AMERICAN GOVERNMENT POLS 1101
Popular in Course
Popular in Political Science
verified elite notetaker
This 15 page Class Notes was uploaded by Estelle Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 1101 at University of Georgia taught by Maltese in Fall. Since its upload, it has received 26 views. For similar materials see /class/202246/pols-1101-university-of-georgia in Political Science at University of Georgia.
Reviews for AMERICAN GOVERNMENT
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/12/15
Functions of Congress 1 Lawmaking 2 Constituency Services a Assist constituents in resolving problems with government b Obtaining federal grants c Tour of the White House 3 Executive Oversight congressional investigation 4 Representation duties a Trustee Model i Representatives are expected to use best judgment on what to do They are elected because of expertise or good character b Delegate Model i Representative should make decisions based on what constituents want 5 Legislators a Pork barrel politics i Public funds go back to representative s home district b Earmarks i Provision of a bill that benefits a special project through direct spending or tax cuts Many believe it is wasteful 6 Representation by race a Descriptive representation do they belong to your culture b Substantive representation do they represent your values 7 House v Senate a Impeachment must start in House b Trial of impeachment presidential appointments and treaty ratification are all in the Senate President 1 Vesting Clause Article 1 v 2 a Executive power invested in President legislative power in congress i Article 2 missing llherein granted while Article 1 has it 1 Might mean Presidential power is less limited b No debate on vesting clause so framers intent is not clear 2 Great debate on Presidential power a Some argued we needed a strong executive some wanted a weak one b Suspicion of putting a lot of power in one person because of king of England c Articles of Confederation had no executive state constitutions limited power of governors state legislatures very powerful d Backlash a few years later that executive too limited needed a boost Let to argument 3 Players a Roger Sherman executive subservient to legislative b New Jersey Plan weak executives plural elected by Congress c Gouverneur Morris called for a single executive elected by the people d Committee of Style 5 member committee to write final draft of the Constitution Chaired by Morris This committee wrote the vesting clause e Vesting clause a quotjokerquot in the game of presidential power Morris left out words quotherein granted so that presidential power could expand naturally Powers a Enumerated i Commander in Chief wages war negotiate treaties ii Nominate officials b Implied no necessary and proper but hasn t stopped anyone c Inherent neither enumerated nor implied just powers claimed to have i Constitutional theory of Presidential Powers a William Howard Taft said presidential power very limited i Said president has enumerated and clearly implied powers ii Also powers specifically granted by Congress b So if CongressConstitution silent President CAN T act Stewardship theory of Presidential Powers a Teddy Roosevelt believed president can do anything that is not specifically forbidden by the Constitution or Congress Prerogative theory of Presidential Power a Lincoln and Nixon believe the end justifies the means Even if forbidden by Congress or Constitution President can break those rules in times of crisis Youngstown Sheet and tube Co v Sawyer 1952 0 During Korean War an undeclared war b United Steel Workers of America threatened to strike all major producers in the US 139 Steel important to war effort 6 TaftHarley Act Truman vetoed overruled 139 Could invoke an 80day cool off period where there would be no strike ii Congress considered but REJECTED giving the president power to seize the industry to avert strikes iii The power was not expressly given or forbidden Stewardship theory d Truman did seize the steel industry 139 Approval at 22 e 63 against the seizure 6 said that president SOMETIMES have inherent power just not in this instance 2 said presidents NEVER have inherent power 1 was silent iiquot Hugo Black s opinion president NEVER has inherent powers embraces Constitutional Theory The power of seizure belongs to Congress iv Vinson s dissent joined by two others Truman cannot seize but DOES have inherent power Embraces Stewardship Theory TaftHarley did not EXPRESSLY forbid seizure so Congress silent on the matter Therefore president can seize lt Clarks concurrent with Black Presidents sometimes have inherent powers Lincoln but in this case Truman does not because he did not wait the 80 day cool off period Embraces Stewardship Theory vi Baldridge Close to Prerogative said emergency powers are great Systems J 5 3 3 21 Presidential Systems a Executive chosen by public President not a member nor chosen by Congress b Ex America Korea etc Parliamentary System a Prime Ministers elected by parliament Serve as leader of elected majority