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Terms to Know:
Affirmative Action is a policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups access to education and employment opportunities
Authoritarian Government is s system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions.
Autocracy is a form of government in which a single individual rules. ex. a king or dictator
Checks and balancesare the mechanisms through which each branch of government is able to participate in and influence the activities of the other branches.
Civil liberties are the protections of citizens from improper governmental actions
Civil rightsare the legal or moral claims that citizens are entitles to make on the government
Constitutional Government is a system of rule in which formal and effective limits are placed on the powers of the government.
Democracy is a system of rule that permits citizens to play a significant part in governmental process, usually through the selection of key public officials.
Dual citizenship is the idea that each American is a citizen of the federal government and, separately, a citizen of one of the states. This means that citizens have liberties that protect them against action by the federal government and a separate set of liberties that protect them against action by state governments.
Equal protection clauseis the provision of the 14th Amendment guaranteeing citizens “the equal protection of the laws.” This clause has been the basis for the civil rights of African Americans, women, and other groups.
Establishment clauseis the 1st Amendment clause that says, “Congress shall make no law respecting an establishment of religion.” (Separation of church and state)
Federalism is the system of government in which a constitution divides power between a central government and regional governments.
Government is the term generally used to describe the formal political arrangements by which a land and its people are ruled.
Miranda ruleis the convention derived from the Supreme Court’s 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation. If you want to learn more check out mgmt 371 final exam
Oligarchy is a form of government in which a small group of landowners, military officers, or wealthy merchants controls most of the governing decisions.
Principal-agent relationshipis the relationship between a principal and his or her agent. This relationship may be affected by the fact that each is motivated by self-interest, yet their interests may not be well aligned.
Public goodis a good that, first, may be enjoyed by anyone if it is provided and, second, may not be denied to anyone once it has been provided.
Separation of powersis the division of governmental power among several institutions that must cooperate in decision making.
Strict scrutinyis the most stringent standard of judicial review of a government’s actions in which the government must show that the law serves a “compelling state interest” Don't forget about the age old question of brian langowski
Totalitarian Governmentis a system of rule which the government recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it.
Court Cases to Know:
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
Barron v. Baltimore (1833)
Gideon v. Wainwright (1961)
Mapp v. Ohio (1961)
Roe v. Wade (1973)
Griswold v. Connecticut (1965)
Gonzalez v. Oregon (2006)
Ledbetter v. Goodyear (2007)
Regents of the University of California v. Bakke (1978) Gratz v. Bollinger (2003)
Grutter v. Bollinger (2003)
Five principles of politics
1.The Rationality Principle:
a. All political behavior has a purpose
i. People do what they do politically to achieve purposes – personal, social, philosophical
2.The Institutional Principle:
a. Institutions structure politics
i. The rules we use to make decisions influence the outcomes
Institutions provide authority in 4 ways:
∙ Agenda and Veto Power
3.The Collective Action Principle: If you want to learn more check out ucr irb
a. All politics is collective action
i. Politics involves many people who compete, bargain, and cooperate
Collective action and provision of public goods becomes difficult as the number of parties involved increases.
Free Riding – enjoying the benefits of some good or action while letting others bear the costs
Tragedy of the Commons – the idea that a common-access facility, owned by no one because it is available to everyone, will be overutilized
4.The Policy Principle:
a. Political outcomes are the products of individual preferences and institutional procedures
i. Policies are the result of individual goals,
institutional rules, and collective action
5.The History Principle: Don't forget about the age old question of utep physics
a. How we got here matters
i. Decisions and actions in the past affect political choices and outcomes today Don't forget about the age old question of intro to philosophy study guide
b. Three reasons why history matters:
i. Rules and procedures
ii. Loyalties and alliances
iii. Historically-conditioned points of view
Interests in colonial America
∙ New England Merchants
∙ Southern Planters
∙ Shopkeepers, artisans and laborers
∙ Small farmers
British tax policy toward the colonies
The British began taxing colonists in the 1750s to pay the cost of imperial defenses.
