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Am Natl Govt

by: Keira Schimmel

Am Natl Govt POLS 205

Keira Schimmel
Harding University
GPA 3.96

Lori Klein

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Lori Klein
Class Notes
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This 14 page Class Notes was uploaded by Keira Schimmel on Monday October 12, 2015. The Class Notes belongs to POLS 205 at Harding University taught by Lori Klein in Fall. Since its upload, it has received 29 views. For similar materials see /class/222129/pols-205-harding-university in Political Science at Harding University.

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Date Created: 10/12/15
Key Concepts for POLS 205 Politics Power and Our Constitution Politics Power Government Resolving Con icts Providing Public Services Setting Goals for Public Policies Preserving Culture What IS the Nature of Man A representative democracy in the form of a Democratic Republic Direct Democracy Representative Democracy Confederation Federal system Unitary Nation State Core American Beliefs Democracy Equality Individual liberty Private property Capitalism Nationalism and exceptionalism Worst form of Government except for all the others The Constitution Articles of Confederacy The Constitutional Convention Seven Original Articles Ten Amendments form the Bill of Rights The remaining Seventeen Amendments Efficiency vs Liberty and Equality About Limiting Government Four Constitutional Principles Separation of Powers and Checks and Balances Federalism Judicial Review A Limited Government with a Living Document Four Constitutional Principles Separation of Powers and Checks and Balances Three Branches of Government Three Legged Stool Checks and Balances Bicameralism The Cup and the Saucer If Angels Governed Angels Federalism Federalist and Antifederalists The Federalist dessert tray Imperium in Imperio Compromise Connecticut Compromise House Members apportioned by Population two Senators per state 351h compromise Supremacy Reserved Powers Devolution Fiscal Federalism Case study 7 I can t drive 55 Judicial Review Three Types of Law Constitutional Statutory Judge Made Common Law Case Law Precedent Stare Decisis Unconstitutional Judicial Restraint Judicial Activism Arbiter or Advocate Justice John Marshall Marshall has made his decision Dred Scott and the double edged sword of judicial activism Strict Construction and Originalists A Limited Government with a Living Document Blue print for the protection of Liberty Limited Government Oh no you can t Constitutions are inherently conservative The Constitution needed more BORAntifederalists compromise The Bill of Rights Ways we change the constitution amendment judicial interpretation legislation custom The direct method The amendatory process Rati cation 23 of Congress and 34 of state legislatures 21st and state conventions 27Lh from 1791 to 1992 Why it lives Brief kinda vague and exible Cases Marbury V Madison 1803 McCullough vs Maryland 1819 Gibbons vs Ogden 1824 Dred Scott v Sandford 1857 Presidential Power and Politics Article 11 Between the Georges Who are these men Overall trend line expansion of presidential power Lincoln Eisenhower and Buchanan style presidents Rules and Roles and Hats Expansive power The Imperial Presidency Constitutional Provisions Article II 7 The Executive Branch Quali cations Thirty ve years of age Fourteen years a resident A naturalbom citizen Constitutional Powers The Pardon Power The Power to Propose The Power to Veto Article 1 Section 7 3 The Take Care Clause Article II Section 3 The Appointment Power Treaty Making and Foreign Affairs Commander in Chief Inherent and Expressed Powers Take Care Clause Other Powers Persuasion and the Bully Pulpit Often Cited as Most Signi cant Power of Presidency Prestige of Office Personal Popularity Party Leadership Powers Delegated by Congress Presidential Hats Looking for Moses Perceived vs Actual powers Disappointment Presidential Moses Chief of State Chief Diplomat Chief Legislator Chief Executive Commander in Chief Party Leader Democratic PriestKing Persuader in Chief The Executive Office of the Presidency Created by Roosevelt in 1935 EOP Big Three White House Staff Office of Management and Budget National Security Council Webmasters and Gatekeepers The Cabinet Agencies Originally War Treasury State and Attorney General Now 15 Agency Heads and the VicePresident plus whoever the President accords Cabinet level status Executive agencies Governmental Corporations Regulatory Commissions The Creation of the Department of Homeland Security The Vice President A Pitcher of Warm Spit More recent levels of involvement The First Lady An incredible gamut of experiences and roles The Bureaucracy Private Sector Public Sector Civil Service Patronage Merit The Pendleton act of 1883 Pyramids and Paper Bureaucracy 7 NOT just