Unit 6
What aspects of american constitutional democracy have been particularly influential in other countries? Which have not been influential?
- American constitutional convention inspired 2004 European convention to create constitution for European union - presidential form of government adopted in Brazil constitution of 1891 - many countries in Europe have shied away from strong president because of Napoleon and the Soviet Union which were strong executive dictatorships - Austria and Canada have a system of federalism with sections of the country divided into states and provinces - Judicial review has been extremely popular as a check on infringement of individual rights (adopted in more than 50 countries) - Exception are European special constitutional courts which provide constitutionality advisory prior to enactment
Explain three ways that prevent people from not voting due to lack of time.
- Declare election days national holidays - Establish voting locations that are open 24 hours - voting should be broken up over three days to decrease lines at polls, and make it easier
Differences between Bill of Rights and Universal Declaration of Rights
- UDR includes a section dedicated to 'duties of the community' - limits to freedom include 'just requirements of morality' - also includes aspirational goals like rights to education which are included to guide future betterment of participating governments (elaborates on more general rights, and focuses on ideals that are not techinaclly laws)
How is citizenship through naturalization different from citizenship by birth
Naturalization requires longtime residence in the country, and also the entire citizenship process. the process of citizenship by birth is essentially automatic. Applicants for the naturalization process must meet requirements set out by congress.
How can Americans impact and participate in international relations
Typical ways that Americans fan impact domestic policy can be used. Joining nongovernmental organizations which focus on business, environment, health, poverty, education, children's issues, human rights exc.. Traveling, and education on international matters, making informed consumer decisions like boycotting a product made in a country overseas which has weak worker condition requirements, and has lead to worker exploitation and overall bad conditions.
What issues might lead to proposals for constitutional change, ((Which do you favor or oppose))
- life and death: specifically an unborn babies right to be born, and a persons right to choose when to die. Also, inclusions of right to modern medicine practice to improve well being. - Term limits: good example of potential proposal is limiting the terms for serving in congress, and on federal justices. - Eminent domain property issues. Basically should the constitution be changed to significantly limit use of eminent domain especially if the grounds for use of land for well being is the betterment of the economy. - Campaign finance: consider (Buckley v. Valeo (1976) which ruled that limits on campaign expenditures cannot be enforced, and also issues of Citizens United) Should presidents be limited in spending for camapigning, should corporations be limited in controbutions. - Immigration especially the considerations in protections of the equal protection clause, and due process clauses and the terms 'people' used in these sections. Also should children of aliens not be allowed to aquire citizenship by being born there.
Explain difference between self interest, enlightened self-interest, and the common good. Examples in relation to civic engagement.
- self interest means acting in accordance with your own personal beliefs, people may civicly engage in their government with the sole purpose to benefit themselfs like lowering taxes - Englightened self-interest means that one acts for the community because they understand that it will benefit them also. Working for a school board which your students attend in order to make change for community and better kids education. - common good is a tenant of classical republicanism which discusses acting in a way that benefits the community as a whole. Raising taxes for schools - not in your self interest but it is in the best interest of the community.
Why was it necessary to extend the Voting Rights Act of 1965 in 2006?
Although African Americans had been given the right to vote by the 15th amendment (1870) they were still blocked from the polls in various ways. These separations from the polls include: use of poll taxes by states, literacy tests, and grandfather clauses. In order to ensure that the right to vote was not infringed upon the federal government had to further ensure that african american voting rights were met.
How was citizenship defined in the United States before and after the 14th amendment
Before the 14th amendment citizenship, its requirements, and its definition were left to the states. After, the language of the amendment expands this to 'all citizens born or naturalized' in the united states, making all citizens also a citizen of the state where they reside.
How do Jus Soli, Jus Sanguinis, and residency differ as definitions of citizenship
Both Jus Soli, and Jus Sanguinis require that you or your parents were born on United States soil. Residency, requires that you live in the country. This could conflict with dual citizens of the united states who were born here, or their parents were -- and they decide to move to another country and obtain citizenship there. By the first two definitions they would be a citizen, but according to residency requirements they are not. (14th uses Jus Soli, and residency --- not Jus Sanguinis)
What is civil discourse. How can it be promoted in different areas of our country
Civil discourse is the chance for citizens, or a group of people to have respectful conversations regarding governmental and political principles, and everyone gets a voice in the conversation. It generates new ideas through respectful rhetoric and promotes cooperation in society on important issues. It can be promoted by following principles of original constitutional convention, which include: no one can speak until everyone else has spoken, limiting personal attacks or interrupting, giving full attention. These allow a multitude of perspectives to be considered, and ensures that no one dominates the discussions.
How is civil disobedience different from merely breaking the law?
Civil disobedience is breaking a law, while fully understanding and also accepting the consequences of breaking that law. The action is typically undertaken when first amendment rights such as the freedom of speech, and right to petition / assemble are exhausted.
Identify three constitutional powers of president and congress in national relations. How do checks and balances and separation of powers affect excersise of those powers.
