited preferences to minorities and women in job hiring, admission to institutions of higher education, and awarding of government contracts, and other social benefits.
Article IV
It deals with federalism. The relations with the states and privileges of the citizens of the states. It includes the full faith and credit clause, in other words, requires states to know the official acts and judicial proceeding of other states. ( if a person seeks refuge in another state, that state must recognize that person. The requirement of each state provides the citizens the privileges and immunities to other states afforder the citizens of that state. The state must guarantee a reblican form of government (no king, no differences in government).
Article II
It deals with the executive power of the president. The president is the chief of the armed forces, usually negotiating treaties with 2-3rds of the Senate. The president can pardon part or whole of the sentence. The electoral college is the formal body which elects the vice president and president.
Article III
It deals with the judicial power in the courts. It states that the government will have a Supreme Court and it would be separate from the Congress and the executive. The supreme court justices must interpret laws and the supreme court has the power to make decisions in legal cases.
dred scott vs sandford
It divided the North and South over slavry and angered abolitionists. 13 and 14 amendment, abolishing enslavement, granting formerly enslaved Black Americans citizenship. The court held that the US constitution was not meant to include American citizenship for black people, no matter if they were free or not. He could not sue in a federal court and he was not a citizen. AA could not be a citizen and the Missouri Compromise of 1820 was unconstitutional.
federalist papar 78
It helps us better understand the Constitution and judicial review. It shows the checks and balances and sees the way they correlate to the constitution. The judges can not enforce the decisions and they rely on the other branches.
Enlightenment Era
John Locke: created the second treatise of government. Gov is created by the people and purpose is to protect the inalienable rights. L.L.P. Baron de Montesquieu: the spirit of laws, he believed that the power within gov. should be separated, ex: legislative, judicial, and executive. Competition between branches. Jean-Jacques Rousseau: the social contract, influenced by John Locke and believed in popular sovereignty. Meaning that people should be the source of "ruling authority."
us vs leon
Leon was targeted by police surveillance based on an anonymous informant's trip. Judge signs off on a search warrant against Leon. It did not establish the probable cause necessary to issue the warrant. It wasn't enough probable cause to get more evidence, to continue the search. Supreme Court creates the "good faith exception"
Mapp vs ohio
Mapp was convicted of possessing obscene materials after an illegal police search of her home for a fugitive. The evidence obtained by searches in violated of the 4rd amendment are inadmissible in a state court via(exclusionary rule)
Gibbons v. Ogden
Marshall concluded that the regulation of navigation and interstate commerce was a power reserved for Congress because of the Commerce Clause. Therefore, New York can not interfere with the power of Congress. Congress adopted a new view of the Commerce Clause by holding that the Congress had the power to regulate interstate commerce.
Obscenity and Free Speech
Material must lack "redeeming social value" and must be "patently offensive" "Reasonable person" to be judge of "community standards" The Supreme Court distinction between obscenity in public and at home. Miller v. California (1972), he wants to promote this business and was convicted of violating California statute prohibiting the distribution of obscene material. The court held that the obscene material did not not enjoy the 1st amendment protection.
Prior Restraint
New York Times Co. v. United States (1971) Ellsberg, secretly made copies of the "Pentagon Papers" and passed them to reporters for the New York Times. "Pentagon Papers" Justice Hugo argued that "only a free and unrestrained press can effectively expose deception in government" and rejected any prior restraints on the press. The prior restraint disallowed under extreme burden of proof on government.
4: Overturning Legal Precedent
Plessy v Ferguson (1896): advanced the controversial "seperate but equal" doctrine for assessing the constiutionally of racial segregation laws. "separate but equal"gave constituaitional sanction to laws designed to acheive racial segregation and supposedly equal pulbic facilities and services for African Americans and whites.
political spectrum
Political beliefs are measured on a line of political spectrum based on how liberal or conservative you are on varios and the role of government should play in resolving those issues. the left is more liberal and the right is more conservative the more the government is involve, the more it is on the left
public interest
Some of the restrictions exist on these basic rights. They are considered limitations that exist for minors for welfare. NO right is an absolute right. For example, the driver's restriction is 15 years old and the drinking age is 21 year old nationwide.
Schenck v. United State
The Court decided that the Espionage Act didn't violate the 1st amendment and Holmes concluded that the 1st amendment doesn't protect speech that represents or creates a "clear danger". The freedom of speech protection by the US Constitution 1st amendment could be restricted if the words printed or said represent danger. The government expanded.
