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LONG BEACH STATE / Political Science / POSC 100 / What are the major parties in the history of the us?

What are the major parties in the history of the us?

What are the major parties in the history of the us?

Description

School: California State University Long Beach
Department: Political Science
Course: Intro to American Government
Professor: L. ringel
Term: Fall 2016
Tags: Posc, PoliSci, Politics, study, and guide
Cost: 50
Name: POSC 100 Final Study Guide
Description: POSC FInal Study Guide
Uploaded: 12/10/2016
17 Pages 75 Views 2 Unlocks
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Exam Two Study Guide: 


What are the major parties in history of the us?



From Chapter 11 

FROM CHAPTER 11:  

What the roles of parties are, why the US has the kind of party system it does, and what the roles of minor parties are. (486-96) ● Partisan​: a committed supporter of a political party; also, seeing issues from the point of view of a single party

● Role of Parties

o Political party​: an organization that tries to win control of government by electing people to office who carry the party label

o Majority rule “The parties are the special form of political organization adapted to the mobilization of majorities... ”

o Popular sovereignty…


What the democratic parties stand for?



▪ Keeps elected officials responsive

● Party platform: ​a party’s statement of its positions on the issues

of the day passed at the quadrennial national convention

▪ Stimulate political interest

▪ Ensure accountability

▪ Help people make sense of complexity in politics

▪ Make government work

o 5 major parties in history of the US: Federalist, Dem-Repub, Dem, Whig, Repub ● Why there is such a party system We also discuss several other topics like What is commercialization?

o Two party system: ​a political system in which two parties vie on relatively equal terms to win national elections and in which each party governs at one time or another


What is distinctive about american elections?



Don't forget about the age old question of What is media sensationalism?
We also discuss several other topics like Who is edward taylor?

o Multiparty systems: ​a political system in which three or more viable parties compete to lead the govnt; because a majority winner is not always possible, multiparty systems often have coalition governments where governing power is shared among two or more parties

o Electoral Rules

o Proportional Representation: ​ The awarding of legislative seats to political parties to reflect the proportion of the popular vote each party receives

▪ Not in the US

o Winner Take All, Plurality Election, Single Member Districts

▪ First past the post: only one person wins

▪ Duverger’s Law: two party outcome of plurality elections in single

member district voting systems

● Minor parties are encouraged to join main party If you want to learn more check out How do we know right from wrong?
Don't forget about the age old question of What is the ionic compound's place in water?

o Restrictions on Minor Parties If you want to learn more check out The genetic variation that confers no selective advantage or disadvantage is called what?

▪ Fed partially funds major parties automatically if they are nominated while minor parties must have at least 5% of the vote in the general, and the money is not reimbursed until after the elections

▪ Legal work for small parties difficult

▪ Preset restrictions set by large parties

● Role of Minor Parties

o Only one minor party has ever replaced big party (Repub)

o Minor parties have come in these forms

▪ Protest parties: Populist

▪ Ideological parties: Libertarian; Green

▪ Single issue parties: Prohibition

▪ Splinter parties: Bull Moose

o Ex. Ross Perot crusade for balanced budget nudged parties to create such a budget

o Tea Party: large faction within the conservatives; pushed the conservatives even further

● Realignment: ​process by which one party supplants another as the dominant party in a two party political system

● Seven identifiable party eras

o (1790s – 1815ish) Fed vs Dem-Repub (winner)

o (1816-1860) Dem vs Whigs (even matched)

o (1868-1894) Dem vs Repub (even matched)

o (1900-1932) Dem vs Repub (winner)

o (1940-1960ish) Dem (winner) vs Repub (New Deal Era)

o (1960ish-1990ish) Sixth Party Era Dem vs Repub (De-alignment) o (1990ish-now) Seventh Party Era Dem vs Repub (Parties at War) ● New Deal Party Era

o New Deal​: the programs of the administration of FDR

o New Deal Coalition​: The informal electoral alliance of working class ethnic groups, Catholics, Jews, urban dwellers, racial minorities, and South that was the basis of the Dem party dominance of American politics from the New Deal to the early 1970s

● The De-alignment Era

o Triggered by Dem openness to LGBT, assistance towards African-Americans, and opposition to Vietnam War

o Civil Rights movement alienated white southerners and blue collar workers, LGBT support alienated religious conservatives, and peace alienated Americans who favored strong defense and aggressive foreign policy

o Divided Government: ​Control of the executive and legislative branches by different political parties