Congressional powers include: power to ratify treaties, declare war, and regulate commerce. Presidential powers include: power to negotiate treaties, act as commander and chief of army, and ability to appoint ambassadors. Checks and balances conflict within the two branches in two main areas, war and treaties. Congress has the power to ratify treaties that the president negotiates, thus presidential power can be limited by congress in terms of creating treaties. War powers fall to congress to declare war, but once war has been declared the president has more power over military action. War powers have continued to fall more and more to the president, thus creating a situation in which the president can engage in conflict without congresses official declaration of war -- essentially eroding the checks and balances on this issue.
What is the difference between de jure and de facto segregation?
De jure segregation is when laws are instituted which are specifically meant to segregate different groups based on race, or socioeconomic status. These have occured in america with 'Jim Crow Laws' which were implemented in southern states. Laws such as these create segregation through systematic laws which restrict actions of a group with integrating with another. De facto segregation occurs when private business or individuals enforce segregationary rules, such as a business not allowing an African American person into their store. Both were outlawed under the CIvil Rights Act of 1964.
Differences in rights of citizens and resident aliens
Differences / similarities in rights: - Both can work anywhere, and qualify for social programs instituted by government - Both are protected under the 14th amendment Differences / similarities in responsibilities: - All must obey laws, and pay taxes - Citizens cast informed ballots, and serve on juries
What is globalization, how does it impact american society and economy
Globalization is defined as the global economy and its interdependence on cultures, relations, and politics. Trade and commerce have lead to creation of multinational corporations , and outsourcing of american manufacturing jobs to other countries leading into Worker migration has caused large scale movement in the united states in search of jobs as american manufacturing has become more obsolete. Capital has allowed the united states to lend money to impoverished nations in return for political influence over that country. These types of markets have created things such as stock market crashed which have impacted both american society and economy. Information through technology has changed money transfer throughout the world, and also has been impactful in changing public opinion and political decisions.
Why the US is involved in the international arena
Historically this has come about due to the relations with countries like France, which gave us aid in the revolutionary war, and in return we helped defeat west Indian islands, and allowed use of our ports. Negative relations then came about with France when we did not endorse their revolutionary war, and also, Spain which fought with Native American tribes and refused use of ports in New Orleans. Currently, natural resources, trade, and desire to spread american ideals has continued these practices.
Challenges posed by increasing social and political diversity in the United States. Opportunities challenges present.
Opportunities include the continuation of immigrants adding to economy, culture, and education. Challenges are that there is potentially a limit to how much diversity can be present, and promoted before core american constitutional principles are washed out by other cultural practices being brought to united states.
How does constitution define national and state citizenship
Originally the constitution defined that citizenship should be a responsibility of the state to decide. However, since the passing of the 14th amendment, federal and state citizenship have been seen as much the same. ----or the fed decided citizenship, and thus the person is automatically given state citizenship
What are ways technology both furthers, and limits the fundamental principles of our constitutional democracy.
Technology allows for more informed, and thus participating voters. This means that the people are better able to run the government because they are more informed (demonstrating ideas of popular soveirenty). However, some aspects of information shared limits the scope of perspectives one hears, and news is often skewed to favor one partisan viewpoint. Also, people use social media more to keep up with political candidates as the information is more insatataneuos, personal, and also it is precieved to be more reliable than other sources.
Why has the Civil Rights Act of 1964 been called the most far-reaching civil rights legislation in American history?
The act is far reaching in that it outlaws De Jure, and De Facto segregation. Also, various forms of discrimination are outlawed including most public buissnesses or accomodation, segregation within schools, labor discrimination. Lastly, it allows for the justice department to file a lawsuit against states that are discriminating against minority groups.
Why is federalism, an american invention, popular in other countries
This form of government allows for a strong, cohesive national government which provides basic protections for individuals. The states can expand and better protect individuals rights, making them more equipped to handle individuals needs. Protecting individuals rights is something federalism does extremely well, and is a reason it has been so popular in other countries.
How might technology improve civic engagement
Through acessable media people are able to make more informed decitions at the polls. Also, people can now acess trials, and testify through the use of the internet. (watching live town hall, senate, or house meetings ---- also debates all are ways to improve knowledge of voting population.
Describe the oppurtunities for participation in civic life that are afrorded by the following:
Voluntary associations - are groups which provide the chance for citizens to work to better the community by volunteering their time to better the world (community service) Nongovernmental organizations - are independently formed and funded by donations and volunteer service. Often have certain purposes which include disaster relief, health care exc.. Some influence lobbying and pblic education (lobbying and policy influence) Service and business organizations - Adress buisness networking and community service. Examples are Jaycees and Rotary. Voting - Allows people to voice their own opinions in government
Should first amendment protections of freedom of speech be interpreted to give groups like corporations the ability to support political campaigns or issues with money (is made public).
Yes, because this use of freedom of speech was give to corporations in Citizens United v. Federal Election Commission (FEC) - (2010). Because the action was held as constitutional it should be allowed.