Engle v. Vitale
The Court held that the official recitation of the prayers in the public schools violated the 1st's Amendment Establishment Clause. More power to the government.
McDonald v. Chicago
The Second Amendment applies to state and local governments as well as to the government. It gave government power and affected the ability of the state to regulate the possession of handguns.
Tinker v. Des Moines
The Supreme Court decided that the armbands represented pure speech that is separated from the actions of actually doing it. The Court took the position of the school officials and stated that they could not probit only on the suspicion because the wear might disrupt the learning. It gave more power to the government because the freedom of speech must be protected but not disrupt the process of learning.
Gideon v. Wainwright
The Supreme court ruled in favor of Gideon, guaranteeing that right to legal counsel for criminal defendants in federal and state courts. impact on the criminal justice system because the state has to follow the same "right to counsel" as federal courts do.
National Labors Relation Board v. Jones Laughlin Steel Corporation
The Wagner Act was constitutional. It allowed the government to regulate interstate commerce. the court expanded its power, interpreted by the Commerce Clause.
War Powers Act of 1973
The act sought to restrain the president's ability to commit US forces overseas by requiring the executive branch to consult with and report to Congress before involving US forces in foreign hostilities. widely considered a measure for preventing "future Vietnams." it was nonetheless generally resisted or ignored by subsequent presidents, many of whom regarded it as an unconstitutional usurpation of their executive authority. The president must notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, without congressional authorization for use of military force or a declaration of force.
day 4: shaping the Team (Vice President)
The constitution doesn't provide official powers/duties for the VP, besides President of the Senate The president determines how involved they want the VP to be within the administration. Dan Cheney- War on Terror, Joe Biden- 2008 Recession, and Mike Pence- CoronaVirus
Wisconsin v. Yoder
The court decided that Wisconsin's law violated the parent's constitution right to the free exercise of religion under the First Amendment. Good for the people, and emphasize the importance of the free exercise of religion under the First Amendment
McCulloch v. Maryland
The court decided that the Congress had the power to charter the bank and the state could not tax the bank. Marshall redefined the word "necessary" to "appropriation and liegtiatate". The states can't be supreme to the federal government and it's the federal government' bank to keep. It was one of the most important Supreme Court cases on federal power because the Congress has implied powers from the "Necessary and Proper" Clause, which gives them power to establish a national bank. It expanded the power of the federal government.
Miranda v. Arizona
The defendant's interrogation violated the 5th amendment. more power to the federal government.
Restrictions on Free Speech
The early period: the uncertain status of the right of the free expression (freedom of assembly, speech) During Sedition Act 1918, WWI was going on during this time. Espionage Act, 1917, during a war, the government becomes strong. That means that it could restrict certain types of liberties (1st amendment, mainly) Schenck v. United States (the Court held that the Espionage Act didn't violate the 1st amendment and was an appropriate exercise of the Congress' wartime authority.)
BAKER VS carr
The federal courts coil hear and rule on cases in which plaintiffs allege that re-apportionment plans violate the Equal Protection Clause of 14th amendment.' The court held that there were no such questions to be answered in this and the legislative appointment was a justiciable issue. ruled in favor of Baker ONE MAN, ONE VOTE= equal protection
federalist paper 51
The main idea was to address the appropriate checks and balances that needed to be created in government and support a separation of powers within the government. States were coming into the US and ratifying the US Constitution, like Georgia and Connecticut. The Bill of Rights was added into the Constitution. Point of view of Madison, urging citizens of New York to support ratifying the United States Constitution.\ It contributes to our understanding of government by checking other branches from becoming too powerful and keeping them in balances. This also protects the rights of the individuals and minority.
speaker of the house
The most significant role in the HOR is this. The person who is chosen by the majority party, presides over debate, appoints members of select committees, and performs other important duties; speakers are second in line of presidential succession (following the VP)
federalist paper 70
The point of view is the federalist and the bias was that he was biased because he is pursuing that the Constitution should be ratified but he is the author. The purpose was to ratify the constitution to build a new nation with a strong central government.
federalists paper 10
The purpose of the Federalist Papers were to persuade to ratify the Constitution. The essays defend the repulbican government made by the Constitution. The main idea is to provide a new nation with a strong central government to compete with the world. If having fractions in large government, it has to be in check. Larger fractions are better in regard to smaller fractions so furthermore, they need to be in check. The point of view are the federalists and the bias was that he is biased because he is pursuing that the Constitution should be ratified but he is the author of the document that he wants to be ratified. The purpose was to ratify the Constitution to build a new nation with a strong central government.
