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Quizlet:

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Quizlet:

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1. Limited Government:

Democratic societies advocate for limited government, rooted in Enlightenment ideals.

Enlightenment philosophers, like John Locke and Thomas Hobbes, contributed to the concept of limited government.

2. Enlightenment Ideals:

The video discusses Enlightenment ideals that influenced the Founding Fathers, including natural rights, popular sovereignty, social contract, and republicanism.

Jean-Jacques Rousseau's idea of popular sovereignty suggests that governmental authority originates from the consent of the governed.

3. Declaration of Independence:

The Declaration reflects Enlightenment principles. It asserts that all individuals are endowed with certain unalienable rights by their creator.

the Declaration emphasizes the concept of a social contract and popular sovereignty.

4. Constitution:

The Constitution was also influenced by Enlightenment ideals.

The Constitution contains the idea of separation of powers inspired by Montesquieu's theories, dividing governmental authority among three branches—executive, legislative, and judicial.

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1. Participatory Democracy:

Emphasizes broad participation in politics and civil society, advocating for direct citizen involvement in decision-making.

While the Founding Fathers didn't favor this model due to concerns about practicality and governance complexity, participatory democracy is evident in local politics and initiatives like town hall meetings and the initiative and referendum system.

2. Elite Democracy:

Elite democracy limits participation to a few well-educated and informed individuals deemed qualified to govern on behalf of the people.

Examples include the presidential appointment of judges to the Supreme Court and the electoral college system for electing the president, which involve limited participation by designated elites.

3. Pluralist Democracy:

Pluralist democracy involves group-based activism by non-governmental interests, such as interest groups or states, which work to influence political decision-making.

Interest groups amplify the voices of individual citizens by advocating for specific causes or demographics, influencing legislators to pass favorable laws.

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1.3- Declaration of Independence (foundational doc)

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1.3- Declaration of Independence (foundational doc)

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1. Introduction to the Declaration of Independence:

It consists of three sections: a preamble, a list of grievances against King George III, and a resolution for independence. Thomas Jefferson is the author.

2. Preamble Emphasizing Enlightenment Ideals:

The focus lies primarily on the preamble due to its emphasis on Enlightenment principles. It serves as a justification for the American colonists' decision to break away from Britain.

Jefferson's famous words "We hold these truths to be self-evident..." reflect natural rights theory, notably advocated by Enlightenment thinker John Locke. Jefferson asserts that individuals possess inherent rights granted by their creator, not by governments.

3. Enlightenment Ideals in the Declaration:

The assertion of natural rights, including life, liberty, and the pursuit of happiness, aligns with Locke's philosophy and other Enlightenment thinkers' views.

The concept of government's role in protecting these natural rights, deriving its power from the consent of the governed, reflects Rousseau's ideas of popular sovereignty and the social contract.

4. Right to Revolution:

The Declaration asserts that if a government fails to protect citizens' natural rights, the people have the right to alter or abolish it and establish a new government. This underscores the revolutionary nature of the document and the colonists' willingness to challenge tyranny.

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1. Background:

Written as part of the Federalist Papers to convince people to ratify the Constitution.

How will the new constitution protect the liberty of the citizens against the tyranny of the majority?

Written by Madison.

2. About:

FACTIONS: they are a threat to liberty.

Proposes two possible solutions to protect against the danger of factions:

Stop factions from ever forming (bad option! -- destroys liberty).

Let them form but limit their power (and do this through a republican-style government).

3. Republican-style govt:

The LARGE REPUBLIC makes it so that:

Factions will be diluted by the large population.

Competition among factions will lead to compromise.

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Background:

In contrast to Federalist 10 and against the ratification of the Constitution.

Anti-Federalist Papers.

Is a confederate government the best for the United States? (States had all the power and central government had little -- under Articles of Confederation).

About/Ideas:

Argued that a confederacy (SMALL REPUBLIC) would be better than the republic that the Constitution would establish.

The Necessary and Proper Clause and Supremacy Clause further exacerbated Brutus's fears (makes federal law > state law).

Too much power, bad for state governments.

Example: How could you collect taxes for each separately?

