U S GOVERNMENT [C4AE]
U S GOVERNMENT [C4AE] GPOSC 225
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This 10 page Class Notes was uploaded by Miller Rosenbaum on Saturday September 26, 2015. The Class Notes belongs to GPOSC 225 at James Madison University taught by Jennifer Byrne in Fall. Since its upload, it has received 15 views. For similar materials see /class/214140/gposc-225-james-madison-university in Political Science at James Madison University.
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Date Created: 09/26/15
I Federalism a The sharing of power between the national and state governments b All authority is derived from the people c Origins of Federalism i Under the Articles the US was governed by a confederation 1 National government derives power from states ii Federal system 1 US was the first country to adopt a federal system of government 2 The national government and state governments derive all authority from the people Different from unitary system 1 The local and regional governments derive a11 authority from a strong national government 11 Power distribution under federal system a Federal Powers i Enumerated Powers Article 1 sect 8 1 17 specific powers granted to Congress 2 Article 1 section 8 of the US Constitution a Taxation states also have this power b Coinage of money c Regulation of commerce commerce clause d National defense ii Necessary and Proper Clause article 1 Sect 8 1 Congress can enact any necessary and poper for carrying out its enumerated powers 2 Implied powers a Powers derived from under necessary and proper clause iii Supremacy Clause Article 4 1 Fed gov is more powerful than state gov b State Powers i Article 1 1 Allows states to determine time place and manner of elections for House Representatives and Senators ii Article II 1 Requires that each state appoint electors to vote for president Tenth Amendment 1 States powers described here in detail 2 Reserve or police powers a all powers not delegated to the Fed gov are reserved to the state govs b include i public health ii safety iii morals iv abortions V death penalty c Concurrent shared powers 39 Authority possessed by both state and national governments and exercised concurrently at the same time as long as that power is not exclusively within the scope of national power or in con ict with national law 1 Power to tax states already had this one 2 Establish courts 3 Make and enforce laws to carry out these powers d Denied Powers i States cannot 1 Enter into treaties 2 Coin money 3 Cannot enter into compacts with other states without congressional approval 4 Denied the authority to take arbitrary actions affecting constitutional rights and liberties ii Congress cannot l Favor one state over another in regulating commerce 2 Cannot lay duties on items exported from any state iii Both cannot 1 Cannot pass a bill of attainder guilt without trial 2 No ex post facto laws guilt for previously legal actions e Early Federalism powers expanded under chief justice Marshall i McCulloch v Maryland 1819 l Upheld power of national government and denied the right of state to tax national bank 2 Set the stage for broad reading of implied powers and made fed more power that states ii Gibson v Ogdon l Expanded commerce clause 139 Dual Federalism V Cooperative Federalism i Dual Fed stick to enumerated powers and that s it 1 National government and states are equal players 2 10 amendment has teeth 3 Supreme Court is a neutral umpire ii Cooperative Fed uses more implied powers 1 National government is supreme 2 10 amendment is a truism 3 Supreme Court should side with federal government 4 States must cooperate with federal government g Things stemming from Cooperative Federalism i Federal Grants are a way fed manipulated states 1 Categorical Grants a very detailed have a speci c purpose b Example Medicaid Interstate Highway System 2 Block Grants a not as detailed broad grants for speci c activities b secondary education 3 Unfunded Mandates no child left behind a national laws that direct states and local governments to comply with federal rules but often with little or not funding to meet requirements ii Preemption 1 derived from the Constitution s supremacy clause 2 national government overrides statelocal actions in certain areas 3 Example Immigration a federal government has sole authority in this area b states must provides services enforce laws c problem of unfunded mandates h Court cases i Bush v Gore 1 US Supreme court held the ballot counting in F1 was unconstitutional ii Hazelton PA 1 In fed court now because state is regulating immigration 111 Civil Liberties I a Civil Liberties more complex apply to all people i personal guarantees the government cannot abridge ii comes from US Constitution and judicial interpretation iii source Bill of Rights 1 First ten amendments to the US Constitution 2 Intended to limit the power of the Federal government 3 Written by James Madison