Brown v. Board of Education
The school boards violated the equal protection clause. Separate but equal are inherently unequal and violated the protections of the Equal Clause. racial separation of children in public schools was unconstitutional. Overturn laws enforcing segregation in other schools or public facilities.
University of California Regents v. Bakke
There is a single majority opinion, Justice Lewis cast a vote ordering the medical school to admit Bakke. The university's use of racial quotas in its admissions process was unconstitutional . Bakke won. It limited rights by giving all minorities higher priority.
Article I.
This part is about the legislative branches and the responsibilities to the U.S. government. The main point was to write and make the laws. The Great Compromise put that the representation in the House is based on the population. Bicameral: the two lawmaking houses. Also, the congress has the power to collect taxes, borrow money, coin money, and declare war and raise an army in article 1- section 8. The 2 lawmaking chambers of the legislative branch are the Senate and the House of Representative. Also, the House initiates impeachment and the Senate adjudicates them.
understanding the courts
US District courts by federal crimes such as counterfeiting, mail fraud, evading taxes, drug trafficking, bank robbery, etc District courts handle most cases of original jurisdiction Prosecutor/Plaintiff = US Defendant = person accused reading case name: prosecutor/plaintiff v. Defendant Plea bargain: allows for the gov and defendant to agree to a lesser sensation in exchange an admission of guilt. saves gov time and money. Each 94 District court has a US Attorney that represents the gov interest in cse and work alongside the FBI and work under the Attorney General and D. of Justice.
day 2: nation of laws
US is nation governed by laws not men rule of law is the principle of a government that no one is above the law.. including those who enforce the law
Symbolic Speech Protections
US v. Obrien (1968), during this time, height of the Vietnam War The Supreme Court upheld a federal law prohibiting the knowing mutilation of draft cards, rejecting the 1st amendment. The Court created the O'Brien test for determining whether expressive symbolic speech merits 1st protection. The Texas v. Johnson (1998) the government may not prohibit the expression of an idea simply because society finds the idea itself offensive. The restriction must be content neutral. The restriction must serve a government interest nad must be narrowly tailored There must be adequate alternates for expression
issue types
Valence issues: are concerns or policies that are viewed in the same way by people with different ideologies wedge issues: are corns or policies that have a sharp divide between people with different ideologies saliency: is the intensity of the divide (abortaion)
American Individualism
a belief in the fundamental worth and importance of an individual and favors the freedom of actions over collective or state control alex de Tocqueville's warning "individualism disposes each citizen to isolate himself from the mass of his fellows and withdraw into the circle of family and friends." freedom of expression
think tanks
a body of experts providing advice and ideas on specific political or economic problems over time, elected officials have become more reliant on having "think tanks" assist them in developing policy as they lack the nuance knowledge needed in drafting and understanding the impact of a new policy
Voting Rights of 1965
allowed federal agents to oversee voter registration states prevented from creating election districts that deliberately dilute the minority vote, or give it control. When the 24th amendment was ratified in1964, 5 states retained a poll tax: Texas, Arkansas, etc
equality of opportunity
americans generally agree that regardless of one race, gender, ethnicity, etc. that we should have the equal opportunity to succeed However, how involved should the federal government be? - there is no guarantee that it is a land of success.
Limited Government
americans largely believe that the power of the government should be limited to the powers found under the Constitution and that the rights of individuals found in the BOR must be upheld
Pork Barrel Legislation & Logrolling
appropriations made by a legislature for projects that are not essential but are sought because they pump money and resources into the local districts of the legislators. Local projects, such as dams, military bases, highways, housing subsidies Successful pork barrel legislation is more likely to be reelected by their constitution. Logrolling:is the practice of exchanging favors, in congress by voting for each other's proposed legislation.
mportant Provisions of Federalism
article 1, section 8 :enumerated powers of congress and elastic clause(power to tax). article 1, section 9: powers denied to Congress. The states must be treated uniformly article VI: the supremacy clause
types of polls
benchmark polls: is often the first type of poll used before a candidate declares their intentions to run for office tracking polls: ask people the same or similar questions over time to track the path of public opinion exit polls: are conducted outside polling precincts on election day to predict the outcome of an election focus groups: are small group of citizens ranging between 10-40 that are gathered to hold conversations about issues and candidates (less scientific/measurable but it offers deeper insight) approval rating: how favorable of a job is elected officials performing?