▪ Bipartisanship still possible at this time as people from across the political spectrum still existed

o Dealignment: ​a gradual reduction in the dominance of one political party without another party supplanting it

● The Parties at War Era

o Important dates

▪ 1994: Repub gain victory in both houses of Congress led by Newt Gingrich

▪ 1998-1999: Near impeachment of Bill Clinton with a close vote along party lines in the Senate; large majority of both parties opposed these

actions

▪ 2000: Bush-Gore elections

o Interestingly, partisanship is strong among elites but not in regular voters, who tend to be centrists/moderate

What the Democratic and Republican parties stand for, which groups are likely to be part of their respective coalitions, and why.  Why some of the undecided or swing voters’ and other groups’ voting patterns are sometimes surprising. (500-515).

● What do they stand for, Which groups are likely to be part of their respective coalitions, Why

o Party identification​: the sense of belonging to one or another political party o Recently, both parties are “rallying the base” then going after swing voters o Both parties have become campaign machines in service of candidates as they cannot really order them about – candidate centered

o Party Conventions: meet every four years to pick (vice) presidential candidates, to write a platform, and revise party rules

▪ Candidates do not have to support platform

o National Party Committees: made up of committee people from each state and run by party chair

▪ Important as campaign service organizations for those running

state/national offices

o Congressional Campaign Committees: four congressional campaign committees – Republican and Democratic, for the House and Senate

▪ Assist members in Congress for reelection

o State Party Organizations

o Associated Interest and Advocacy Groups

▪ Recently been pushing parties/candidates to be more assertive/partisan o Ideologies

▪ Democrats

● Social/economically liberal

● Liberal: ​The political positions, combining both economic and

social dimensions, that holds that the federal government has a

substantial role to play in providing economic justice and

opportunity, regulating business in the public interest,

overcoming racial discrimination, protecting abortion rights, and

ensuring the equal treatment of gays and lesbians

▪ Republicans

● Socially/economically conservative

● Conservative: ​The political position, combining both economic

and social dimensions, that holds that the federal govn’t ought to

play a very small role in economic regulation, social welfare, and

overcoming racial inequality, that abortion should be illegal, and

that family values and law and order should guide public policies

o Unified Government:​ Control of the executive and legislative branches by the same political party

o Gridlock​: A situation in which things cannot get done in Washington, usually because of divided government

Why some of the undecided/swing voters/other groups’ voting patterns are sometimes surprising (500-515)

o Independent voters are critical as both parties have a similar base size o Active Partisans: ​People who identify with a party, vote in elections, and participate in additional party and party-candidate activities

o Leaners: ​People who claim to be independents but consistently favor one party over another

▪ Their numbers have increased

FROM CHAPTER 12

● Responsible party​: The notion that a political party will take clear and distinct stands on the issues and enact them as policy once elected to office

● Prospective voting model: ​a theory of democratic elections in which voters decide what govn’t will do in the near future by choosing one or another responsible party ● Electoral Competition model: ​a form of election in which parties seeking votes move toward the median voter or the center of the political spectrum

● Median voter​: the voter at the exact middle of the political issue spectrum ● Electoral reward and punishment: ​The tendency to vote for incumbents when times are good and against them when times are bad; same as retrospective voting ● Retrospective voting: ​A form of election in which voters look back at the performance of a party in power and cast ballots on the basis of how well it did in office ● Provisional ballot: ​a vote that is cast but not counted until determination is made that the voter is properly registered.

● Franchise: ​the legal right to vote

● Suffrage: ​ the legal right to vote

● Electoral College: ​Representation selected in each of the states, their numbers based on each state’s total number of its senators and reps, a majority of Electoral College votes elects the president

● Party convention:​ a gathering of delegates who nominate a party’s presidential candidate

● Primary election: ​statewide elections in which voters choose delegates to the national party conventions

● Party caucuses: ​the process for selecting delegates to the national party conventions characterized by neighborhood and area wide meetings of party supporters and activists

What is distinctive about American elections (525-8)

● Elections are numerous and frequent

● Elections are separate and independent from one another

● Inconsistent election procedures and vote-counting

o Provisional ballot: ​a vote that is cast but not counted until determination is made that the voter is properly registered