and enjoy support of colleagues or until a new party becomes the majority b Ex Great Britain Consequences of having a presidential rather than parliamentary system a Presidential has separation of powers and checks and balances b Fewer roadblocks to legislation in parliamentary system c Parliamentary avoids lame ducks d Presidential allows for divided government different parties control different branches e President subject to impeachment Prime Ministers can be deposed through no confidence vote Theoretically president executes laws passed by Congress In the 20 h Century the president has become the chief legislator because they suggest a large part of legislation Is not responsible for creating a budget and managing the economy Congress delegates some of its enumerated powers to organizations within the executive branch Is it constitutional to give legislative power to executive branch members not directly tied with voters Political accountabilitySupreme Courtsays yes as long as Congress limits the discretion of the agencies by an quotintelligible principlequot ii Criticism about executive bureaucracy because it costs a lot to hire workers and not i politically accountable 2 Dual court system 3 a Separate federal and state courts b Trial courts cases originate with jury judge attorneys of prosecutor and defendant and appellate courts i Criminal cases law breaking ii Civil case suing iii Case can be both c Adversarial System i Presumed innocent until proven guilty Has jury judge passive prosecutor and defense are adversaries d Inquisitorial System i Guilty until proven guilty Judge gathers evidence inquisitor and is active in the case e Criminal Offenses i Felonies murder rape robbery ii Misdemeanor speeding Federal Court System a Supreme Court only court required by the Constitution b US district courts hear criminal and civil cases against the federal government or a citizen suing a citizen of a different state c US court of appeals fall within a district Ga is 11 i Hear questions of law rather than fact ii Briefs are written statements of legal arguments iii Oral arguments are arguments between lawyers on both sides d US Supreme Court i Original jurisdiction begins in the SC ii Mostly get appellate reviewing cases form lower courts iii Can hear cases from lower federal or appeals from states if a federal question dispute on how to apply the US Constitution iv Hears cases it wants to hear v Almost all appeals get to SC by writ of certiorari which takes 4 of 9 justices to hear the case 4 50 court state systems one per state 3 a Minor trial courts have limited jurisdiction divorce court b Major trial courts have general jurisdiction criminal court c Almost all states have three levels Justices a No minimum age 21 b No citizenship requirement c No requirement to be a lawyer Judicial selection in the state 5 basic methods Appointed by governor 72 Appointment by state legislature Partisan election 03 Nonpartisan election Georgia 2 Merit plan i Designed to minimize role of politics ii Commission screens nominee list creates short list Governor appoints someone from short list to fixed term After the fixed term the judge goes before the electorate in an uncontested quotretention electionquot Public decides to either keep or forsake the judge in which case a new election is held for a new judge 3 State Judges do not have life terms and are closer to constituents Party and Elections 1 8 5 3 1 1 Federalists vs Antifederalists ratification vs stay with articles of confederation a 1800 1820 First party system Era of good feelings 1820 Emergence of parties led to a change in how presidents are chosen a Electorate college i States electorate house and senate seats ii Originally electors got two votes one for candidate from own state only Winner was president runner up was vice president If tie House would break iii 12 h amendment made it so Partisan realignment dramatic shift in political landscape a Election of 1800 between Federalists to DemocraticRepublican lost power on every level b Election of 1860 Radical Republicans in power for Civil War c Election of 1932 beginning of Democratic dominance because of Herbert Hoover and the Great Depression Secular Realignment gradual change a Shift in South since the 1980s from Democrat to Republican Political Parties a Campaign run candidates for office b Mobilization energize large numbers of people to work together to elect candidates and support particular issues c Recruit and socialize leaders role model of party values d Provide identity continuity and political community e Provide channel for control organize government formulate policy Why do we have twoparty system a Third party obstacles i Psychological barriers quotwasted vote and fear the tie would lead to a deadlock in the Electoral College notion that third party quotdisruptsquot the quotnormalquot two party system ii Legal barriers ballot access laws to keep ballots from being too long don t let anyone run Major parties automatically on the ballot Minor parties must meet petition