Types of Grants
categorical grants, by the Congress that spent for only defined purposes like anti-poverty programs. (Ex: Head Start and Medicaid) Block grants: by Congress to states and local governments to help support many broad purpose programs. (Ex: law enforcement, social services, public health, community development) The federal government favors categorical grants.
Planned Parenthood of Southeastern Pennsylvania v. Casey
changed the legal standard by which restriction on abortion are evualted and will have a profund effect on access on to reproductive health care. a federal appeals court upheld all the provision except for husband notification. The court reaffirmed Roe, but upheld most of all Pen. provisions. For the first time, the justices imposed a new standard to determine the validity of laws restricting abortions. court affirmed basic rulling of Roe v Wade (state is prohibited from baning most abortions)
activities of lobbyists
client interaction: informing clients and discussing strategies legislative activity: acquiring information via research and drafting legislation implementation: testifying in congress and filing lawsuits electoral activity: advertising support and PAC donations other activity: meeting with media for support and organizing on social media
comparative politics day 1
comparative politics day 2
The Constitution
constitutional convention: representatives of the 13 original states to write the constitution. It included a central government that is divided into 3 branches and has checks and balances. The Bill of Rights were the 0 amendments that guaranteed the rights of freedom to the citizens, controlled taxes, military, trade, and currency.
Declaration of Independence
created by the elite and wealthy people of the 13 colonies; and the point of the view was from the 13 colonies. the colonists wanted to cut political ties with Great Britain, their mother country. main idea is to state the colonist's rights and wanted the government's purpose to protect those rights.
shifts in political socialization
culture and demographics are fairly stable influences on political socializations. however, dynamic political and social events may cause a shift in attitudes and beliefs baby boomers (1943-1960) : civil rights movement, Kennedy Assassination, Cuban Missile Crisis, MLK Assassination, Vietnam War GenX (1961-1980) : Watergate scandal, rodney King Protests, Iranian Hostage Crisis, OPEC crisis, rise of personal computer based on the events, it can harden your views or it would cause you to split and change the view of the issue. millennials (1981-1996) : challenger explosion, columbine shooting, oklahoma city bombing, 9/11 attack, war on terroirms, 2008 recession, rise of internet GenZ (1997-2012) : gun violence, covid19, BLM, rise of social media
Powers Under Federalism
declare war, maintain armed force, relegate interstate admit new states, establish post offices, sett standards weights coin money, establish foreign policy, make all laws necessary and proper for carrying out delegated powers.
System of Federalism
dual federalism: the powers of the deferral government are the federal government. THe state powers are going to stay in its lane and not interfere. (powers were divided, among national ,state, and local governments) cooperative federalism: (1930s) Great Depression: the local governments interact cooperatively to solve common issues, rather than making policies separately . (are mixed) FDR was President and rolled out new programs and it expanded the powers of the federal government.
sampling error
even the most cautious pollsters can experience polling errors. This is why pollsters are expected to conduct multiple survey samples that ask similar questions and employ random sampling. In an ideal world, the same poll with different sampling groups should deliver a similar return. The average difference in the poll is called the margin of error. for pollsters to be confident with their results to margin of error should be between 4-8%
Chief Executive
executive orders empowers the president to carry out the law or administer over the government EX: truman in 1948 issued an executive order to integrate the US military b. EX: Clinton in 1933 issued the "Don't Ask, Don't Tell" policy which directed that military applicants not be asked about their sexual orientation. c. executive orders cannot address matters that deal with the powers of Congress. Changing the tax code, new interstate commerce regulations, redesigning currency, etc.
Jacksonian Era
expanding powers of the executive: president Jakson blazed a new trial for a more powerful Executive Branch during his time in office. Jackson dominated personality and popularity among common white voters caused shift in power to sway from Congress to the Presidency Unlike his predecessors, Jackson used the power of veto far more often and killed the 2nd national bank.
