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Chapters 1-4 Study Guide

by: D'Angel Brooks

Chapters 1-4 Study Guide Pols 1101

Marketplace > Georgia State University > Government > Pols 1101 > Chapters 1 4 Study Guide
D'Angel Brooks

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About this Document

Extensive review of chapters 1-4
American Government
Dr. Lakeyta Bonnette
Study Guide
federalism, rights, liberties
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This 10 page Study Guide was uploaded by D'Angel Brooks on Friday September 23, 2016. The Study Guide belongs to Pols 1101 at Georgia State University taught by Dr. Lakeyta Bonnette in Fall 2016. Since its upload, it has received 176 views. For similar materials see American Government in Government at Georgia State University.


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Date Created: 09/23/16
Chapters 1-4 Study Guide America is based on the ideas of Liberty, Equality, and Democracy Liberty : the freedom from government control ; Linked to the concept of "limited government" Ex: Abortion rights Equality: equality of opportunity (but not equality of outcome) & political equality – the right to participate in politics equally To treat people fairly Democracy: Americans' commitment to democracy is based on three principles Popular sovereignty: the people ultimately has political authority Ex: vote Majority rule: the majority preferences are followed by the government's decisions Minority rights: Some minority interests must be protected even in front of majority thoughts. Ex: The Tea Party Political Efficacy -The belief that a person has the ability to influence what the government does is called political efficacy. Citizenship Citizenship: participation in public affairs ; "enlightened political engagement"  Voting – building block of citizenship  Citizens can influence their government by jury duty, rallies, etc.  Effective participation requires knowledge Government Government: the institutions and procedures through which a territory and its people are ruled.  It is hard to build a gov. that lasts and promotes liberty, equality, and democracy. Types of Government : Inclusiveness Governments can be categorized in ascending levels of inclusiveness Different forms of governments are defined by power and freedom Autocracies : gov. Controlled by one person (monarch or dictator) Oligarchies: gov. Controlled by a small group (military officers, wealth merchants, landowners) Democracies: citizens play a significant part in the governmental process Representative: citizens have the opportunity to elect gov. Officials Direct: citizens vote directly for policies and laws *America is a representative democracy* Types of Government: Limits Governments can be categorized in descending levels of the limits they have on their own authority. Totalitarian governments: government recognizes little or no limits on their authority Authoritarian governments: recognizes no formal limits on their authority , constrained by social institutions Constitutional governments: recognizes and codifies effective limits on their authority Politics Politics - Conflicts over leadership, character, membership, structure, and policies of any organization to which people belong. *Common American Concerns: Immigration and Religious Affiliations* Goal of politics is having a say in what happens; having a share in what happens is called power or influence The First Founding: Ideas, Interests, and Conflicts Americans had different financial interests prior to the Revolution depending on if they were o New England Merchants o Southern Planters o Royalists o Shopkeepers, artisans, & laborers o Small farmers Problems with Britain "No taxation without representation" Stamp Act , Sugar Act, Boston Massacre , Boston Tea Party Declaring Independence  First Continental Congress – boycott of all Britain taxes  Second Continental Congress – decided to draft Declaration of Independence Jefferson and The Declaration  Jefferson was the "sole" originator  The Declaration was written by Jefferson and adopted by the Second Continental Congress  Asserted that certain rights ("unalienable rights") could not be infringed upon by the governments. The Articles of Confederation & Perpetual Union  Adopted in 1777, ratified 1781  Americas governing document until 1789  Issues : Weak central gov. , legislative dominance, no executive branch, execution of laws was left to individual states -John Adams and Britain  Shay's Rebellion – involved farmers and merchants who rebelled against possible seizure of land  Shay's rebellion showed the weaknesses of a nation w/ no central government , inability to  protect internal and external borders, lack of respect internationally Constitutional Convention 1787  Established central government and strong executive branch  Congress  Power to declare war, power to raise national military , bicameral legislation  Separation of powers - system of checks and balances Test question – Congress has 2 chambers ( House: 435 members; based on population and Senate:100 members; 2 per state) Large-Small State Compromise/Great Compromise The Virginia Plan Representation according to population Supported by the large states The New Jersey Plan Equal Representation Supported by small states Three-Fifths Compromise The population of slaves in a state would count three-fifths of a white person. Southern states – count slaves to increase representation Northern states – slaves not citizens , should not be counted The Constitution The Constitution: elaborate checks and balances, Bill of Rights Constitutionalism : idea that there are