● Elected positions have fixed terms of office

● Elections are held on a fixed date

● “First past the post” wins

o Those who win the most votes in US, not necessarily the majority

Why voter turnout is so low in the US (530-4)

● Turnout: ​The proportion of either eligible or all voting-age Americans who actually vote in a given election; the two ways of counting turnout yield different results ● Barriers to Voting

o Many people don’t bother to register or circumstances make it difficult ▪ Same day registration had high voter turnout

o Too much complexity

▪ Referenda: ​Procedures available in some states by which state laws or constitutional amendments proposed by the legislature are submitted to the voters for approval or rejection

▪ Initiatives: ​Procedures available in some states for citizens to put

proposed laws and constitutional amendments on the ballot for voter

approval

o A decline in competitive elections

o Weak voter mobilization by local parties

▪ Knocking on doors is more effective than e-mail, mail, telephone,

television… etc

o Other possibilities: people just turning away in disgust/despair due to the states of politics

Who Votes (534-8)

● Income and Education

o Higher educated/income people tend to vote more due to more knowledge about politics/time and resources to take part in politics

● Race and Ethnicity

o Gap between whites and African Americans is closing but Afr-Ame still behind o Latinos and Asian Americans tend to have lower turnouts (~20-30%) but both are participating more, the former prob because of hostile immigration laws ● Age: old people vote more than young people

● Gender: Women are voting more than men prob due to education, jobs,

What the process of campaigning for national office is like. (539-48) ● Gaining the nomination

o Super delegates: ​Elected officials from all levels of govn’t who are appointed by party committees to be delegates to the national convention of the Dem Party; not elected in primary elections or caucuses

● Need to be attractive, financed

● Primaries and caucuses are a mess

● Conventions are like coronation celebration

● Incumbent presidents tend to have an easier time than newcomers unless there is a disaster (ex. Vietnam, Lyndon)

● On one hand, nominees should appeal to many but they tend to appeal to partisans as well

● Voters are told the issues the nominee espouses, personal characteristics, and their past performance

The role of money in elections (548-52)

● Incredibly expensive, $6 billion used during 2011-2012 cycle

● Hard money: contributions to and spending by candidate and party committees that fall under the jurisdiction of the Federal Election Commission

● Soft money: not regulated contributions

o An unlimited amount of money can be given from interest groups as long as they don’t work too closely with the campaigns

o Most money comes from individual voters

o Candidates may contribute or lend money to their campaigns

o PACs (Political Action Committee collect and make contributions to federal campaigns)

o The parties may contribute but not with too much money

● Until only recently (2012), public money, taxpayer money, was used for campaigns ● After soft money was banned, 527, 501, and super PACs gained favor o 527s: entities that can use unregulated money to talk about issues, mobilize voters, and praise or criticize candidates and officeholders

▪ They have no limits regarding money

▪ Ex.) Swift Boat Veterans for Truth (anti-Kerry) and MoveOn.org

(anti-Bush)

▪ Required to report receipts and expenditures to IRS

o 501s: tax exempt and losing favor

o Super PACs: like 527s but cannot directly donate

How elections are decided (552-8)

● Electoral College: Americans actually vote for state of electors – equal to the number of the state’s senators and reps

o Usually works like direct popular votes but has other consequences

▪ Magnifies the popular support of winners; many presidents have won by plurality not the majority

▪ It may let the less popular candidate win

▪ It discourages third parties

● Electors: ​ Reps who are elected in the states to formally choose the US president

● Plurality: ​ More votes than any other candidate but less than a majority of all votes cast FROM Chapter 13:

The basic characteristics of American federalism (562-72). ● Federalism: ​A system in which govn’t powers are divided between a central govn’t and smaller units, such as states

● Confederation: ​A loose association of states or territorial divisions in which very little power or no power at all is lodged in a central govn’t

● Unitary System: ​A system in which a central govn’t has complete power over its constituent units or states

● In the Federalist Papers: the founders argued that this size and diversity made federalism especially appropriate for the US

Federalism in the Constitution

1.) Power is expressly given to the states, as well to the national govn’t

2.) The states have important roles in shaping and choosing officials for the national govn’t itself, and in amending the Constitution

Independent State Powers

● Supremacy clause: ​The provision in Article VI of the Constitution that the Constitution itself and the laws and treaties of the US are the supreme law of the land, taking precedence over state laws and constitutions when they are in conflict