The Courts and the Bureaucracy
federal courts can through judicial review rule on whether the bureaucracy has acted within the law and the US. constitution provide due process for individuals affected by a bureaucratic action
Articles of Confederation
first U.S. constitution (1781-89), served as a bridge between the initial government by the Continental Congress of the Revolutionary period and the federal government. the drafters of the Articles established a confederation of sovereign states. Northwest Ordinance of 1787: established pattern of gov. in the territories north of the Ohio River. The idea is to create a written document that establishes the national government of the US after it declared independence from their mother country. Issues it had was the Articles gave Congress no power to enforce troops and taxes. (PACTS)
influence of globalizations
globalization is the process of an ever expanding and interactive global economy US is the dominant power affecting economic globalization with so many American businesses selling their products abroad globalization is seen by many as the "Americanizing" of the world via trade although the US exports much of its identity abroad through trade to other countries, the US too is also exposed to the culture and people of other countries This exchange has caused Americans to further embrace non-American brands and immgration.
Free Exercise Clause
government prohibited from interfering with any religion and practice of religion. the gov interference is allowed if it presents danger government interferences when the religious belief conflicts with the rights of others. Wisconsin v. Yoder
interest groups day 1: what are interest gruops
group of people that seeks to influence public policy on the basis of a particular common interest or concern faction are s. with political parties interest group: not interested in winning elections.
white house staff
he chief of Staff is the most important member within the presidential administration and does not need Senate confirmation they have deep loyalties to the president and serve at will the Chief of Staff has direct access to the President and information flows to them first prior to reaching the President.
Washington & Other Precedent
he created the first cabinet within the executive branch a body that was not outlined within the constitution b. he was set the precedent for a 2 term limit of Presidents that was followed until FDR. c. He introduced a policy of neutrality/ isolationism that remained until WW2 d. other precedent: the first ever peaceful transition of power took place after the Election of 1800. e. president Adams of the Federalist Party lost to Jefferson of the De-Repulbican Party and relinquished power without disruption.
Lincoln National Crisis
he expanded the power of the presidency during time of crisis (civil war) ignored many limitations on the power of the president to preserve the union - suspended habeas corpus, imposed martial law, issued arrests without warrants, searches and seizures without warrants, censoring ofthe press, and emancipation proclamation.
rehnquist court
he was appointed by president Reagan he as a reputation as a justice was based on his conservative voting record, and his leadership of the court as it moved from generally lbieral to mostly conservative like Reagan appointees- shared the president's vision that the court's interpretation of the and individual laws should be limited to reflect the orgiange intent of the framers and the letter of legislative statutes. federal laws regulating conduct such as religious expression, intrastate commerce, and criminal procedure were invalidated in deference to state's right. He believes in restraint. The duty is to the congress to resolve the issue.
supreme court
highest court of appeals that establishes constitutional precedent in its decisions if the case is important, then they take your case.
2: Process of Passing a Bill
in a typical 2 year period of Congress as many as 10,000 bills may be proposed. Only 300 to 500 laws are actually passed.
appellate courts
influential because they shape constitutional law. not concerned with reviewing the facts of a case. concern is whether the Constitution was properly applied within the cases. appealing party issues a writ of certiorari petitioner: appealer ; respondent: respondent
drawbacks of groups
interest groups will always promote their own interests over the general welfare of the community i/groups have the potential to lead into corruption and fraud not all IG are created the same.some have greater resources/access than others
institutional groups
intergovernmental lobby: with the US government always redistributing funds on a yearly basis, state and local government have formed their own interest groups (national governors assoc, US conf. of mayors) professional associations: are associated with business success and the laws that guide their trade (american bar assoc. national education assoc) corporations: since the 1970 consumer and environmental movements have prompted for free businesses to hire//organize lobbying firms/ the goals of corporate IG s to deregulate/reduce cost of the corporation (US chambers of commerce)
Marbury vs. Madison
irst to apply the principle of judicial review, the power of federal courts to void acts of Congress in conflict with the Constitution. Marbury has the right to that commission. He can sue for their commissions in court. S.Court doesn't have the authority to deliver their commission.
Office of Management and Budget
is a federal agency that assists the president in preparing the federal in preparing the federal budget and in supervising the Budget's administration in executive agencies. also evaluate the effectiveness of, and sets funding priorities for, agency programs, policies, and procedures.
political socialization
is the process by which one develops political beliefs family, school and college, pers, media, social environments (religious and civic), and location The family is the most important factor. where you go to school matters to the political interests.
Unitary System
it is a system of political organization where the all governing power resides in a central government, instead of a deferral state only have one federal government, no regional government better model for smaller countries in both size and population.
