AMERICAN NATIONAL GOVT
AMERICAN NATIONAL GOVT PS 110
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This 16 page Class Notes was uploaded by Macey Effertz on Wednesday September 30, 2015. The Class Notes belongs to PS 110 at Western Kentucky University taught by Jeffrey Kash in Fall. Since its upload, it has received 27 views. For similar materials see /class/216734/ps-110-western-kentucky-university in Political Science at Western Kentucky University.
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Date Created: 09/30/15
PS110 Kash Notes and Review Questions for First Exam in American Government Introduction A Political Perspective on Federal Government 1 What is quotpoliticsquot Con ict over allocation of values 2 Why is con ict inherent to society Material scarcity Philosophical disagreements 3 How do societies deal With con ict Government authoritative allocator of societal values 4 What makes government authoritative Legitimacy sense of obligation Coercion preponderance of force 5 How do governments deal With con ict Governments make rules Rules as value allocations Structural rules rules of the game De nition Rules that establish the organization procedures and powers of government Policy rules rules of substance De nition A decision a government institution reaches on a specific political question within its jurisdiction Bias in rules no neutrality 6 Implications Societal con icts gravitate to government A political perspective on government focuses on how government manages the con icts of society Federal Government Rules of the Game The Constitution 1 Political Sources A Colonial Era Experiences 1 Attitudes toward National vs State Government 2 Attitudes toward Executive vs Legislature B Confederation Era Experiences 1 Alternatives a State Nation relations unitary vs confederal forms b Branches of government single vs multiple 2 Choices Articles of Confederation 3 Problems a weaknonexistent executives b weak national government 4 Response calls for reform a Annapolis Convention b Shays39 Rebellion C Convention Politics examples 1 Basis of Representation Virginia Plan populationbased vs New Jersey Plan statebased 2 Treatment of Slavery 35ths Compromise 3 Executive Power Enumerated Article I vs Implied Powers Article II D Politics of Ratification 1 How many states needed to ratify 2 Who in states does the ratifying E Politics of Preempting Opposition The Bill of Rights Summary The Constitution is a product of the conflicts that shaped politics II Philosophical Sources of the Constitution A Intellectual Roots Classical Liberalism 1 Classical Liberalism39s Goal Protect individual freedom inalienable rights individual equality government protects rights 2 Classical Liberalism39s Implication Government should be Democratic Majority Rule B Paradox Permanent Majorities Democratic majority rule endangers minority rights majority tyranny Kash Federal Government Rules of the Game The Constitution 11 C Solution Three Sets of Modifications 1 Deter permanent majorities Republicanism Representative vs Direct Democracy Indirect election rules Separation of powers Checks and balances Federalism 2 Require more than simple majorities super majorities gt 50 1 votes concurrent majorities multiple majorities 3 Limit government jurisdiction III Federalism national and state government A Definition a political system Within which mutually sovereign governments share authority over the same geographic jurisdiction alternatives unitary and confederal forms B origins of the federal form of government 1 philosophical decentralizes power protects geographic minorities 2 political concession by nationalists to supporters of states39 rights III C Evolution of the Meaning of Federalism 1 National Supremacy McCulloch v Maryland 1819 2 InterpositionNullification mid180039s States39 Rights Doctrine 3 Reasserting National Supremacy 186039s Civil War and 14th amendment 4 Dual Federalism late180039s 193039s 39Layer Cake39 Metaphor 5 Reasserting National Supremacy 39Marble Cake39 Metaphor Dimensions of Aid Forms of Aid Consequences of Aid Fiscal Federalism quotPicket Fence Federalismquot 6 Limiting National Supremacy today Lopez 1995 GunFree Schools Act Brzonkala 2000 Violence Against Women Act Rules of the Game The Constitution IV Characteristics and Biases of the Constitution A High value on protecting individual rights b Status quooriented procedures c Political exibility because it is Amendable Ambiguous Silent on specifics eg bureaucracy parties Rules of the Game Civil Liberties and Civil Rights 1 Civil Rights and Civil Liberties Compared A Civil Liberties freedoms at risk from government Protected by limiting government actions vertical relation B Civil Rights freedoms at risk from other citizens protected through actions taken by government horizontal relation 11 Civil Liberties Overview only examples of important liberties conditional nature of liberty compete With society39s interests A First Amendment Freedoms 1 Free Speech especially political Alien amp Sedition act 1798 Schenck v US 1919 quotclear amp present dangerquot doctrine Abrams v US 1919 quotbad tendencyquot doctrine Brandenberg v Ohio 1969 quot incitement standardquot 2 Freedom of the Press essential to democracy strongly protected against three sources of limitations a Prior Restraint Near v Minnesota 1931 b Libel injury to reputation Sullivan v NY Times 1964 quot actual malicequot c Obscenity not protected but hard to define Miller v California 1973 3 Religious Freedoms two components a No Establishment no of cial church and more Lemon v Kurtzman 1971 3part test b Free Exercise protects beliefs amp actions Religious Freedom Restoration Act 1990 3 B Criminal Suspects39 Protections 1 Search amp Seizure 4th When is warrant needed Expectation of security varies with circumstances eg home vs automobile Exclusionary rule Mapp v Ohio 1961 2 SelfIncrimination 5th When is confession voluntary Miranda v Arizona 1966 read rights 3 Right to Counsel 6th Gideon v Wainwright 1963 C Implied Protections Privacy Griswold v Conn 1965 Abortion Roe v Wade 1973 Assisted Suicide 111 Civil Rights A RaceBased earliest most