government The Classic Bureaucratic Shape MaX Weber s Bureaucratic Ideal Bureaucratic Characteristics An internal division of labor Specialization of work performed A vertical hierarchy or chain of command Well designed routines for carrying out operating tasks Reliance on precedents in resolving problems and a clear set of rules Spheres and Cycles Wilson s Politics Administration Dichotomy Separate Spheres Very little overlap The Continuing Policy Cycle Policy Development Program Operation Evaluation and Feedback Presidential Power vs the Entrenched Bureaucracy Delegated Authority Agency Rulemaking and Adjudication In ltrating the Iron Triangle The Legislative Branch Article I Legislative Powers Makes legislation Appropriates funds to carry out laws May declare war Proposes amendments to Constitution Impeaches the President Regulates conduct of legislators Approves Appointments Rati es treaties Title Quali cations and Terms House Representative or Congressman or Congresswoman 25 years old Citizen for 7 years Resident of their state 2 year terms Senate Senator 30 years old Citizen for 9 years Resident of their state 6 year terms Representative or Statesman The Delegate Trustee Question Bicameralism The Cup and the Saucer Differences between the Two Houses Leadership and Organization How a Bill becomes a LAW 20000 bills led Committees Where the Work is Done Big Three House Rules Ways and Means Appropriations Big Three Senate Appropriations Finance Foreign Relations The Floor Filibusters Senate Only Rule 22 Staff Committee Staff and Personal Staff 35000 staffpeople organize hearings negotiate research speak with voters and promote legislation Elected staff Clerk Sergeant at Arms Chaplain Executive Legislative Tension Party Leadership Seniority Caucus Majority and Minority Party Congressional Powers Money Appropriations Authority AND Cash Pork Deficits Debt Advise and Consent Art II Sec 2 2 Con rms or rejects Nominees Ratifies or rejects Treaties Part of Checks and Balances Oversight and Investigation Impeachment House Prosecutes Senate Hears the Case Jackson and Clinton Nixon Resigned before Impeachment War Powers Apportionment District lines States draw House Districts Malapportionment and Reapportionment Gerrymander Baker vs Carr The Power of Incumbency Case Study Campaign Finance Reform The Judicial Branch Article 111 Three Types of Law Constitutional Statutory Judge Made Common Law Case Law Federal Courts Supreme Court District Court of Appeals Federal Circuit Courts Relative Caseloads 694 District Court Judges dispose of approximately 260000 cases annually 179 Court of Appeals Judges dispose of 55000 approximately cases annually 9 Supreme Court Justices hear about 100 cases each Session The Supremes Song To the Tune of Jesus Loves Me Thanks to Dr Jack Shock Breyer Ginsburg Kennedy Alito Roberts he s the chief Scalia Souter spelled ou Stevens Thomas that s our crew Supreme Court Justices X3 they wear black robes for YOU Supreme History John Marshall found the Constitution paper and made it power Garfield Marshall Cases Dred Scott 1857 Overturns an Act of Congress and sets the stage for WAR Roosevelt and the Court Packing Plan 193738 Jurisdiction Writ of Certiorari Standing Federal Cases Federal Question US Constitution Civil rights Treaty Federal law DiVersity of Citizenship Parties of a lawsuit are from different states US citizen and a foreign entity Rare Decisions Af rm Reverse Remand Opinions Unanimous Majority Concurring Dissenting Per Curium Workload Term begins the First Monday in October Generally done by June or early July 8000 petitions led per term plus 1200 other applications About 100 cases actually heard each session Nominations Litmus test Borking Senatorial Courtesy Top Supreme Court Cases Marshall Court Marbury V Madison 1803 McCulloch V Maryland 1819 Gibbons V Ogden 1824 Dred Scott V Sanford 1857 Plessy V Ferguson 1896 Warren Court Mapp V Ohio 1961 Baker V Carr 1962 Brown V Board of Education 1954 Gideon V Wainwright 1964 Miranda V Arizona 1966 Burger Court Roe V Wade 1973 Nixon V US 1974 UC V Bakke 1978 Rehnquist Court Bush V Gore Judicial ActiVism Role of Judge Arbiter or AdVocate Role of Judiciary ActiVism or Restraint Unconstitutional or OVertumed Federal Laws OVertumed About 200 Judicial Rulings NOT held to as Precedent 140 cases since 1810 State Laws OVertumed More than 1100 Article 6 was directed at assuring that STATES didn t do anything that con icted with the supreme national law Limits on the Court No initiative The Court must wait for someone with standing to bring suit No Army How exactly does the Court ENFORCE its decisions They won t do Political Questions really they won t honest hardly ever Checks and Balances Impeachment AppointmentsCon rmations Judicial Structure Number of Judges 152 new judgeships in 1979 Really speci c legislation 7 no room for interpretation