Federalism
it is the sharing power between central governments and sovereign regional governments a fundamental concept that it was paced into the US constitution. It preserves the rights of the people states from a potentially abusive central authority. adopt federalism because it was easier to administer over a large republic and allow smaller republics to exist.
public opinion of SCOTUS
it kept on decreasing' declining from 80% to 50% it was high before because of the supreme justice was consecutive and robert courts democrats have been less favored on the s. court and after 2008 the approval rose. this happened because nominations of new judges and the supreme court decisions that matter for example 2012, Obama care (ACA) upheld it and democrats wanted yes to upheld and repulbican unconstitutional.
day 2: Restrictions on Liberty
libel: publishing material that falsely damages person's reputation Slander: spoken words that falsely damage a person's reputation
House of Representatives
lower house: shares equal responsibility for awning with the US senate. HOR was to represent the popular will of the people, and its members were to be directly elected by the ppl. The allocation of seats is baked on the population within the states, membership is reappropriated every 10 years, following the decennial censu. House members are elected for 2 years terms from single-member districts of approx. equal population (710k). Passed the Permanent Apportionment Act of 1929 , fixing the number of representatives at 435. The Constitution vests certain exclusive powers in the HOR including the right to initiate impeachment proceedings and to originate revenue bills. requirements for eligibility for membership of the HOR: mim: age of 25 years US citizenship for at least 7 years residency of the state from which the member is elected through he need not to reside in the census that he represents.
types of spending
mandatory spending: these are government expenditures that are required by the law (entitlement programs) such as SS, Medicare, and Medicaid. Discretionary spending: these are government expenditures that are subject to the apportation process, decide money spending
marshall years
more than 34 years - longest tenure for any chief justice - supreme court set forth the main structural lines of the gov that expanded federal power.
free enterprise
most americans believe in the free market system and allowing for the market to choose the products that succeed or fail the question is how involved should the government be in a free market system government subsidies/ tax credits/ ball outs government regulations / restrictions/ antitrust and government tax rates increase/ decrease a conservative approach would be if the government is not involved
executive branch: day 3 Requirements & Powers
must be a natural born US citizen, at least 35 years of age and have resided in the US for 14 years, and must have a majority of the electoral votes (270). shall hold office for 4 years, 2 terms ONLY( 22nd amendment) shall be commander and chief, shall have the power to pardon convicted persons, and shall appoint ambassadors and judges with the advice and consent of the senate. power to veto legislation and may convene or adjourn Congress.
Incumbency Advantage
name recognition, franking privilege, organization, campaign finance, credit claiming, and gerrymandered districts.
polls and political influence
national polling can create a bandwagon effect in which a shift of support towards a lending candidate occurs. these shifts also act a signals to donors that they are best camagin to support shifts on issues, bills, policies can cause for elected officials to change their attitudes. horse race polling: the polsers are calling the race like a horse race
Differences in Policy
panama canal Roosevelt: big stick policy: US is the undeniable power of the western hemisphere . we must seize the opportunity when it present itself in the central-south america Jimmy Carter: morality of foreign affairs The US needs to base its relations with Central-south America through moral objectivity. Not continue American imperalism
Styles of Democracy
participatory democracy: citizens have the authority to decide on policy and people on policies that are responsible for implementing political decisions. Ex: 5th century Athens (city). pluralist democracy: no group dominates politics and arranges groups to compete with each other to impact policy. Ex: Today U.S. elite democracy: small amount of people, usually rich and educated people, influence political decision making.
american values and public opinion: day 1: values and beliefs
political culture subscribes to these general ideas including liberty, equality, opportunity, democracy, individualism, unity, and diversity where we differ is on how important these issues are to us. EX: equality before the law (Universal agreement) , equality of opportunity (some agreement), and equality of outcome (little to no agreement)
sampling technique
pollsters need to have a representative sample population within their poll. At least, 1500 respondents pollsters should use random sampling so that diverse people and opinions may be reflected within the study. different methods, should be explored online, landlines, and interviews
methodology
pollsters take great efforts to ensure that the data that is collegect is as close as possible to real issues/candidates of preference pollsters are expected to properly phrase questions so results are not skewed and seen as objective question order matters and can skew results either favorably or unfavorably framing of questions matter and it influences the way in which a person answer a question "Do you approve of greyhound racing?"
President and the Bureaucracy
president can appoint and remove agency heads reorganize the bureaucracy issue executive orders reduce an agency's budget
power to veto
president has the final say of approval on all bills passed by Congress if the president doesn't approve with the bill he or she can wholly veto the bill. No line item veto is allowed. the president may use a pocket veto if Congress is set to adjourn 10 days before the president has to sign/ veto the bill
chief diplomat
president may make treaties with other countries (senate approval) and many receive ambassadors and other public ministers from other countries an executive agreement is a simple contract where the heads of 2 states may reach an agreement and keep each other's promise.