originally opposed a In uences i VA declare of rights ii Natural rights iii British bill of rights b Civil Rights written to protect groups of people i govemmentprotected rights against institutional discrimination based on race seX national origin religion c Court Cases of implementing bill of rights 139 Barron v Baltimore 1 Bill of Rights only applied to fed not states ii Gilton vNew York 1 States were under bill of rights in some ways 2 Established Incorporation doctrine bil of r incorp in states d Selective Incorporation courts decide case by case i a judicial doctrine that holds that states only under bill of rights when considering freedoms most essential to order liberty justice 1 Palko v Connecticut a Overturned its own precedent b States not have to follow double jeopardy ii how are fundamental freedoms determined 1 reviewed under strict scrutiny a highest level of review skepticism i places burden of proof on the government ii iautomatically assumes that the law is unconstitutional and government must prove otherwise e First Amendment i Five freedoms establishment clause 1 Religion 2 Speech 3 Press 4 Peaceably assemble 5 Address grievances with government 6 Establish make no law respecting the estab of religion f Freedom of Religion i Framers did not want a national religion or church ii No religious test was required for office iii Two parts to freedom of religion 1 Establishment Clause a wall of separation or accommodation Prohibits the national government from establishing a national religion or favoring one religion over another The Big Issue What constitutes government endorsement i The Lemon Test 1 The govemment s action must have a secular purpose Fquot 2 The govemment s action must be neutral towards religion 3 There can be no excessive entanglement between government and religion 4 Usually involves education support school prayer religious displays 2 Free Exercise Clause a government cannot interfere with an individual s right to practice hisher choice of religion b Sherbert v Verner 1963 Voting and Election Examlll a Political Participation i Unconventional 1 More extreme unusual sometimes violent 2 Protests boycotts picketing 3 Civil Rights Movement 4 Women s Rights Movement 5 Rebellion a Boston Tea Party 6 Native American Movement a Wounded Knee Conventional 1 weaccepted moderate 2 writing letters 3 campaign contributions 4 voting most popular and familiar but low turn out rates iii Turn out rate in US 1 US has low turnout rates a 55 in 2000 b 60 in 2004 b Factors that effect Voting i Socioeconomic Status 1 Very low status low voting turnout ii Age 1 The Youth Vote a Turnout among 1829 yearolds is increasing i Still is typically low turn out b This group is most racially and ethnically diverse c More likely to express anger at the Bush Administration d 60 D 30 R iii Gender 1 Pretty equal turn out based on gender a But gender plays a factor in certain elections b Single women more liberal than married women 2 Men and women have similar opinions on a lot of issues iv Race 1 Gives us patterns to predict elections N Turn out rates V a Whites most voters b Blacks close 2nd c Hispanics large population but small of registered voters Education 1 Higher educated higher turnout c Race and Important lssues lt lt 5 Death penalty 1 Whites very in favor Hispanics also in favor 2 Blacks least in favor War in Iraq 1 Whites most in favor 50 2 Hispanics 2nd in favor 40 3 Blacks least in favor 15 Aid to poor 1 Blacks and Hispanics very in favor 2 Whites least in favor 50 Gay marriage 1 Whites and Hispanics same 35 2 Blacks least in favor 25 Abortions 1 Whites most in favor 2 All about the same Boarder control 1 Whites most in favor 70 2 Blacks 60 3 Hispanics least in favor 45 d Elections 2 Provide legitimacy to the political system Democracy participation is important Who participates The electorate Types of elections 1 Primaries a Opened b Closed i Crossover ii Raiding 2 Runoff primaries a Between two candidates with most votes 3 Initiative a Citizens submit legislationamendments directly to state electorate for popular vote 4 Referendum e 5 Recall a State legislation submits things onto the ballot to be voted for by voters Voter remove incumbent before term is over v Primaries vs Caucuses 1 Caucus a b c a gathering of neighbors meeting in churches libraries etc must be registered with the Party to attend the Caucus nominee for each Party is selected by 2 Primary an election votes cast with a ballot a b c d e Used to assign delegates to each nominee open v closed primaries most states use this method Run by state Every state has a different process vi Delegate selection through primary elections 1 What s a delegate a b c d Picked at county district and city level People pledged to vote for a certain candidate for nomination i Pledged delegate pledge to support a particular candidate based on voting Democrats delegates by district proportion Republicans