requirements file deadlines pay fees and perform loyalty oaths iii Financial barriers major party candidates can receive public funding since 1974 while third party candidates can have public funding only AFTER the election is over only if they appear on the ballot in at least 10 states AND receive 5 of the national vote If they get 5 they are guaranteed public funding for the next election Third party candidates must spend a lot of time fundraising must organize all on their own iv Winner takes all system in most states majority parties are overrepresented in the Electoral College Alternative would be direct presidential election v Political barriers no base of voter support less organization less experience typically ignored by the media and kept out of debates b Third parties don t last very long 8 Political Parties have three groups a Party in the electorate all citizens who identify with a particular party i Party identifiers everyone who identifies with the party ii Party voters those who identify who actually vote iii Party activists those who donate go out to get more votes volunteer etc b Party organization formal structure of party officers and committees that raise money handle legal issues organize conventions etc i State and local party organizations Georgia democratic and republican committees ii National committee RNC and DNC iii Congressional campaign committees c Party in government elected officials that represent a particular party and organize based on party lines i Party in congress ii Party in senate 9 President is viewed as the leader of the party but there may be more disagreement between the president and his party in congress than would be the case with a Prime Minister in a Parliamentary system 10 Responsible party government a dea that parties should present clear alternative programs and enact them faithfully once in office Easier to accomplish when elections present a clear mandate Closely divided electorate today very polarized leads to divided government 11 Elections have changed dramatically a Elections confer legitimacy of government power derived from consent of the governed b Electorate those eligible to vote expanded considerably over history i Originally only white males could vote and most had to own property ii 15quoth Amendment 1870 right of citizen to vote not to be denied based on race sex color or servitude Civil Rights and Liberties 1 8 3 5 3 6 Civil Liberties Basic rights and freedoms that citizens enjoy from government interference such as a Speech b Press c Religion d Due process e Selfincrimination etc Civil Rights not freedom from government but guarantee of equal treatment found in the quotEqual Protection Clause of the 14 h amendment Bill of Rights was originally an afterthought Original constitution did not contain one It was a pleasing gesture for the antifederalists a Founders thought constitution already limited government to enumerated powers b Listing specific rights could lead to exclusion of others c Bad timing the issue came up late in the convention There was fear that the BOR issue would undo existing compromise Original understanding of the BOR a Only limit national government b 1st Amendment CONGRESS shall make no law 1833 Barron v Baltimore a John Marshall still ChiefJustice i Cooperative Federalist ii He did NOT support that the BOR limit the states Even though cooperative federalist made a dual federalist decision because of SLAVERY So made a sacrifice for liberty in exchange for keeping the Union together 1 Before the Civil War Virginia made it a felony for abolitionists to enter the state and speak in favor of abolishing slavery Goes against 1st amendment but state is not bound by BOR 2 Missouri also required state officeholders to take on oath to support slavery Incorporation process by which specific provisions of the BOR have been applied to states a What justifies incorporation Two clauses in the 14 h Amendment i Privileges or quotimmunities clausequot 1 No state shall make any law which shall abridge the privileges or immunities of citizens of the United Statesquot 2 Framer of clause is John Bingham ROhio ii Due process clause no state shall stop life liberty or propertywithout due process oflaw 1 Procedural quotunfairquot to not use procedures fair trial 2 Substantive court can use judicial review to strike down using due process the substance of a law that violates free speech Fundamentally unfair iii Selective incorporation only some BOR apply to the states iv Total incorporation all BOR 19 apply to states v Total incorporation plus all 19 and more vi Selective incorporation plus 1 Some BOR incorporated but includes extra right to privacy 7 1873 5 years after 14 h amendment separate but equal went into effect ironic 339 3 Slaughterhouse cases Despite 1st amendment Congress passed laws restricting speech a E I amp 2 Are avg Alien and Seditions Act 1789 French and Indian War i Could not criticize government ii 1801 overturned by Jeffersonians Espionage Act 1917 i Crime to willfully cause military