Cheif Legislator
president may recommend for members of Congress to pass new bills that they find to be of importance state of the Union, and bully pulpit (press) white house staff (research/draft
Executive Privilege
presidents have at times asserted the right to "executive privilege" in order to withhold information from Congress the president at times needs to deal confidently with other people they can forthcoming. Shouldn't be compelled to tell members of Congress about the internal affairs of the White House as it violate spepaion of powers limits on executive privilege exists, the confidential tape recordings of Nixon's Watergate Scandal.
day 6: BUR criticism of the bureaucracy
red tape: too many rigid procedures, too many policies with no flexibility for special circumstances, too many forms to fill out, lines to wait. inefficiency: lack of incentive to be productive Duplication of services: burancy is so complicated, agencies are performing similar or sometimes the same functions, federalism makes this more complicated- many services are provided at both the state and national levels. bureaucracy is lawmaker: regulations end up having the effect of law, duty of implementing laws often allows bureaucrats to interpret those laws. Bureaucracy is too big: privatization would be more effective bureaucracy may be corrupt: iron triangle: the relationship between the Executive branch, Congress, and interest groups, can lead to policy-making decisions which benefit private interests at the expense of the public good.
sources of revenue
reports estimated that the US government bought in an estimated $3.4 trillion. Individual Income taxes: 49.6% corporate taxesL 7.3% payroll taxes: 35.7% tariffs and excise taxes: 3.1% other: 4.2%
nix vs william
should evidence resulting in an arrest be excluded from trial because it was improperly obtained. The court created the "inevitable discovery doctrine," since it was clear that the volunteer search teams would have discovered the blood.
history
since our founding, the US population has developed a series of complex/differing views on social political issues this dynamic development has made the US adopt a pluralistic approach to governing at local, state, and national level
roberts court
spoke on the importance of and his commitment to judicial restraint "judges are like umpires..." Despite its clearly reightward orientation, the R. court has not achieved all the goals of the conservation legal movement- an organized effort by conservation activists , lawyers, scholars, and juritists to slow, or even reverse, the legislative and judicial achievements of their progressive counterparts during the middle of the 20th century. judicial restraint
Committee System
standing committee: permanent committees established under the standing rules of the Senate and soecuduazing in the consideration of certain subject areas. select or special : by the Senate for a limited time period to perform certain study or investigation. Might be given or denied authority to report legislation to the Senate. joint: including membership from both houses of Congress. established with narrow jurisdictions and normally lack authority to report legislation. Chairship usually alternates between the House and Senate members from Congress to Congress. The big 3: appropriation committee: deals with budget/ spending money, ways and means: deal tax rates/ tax collection, and rules committee: determines the rules for debate of each bill, including whether the bill may be amended.
Interpretation of The Constitution
strict construction : government holds only powers specifically granted to it by the Constitution (specifically of the powers of the federal government) loose construction: government holds specific powers that are not denied to it by the Constitution (people who believe in judiciary act ) The judiciary act sets supreme court justices and the office of Attorney General.
Protecting Groups
strict-scrutiny test: suspect category; assumed unconstitutional in the absence of an overwhelming justification. applies to race, ethnicity, and religion. (Korematsu v US)case. .intermediate category: almost suspect; assumed and unconditional unless the law serves a clearly compelling and justified purpose, applies to gender and alienage. reasonable-basis test:
taney years
sworn in as chief justice in March of 1836, supported state's rights, but he did not discard John Marshall's ideas of federal supremacy. believed in divided sovereignty, and that the supreme court role is to decide which powers should be shared delivered the controversial decision of Dred Scott. It was his belief that slavry was a problem to be resolved gradually and chiefly by the states in which it existed.
foundations of gov: causes of independence
the French and Indian War (1754-1763): as a result of the massive debt of the war that GB incurred called for Parliament to levy new taxes to the colonists. Treaty of Paris 1763: unpopular among the colonies as the Line of Proclamation halted westward expansion into the new land. increased laws that punished the colonists did little to control them and became more united against the British.