lawful restrictions on governments power; restraints on majority power Judicial action: the use of courts as a means of asserting rights and interests; this is the way ordinary citizens can exercise power The Seven Articles of the Constitution Article I: sets forth the powers and structure of the legislative branch Article II: wanted to provide a strong and "energetic" executive branch Article III: deals with the selection and powers of the federal judiciary : promote national unity and power – states must give "full faith and credit" to acts of other states; guarantees citizens of any state the "privileges and immunities" of every other state Article VI: supremacy clauses states that the Constitution are the supreme law of the land Article V: tells the steps that are needed to amend the Constitution - Amendments can be proposed by 2/3 votes in the House and Senate OR by passed in a national convention called by Congress in response to petitions by 2/3s of the states. Federalists - Property owners, creditors, merchants , wanted stronger central government, Feared excessive democracy and promotion of political elites of political elites Antifederalists -small farmers, debtors, shopkeepers, wanted to retain power in the state governments , more democracy Madisonian Model Many bills die in the Committee  To place as much of government beyond direct control of the majority o Only the House is directly elected by people.  Separation of powers, yet powers are shared between branches  Checks and balances, requires consensus. EX: veto, judicial review, etc.  Federalism, sharing power between states and national government Implication of Madison's Model  Slow Policy Change - favors the status quo change requires winning at all points in the process - small minorities in the government can block majorities (Ex: president's veto) - results in limited or smaller government - enhances minority rights which is often frustrating the majority - often seen as extremely inefficient Federalism  Federalism- the division of powers and functions between the state and national governments.  The Federalists and Antifederalists had different opinions on the structure of the national government and the balance of power between the central government and the states.  Governments organize the balance of power between the central government and the states in different ways : Confederations, Federal Systems, Unitary Systems :  - Confederations- power within the states - Federal Systems- Central government and the states - Unitary Systems- mostly in the central government National Government Powers –  - Expressed powers: collect taxes, coin money, declare war, regulate commerce (powers specifically listed in the Constitution  - Implied powers: "the necessary and proper" (elastic clause) ; powers the national government has from their implication in the Constitution (not specifically listed in the Constitution) State Government Powers –  reserved powers: police powers(powers to regulate health, safety, and morals of its citizens)  Share Concurrent Powers: regulate commerce, affect currency, licenses, etc. (powers shared between the states and the national government)  10th Amendment: powers not given to the federal government are reserved for the states *Antifederalists were against a strong national gov. So they wanted this to become ratified immediately* The 4 Faces of Federalism throughout History I.Dual Federalism II. Cooperative Federalism III. Regulated Federalism IV. New Federalism  Stage I: Dual Federalism (1789-1937) "layer cake"- most powers were shared between the federal and state governments, central gov. Focused on promotion of commerce and distribution of resources, but states had most of the power  Stage II: Cooperative Federalism "marble cake"- National gov. Began expanding its role into matters that had been reserved to the states, began offering grants-in-aid to make sure that states cooperated.  Block grants- given to states for general reasons , gave state officials discretion on how money would be spent  Formula grants- a formula is used to determine how much money would be given to states  Categorical grants- given to states for specific reasons , and gave the federal officials the discretion on how the money would be spent  Stage III: Regulated Federalism – When the state and local governments became dependent on the grant-in-aid support from the national government, the national government began to threaten the local and state governments to withhold those grants which is known as Coercive Federalism.  The national government began reaching into matters that normally had been states matters in order to try to increase control and impose more uniform national standards.The best way to exemplify the transfer of federal power is by unfunded mandates, where the national government compels state and local governments action but does not provide them funding.  Stage IV: New Federalism & State Control – Franklin Roosevelt's New Deal coalition and program starts a counter – federal trend, known as New Federalism. Devolution – federal government should return powers to the states  The removal of a program from one level of government by passing it down to a lower level of government. o Ex: PWRA 1996 Personal Work and Responsibility Act of 1996 Bill of Rights  The Bill of Rights are the 1 ten Amendments to the Constitution  Made to protect the basic freedoms of American citizens  Over time, the meanings and applications of these Amendments have changed over time as judicial interpretations of these problems have changed. - Bill of Rights include: the right of free speech , free exercise of religion, prohibits unreasonable searches and seizures, guarantees due process of law, and the right to privacy Rights and Liberties Civil liberties: are protections of citizens from unwanted government action Civil Rights: describes the governments duty to protect its citizens *The Bill of Rights is more like a bill of liberties* There are at least 2 kinds of civil liberties in on to put restraints on government action: 1. Substantive liberties: restraints on what the government shall and shall not have the power to do . 