● Tenth Amendment: ​Part of the Bill of Rights, the Amendment says that those powers not given to the fed govn’t and not prohibited to the states by the Constitution are reserved for the states and the people

● Reservation clause: ​Part of the Tenth Amendment to the Constitution that says powers not given to Congress are reserved to the states or the people

● Concurrent powers: ​Powers under the Constitution that are shared by the federal govn’t and the states

Federal Powers

Conduct foreign relations

Raise army/navy

Regulate interstate commerce

Concurrent Powers

Tax

Borrow money

Provide public safety

State Powers

Conduct elections

Regulate commerce within the states

Establish local govn’t

Relations Among the States

● Horizontal federalism:​ Term used to refer to relationship among the states ● Interstate compacts: ​Agreements among states to cooperate on solving mutual problems; requires approval by Congress

 The debate over American federalism (573-4, 589-91).

● Nationalist position vs States’ Rights Position

● Nationalist position: ​The view of American federalism that holds that the Constitution created a system in which the national govn’t is supreme, relative to the states, and that it granted govn’t a broad range of powers and responsibilities

o “Necessary and proper” clause: ​Article I, Section 8, of the Constitution, also known as the elastic clause, gives Congress the authority to make whatever laws are necessary and proper to carry out its enumerated powers and the

responsibilities mentioned in the Constitution’s preamble

● States’ Rights Position

o States equal in power to the govn’t: reservation clause, constitution made by states

o States’ rights position: ​The view of American federalism that holds that the Constitution created a system of dual sovereignty in which the national govn’t and the state govn’t are sovereign in their own spheres

o Dual federalism: ​An interpretation of federalism in which the states and the national govn’t have separate jurisdictions and responsibilities

o Nullification: ​an attempt by states to declare national laws or actions null and void

US Federalism: Pro and Con

Pro

Con

Diversity of Needs

The Importance of National Standards

Closeness to the People

Low Visibility and Lack of Popular Control

Innovation and Experimentation

Spillover Effects and Competition

American Federalism: How Democratic? 

Federalism successfully constrains democracy in at least five ways 

1.) It adds complexity to policymaking and makes it difficult for citizens to know which elected leaders to hold responsible for govn’t action 

2.) Many policy areas, including education and voting eligibility, are mainly the responsibility of the states, where policymakers are insulated from national majorities, although not from majorities in their own states 

3.) Small-population states play a decisive role in the constitutional amending process, where each state counts equally, regardless of the size of its population 4.) Small and large states have equal representation in the Senate, meaning that senators representing a minority of the population can block actions favored by senators representing the majority 

5.) States politics are much less visible to the public; citizens are much less informed about what goes on in state govn’t where many important policies are made, and thus, popular participation tends to be lower 

Preemption:​ exclusion of the states from actions that might interfere with federal authority or statutes

Civil War Amendments:​ the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, adopted immediately after the Civil War, each of which represented the imposition of a national claim over that of the states

Due process clause: ​the section of the Fourteenth Amendment that prohibits states from depriving anyone of life, liberty, or property “without due process of law,” a guarantee against arbitrary government action

Equal protection clause:​ the section of the Fourteenth Amendment that provides for equal treatment by government of people residing within the United States and each of its states Devolution:​ the delegation of power over and responsibilities for federal programs to state and/or local governments

Cooperative federalism: ​Federalism in which the powers and responsibilities of the states and the national government are intertwined and in which they work together to solve common problems; said to have characterized the 1960s and 1970s

Fiscal federalism: ​that aspect of federalism having to do with federal grants to the states Grants-in-aid: ​funds from the national government to state and local governments to help pay for programs created by the national government

Categorical grants: ​federal aid to states and localities clearly specifying what the money can be used for

Block grants: ​federal grants to the states to be used for general activities General revenue sharing: ​federal aid to the states without any conditions on how the money is to be spent

Conditional grants: ​federal grants with provisions requiring that state and local governments follow certain policies in order to obtain funds

Mandate: ​a formal order from the national government that the states carry out certain policies

The points about California Government from the “Federalism Lecture Slides” posted on Beachboard. 