Shaping the Team (First Lady)
the constitution doesn't mention the role of a first lady/ man but overtime the role has gained greater attention from the public president of US determines how involved they want the first lady/man to be within the administration Nancy Reagan- War on Drugs, Michelle Obama- Let's Move, Jacqueline Kennedy- White House Restoration, Melania Trump- Be Best
Civil Rights Act of 1968
the fair housing act protects people and families from discrimination in the sale, rental, finacing, or adveristing of housing on the basis of race, color, religion, sex, disablity, familuy stuats, and national orgin. It prevents banks from redling "undesirable" areas with higher minority populations. It ensures access to financing.
day 7: judicial branch establishing the federal courts
the judiciary act of 1789, established the federal court system. 3 parts of judiciary: made up of district courts, circuits courts, and supreme court. district court:no appellate jurisdiction .
Demographics of Congress
the number of women will stay the same in the new Congress, at a total of 104 members or 19% That's far less than the overall American population, which is 50%
day 3: measuring public opinion
the polling industry began in the end 1930s to field the thoughts of Americans overtime polling has become a widely acceptable practice for measuring public opinion with many universities, polling centers, new networks, and newspapers all taking part. we measure public opinion: candidates need to measure their performance on the campaign trail and determine their odds of winning members of congress need to know which issues are important to their constituents.
Commander and Chief
the power of Commander and Chief greatly grew during the Cold War era "the difference between safely and cataclysm can be a matter of hours or even minutes" modern presidents afford greater latitude on making military decisions for national security.
power of appointment
the president has the power to appoint members to his cabinet and ambassbords overseas. rarely does a nomination in these categories get stuck down by Senate some of these positions are seen as a political exchanging for campaign support "anybody who wants to be an ambassador must give at least $250,000" - Nixon Tape the president has the power to appoint members to the Federal Courts. the appointment process for judges is far more contested within the Senate Since the creation of the Supreme Court, we have seen 30 Supreme Court appointments fail in the Senate
communicator in cheif
the president needs to communicate effectively with the people in order to be successful president should cultivate public opinion to get important legislation passed through the use of greatest mediums for communication
the cabinet
the secretaries of each department are nominated by the president and confirmed with the advice and consent of the Senate members of the Cabinet serve as the highest officials within the Department they were appointed to serve presidents tend to not dismiss members of the Cabinet due to The Tenure of Office Act which removes certain officials that Congress had already approved.
Right of Privacy
the supreme court gives the right of privacy griswold v connecticut: a right of privacy can be inferred from several amendments in the Bill of Rights. Another case: Roe v. Wade This right prevents states from making the use of contraception by married couples illegal. it could be found in the 1st amendment (privacy in belief), 3rd amendment(pricac at home), 4 (secure belongings), 9 (general protections), and 14 amendment (state liberty guarantees).
lobbying
the varying interests throughout the country on a variety of political/social issues has created the need for lobbyists. interest groups have to compete in the marketplace of ideas. must properly organize in order to obtain the needed support from government apply pressure to elected member of Congress to ensure that their particular interests are being properly addressed the cartoon of "No.. i'm not a sacar driver.." case referring to citizens united decision
Civil Rights Act of 1964
title I of the act guarantees equal voting right by removing registration requirements and procedures biased against minorities and the underprivileged. Title II prohibits segreation or discrimination in places of pulbic accomodation invlved in interstate commerce. Title VII bans discriminate by trae onions, schools, or employers involved in interstate commerce or doing business with the federal government.
civil cases
very difficult to sue the US gov as it claims sovereign immunity. individual or class action suits may be brought up against the federal gov when fundamental rights/protections are not being upheld. federal officials cannot be sued for their actions in gov, but they can be sued as a private citizen
Eisenhower Farewell Address
warned the nation with regard to the corrupting influence of what he describes "military-industrial complex" . military industrial complex: is an alliance between a nation's military and the defense industry which supplies it. Goal is to gain political support for increased military spending by the national gov. department of defense and military contractors : is contributing to m.i.c We have a permanent defense industry because we can not risk emergency improvisation of national defense. it is dangerous but it considered to deter Soviet Union from aggression against the US EX of military Contractors (Lockheed Martin $44.9 B, Boeing $26.9 B, etc.)
Federalist Papers
written by Hamilton, Madison, and Jay to persuade the state legislature to vote in favor of ratifying the Constitution. they argued that existing government under the Articles was not good and the COnstitution would maeby the weakness of the Articles without harming the liberties of the people. The functions of the federalist papers 10 is groups of people with political infarction because they have a common political belief (normal occurs because people are social and form in groups). It was drafted at the Constitutional Convention in Philadelphia in 1787.