established 1 Slavery Initially Legal Constitution 12 35ths I9 1808 1V2 escaped slaves Dred Scott 1857 Emancipation Proclamation 1863 only rebelling states 2 Slavery Abolished 13th Amendment Southern states39 Response Black Codes limit property ownership entry into contracts service on juries 3 Discrimination Denied 14th Amendment quotdue processquot and quotequal protectionquot 4 Discrimination Stays Separate but Equal Dual Federalism limits national government Jim Crow laws segregation Plessy v Ferguson 1896 dejure segregation is legal NAACP forms 1909 uses courts to ght Jim Crow 5 Segregation Prohibited separate not equal Truman desegregates military 1948 Brown v Board of Education 1954 Civil Rights movement 1950s1960s 6 Civil Rights Broadly Protected Civil Rights Act of 1964 EEOC Voting Rights Act of 1965 more AfricanAmerican elected of cials 7 Equal Opportunity and Equal Outcomes dejure discrimination illegal but defacto discrimination remains response affirmative action no quotas but no clear standards B SexBased WideSpread Discrimination Voting Occupations Right to vote 19th Amendment 1920 Workplace Equal Pay Act 1963 Education Title IX 1972 Permissible distinctions remain C DisabilityBased Americans with Disabilities Act 1990 jobs public access serious disabilities PS 110 Review Sheet Exam 1 The answers to the following questions should demonstrate your knowledge of the course concepts In general each answer should satisfy the following goals 1 de ne important terms 2 explain why they are important in the context of the book and 3 answer the question Note use examples whenever possible to illustrate your answers Chapter 1 Questions 1 Explain why con ict is inherent in society Con ict is inherent in society for two main reasons First all societies have competition for scarce resources that leads to con icts between citizens This condition is called material scarcity Second citizens have different philosophies which leads to disagreements about how to solve societal problems Because these two conditions exist in all societies they create a situation where con ict is inherent The inescapable nature of con ict leads societies to develop governmental systems to address the con ict 2What makes government authoritative Two things make a government authoritative First the legitimacy of the government must be re ected by its people Legitimacy is the sense of obligation felt by its people Second the government must exert coercion Coercion is the preponderance of force ie military police created by the government to control its people 3How do governments settle con icts Governments make rules to deal with con ict These rules represent value allocations of its people 4Why are government rules seen as biased Government rules are seen as biased because there is no neutrality when dealing with the values and beliefs of many people What is good for some may not be good for others and vice versa 5 Explain what it means to have a political perspective on government 6 In Bush vs Gore what reasons did the US Supreme Court give for not allowing a recount Chapter 2 Questions 1 How did the experience of colonial rule under England affect the founders choice of governments when they wrote the Articles of Confederation 2 What problems under the Articles of Confederation led to the development of the Constitution 3 How did the Founders deal with the problem of how to determine the means of representation in the Constitution 4 What are the differences between enumerated and implied powers Give examples to support your answer 5 What were the implications of Classical Liberal ideology on the design of the US Constitution 6 Explain three ways the founders dealt with the potential problems caused by permanent majorities 7 What were the political and philosophical reasons for adopting federalism 8 Explain how the ideas of interposition and nulli cation help to de ne the state39s lights doctrine 9What are the differences between the layer cake and marble cake interpretations of federalism 10 Explain how quotpicket fence federalismquot helps to explain the relationships between federal state and local governments 11What is majority tyranny and why did the founders want to avoid it 12What did the antifederalists believe in and how did they shape the US constitution 13Why were the Gun Free School Zones Act and the Violence against Women Act ruled unconstitutional and what impact does this have on the definition of Federalism Chapter 4 Questions 1What amendment is associated with the ruling in Miranda v Arizona 1966 2 The light to privacy and the light to abortion are considered implied protections Explain what the term implied means and how it is used by the Court to defme the two lights 3Why are civil liberties described as a vertical relationship 4Explain the three part test that the Supreme Court came up with in its ruling in Lemon V K nrtzman 1971 What rst amendment freedom does this test help to protect 5 How do probable cause and the exclusionary rule help maintain the protections in the 4th amendment 6 Why did the founders think it was important to protect the freedom of the press in the Constitution 7What is meant by the term original intent 8 What are libel laws and what amendment helps to protect citizens from charges of libel Chapter 5 Questions 1 How did the Supreme Court Ruling in Plessy v Ferguson 1896 justify the practice of segregation 2 In what ways did the founders address the issue of race in the Constitution 3What protections are provided citizens under the 14th Amendment 4What are the differences between dejure and defacto segregation use examples from the book to support your answer 5How has the US government tried to solve the problem of defacto segregation 6 Why do the solutions to defacto segregation generate potential problems under the 14 11 amendment 7 Why are civil rights considered a horizontal relationship 8 What amendment gave women the light to vote in the United States 9 What is civil disobedience and why would a person or group choose to use it 10 What is the importance of the Voting Rights Act of 1965
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