Intro to Political Science 21A Midterm 1 Study Guide - Beckmann
Intro to Political Science 21A Midterm 1 Study Guide - Beckmann Pol Sci 21A
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This 15 page Study Guide was uploaded by Joyce Nguy on Saturday October 24, 2015. The Study Guide belongs to Pol Sci 21A at University of California - Irvine taught by BECKMANN, M. in Fall 2015. Since its upload, it has received 540 views. For similar materials see INTRO AMERICAN GOVT in Political Science at University of California - Irvine.
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Date Created: 10/24/15
Intro to Poli Sci 21A Professor Egan Why Government The Problems of Collective Action The Problem of Collective Action a situations in which rational behavior on the part of individuals leads to outcomes that leave the group worse off i Three basic types 1 coordination problems 2 freerider problems 3 tragedy of the common problems Coordination Problems a when each member of a group agrees on what it collectively wants and each is prepared to contribute but needs to coordinate with others i Ex when we re driving can we drive on either side of the road Yes but it has to be a collective decision so that people don t crash Prisoner Dilemnas a arise when individuals who would be better off supporting a group agreement have incentives to not support Free Rider Problem a occurs whenever individuals are tempted to withhold their contribution to the group s efforts b occurs when contributing i won t itself make a difference ii won t get you any extra benefit c Ex National defense Tragedy of Commons a occurs whenever individuals are tempted to squander a collective good b occurs when exploiting good i won t itself make a difference ii benefits you regardless of what anyone else does c Ex when fishing you know it would be better to allow fish to reproduce so that you can have income for years But in competition you want to catch all the fish so that you might as well get it when you can 10115 Lecture 2 Government Does 2 Things to Solve Collective Action a provides a way of making decisions about our collective interest b provides a way of enforcing those decisions 2 Settling on Collective Agreements Making the Decision a vote majority rule b delegate to a representative c other stuff flip a coin take turns etc 3 Settling on Collective Agreements Enforcing the Decision a coercion prison torture death b selective incentives tickets taxes 4 Why Government a it d be great if people operating in simple selfinterest worked out b not the case Collective Actions Problems abound c citizens need to agree to give up some freedom for collective benefit d do this by ratifying Constitution e Gov makes enforces decisions 5 A Little History a many ancient societies run as monarchies under the idea of the divine rights of kings idea kings ruled because God picked them b British c colonies enjoy locally elected officials courts economic organizations but agreed King ruled by divine right selfsufficient d By 1760 s colonies were so selfsufficient that reliance and loyalty to King weakened e King George III paying a ton to protect his colonies but his colonists did not give much in return 1754 Sugar Act 1765 Stamp Act 1773 Tea Act 1773 Boston Tea Party 1774 Coercive Acts k 1776 Thomas Paine s Common Sense 6 The Coercive Acts AKA Intolerable Acts a Quartering Act 1765 required colonial authorities to offer barracks and supplies to British troops b Boston Port Bill June 1 1774 closed port of Boston until damages from Tea Party paid c Admin of Justice Act 7 Thomas Paine s Common Sense a attacked notion of hereditary monarchy b dismissed idea of working it out with England c outlined economic benefits of independence d went platinum 8 Key Folks a Thomas Hobbes b John Locke 10 11 12 1 2 3 4 5 6 c Jean Rousseau d Voltaire Key Concepts a natural law b social contract Social Contract a gov is legit when people turn over rights to it Natural Law a If God gives natural rights not to King all people are born with certain rights Declaration of Independence a written by Jefferson hafl from Franklin and Adams Political Science 21A WEEK TWO The Fundamental Danger a in giving a government enough power to enforce collective agreements what s to keep officials from using that power to do whatever they want Fed 51 a first enable the gov to control the governed in the next place control itself ldeas into Action a two ways i vote ii delegate b everyone voting not good c we delegate power to representatives who decide for us founding father republic d pick a perfect republic absolute ruler who exercises knows society s collective interests and uses power to serve e benevolent dictator holds whip doesn t use it except for good of people enlightened despot f human aren t perfect often far from benevolent g so if you can t rely on a perfect rep what can you do The Answer a choose best possible rep b monitor their actions c reward or punish Choose Best Possible Rep a free elections vote for anyone you want b fair elections count ballots fairly c competitive election Monitor Their Actions a