mutiny insubordination etc ii Sedition Act 1918 1 Crime to print write utter or publish anything that is disloyal to America and the government 2 OR advocate teach defend or suggest that any acts of this law are wrong Schenk v US 1919 i Schenk was the secretary of Socialist party of America 1 He opposed the draft and US entry into WWI He mailed 15000 leaflets to young men who had been drafted 1 Leaflet said the 13 h amendment prohibited involuntary servitude Urged the men to ask their government to repeal the draft Schenk was arrested convicted and sentenced to prison 1 90 supreme court upholds because clear and present danger Abrams v US i Abrams a Russian immigrant living in NY Anarchist and revolutionary He threw his pamphlets out of the window Charged and convicted under Espionage Act 3 Holmes also did Schenk and Brandeis dissented 72 because he believed that the clear and present danger did not apply 18951937 dual federalist i Before had been dual federalist and did not care as much about individual freedoms ii After cooperative and do care about individual rights there unwritten rights the Supreme Court should be protecting Natural Rights very broad Controversial because everyone may not agree that these rights exist People think Judges could make up rights Dual Federalist Eraquot discovered and enforced the unwritten quotliberty of contractquot i Most judges came from corporate law background and did not like government regulation in business ii Dual Federalism became a good excuse to strike down regulation of business 1 True dual federalist would let states use police powers to regulate child labor Hammer v Dagenhart iii Lochner v New York 1905 1 Lochner Era lasted until 1937 a New York legislated the number of hours could work at bakeries b Bakers in NY had lobbied for it c Supposedly Dual Federalist Court struck down a dual federalist law using the 14 hAmendment due process Used the word quotlibertyquot as quotliberty of contract and incorporating it to states i Said poor workers limited in how many hours they could work in case they wanted to work more ii Holmes dissented by citing that the Constitution does not entertain any economic theory So leave up to majority let states decide majority workers decide what to do iv Homes is a quotrestraintistquot 1 Prefer to defer to majoritarian process 2 Schenk let law stand 3 Hammer v Dagenhart dissent v Buck v Bell 1 Virginia passed law targeting socially inadequate offspring 0 Same day passed Racial Integrity Act to prevent blacks and whites from marrying b Part of Eugenics movement for selective breeding c Remained in effect until 1979 d Sterilized 60000 people 8000 in VA 2 Carrie Buck a quotfeeble minded 18 year old white woman who had been institutionalized 0 Her mother Emma also thought to be defective b Got raped by foster family member i Gave birth in hospital ii Because her new born daughter would not look at a coin she was deemed unfit as well Also Carrie was to be sterilized but she did not want to All of the judges etc said it was for her own good He lawyers disagreed and said the VA law violated the due process clause 6 Even after striking down the max hours for bakers law the SC rule 81 that Carrie was feeble minded and needed to be sterilized Rather than waiting for the doomed offspring to do something wrong just make it so they cannot reproduce any more imbeciles vi Griswold v Connecticut 1965 1 Modern day equivalent of Lochner v New York where Planned Parenthood was shut down because of Connecticut law Court said law invasion of natural right of privacy 2 Penumbra Theory 0 Privacy implied by 151 3rd soldiers in house 4 h search and seizure 5 h self incrimination 3 Douglass also said 9 h enumeration of rights shall not be construed to deny or disparage others and can be incorporated by 14 h amendment incorporation plus 4 Goldberg says 9 h amendment was enough concur 5 Justice Black did not believe in reading into the Constitution no symbolic expression etc and Steward dissent said there is no right of privacy in Constitution vii Roe v Wade 1973 1 Right to life of fetus vs privacy of mother 2 Strict Scrutiny Test law is held in contempt until proven justified 3 Blackmun trimester framework viii Bowers v Hardwick 1986 1 Section of Georgia Code that made it a felony to have oral sex even if heterosexual married couple 110 years in prison 2 54 decision that right to privacy does NOT destroy the law In this specific case a homosexual couple happened to be the issue 3 Overturned by Lawrence v Texas Know court cases situation concurrence dissent and who wrote each Know name and number of clauses in Constitution Fugitive Slave etc Know civil rights cases J 5 State laws that prevented African Americans from voting a Poll taxes tax to vote meant poor had trouble voting Banned by 25 h amendment b Literacy tests to prevent the illiterate mostly black from voting that contained many questions about the Constitution and state law c Grandfather clause if your ancestors voted before the Civil War then you were exempt from the