The types of taxes (stamps, sugar, etc.) caused several colonists to organize against the Crown.
Provocative acts and counter-acts that led to the Declaration of Independence:
∙ Boston Tea Party (1773)
∙ First Continental Congress (1774)
∙ Lexington and Concord (1775)
∙ Second Continental Congress (1776)
The Declaration of Independence
Government is ruled by consent of the governed
Declares that when a government no longer serves the needs, of the people, the people have a right to revolt.
THE DECLARATION DOES NOT CREATE A
The Revolutionary War
Long and bloody war, casualties among colonists, British soldiers and Native Americans
It was so expensive for the British, seemed there was no end in sight
Articles of Confederationis America’s first written constitution. It was adopted by the Continental Congress in 1777 and served as the formal bases for America’s national government until 1789, when it was replaced by the Constitution.
13 sovereign states with a weak central government We also discuss several other topics like ronald johnson psu
∙ No standing army
∙ Weak executive
∙ No ability to tax and spend
∙ Problems of international standing
∙ Shays’ Rebellion
Constitutional Convention of 1787
Hot topics of the convention:
∙ Revise/scrap the Articles of Confederation
∙ National Power vs. State Power
∙ How much democracy?
The Great Compromisewas an agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population but linked representation in the House of
Representatives to population.
Virginia Plan (big states) – Votes in the leg.
Based on population of state
New Jersey Plan (small states) – All states
should the same amount of votes in the legislative branch
The Three-fifths Compromisewas an agreement reached at the Constitutional Convention of 1787 stipulating that for the purposes of the apportionment of congressional sears, every slave would be counted as 3/5 of a person.
Bicameralismis the division of a legislative branch into two chambers or houses. (Senate and House of Representatives)
Opposed ratification but disagreed among themselves about what the alternative should be.
o Small farmers
o Government should be close to the people and power in the elites is dangerous
∙ Retention of power by state governments and protection of individual rights
∙ Key Leaders:
o Patrick Henry
o George Mason
o Elbridge Gerry
o George Clinton
Favored ratification and a stronger national government.
o Property owners
o Elites were best fit to govern
o Only elites could obtain power
o Tyranny of the majority
∙ Strong national government
∙ Key Leaders:
o Alexander Hamilton
o James Madison
o George Washington
Federalism – National vs. State Power
The Consitution gives expressed and implied powers to the national government
10th amendment: powers not stated to national government rest in the power of the states
Reasons to keep the states because some preferred an even stronger national government than the one created and because of the well-established history of the state governments.
Four stages of federalism
1. Dual Federalism (1789-1937)
∙ Powers shared by federal and state gov.
∙ States had most important powers
∙ Duties of different levels of govnt. remained strictly separated
∙ Policy responsibilities rested on states
∙ McCulloch v. Maryland, Gibbons v. Ogden
∙ During new deal, Congress enacted legislation that expanded the federal government’s role in
commercial activity which lead to cooperative federalism…
2. Cooperative Federalism (1937-1960s)
∙ Supportive relations/partnerships btw fed. and state govnt.
∙ Rise in funds given by congress to state and local governments
3. Regulated Federalism (1960s-1990s)
∙ Federal government dictates rules and standards states must follow
∙ Rise in unfunded mandates imposed on states 4. New Federalism (1990s-Present)
∙ National policies to return more discretion to the states
∙ Rise in block grants
∙ Unfunded Mandates Reform Act
∙ More narrow interpretation of the interstate
Health Care Reform Act
Arguments for and against why the individual mandate in the reform is constitutional:
∙There is no expressed power in the Constitution to require citizens to purchase anything from a
private firm, and it has nothing to do with
regulating interstate commerce.
∙The penalty imposed for not purchasing health insurance is a tax. In addition, this is simply part of regulating a commercial activity, just as most
states require people to purchase auto insurance. Federalist 10
James Madison outlines argument for Federalists for why
popular government will succeed in U.S.