Constitutional Amendments 1113141626 Restricting Jurisdiction True Constitutional Questions are rare Sources of Strength Enormous Prestige More than half have a great deal or quite a lot of con dence in the Court The guardians of the Constitution Our Fragmented Constitutional Structure Creates the need for an umpire A HUGE Constituency 7 Lawyers Washington Lawyers 1972 7 11000 1994 7 63000 Democracy Voting and the Constitution Original Provisions Amendments What s NOT there Parties Campaign Finance The Role of the Media except that it shall be freely exercised Democratic Weirdness The Party System Political Parties Interest Groups The Primary System Caucuses Primaries Conventions Debates What may kill the political party The Electoral College You are actually voting for an elector NOT a Presidential Candidate Each State gets electoral votes equal to the number of Senators 2 plus its number of House members proportionate to the population Courtesy of the 23rd Amendment DC gets 3 electors Every state except Maine and Nebraska has a winner take all system There are 538 electors you need 270 to win Elections Voters Political Socialization Family Education Religion General Demographics A new source for news Who does vote who don t Polls Lies dang lies statistics A Good Poll Random Sample Representative Sample Unbiased Questions Unbiased Methodology Timely Dewey Defeats Truman The poll was a week old Reagan s November Surprise Lots of Undecideds Re ective of Reality A good sample Randomness and Representativeness Good Methodology Margin of Error Confidence Level Sample Size Likely Voters and Undecideds Push Polls Election Reforms Progressive Reforms Motor Voter Help America Vote Act HAVA Voting Troubles Fraud Intimidation Voting Trends Vote by Mail Early Voting Evoting Increased Participation Campaign Finance ACs Leadership Fund PACs McCain Feingold Soft Money Hard Money 527 s Under Pressure Lobbvists Interest Groups and The Media Lobbyists 14000 Lobbying Techniques Direct and indirect Lobbying Grass Roots efforts Lobbyist Registration The Iron Triangle Lobbyists Congressional Committees and Bureaucratic Personnel The Revolving Door Syndrome Interest Groups and PACs Alexis de Tocqueville 1805759 A nation of joiners Forming Associations Interest Groups Link citizens to government by organizing citizens with similar viewpoints on a speci c policy area and presenting these views to government official not necessarily elected Money is the Mother s Milk of Politics thus Political Action Committees Organizations set up by private groups to in uence the political process by raising funds from their members The Law of Unintended Consequences 70 s reform yields an explosion of PACs Types of PACs Leadership PACs The New Kid 527 s An organization that is created to receive and disburse funds to in uence or attempt to in uence the nomination election appointment or defeat of candidates for public office What Kind of Bridge The Media 43911 Estate 43911 Branch of Government The Marketplace of Ideas The Media Menu News Reports Entertainment Advertising News The Role ofthe Press Gatekeeper Scorekeeper Watch Dog Problems With the Press Sensationalism If it bleeds it leads if it burns it turns heads Selectivity What s News What Isn t Agenda Setting Surreptitious bias Everyone has a point of view I d rather listen to someone who recognizes that they have a bias Unfortunately that s rare Entertainment Redef1ning Normal Advertising Most of the pro ts in the media industry come from Advertising 60 of Presidential campaign funds are spent on advertising 30 Seconds of Superbowl airtime is just under 2 million bucks Interbreeding Infotainment and Product Placement Press Secretary Recent Trends Paperless Magazines Online subscriptions Embedded Reporters BLOGs Civil Rights and Civil Liberties Protecting Us From Our Government and From Each Other The Worth of One Individual Soul Civil Liberties Protect people from government and by extension the will of the mob or majority A positive obligation of government things it must provide or Restraining the govemment s actions against individuals Also expressed in terms of rights right to assemble right to trial by jury right to counsel Civil Rights Protect people from people Guards groups against discrimination by other groups or individuals or corporations Rooted in the 14th amendment s guarantee of equal protection under the law Original Constitutional Rights Habeas Corpus No Bill of Attainder No ExPost Facto The Bill of Rights On September 25 1789 Congress transmitted to the state legislatures twelve proposed amendments two of which having to do with Congressional representation and Congressional pay were not adopted The remaining ten amendments became the Bill of Rights First Amendment Freedom of Religion Separation of Church and State Not an explicit Constitutional concept Jefferson