transparent process we can see behind the scenes b viable opposition c free press 7 Reward or Punish a free elections b fair elections c competitive elections d frequent elections 8 Conclusion why rational individuals want to form a gov What remained unclear was what type of gov they should want Now we know 9 Ordinary people should want a gove where a elections are free fair competitive and frequent b governance THE CONSTITUTION IDEAS AND POLICIES 1 Making US Gov the First Try Declaration a getting representatives to serve the people s interest was not the founding father s most pressing concern b they were preoccupied with protecting against tyranny 2 Two Points about the Declaration a King GS is bad b passive role for federal gov don t hurt each other 3 First Try Articles of Confederation a Article 1 the state of this confederacy shall be the United States of America b Article 3 i each state retains sovereignty freedom etc ii other than the name states can do whatever they want c every state for itself except for wars mail and money d major decisions required support from 913 states e amendments required unanimous support f Congress lacked power to tax g meshes well with Declaration decentralized and passive gov 4 Collective Action under the Articles a all the problems 5 Making US Gov First Try Problems under Articles a inaction freerider problems b infighting c ineffectiveness i Shay s Rebellion highlighted problems protested courts 6 The Constitutional Convention a Feb 211787 b Congress passes resolution for Const Conv in Philly for sole purpose of revising Articles c wanted to add i more dispatch at federal level d but also wanted to keep ideas of i public consent ii individual rights iii limited potential for tyranny 7 Federalists a Madison Hamilton b stronger fed gov 8 Anti Federalists a local states decide 9 How do we know what is in our collective interest 10 Framers Answer a collective interests are reflected by ideas that command widespread longterm majority support and do not violate individuals basic rights 11 Second Try Constitutional Liberalism a separation of power b checks and balances i Federalism 1O amp 51 12 Second Try on the Strategies a Separation of powers i legislative 1 staggered terms 2 bicameral design H execu ve iii judicial b checks and balances i on congress press veto judicial review etc ii on Pres long override impeach etc iii on robes congress changes laws impeach etc c federalism i supremacy clause ii commerce clause iii 10th amendment PS 21A WEEK TWO LECTURE TWO The Founding Fathers and Early American Democracy 1 George Washington a commander in chief in Revolution b supports new Constitution 2 3 4 5 6 7 c first president unanimously d above politics e issues 0 na onalbank ii Jay Treaty with Brits iii slave owner since age 11 Alexander Hamilton a Federalist coauthor b profederal government c pro executive power d Washington s right hand man e on 10 bill first Treasury Secretary f NATIONAL BANK i assume state debts assumption Thomas Jefferson The Professor a virginia b declaration c slave owner d Washington s secretary of state chief diplomat foreign ambassador e Francophile f Louisiana purchase John Adams a Massachusetts b helped in drafting Constitution c 2nd pres d did not own slaves e Quasi War The Politics Behind the Constitution a Thomas Jefferson i not only wrote ideas in Declaration but also spoke explicitly about the abhorrence of slavery its fundamental incompatibly with natural law ii but had slaves never emancipated them iii never advocated abolition in government From Philosophy to Politics a philosophy i natural law all people have rights from God ii social contract gov serves people legit gov serves the will of ordinary citizens politics 1 economics 2 power The Political Fault Lines a Federal vstate iii b big states v small states c slave states v non slave states 8 Fed v States a federalists i trusted elites educated and propertied ii favored representative gov republic iii emphasized importance of strong nation fed gov b antifederalists i trusted common man farmerslaborers ii more direct democracy iii emphasized dangers of strong fed gov c Resolution i Supremacy clause 1 This Constshall be the supreme law of the land every state shall be bound thereby ii Commerce Clause 1 to regulate commerce with foreign nations and among the several states and with Indian tribes 2 each state can control trade within state but interstate is regulated by fed gov iii federalism iv 10th amendment 1 the powers not listed in Const are reserved to state or to the people 9 Big states v Small States a two rival plans i virginia plan big states ii newjersey plan small states b The virginia plan i representatives allocated by population ii power to veto state laws iii power to use military against states iv council of revision c newjersey plan i representatives allocated by state equal number to each ii fed gov powers akin to Articles weak d Great Compromise Connecticut Compromise i two chambers 1 upper chamber Senate would be composed of 2 delegates sent from each state 2 lower chamber House compose of reps based