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by: Savannah Notetaker


Marketplace > Western Kentucky University > History > PS 110 > STUDY GUIDE FOR EXAM 1
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About this Document

These notes cover chapters 1-4, all the material that will be included on the first exam.
American National Government
Scott Lasley
Study Guide
american, National, Government
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This 7 page Study Guide was uploaded by Savannah Notetaker on Wednesday September 28, 2016. The Study Guide belongs to PS 110 at Western Kentucky University taught by Scott Lasley in Fall 2016. Since its upload, it has received 21 views. For similar materials see American National Government in History at Western Kentucky University.

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Date Created: 09/28/16
Study Guide Exam #1 CHAPTER ONE Politics: Debate over issues and how the government handles them. Politics: a peaceful means for deciding who gets power and influence in society. Politics arises from conflict • material scarcity: everyone can’t get everything they want all the time. There is limited funding. If you give to one cause, you take from another. This can be seen in dealing with tax money. • values: social/cultural arguments. i.e. same sex marriage, abortion, polyamory, monogamy. Government emerges as a mean to manage/solve conflicts without violence. People give up some degree of their freedoms for the security that is provided with government. This is called a social contract. Basically this means that you agree to the government by staying the United States. Your freedom allows you to leave if you do not agree with the government, but not to disobey it because the vast majority agrees that we need it. Rules= The “how” in Laswell’s theory. Directives for politics. A different set of rules could change the entire game. Capitalism: The economic system where the market determines production, distribution, and prices. Land/property is privately owned. Free Market System: production and distribution are left in the hands of the individuals Privately Owned Industry, businesses, and land. Regulated Economy: provides individual rights and procedural guarantees, helps fix the market when it fails. Protection from the cyclical effects. Provides goods and services that are missing. Encourages fair business. Popular Sovereignty: the people are the highest power and their document governs them. Elite Democracy: Choosing between competing leaders, illusion of participation Pluralist Democracy: Believes that people only have legitimate power in organized groups. Participatory Democracy: Each individual has a say and a vote in decision making. Republic: decisions are made through representatives of the people. Social Contract Theory: that people are willing to give up some degree of freedom for democracy. TQ: How do we manage conflict? TA: 1) Structural Rules organization • • procedures • powers of the government 2) Policy Rules • Decisions on specific political questions • the outcome TQ: Why do rules matter? TA: Rules determine winners and losers. Winners often shape the set of rules which can in turn, change the game. Capitalism (100% Free Market) vs. Socialism (Pure Command Economy) • Who determines distribution • Who determines production There is a range, or a continuum on this and most governments fall somewhere in between. TQ: What is democracy? TA: Somewhere between authoritarian regime and anarchy Democracy is based on popular sovereignty, the idea that the people are the highest power. The distinction between citizens and subjects is that citizens have rights and obligations. Direct Democracy (Each individual gets a say) vs. Representative Democracy (Elected officials) Democratic process does not always promote democratic ideals • Equality • Majority • Freedom CHAPTER TWO TQ: What was the first attempt at self-governance? TA: The articles of confederation, state run, single branch, unicameral legislature Weaknesses: No power to tax, no army, no free trade among states, no single currency, no coercive force or legitimacy TQ: What was the context in which the constitutional convention was held? TA: To revise the articles in response to Shay’s Rebellion. The meeting was held in Annapolis in 1786. Follow-up was scheduled to draft a whole new document as the Virginia Plan was proposed. The convention was marked by secrecy and compromise. TQ: What were the main issues that emerged in writing the constitution? TA: Virginia Plan (large states) vs. New Jersey Plan (small states), an issue of representation in congress. The solution was the Great Compromise or Connecticut compromise. A bicameral legislation. House=Virginia Plan Senate=New Jersey Plan North vs. South, and issue of slavery. Solution was the 3/5 compromise South wanted to count slaves as for population so they could have more representation in the house. North didn’t want them to count if they weren’t going to be counted for taxation purposes as well. Bill of Rights: 12 amendments The federalists didn’t love the idea of this while the anti-federalists refused to ratify without it. Divided authority across government: 3 branches of gov. bicameral, house and senate federalism Bill of Rights places limitation on the government Separation of powers Acceptance of the principal of equality Bill of rights protects individuals rights Separation of church and state Oldest major republic and political democracy in the world is created CHAPTER 3 TQ: What is the relationship between the states and the federal government? TA: Federalism- 2 tiered form of government where both levels are sovereign and both share authority over the same geographic area. National Supremacy: Article VI supreme law of the land. national government’s law should take precedent over state laws. The 1st case to solidify national supremacy McCulloch v. Maryland: Maryland wants to limit the bank’s influence by taxing every transaction 1. Can congress establish a national bank? (article 1, Section 8) yes Does Maryland have the right