winner take all 2 Super delegates Electoral College a 57 O Delegates automatically seated at the Party Conventions based on their status as current or former officeholders or party leaders Not elected in State primaries and caucuses Have voting power More influential in Democratic Nomination 15 of total delegates over 800 total in Democratic Party Examples Bill Clinton Ted Kennedy Jimmy Carter i Number of votes is based on population 1 2 senators of representatives in the house ii Faithless electors 1 Vote against population iii Advantages thoughts of forefathers 1 Voters couldn t make educated decision a b C No political parties No mass media Hard to communicate over large distances In extreme cases electoral college could vote against the people to protect them and govern 2 Gives smaller states more say in elections iv Disadvantages 1 Not fair small swing states determine election even though small population 2 Now voters arecan be more educated 3 Battleground states really the only important states f The election process Nomination campaign try to get the party to select them for a nomination ii Nominees are voted for at Primaries and caucuses iii Party convention pick there candidate ll PoliticalSocialization a PoliticalSocialization i The process through which an individual acquires particular political orientations ii The learning process by which people acquire their political beliefs and values b Where we get political socialization i Family ii School and Peers iii Mass Media iv Religious Beliefs 1 Protestants mainly conservative 2 Catholics equally moderate conservative liberal 3 Jews liberal v Race and Ethnicity vi Gender vii Age viii Region III Public opinion and polling a Public opinion i What the public thinks about a particular issue or set of issues at any point in time b Public opinion polls 39 Interviews or surveys with samples of citizens that are used to estimate the feelings and beliefs of the entire population National polls are very 1 Timely 2 Expensive c George Gallup i Made polling better by making 1 Scientific polling 2 Random sampling d Traditional public opinion polls i Determine appropriate phrasing of the questions i39 Selecting the sample 1 Random sampling a method of poll selection that gives each person the same chance of being selected N Stratified sampling A variation of random sampling census data are used to divide the country into four sampling regions iii Contacting respondents e Push Polls i Polls taken for the purpose of providing information on an opponent that would lead respondents to vote against that candidate f Tracking Polls i Continuous surveys that enable a campaign to chart its daily rise or fall in support g Exit Polls i Polls conducted at selected polling places on Election Day h Short comings of polls i Inaccurate results can be dangerous ii Voter News Service made errors during the presidential election of 2000 estimating Florida iii Major networks and Associated Press joined together to form a new polling consortium the National Election Pool iv All polls contain errors Not always predictive i Election night i No projections are made until the last polls close ii Winners are quotprojectedquot because the vote count is not complete until much later and it takes days to be officially certified iii Networks use exit polls to make the callif they are too close to call then they will use sample precinct information j Don t exit polls suffer from convenience sampling Not anymore i Election Pool Exit Poll Questionnaire 1 is a collaboration of Fox News CNN CBS ABC and the Associated Press ii Uses a random sample of precincts within the state iii Usually 1000 precincts are included supposed to be a representative sample of the state population iv Absentee voters are surveyed as well k Problems with Polling i Sampling error or margin of error 1 Difference between the sample and real population 2 A measure of the accuracy of a public opinion poll ii Limited Respondent Options iii Lack of Information 1 Some surveys use filter question to make sure people know the issue iv Difficulty Measuring Intensity IV 2008 Election first tues in Nov a VA Exit polls i Race Whites McCain 60 to 40 ii AfricanAmericans Obama 928 iii Latinos Obama 65 to 35 iv Age Youth Obama 63 to 34 v 65 and older McCain 55 to 45 vi Independents favored Obama 2 to 1 b Battleground states i VA ii PA iii OH iv IN v NM vi COL vii NC c Results 538 total 270 votes needed Obama 365 1 Won independents 2 tol iv McCain 162 d Trends i Obama 1 Carries men young voters AfricanAmericans 2 Gender Gap 16 points 3 In VA carried every demographic ii McCain 1 carried veterans 2 carried older voters but not young 3 Did not carry conservatives and evangelicals 4 At the end of the day carried moderate Republicans V 2008 VA Primaries a Democrat i Hillary Clinton ii BarackObama b Republican i John McCain ii Mike Huckabee
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