∙ Key problem of democracy is instability and factionalism
∙ Must control the effects of faction:
o Representation and “filtering” of public opinion o Take in a greater variety of interests
∙ 1-3 outline the structure and power of the
different branches of government
∙ Other articles relate to national power, the
amendment process, and the ratification process Article I: Legislative Branch
∙ Expressed powers of government
∙ Necessary and Proper clause enumerates the powers of Congress and provides Congress with the authority to make all laws “necessary and proper” to carry them out; also referred to as the elastic clause
∙ The legislative branch was expected to be the most powerful branch. This is one reason for
Article II: Executive Branch
∙ More independent, energetic and strong executive branch
∙ President = commander in chief, chief executive, chief diplomat
∙ President nominates executive and judicial officials ∙ President has the power to grant reprieves and pardons
Article III: Judicial Branch
∙ Supreme Court
∙ Judges/Justices have lifetime terms, nominated by president, confirmed by Senate
∙ Does not explicitly provide for judicial review o Used sparingly for most of American History o Used more frequently in recent years
Articles I, II, and III: The Separation of Powers: Legislative:
∙ Passes federal laws
∙ Controls federal appropriations
∙ Approves treaties and presidential appointments ∙ Regulates interstate commerce
∙ Establishes lower court system
∙ Enforces laws
∙ Serves as commander in chief of armed forces ∙ Makes foreign treaties
∙ Nominates Supreme Court justices and federal court judges
∙ Pardons those convicted in federal court
∙ Reviews lower-court decisions
∙ Decides constitutionality of laws
∙ Decides cases involving disputes between states
Articles IV and VI: National Unity and Power
∙ Provides reciprocity among the states
o The Full Faith and Credit Clause is the provision in Article IV, section 1 of the Constitution
requiring that each state normally honors the
public acts and judicial decisions that take
place in another state.
wanted to make sure that all the states
acted as one single unit or nation instead
of individual states
o The Privileges and Immunities Clause says a state cannot discriminate against someone
from another state or given special privileges
to its own residents
∙ Promotes national power through the national supremacy clause
Article V: Amending the Constitution
∙ Sets forth the procedures for amending the
Article VII: Ratification
∙ Calls for ratifying conventions in each of the 13 states
∙ Constitution is deemed ratified when 9/13 states vote to ratify
The Bill of Rights are the first 10 amendments to the U.S. Constitution, adopted in 1791. The Bill of Rights ensures certain rights and liberties to the people.
9th Amendment: stated that the list of rights was not exhaustive and that there are other liberties that people enjoyed.
Freedom of Religion
∙ Establishment clause: separation of church and state
o The lemon test – government can be involved in religion if it has a secular purpose, it neither advances nor inhibits relgion and it doesn’t create excessive entanglement
∙ Free Exercise clause: protects a citizens right to believe and practive whatever religion he/she chooses.