to tax that bank? No, national supremacy 2. TA: What are the consequences and characteristics of the constitution? TQ: Bias towards the status quo, easier to keep things the same, rules matter Protection of individual laws, political flexibility • ability to amend • interstate commerce, elastic, vague, ambiguous, 16 over 229 years > difficult to pass Main Reasons for Federalism: • British Tyranny • Articles of Confederation • Shay’s Rebellion National Powers taken from: enumerated powers • • implied powers • commerce clause State Powers taken from: • 10th amendment (powers reserved for states) • articles one (manage elections) and two (appoint Presidential electors) also give states power Concurrent Powers: Can be exercised at the same time as long as states do not violate national law. Types of Federalism Dual Federalism (Layer Cake) > Enhanced political and social inequalities> Experimentation on efficiency within states Cooperative Federalism (Marble Cake) > Nation more responsive to inequalities > National government too removed, out of touch Federal Funding: Funding: Block and Categorical, Unfunded mandates CHAPTER FOUR Civil Liberties: From the Bill of Rights, places limits on the government Civil Rights: Equality of rights, often requires government involvement Don’t always go hand in hand, often work against each other. TQ: What is the definition of Civil Liberties? TA: Constitution has rules that guide the American Government, open to interpretation Judiciary plays central role in defining civil liberties. Over the past 100 years many of the Bill of Rights have been ratified and defined. Freedoms are not absolute/debate generally over how many limits can be imposed. Incorporation: Process of applying the Bill of Rights to states (14th amendment) Liberties=freedoms Rights=equality Teacher question: are civil liberties absolute? Teacher answer: No, freedom of speech doesn't mean you can say whatever you want the First Amendment Freedom of Speech: early efforts -clear and present danger (1919) speech protected unless it causes a clear and present danger -bad tendency doctrine (1919) likely/tendency to lead to Illegal Behavior -Incitement standard (1969) similar to the clear and present danger also protect symbolic speech Freedom of Religion: -Establishment Clause: separation of church and state lemon test: three prong test emerged 1) Secular purpose 2) Is the primary purpose advancing religion? 3) Does it lead to excessive entanglement? The lemon test is somewhat in flux meaning there is no clear replacement for it. The free exercise clause: balance individual freedom and state interest, compelling reason, limits must restrict Freedom of the Press: obscenity: is not protected, Miller (1973) three-part test, local standard, put the decisions in the hands of the local government and away from the supreme courts on these types of cases. Libel: public figures face greater burden in proving libel New York Times vs Sullivan (1964) Prior restraint: very seldom issue prior restraint order, Near vs Minnesota (1931) Pentagon Papers Freedom of Assembly: Time, place, manner, but not content also applies to freedom of Association The Second Amendment: The Right to Bear Arms The Fourth Amendment: Illegal Search and Seizure The Sixth Amendment: Jury trial Also Gets to question witness Right to Counsel -Gideon v. Wainwright (1963) in all felony cases, now extended to misdemeanor cases involving jail time The Eight Amendment: Cruel and Unusual Punishment -Right to Privacy Found nowhere in the Bill of Rights, but implied in 1st, 3rd, 4th, 5th, and 9th amendments -Griswold v. Connecticut (1966) Established zone of privacy for married couples -Roe v. Wade (1973) decision is based on expansion of privacy rights 1787 The 3/5 Compromise I 1857 Dred Scott Case decides that African Americans are not citizens I 1865 The 13th Amendment makes slavery illegal I 1870 15th Amendment Black Males constitutional right to vote I 1865-1877 Reconstruction Era: federal troops in the South to enforce the Civil Rights Amendments I Early 1800s Voting Barriers, Jim Crow Laws (legal) de jure segregation I 1909 NAACP formed in response to growing numbers of lynching and inequality I 1954 Brown v. Board of Education overturns Plessy; separate is not equal, big question becomes the process of ending segregation I 1955 Brown v. Board of Education II addressed integration relatively vague and lacks teeth, sets wheels in motion I 1962 James Meredith admitted to Ole Miss, first black student, integration was a slow process I 1964 The Civil Rights act of 1964 outlaws segregation in public accommodations and employment, prevents tax money from going to organizations that discriminate on the basis of race, origin, or color (adds teeth) I 1964 24th amendment: Poll Taxes I 1965 Voting Rights Act of 1965 I 1960s Addressing de facto segregation, proves to be difficult Mississippi ratifies 13th amendment Charlotte allowed to end bussing American Indians: unique relationship largely due to treaties that established reservations questions of how they fit citizenship act 1924 Didn’t get right to vote in some states until 1948 and 1956 Indian Civil Rights Act Women: suffrage Equal Pay Act of 1963 CRA of 1964: were added to parts of civil rights act in attempt to kill it Title IX 1972 broad piece of legislation but application to athletes has garnered most visibility Recent expansion— • Americans with disabilities • Age discrimination • LBGTQ: new frontier -supreme court SSM -restrooms TQ: What type of distinctions can be made? Rational v. Strict Scrutiny • race=strict • gender=intermediate has replaced rational standard • it is more difficult to make distinctions based on race than gender Affirmative Action—opportunity v. outcome; difference levels on AA exist; most Americans value diversity but questions is where to draw line. • outreach—almost universal acceptability tie breaker • • as a factor, can be one of many factors, non-dominant • critical mass (University of Michigan) • quota—unconstitutional (Bakke v. Co)


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