above tests and taxes NAACP 1909 organization devoted to promote civil rights of African Americans a Early victories in the courts b Guinn v US 1915 struck down grandfather clause c Made legal defense team just for the courts aided by switch in time that saved nine in 1937 i Court became more receptive to individual rights 1 Courts began to target Plessy v Ferguson separate but equal d Sweatt v Painter denied admissions for law school because of race i Admissions policy violated equal protection clause So law school created for black students ii Court said the new law school was NOT equal iii Led to Brown v Board ofEducation 1954 that overturned Plessy Earl Warren swung vote Democracy and American Politics 3 1 1 339 8 Define Process by which collective decisions are made a Includes media business etc Government decisions bind us social contract in exchange for protection of society as a whole How to balance government control and involvement a Governmental Power comes from different places and distinguishes them Citizens can shape either directly or indirectly the making of their government a Rule by citizen b Direct democracy c Indirectrepresentative democracy In a Democracy free elections have parties based on platforms for election a Majority rule with minority rights b People can organize freely Functions of Government a Maintain order and safety b Provide public goods i Police schools etc c Promoting general welfare i Regulate economy state of emergency regulate income behavior Elections a Citizens need right to speech press organization equal access to services American Values a Fairness b Freedom and individualism selfreliance free market c Rule of Law no one is above the law d Religionmoral values Ideology interconnected set of ideas that organize our approach to politics a Conservatism tends to support government intervention on behalf of moral values but tend to oppose of government intervention in the economy b Liberalism opposes intervention in moral sphere but support intervention in economy c Libertarianism opposes government intervention in both spheres History of America 40000 years ago Native American Indians populated America 1606 King James I granted charter to establish American Colonies Motivations for coming a Religious freedom b Economic incentives 4 Colonists were divisive but came together for independence against England because of quotNo taxation without representationquot 5 Concept of Rule of Law rooted in England a Magna Carta in 1216 aristocratsbarons forced King John to be bound by due process of law Government will not take life liberty or property without due process b English Bill of Rights in 1689 i Freedom from taxation by royal prerogative only Parliament could impose taxes because it represented the people c John Locke s Two Treatises of Government published the same year as English Bill of Rights quotLife liberty and property are natural human rights Need justification to curtail them 6 Colonists vs Parliament a Stamp Act 1765 Boston Massacre 1770 in response b Boston Tea Party 1773 c First Continental Congress 1774 i Declaration of Rights and Grievances d Second Continental Congress 1775 i Continental Army with Georgia Washington to lead ii Some colonists still wary of break with Britain e Events that swayed colonists to break with Britain i Common Sense by Thomas Pain 1776 ii Boston Massacre above iii Declaration of Independence 1776 lists grievances with GB and laid down founding principles for America Judicial Review 1 Power of Supreme Court to review and strike down acts of government that violate the Constitution a Holds government accountable b Protects minority rights 2 History ofJudicial Review a Dr Bonham s case 1610 argued the courts should have Judicial Review I When act of Parliament is against common right and reason etc common law will control it and adjudge such Act to be void i39 17705 colonists embrace the idea to invalidate unjust lawstaxes by Parliament 3 Election of 1800 a Federalists vs Jeffersonian i President Adams vs VP Jefferson for president ii Aaron Burr VP vs Charles Coteswroth Pinckney for VP iii Tied because Federalists threw out second vote while Jeffersonians did not iv House controlled by lame duck Federalists but chose Jefferson because of popular vote 1 Alexander Hamilton country too young for these games b Before March 4 h 1801 Federalists still in power i Created 16 new judgeships 42 new Justices of the Peace Congress confirmed ii Everything ready a day before new president comes to power Commissions signed but could not deliver before midnight midnightjudges 1 Secretary of State John Marshall to deliver but he is also new Supreme Court Chief Justice so asks brother 2 John Marshall does not recuse himself refuse to participate even though he had the responsibility to deliver the actual mandate 1 Does Marbury have a right to this commission a Yes because he went through the legal process properly Secretary of State MUST deliver does not have Veto power 2 If there is a right to the commission is there