Freedom of Speech
∙ “Congress shall make no law…abridging the freedom of speech”
∙ Freedom of speech is not absolute
o Clear and present danger test
o Libel and slander are not protected
∙ One’s right to speech only go as far as not to infringe on someone else’s rights
∙ Political speech is the most protected speech ∙ SPEECH PLUS: sit-ins, picketing, demonstrations o Protection is conditional based on political order
Freedom of the Press
∙ The Court has ruled that this means no prior restraint – an effort to block the publication of material it deems harmful or libelous
Search and Seizure
∙ 4th amendment
∙ Exclusionary Rule is the ability of the courts to exclude evidence obtained in violation of the 4th Amendment (Mapp v. Ohio)
Rights of the Accused
∙ 5th Amendment – protection against self
incrimination and double jeapordy
∙ Miranda Rights
∙ 6th Amendment – a speedy and public trial, impartial jury, right to counsel, right to confront one’s
∙ 8th Amendment – prohibits excessive bail/fines and cruel and unusual punishment
Right to Privacy
∙ Not expressed in the Bill of Rights
∙ Court cases that helped to establish a “zone of privacy”
o Griswold v. Connecticut
o Roe v. Wade
Expansion of the Electorate:
∙ XIV- a national definition of citizenship
∙ XV- extended voting rights to all races
∙ XIX- extended voting rights to women
∙ XXIII- extended voting rights to DC
∙ XXIV- extended voting rights to all classes by abolition of poll taxes
∙ XXVI- extended voting rights to citisens ages 18 and over
∙ XII- separate ballot for the vice president in
∙ XIV- penalized states for depriving freed slaves of
the right to vote
∙ XVII- provided for the direct election of senators ∙ XX- shortened the time between elections and inauguration of the new president and Congress ∙ XXII- limited the presidential term
∙ XXV- provided for presidential succession in case of disability
Expanding and Limiting the Power of Government:
∙ XI- limited the jurisdiction of federal courts over suits involving states
∙ XIII- eliminated slavery and rights of states to allow property in the form of persons
∙ XIV- established due process of law in state courts for all persons; later used to apply the entire Bill of Rights to the states
∙ XVI- established the national power to tax income ∙ XXVII- limites Congress’s power to raise its own salary
Fourteenth amendment seems to apply the Bill of Rights to the states… No state shall make or enforce any law which shall abridge the provileges or immunites of citizens of the US nor shall any state deprive any person of life, liberty, or property, without due process of law.
Selective incorporation deals with the Court’s decision that the 14th Amendment did NOT apply to Bill of Rights to the states. Later the Courts ruled that the
compensation clause of the 5th Amendment applied to the states. This started “selective incorporation” – the application of the liberties in the Bill of Rights, one by one, to the states
Right to vote is not included in the Consitution. Initially, states restricted voting rights based on religion, property, gender and race.
These voting rights have expanded. (SEE EXPANSION OF ELECTORATE UNDER CONSITUTIONAL AMENDMENTS)
∙ Courts did not use the 14th Amendment to enforce civil rights immediately.
∙ Civil Rights Act was struck down in 1875
∙ Plessy v. Ferguson “Separate but Equal” 1896, court upheld segregation of races in public facilities. Held that public facilities could be segregated but only if facilities were equal.
∙ 1930s – the courts became more active in equal protection
o rulings rejected claims of separate but equal facilities but did not directly address the
“separate but equal argument” itself.
∙ Brown v. Board of Education
o Black child was denied admission to the school closest to her home (whites only school)
o Court ruled that “in the field of public
education” separate but equal has no place.
Delay in enforcement of Brown by local
Could do nothing about de facto
Did not directly address discrimination in
employment, voting, etc.
Civil rights movement
∙ Movement began to build slowly after the March on Washington in 1963
∙ Massive resistance to desegregation, delays on segregation from local officials
∙ Title VII: outlaws job discrimination by all private and public employers
∙ Ledbetter v. Goodyear (2007)
o The Court ruled that a charge of discrimination must be brought within 180 days of the time the discrimination was alleged to have occurred
o Congress overturned the Court's decision by passing the Fair Pay Act in 2009
∙ Seneca Falls Convention (1848)
∙ 19th Amendment
∙ Equal Rights Amendment falls short of ratification in 1982
Latinos and Asian Americans
∙ Mendez v. Westminster – important desegregation precendent
∙ Lau v. Nichols – required that students be taught in a language they understand
∙ 1924 legistlation – citizenship to all those born in US ∙ The Indian Self-Determination and Education Assistance Act (1975)
∙ No state regulation of gambling
Disabilities and Age
∙ The Americans with Disabilities Act guarantees equal employment and access to business
∙ The Age Discrimination in Employment Act prohibits discrimination by employers with more than 20 employees
∙ “Don’t ask, don’t tell” – recently repealed ∙ Lawrence v. Texas overturns Bowers v. Hardwick
Undocumented Immigrants and Equal Protection
∙ The Equal Protection Clause – “no state shall deny to any person within its jurisdiction the equal protection of law”
∙ Debate over how far states should go in providing protection