on population 10 Slave v NonSlave a word slave doesn t appear in Constitution b slavery integrally woven in Const i 35 clause counted slaves as 35 of citizen in apportioning representation gave south extra reps in House extra votes in electoral college ii kept congress from regulating the slave trade for 20 years 1 required return of runaway slaves to their owners 2 gave the fed gov power to put down domestic rebellions including slave insurrections 11 John Adams on suffrage a voting rights should not be left to states because women boys from 1221 will want a vote Political Science 21A Week Three 1 Civil liberties a consist of legal and constitutional protections against gov b justice in the US criminal justice system is defined primarily in terms of whether i case followed the proper procedure for conviction 2 Idea of Civil Liberties a Tocqueville i tryanny of the majority b Madison i majority or minority faction c Locke i natural rights d Mill i on liberty e Jefferson i unalienable rights 3 Arguments against Bill of Rights a restrict freedom freedom given by gov not by nature 4 Arguments for Bill of Rights a no power to take away rights 5 Result a majority rule with individual rights 6 Bill of Rights a Amendment 1 i no law respecting or prohibiting religion speech press peaceful assembly petition government 1 Ex Schenck v US 1919 a Schenk wanted to burn draft card SC said free speech limit but no burning clear and present danger b Amendment 2 i regulated militia right to bear arms 1 Ex McDonald v Chicago 2010 c Amendment 3 i no soldier should be housed in time of peace without consent of homeowner unless law d Amendment 4 i right to be secure in their persons houses papers against unreasonable search and seizure No warrants without probable cause 1 Ex Mapp v Ohio 1961 a says no to search of house e Amendment 5 1 no being held for crime unless a presentment of grand jury no person should be subject for the same offense double jeopardy should not be a witness against himself nor deprived of life liberty pursuit of happiness without due process to private property be taken for public use a Ex Miranda v Arizona 1966 i confession was not freely given confession did not know rights ii must read Miranda rights f Amendment 6 i right to speedy and public trial impartial jury right to assistance of counsel to be informed of accusation 1 Ex Gideon v Wainwright 1963 a gets appealed because no lawyer so now right to attorney g Amendment 8 i excessive bail not required excessive fines nor cruel and unusual punishment 1 Ex Gregg v Georgia 1926 2 is death penalty cruel unusual h Amendment 9 i just because we listed these doesn t mean you don t have more rights not listed i Amendment 10 i powers not stated in Constitution are reserved to states or people j Amendment 14 i former states have rights and have all equal protection of law All citizens are citizens no state shall make laws or deprive against equal protection or due process Constitution applies to both state and fed gov 7 Court lnterpreatation a what rights do you actually have i whatever the Supreme Court says b free speech i broad protections in terms of speech it s okay 1 offensive speech 2 symbolic speech burning flags ii limits 1 clear and present danger fire in theatre 2 direct incitement to imminent lawlessness 3 obscene c free press i reporters broad protections in terms of speech 1 offensive speech 2 good faith mistakes ii limits 1 libel public v private persons lies 2 obscene d freedom of religion i any religion they choose ii gov cannot establish religion iii separation of church and state e criminal rights i from the moment gov are first stopped on through sentencing the Court has delineated what due process means 1 probable cause 2 selfincrimination Miranda 3 right to counselattorney 4 grandjury 5 jury of impartial peers 6 cruel and unusual 7 double jeopardy 8 First Ten Amendments Bill of Rights 9 13 14 15 Reconstructed Amendments Political Science 21A Week Three Lecture Two 1 Court Interpretation Civil Liberties and National Security a The Constitution is not a suicide pact b 1798 Alien and Sedition Acts it s illegal to speak out against you c 1862 65 Habeas Corpus suspended d 191718 Espionage and Sedition Act e Fred Korenatsu i born in Oakland CA in Japanese iii refused internment camp after Roosevelt order 9066 1942 iv Korenatsu v US 1944 said it was Constitutional 2 14th Amendment a initially intended to assure former slaves all rights of citizenship 3 What does it mean to be an American a guaranteed certain civil liberties Bill of Rights identifies rights Supreme Court interprets their actual practice in a changing world i SC tends to ratify majority opinion ii wartime courts tend to give officials lots of leyway iii constitutional principles and on the ground practice are not the same Political Science 21A Week 4 1 Civil Rights a Emmett Till b was abducted by white men and killed after whistling at a white woman 2 Distinguishing Civil Rights from Civil Liberties a Civil Rights i refer to the positive acts governments take to protect individuals against any discrimination b