are remedy a Yes the Writ of Mandamus we command 3 If there is a remedy can the Supreme Court issue it a No because Congress gave the Supreme Court the power to issue the writ UNCONSTITUTIONALLY in the Judiciary Act of 1789 So struck down section 13 of that law usingJudicial Review Exceptions Clause Congress can make exceptions to the Supreme Court s appellate jurisdictionThis is NOT an enumerated powerCongress cannot constitutionally regulate or make exceptions for original jurisdiction Systems of Government 1 8 3 Almost all countries have more than one layer of government a Countries divide that power differently Unitary System used by majority of countries a National government has ultimate control i May delegate some powers to local but national can overrule Confederal System a Power rests with local governments states that band together b Central government may exist but has limited powers i Focused on defense less on domestic policy Weaknesses of the Articles of Confederation 1781 a Weak national government not tax power no regulation between states b No common currency 1 39 8 c No standing army and each state could make its own foreign policy Shays Rebellion 178687 in Massachusetts February 17 1787 Congress passes resolution to convene a Constitutional Convention to amend the Articles ended up making out Constitution Some powers given to national government some to states others shared Necessary and Proper Clause elastic clause congress can selfexpand its powers or other branches in times of need Supremacy Clause Constitution treaties etc are supreme laws of the land Judges are bound by it 10 Delegated Powers are ones specifically said in the Constitution enumerated and implied 11 ReservedPolice Powers all powers left to the states 12 Concurrent powers both share such as taxing Cooperative vs Dual Federalists 1 8 Dual Federalism a Nature of Contract i Contract among states states gave up some powers to central government but retain all other powers b How to Interpret the Contract i Read the Constitution literally specify what powers the States gave up Do not want the federal government to expand its own powers ii Document of express powers only c 10 h Amendment i Powerful limit on the national government d Relationship between levels of government i Two spheres that are separate e Supreme Court i Umpire between two equals Cooperative Federalism a Nature of Contract i Contract among the people 5 How to Interpret the Contract i quotOrganicquot document subject to interpretation ii Document of express and implied and inherent powers c 10 h Amendment i States the obvious 1 Doesn t say the powers not speci cally delegated are reserved for the people or states amp Relationship between levels of government i Hierarchical national always supreme e Supreme Court i Player on the national team 18951937 more dual federalist and more suspicious or REGULATION of business 0 Supreme Court sympathetic to big business and hostile government attempts to regulate it because the justices understood how difficult it was to run one republicans since the Civil War 0 Ended up using judicial review to strike down federal AND state laws regulating business laissez faire Around 1905 The Jungle exposes the horrible working conditions in factories and low quality of meat production lead to unionsorganizations lobbying and Child Labor Act Republicans protected big business and were very successful in the 1920s they 0 0 controlled just about everything 1937 on more cooperative and more suspicious OF BUSINESS 0 FDR 9 more DEMOCRATIC and wanted business regulated believed big business led to the Great Depression via credit and aids the unions and poor Depression led to partisan shiftrealignment between Democrats and Republicans New Deal passed Conservative Supreme Court takes some issue with most laws Consistently struck down laws that they believed were unconstitutional 4 members of the Supreme Court were dual federalists four horsemen of the apocalypse and 3 members were cooperative 3 musketeers and 2 centrist voters that picked a side FDR wanted Congress to expand Supreme Court to 15 from 9 packing the court plan 0 o The 2 centrists moved to dual federalist switch in time that saved nine to defuse the court packing plan 0 By 1941 4 horsemen of the apocalypse retired and now full majority is cooperative federalism Commerce Clause Dual vs Cooperative 1 Commerce Clause Article I Section 8 a E 3 Does the 10 h Amendment serve as a limit on congress s commerce clause power i No because the commerce clause is specifically BETWEEN states not within one 10 h Amendment gives states the quotreservequot or quotpolicequot powers to regulate health safety and public welfare i Dual Federalists insist only states can regulate workplace such as minimum wages maximum working hours etc IE Production of goods workplace is different than transportation of goods commerce Can the commerce clause be read broadly to expand the power of congress i Dual No ii Cooperative Yes
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'