● 

EXTRA CREDIT: If any in said in lecture… 

FILL IN THE BLANK FROM LECTURE 

AMERICAN PARTIES ARE GENERALLY weaker ​ than those in other democracies (slide 7) Proportional representation ​ in other countries leads to a multi-party system​ (slide 8) The US system has the purest two-party ​system in the world (slide 9) 

This is because of (slide 10) 

- electoral rules 

o work to prevent third parties from forming. 

- restrictors on minor parties 

o make sure there are fair elections 

- absence of a strong labor movement

o no strong workers movement, no party that represents ordinary working people Public fundings of elections me ​ ans that money doesn’t matter as much and business can’t control all of the other parties (slide 12) 

Elections are business interest f​ unded (slide 13) 

When interest of business and workers are in conflict, business interest​ tend to prevail (slide 13) 

Winner take all plurality elections.​ Whoever wins the election, gets the seat from that area (slide 14) 

In each district​, who ever wins the election, they are the only person who wins. When you lose an election, you lose everything (slide 14) 

This system strongly discourages minor parties ​(slide 15) 

Gary johnson ​(slide 17) 

some will simply not vote, others may vote for jill stein​, the green party candidate (slide 18) 1. the republican “base”​ core republican supporters (slide 19) 

2. the democratic “base”​ core democratic supporters (slide 19) 

each has to mobilize its “base” ​ get its core supporters out to vote (slide 21) each party has to campaign to attract more of the undecided voters​ to vote for its candidates than the other party (slide 21) 

the problem is that by “rallying the base” through strongly partisan appeals, both parties often end up alienating undecided voters, who tend to be centrists. ​(slide 22) 

republicans tend to be unilateralists ​(slide 32) 

democrats tend to be internationalists (sl ​ ide 43) 

most campaign ads are targeted at swing voters ​(slide 50) 

“Nascar dads​”: unemployed southern working class white men with families (slide 52) “Soccer moms​”: affluent white married women in public schools (slide 52) 