Civil Liberties i personal rights and freedoms that gov cannot violate by law 3 De Jure v De facto a de jure i by law b de facto i in fact but not in law 4 Long March to De Jure Equality Slavery a slavery at founding i compromise ii fed gov power to fight slave rebellions iii Senate had balance of free and slave states b Missouri Compromise 18201821 i sanctioned slavery in South c The Compromise Slipping 1830s1870s i ideological abolitionists didn t like slavery for no other reason than just white labor economics 1 white people can t go against slaves for labor in South ii California s admission to Union d fugitive slave law i Dred Scott v Sandford 1 runaway slaves gets to North 2 SC fed gov had no right to take people s PROPERTY slave 5 Abe Lincoln s Election a free soil free labor free men b Emancipation Proclamation 1863 c Civil War 18611865 6 13th 14th 15th Amendment a reconstituted the south joining North again i 13th 1 abolished slavery ii 14th 1 former slaves citizens with rights to due process iii 15th 1 reguaranteed right to vote 7 Plessy v Ferguson 1896 a established doctrine of separate but equal b SC says separate is okay 8 Brown v Board of Education 1954 a Separate education facilities are inherently unequal b Thurgood Marshall 9 Jim Crow Laws a reinstituted segregation 10 Voting discrimination cemented in a white privileges b poll taxes c literacy tests d grandfather clauses 11 Civil Rights Movement 1960 a MLK Letter from a Birmingham Jail b 1964 Act i allowed fed gov to proactively prosecute discrimination in public accommodations c Voting Rights Act 1965 i allowed fed gov to proactively register voters 12 Civil Rights Beyond Race a age b sex c sexuality d religion e national origin f Americans with Disabilities Act 1990 i can t discriminate against people ii gov needs to step in so they are treated equals iii in private employment iv all state and local gov agencies v places of public accommodations vi voting access to booth 13 Ongoing March to De Facto Equality a even as the formal legal barriers to equality continue to be broken down inequalities still persist Political Science 21A Week Four Lecture Two 1 From Law to Politics a while many important de jure discrimination issues certainly questions of law they are also highly political 2 Partisanship and Southern Politics a upon signing GPA of 1964 LBJ says we have lost the South for a generation b Southern Democrats AGAINST civil rights act 3 Equality of Opportunity v Equality of Result 4 The Courts a criminal law i laws regulating crimes against society b civil law i laws regulating crimes between private individuals c jurisdiction i authority vested in a particular court to hear and decide the issues in any particular case d originaljurisdiction i jurisdiction of court that hear a case first trial ii 13 1 cases start at SC when a involve 2 or more states b US and state c foreign ambassadors and diplomats e appellatejurisdiction i power vested ii 97 1 SC can hear cases from a US courts of appeals 5 The Supreme Court chooses which cases it will hear a rule of4 i 49 agree for cases ii writ of certiori what 49 is called Case accepted b SC will grant certs when i important issue Const is implicated ii lower courts disagree c SC will not grant when i they merely disagree with a particular court s decision in a given case 6 The Question of Judicial Review a judicial review i the power of courts to review acts of other branches and states 7 Marbury v Madison 1803 a federalists lose election in 1800 try to fill gov with judges at last minute b Madison threw away fed judge paperjobs c Marbury sues d Chief Marshall s decision i Marbury deserves his appointment by law but the law was uconstitutional 8 Pro Judicial Review a check b protects civil liberties c implied by Const 9 AntiJudicial Review a gives SC unchecked power b not elected c not constitutional 10 Making it to the Fed Bench a judge must have legal training b experience in court c prior service in fed gov 11 Borking a after 1987 Reagan nominee Robert Borker i strategy to defeat a judicial nominee often by seeking out damaging info running ads and other campaign like tactics ii democrats don t let Bork get confirmed b presidents have learned from Bork pick candidate who don t have paper trails stealth 12 Interpreting the Constitution a where all justices agree stare decisis i when formulating new decisions about law civil justice agree that court should rely on past decisions judicial activism vjudicial review b where not all justices agree judicial philosophy i 3 basic ways to read Const 1 strict constructionist liberal interpretation 2 original intent context of Framer s intention s 3 living document interpret in context of current circumstances 13 Our Current Const 8 b 4 v 4 liberals vs conservatives one swing vote Kennedy 14 A Politicized Court a b C d e f Article 3 of const judicial branch least dangerous neutral arbiter in dsiputes over time courts key players matters of privacy polarization in Washington partisan selection and confirmation closely divided SC 54
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