2. Procedural liberties: restraints on how the governments is supposed to act when it acts. th rd The 9 Amendment was made in partial response to Hamilton's 3 objection to the Bill of Rights. th 9 Amendment: "The enumeration in the Constitution, of certain rights, shall be construed to deny or disparage others retained by the people." The 14 Amendment was made after the Supreme Court ruled that the Bill of Rights limited only the actions of the national governments and not the state governments. th 14 Amendment: incorporates the Bill of Rights into the states Selective incorporation: the process of different protections becoming incorporated within the 14 Amendment, thus guaranteeing citizens' protection from the state as well as national governments. Freedom of Religion The Establishment Clause  The government may not favor one religion over another  "wall of separation" versus "excessive entanglement" The Lemon Test – conditions for acceptable government action The Supreme Court ruled in the case of Lemon v. Kurtzman (1971)that the government aid to religious schools should be constitutional if it met three criteria which is the Lemon Test. 1. The government action must have a secular purpose 2. The effect should neither advance not inhibit religion 3. It does not lead to excessive entanglement with religion The Free-Exercise Clause  The government is prohibited from interfering with the practice of religion  The government is allowed to interfere with the practice of religion only when there is a belief that conflicts with other valid laws. st 1 Amendment: protects the freedom of speech  Speech that is not protected by the 1 Amendment is speech that presents a clear and present danger to society, libel and slander, obscenity OR fighting words nd 2 Amendment: the right to keep and bear arms Rights of the Criminally Accused 4 Amendment: protects against unreasonable search and seizures  Requires probable cause  Warrants are not always required  Exclusionary Rule – Mapp v. Ohio (1961) 5 Amendment: the right to a grand jury, protects against double jeopardy(a person cannot be subject for the same offense more than once), self incrimination, and protects eminent domain (private property cannot be taken for public use without just compensation)  "I plead the 5 " , witness immunity  Miranda v. Arizona (1966) - suspects must be read their rights 6 Amendment: right to a speedy and public trial, and the right to have the assistance of counsel for his defense (lawyer/attorney). 8 Amendment: protects against excessive bail , fines, or cruel and unusual punishment Privacy Rights Controversy of today is about abortion  Roe v. Wade (1973) 9 Amendment: protects against certain rights becoming construed to deny or disparage others retained.  Lawrence v. Texas (2003) - Gay Rights Civil Rights *Different from civil liberties as civil rights citizens appealing to the government to protect them from other citizens, or some aspects of the government itself. * Equal Rights: the concept of "equal rights" poses complicated legal and policy questions. Discrimination: the use of any unreasonable or unjust exclusion. The use of legal discrimination against blacks and women went on throughout history.  Scott v. Sanford(1857) 1865-1877 Reconstruction – an effort to improve the post-bellum South 1. Congress passed the reconstruction Act 2. Established the Freedom's Bureau th th th 3. 13 ,14 , & 15 Amendments th 13 Amendment – abolished slavery 14 Amendment- granted citizenship to all people born in the U.S. , including freed slaves th 15 Amendment- guaranteed voting rights for black men End of Reconstruction- Reconstruction reverses After Reconstruction- full citizenship of blacks were shattered  U.S. laissez-faire policy  Plessy v. Ferguson (1896) Jim Crow Laws were created which caused mas mob violence, murders, lynching, & second class citizenship. Brown v. Board of Education (1954) The use of separate but equal became not allowed in public education. De jure- means literally by law or legally enforced De facto- means by fact , where races were still segregated even though the law didn’t require so. Equality through Law The Civil Rights Act of 1964 – granted Hispanic Americans and farm workers migrant workers' rights. Later on in 1924, Native Americans were granted citizenship The Voting Rights of 1965 – allowed federal agents to oversee voter registration Civil Rights : Blacks and Women  Most rights were mostly limited to white males , but white women had significantly more rights than black men and black women  "Naked Rights"- white women had rights through their fathers, husbands, or trustees. Asian Americans  1877- Congress declares Chinese ineligible for citizenship  1882- Chinese Exclusion Act , Japanese Internment  President's Ronald Reagan and George Bush authorized reparation payments to survivors and descendants Disabled Americans  1973 Rehabilitation Act – outlawed discrimination against people with disabilities  Americans with Disabilities Act of 1990 – guarantees equal employment, housing, health care, etc.


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