EXAM 4 STUDY GUIDE: 

```````````````````````````````````````````````````````````````````````````````````````````````````````````````````` Vocab:

● Prior restraint: ​ ordered by court to not publish, sell or possess press publication, preventing it from happening before it occurs

○ Core of the freedom of press

● Free exercise clause: p​ rohibits congress from impeding religious observance or impinging upon religious beliefs

● Establishment clause: p​ rohibits congress from establishing an official religion; the basis for the doctrine of the separation of church and state

● Exclusionary rule: p​ revents police and prosecutors from using evidence against a defendant that was obtained in an illegal search

● Civil liberties: ​refers to those freedoms to which people are said to be entitled simply because they are human beings or members of a society, freedoms that the government may not take away

○ Freedoms found primarily in the Bill of Rights, the enjoyment of which are protected from government interference 

● Civil rights: ​often used to indicate government’s positive obligation to ensure that people are able to make use of their liberties 

● Humans rights: ​generally used when discussing how different governments around the world treat their people, as a way to indicate that there are certain fundamental rights that people should have in any country, simply by virtue of being human regardless of the culture they live in. 

● Common law: ​laws established by judges 

● Statutory law: ​laws established by legislation 

● Habeas corpus: ​The legal doctrine that a person who is arrested must have a timely hearing before a judge 

● Economic liberty: ​The right to own and use property free from unreasonable government interference 

● Due process clause: t​ he section of the Fourteenth Amendment that prohibits states from depriving anyone of life, liberty, or property “without due process of law,” a guarantee against arbitrary or unfair government action 

● Privileges and immunities clause: T​ he portion of Article IV, Section 2 of the Constitution that says that citizens from out of state have the same legal rights as local citizens in any state 

● Equal protection clause: T​ he section of the Fourteenth Amendment which guarantees that everyone will be treated equally by government 

● Nationalizing: ​The process by which provisions of the Bill of Rights become incorporated. See incorporation 

● Incorporation: ​The process by which the Supreme Court has made most of the provisions of the Bill of Rights binding on the states. See nationalizing 

● Obscenity: ​As defined by the Supreme Court, the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value 

● Probable cause: ​Legal doctrine that refers to a reasonable belief that a crime has been committed 

● Capital crime: ​Any crime for which death is a possible penalty 

Extra Credit

Tester studies (see textbook p. 459)

● Tester Studies: (aka audits) i​ nvolves sending two separate individuals to do something, such as applying for a job or renting an apartment

● Individuals are trained to be identical in all relevant respects except for race, gender, or ethnicity

○ Helps conclude if discrimination is at work

■ Ie. if a white person gets something that a black person does not

○ Conservatives discount the findings of these studies (White males are more likely to get jobs,houses, cars, etc.)

○ Liberals reply that a finding that there is discrimination in private sector employment is significant regardless of what a study of a public sector might show

A question about de facto and de jure (civil rights violations)

● De jure (direct/formal): ​actual laws that explicitly target a certain group for harmful discrimination (legally)

○ Jim crow

○ Internment of japanese

○ Enslavement

○ Etc

● De facto (indirect/informal): ​failure of the government to step in and actively protect groups of Americans from discrimination or failure to guarantee equal treatment or opportunity

○ Unequal access to health care

○ Environmental racism

○ Educational discrimination

○ Criminal justice system

During a lecture on the First Amendment, Professor George provided a list of several countries where the same thing is going on. What is it that is going on in all those countries? 

In all those countries, there is large scale civil violence based on religion. ````````````````````````````````````````````````````````````````````````````````````````````````````````````````````` 

You should know what those who endorse various ideologies believe regarding the issues of civil liberties and civil rights we are examining. 

● Some examples of de jure violations 

○ Women and African Americans paid less despite college degrees ● Some examples of de facto violations 

○ Saudi Arabia’s extreme gender discrimination laws: requiring male consent to go the hospital 

■ What a dick move 

You should know what the various clauses of the First Amendment mean, and how the rights and liberties mentioned in them are understood today. (pp. 372-400, 410-45). 

● First Amendment: ​The Bill of Rights

○ Freedom of speech, freedom of press, freedom from unreasonable search and seizure, freedom from being tried twice for the same crime… ● Majorities should not be able to disenfranchise the minorities (in cases of elections) 

○ Rules granted by the constitution make it so there will always be a democracy 

○ Must have periodic and regular elections beyond the power of the majority ○ People must be allowed to form multiple political parties 

○ Religion 

○ Right to keep and bear arms 

● The US Constitution permits the government to deal with these concerns but does not require it to do so 

● Freedom of Expression 

○ The right to communicate openly 

■ Comprised of freedom of speech and press 

■ Can be based on the majority and the need for a basis of change ○ People have the right to do anything they want in their private lives so long as it does not interfere with the rights of others 

○ This is a very slippery slope as to how much censorship is too much, and too little-the debate is where to draw the line 

■ Exceptions to the freedom include national security, incitement,hate speech and fighting words, defamation (spreading lies that hurts reputation), pornography, symbolic speech, access, religion, 

privacy (sexual, right to die, communication), the death penalty 

● Free Exercise of Religion 

○ Beliefs are protected but not practiced 

○ The Founders of the Constitution opposed any form of Established Religion 

○ Americans are extremely religiously observant people 

■ Majority religion in US is Evangelical and Protestant Christians ● They oppose constitutional separation of church and state 

(establishment clause) 

○ The government cannot interfere with anyone's personal religious beliefs but some religious practices may be restricted if likely to cause harm to others or the community 

○ Religious practices may also be restricted if the state has a compelling reason to do so 