s letter to the Danbury Baptists Freedom of Expression Free Speech Free Press Freedom of Assembly Balancing liberty and protection Freedom to Petition for Redress Second Amendment The Right to Bear Arms Questions Roosevelt s Four Freedoms Freedom of speech and expression Freedom of every person to Worship God in his own way Freedom from want Freedom from fear Civil Liberties and Criminal Justice 7 The Rights of the Accused Fourth Fifth Sixth and Eighth Amendments Fourth Search and Seizure Warrants Stop and Frisk Plain Sight Fifth Grand Jury Indictment Required Must have sufficient evidence to warrant a trial No Double Jeopardy but related offences different levels of government and civil cases are OK No Self Incrimination Due Process guaranteed No Taking of Private Property for Public Purposes without just compensation Eminent domain The Right to Remain Silent Miranda vs Arizona 1966 Self incrimination Due Process of Law Sixth Speedy public trial Impartial Jury Informed of the nature of the charges against you Confront witnesses compel witnesses Assistance of Counsel 1790 Federal Crimes Act provided counsel for capital crimes Gideon vs Wainwright 1963 14th amendment s equal protection guarantee extended this right to state court cases incorporation Eighth Cruel and Unusual Excessive Bail Expanding on the Bill of Rights Incorporation Strange Math 14 X 2 57 years 5 10 or more The Doctrine of Incorporation Partial Incorporation Does the Bill of Rights apply to the states Privacy The Right to Privacy is not an explicit constitutional term it is inferred Griswold v Connecticut 1965 More strange math Justice Douglas lst 3rd 4th 5th and 9th creates penumbras formed by emanations from those guarantees that give them life and substance Ever expanding Civil Rights Protecting Ourselves from Ourselves Civil Rights Cases Plessy vs Ferguson 1896 Upheld the 1890 Louisiana statute called the quotSeparate Car Actquot which stated quotthat all railway companies carrying passengers in their coaches in this state shall provide equal but separate accommodations for the white and colored races Brown vs The Board of Education of Topeka Kansas 1954 quotWe conclude that the doctrine of 39separate but equal has no place Separate educational facilities are inherently unequalquot iChief Justice Earl Warren Civil Rights Legislation and Amendments Civil Rights Act of 1964 Based on the Commerce Clause Aimed to eliminate discrimination based on race ethnicity gender or religion Amendment 24 1964 No poll taxes Voting Rights Act of 1965 No literacy tests no grandfather clauses Civil Rights Act of 1968 Forbade discrimination in housing The Equal Rights For Women 19th Amendment 1920 Votes for Women 1923 Equal Rights Amendment proposed 1963 Pay Equity Law 1964 Title VII of the Civil Rights Act aims to eliminate gender discrimination 1972 7 Title IX of Education Act prohibits sex discrimination 7 funding for women s sports 1973 Congress approves Equal Rights Amendment ERA for submission for ratification The ERA is never ratified despite an extension of time However incorporation of equal rights under the 14th amendment now make the ERA seem less necessary Elitism Egalitarianism and Pluralism Elitism Caste or Class Elitism Born Better Modern Elitism Some people are better than others either by birth by choice by effort or by nature Egalitarianism Colonial Egalitarianism Self evident All men are created equal White land owning males We have an equal say and as Christians equal value but not necessarily equal gifts or skills A more modern interpretation Everyone is can be or should be equal Pluralism A GROUP theory of democracy Society contains many con icting groups with access to government officials and these groups compete with one another to in uence policy decisions The compromises that result become public policy Key Concepts of Pluralism Fragmentation of Power Opposing pressures Dukeing it out in the marketplace of ideas Bargaining Horsetrading Groups must bargain with each other to obtain their goals Compromise Accommodation Half a loaf IS better Consensus Agreement majority acceptance of foundational values and speci c policy choices Elite Theory Society is dominated by uni ed and nonrepresentative leaders called the power elite Elites secure the important decision making positions while encouraging powerlessness below Society is held together not by widespread agreement but by force and control the only consensus that eXists American Elitism We all have the potential to become elites Hyperpluralism Conspiracy Theories A compromise or two Plural Elitism The Wrought Iron Fence National Elites and Local Pluralists Central Question What is the nature of man What you believe informs how you create a government What you believe informs how you view government What do you believe


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