○ No one's religious practices can be restricted simply because they offend others

○ Permitted by controversial religious practices: 

■ Religious schools teaching biblical account of creation as a science ■ ½ of americans believe that the biblical account of creation is more true than modern biological science 

■ Native american church members use of peyote 

● Establishment of Religion 

○ Many countries have 1 official religion but we don't 

○ Multiple churches can coexist at the same time possible due to the “free exercise” and separation of church and state 

○ No religion in public schools basically 

○ Early religious colonists wanted its own religion to be the official religion ○ US is the one of 2 or 3 of of the most religiously diverse societies in the world 

○ The US’ Establishment Clause prohibits government from proselytizing, endorsing or otherwise favoring any religion or its beliefs 

■ This means that in most states Creationism (a religious belief) may not be taught as science in public schools 

■ US is unique in this: the scientific explanation is nearly universally accepted in all other developed countries 

● The Constitution does NOT allow government officials to outlaw contraception, divorce, abortion, adultery, disrespect, or homosexuality because these practices conflict with Biblical commands or religious principles 

● The Lemon Test 

○ Lemon v Kurtzman Chief Justice Burger specified 3 conditions that every law must meet to avoid “establishing” religion 

■ Law must have secular purpose 

■ The primary effect of the law must be neither to advance nor to retard religion 

■ Government must never foster excessive entanglement between the state and religion 

● Privacy 

○ Not mentioned anywhere in the Bill of Rights or amendments but is very previous 

○ Private sexual activity, right to die, private communication 

● Civil Liberties (Clauses in the first amendment): ​freedoms protected by the constitutional provisions, laws, and practices from certain types of government interference 

○ May not make any law with respect to the establishment of religion ○ May not abridge the free exercise of religion

○ May not abridge freedom of speech or of the press 

○ May not abridge right to assemble or petition government 

 You should know how these principles have been applied to the various examples and case studies discussed in lectures and readings. 

● Gitlow vs new York (1925): freedom of speech 

○ Benjamin Gitlow had published The Left Wing Manifesto which embraced revolutionary socialism to destroy existing order 

○ Argued that his ideas were incitement, but ultimately he won 

● Near v Minnesota (1931): freedom of press 

● Griswold v Connecticut (1965): privacy 

● DC v Heller (2008): Right to own a firearm 

● The Red Scare (19520: suppression to freedom of expression 

● Roe v Wade (1973) : abortion case and the idea of privacy 

 You should know what the various controversies surrounding civil liberties and rights are about, and which groups tend to take which positions on these controversies. (Chapters 8 and 9). 

● Views on freedom of expression 

○ Conservatives;​ incitement is wrong, hate speech and fighting words should be allowed, pornography should be banned bc God, etc. 

○ Liberals: ​incitement is expression, hate speech and fighting words are wrong bc equality, pornography is okay/let ppl do that they want, symbolic speech is expression?, government has a job to allow access to whatever expressionistic ways there are available for everyone 

● Conservatives​ (especially religious conservatives) wish to bring prayer and the ten commandments into public schools 

○ Evangelical christians vote Republican 

● Agnostic or nonreligious americans vote for democrats 

● Conservatives: ​generally for the death penalty 

You should know what the book says about the role of the judiciary in protecting civil rights and liberties (pp. 372-9) 

● The judiciary decides the application of laws to cases

○ Interprets the laws 

● In the US, some laws can emerge from court rulings 

● Decides whether laws are in conformity with the country's constitution ● Judicial review is performed mainly by judges, meaning “We are under a Constitution, but the constitution is what the judges say it is” 

● Judges cannot be solely for or against the majority 

○ Cannot be influenced by public input 

● Supposed to dispense justice whether or not it is popular 

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You should know the difference between de jure and de facto violations of civil rights, and be able to recognize examples of each of these. 

● See above 

 You should know the basic evidence presented in the textbook regarding racial, gender, and other disparities in American society today. 

1. Innate differences determine people’s abilities 

2. Cultural differences, such as people's work ethic, their view of the value of education, and so on, determine how they do 

3. Discrimination continues despite the fact that it is illegal 

4. The harm caused by previous discrimination has not ended even though the discrimination itself has ended 

You should know what the various explanations for these disparities are, what the evidence for and against each of these explanations is, which groups tend to endorse each of these explanations, and why (CHAPTER 10). 

● Innate differences determine people’s abilities 

○ conservatives 

● Of course, conservatives like argument that races (the socio concept not bio) have a hierarchy like with IQ - The Bell Curve (Richard Herrnstein and Charles Murray) They drew attention to African Americans being poor with lower IQ ○ To them, it also explains women’s inferior economic status 

● Liberals/socialists reject this as intelligence can’t be measured with just IQ ○ A lot of dumb shits with degrees out there. Like seriously, a degree in architecture does not make you an expert in vaccines. Educated my ass

● Genetic component of IQ is overstated 

● Cultural differences, such as people's work ethic, their view of the value of education, and so on, determine how they do 

● Discrimination continues despite the fact that it is illegal 

● The harm caused by previous discrimination has not ended even though the discrimination itself has ended 

You should know what the various recommendations for dealing with racial and gender disparities are, what the debates over each of these recommendations are about, and in particular what the different positions in the debate over affirmative action are (CHAPTER 10). 

● For almost all of American history, the uS as actively denied equal protection to women and minorities

● The 14th amendment requires the federal government to provide the equal protection of the laws

● Conservatives believe that the best way for dealing with racial and gender disparities are to not have government remedies or affirmative action ● Liberals want government remedies and affirmative action

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