Example: How would you regulate courts?

Example: The nation is so large, how would you regulate/represent a large republic?

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Fed 10 and Brutus 1:

Majority rule vs minority rights!!!

Discussion between how the government should be run with ratifying the Constitution.

Groups: Feds vs anti-feds. (Explained in foundational docs).

Had papers' arguments over liberty being based on centralized or state power for the government.

In addition to Brutus 1 was the letters from the Federal Farmer that argued the same thing.

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1.7- Challenges: Articles of Confederation 

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1.7- Challenges: Articles of Confederation 

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What were the Articles?

(Explained in 1.8).

First constitution after declaration on ind.

State government had all the power

Weaknesses:

Federal government only had one branch.

All 13 states had to agree to amend.

Congress couldn't raise taxes.

No national currency.

Congress couldn't raise an army.

Shays' Rebellion.

Upset farmers in debt and not paid for service.

Gave no relief so stated a rebellion and raided a militia.

State militia took them down pretty easily.

*** Showed the need for a national army.

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1.8- Articles of Confederation (foundational doc)

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1.8- Articles of Confederation (foundational doc)

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Background:

First constitution, created the first government.

Needed it to do business with other states/counties.

Created a confederation, united multiple powers (the 13 states).

Weaknesses (detailed in 1.7*):

One branch, one vote (equal rep based on population), restricted power of central govt, no national govt only state militias, congress can do very few things, 9/13 to declare war, amend with 13/13 votes.

"Each state retains its sovereignty".

Problems led to the Constitutional Convention to eventually draft a new constitution.

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Constitutional (Philadelphia) Convention:

Originally to amend articles but decided to just rewrite the entire thing.

Compromises:

Great Compromise: Over representation in congress.

Virginia Plan: Apportions by populations (duh Virginia was a big state).

New Jersey Plan: Each state gets one vote (figured NJ was small).

Took both of those ideas and combined them.

Solution: BICAMERAL LEGISLATURE: Congress with two houses.

House of Representatives: By populations.

Senate: Equal, 2 senators each.

Presidential elections debate:

Some thought should be elected by the people others thought it should be by state legislatures and others thought Congress should.

Solution: ELECTORAL COLLEGE.

Each state is given the same number of electors as they have representatives in Congress, and it is the electors who put the president in office.

3/5ths compromise:

How to count slaves for population in the House of Representatives.

Southerners delegations threatened to leave the convention over this issue.

Solution: COUNT 3/5THS for both representation and taxation.

Debate over importation of slaves:

Some thought it should be abolished others didn't.

Solution: WAIT 20 YEARS, slave trade won't be touched and then after that, it would be abolished. (It was in 1808).

Amending the articles:

Needs to be easily possible.

Proposal and ratification:

Either Congress or special State conventions can propose an amendment.

A 2/3 vote is needed to pass the amendment to the next stage.

Proposed amendment must be ratified or accepted by 3/4ths of the states.

Now have 27 amendments.

Bill of Rights:

Helped get the anti-feds to ratify the constitution.

Where we still see this debate today (not confined to a moment of time):

Government surveillance.

9/11 and the USA Patriot Act and tapping phones and emails.

Violated privacy.

Education.

No Child Left Behind Act, must meet criteria to get funding.

Many thought it represented too much federal overreach within state power.

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Background:

Before, the Articles provided power solely to the states, with only the legislative branch.

Established a Republican-style government, not a confederacy like the Articles.

Articles and Topics:

Preamble

Article I: Legislative Branch (longest section for "Most Important Branch")

Bicameral legislature

Section 8: Enumerated powers of Congress (taxes, borrow money, declare war, etc.)

Necessary and Proper Clause!!! = Enumerated powers (very different from Articles)

Article II: Executive Branch

Method of electing president with Electoral College

Section 2: President is commander-in-chief

Section 3: "Makes sure laws are faithfully executed"

Establishes presidential signature for a bill to become a law

Article III: Judicial Branch

Established Supreme Court, gives Congress the power to create more (did later with the Judiciary Act of 1789)

Has original and appellate jurisdiction

Article IV: State Relations

The federal government's relationships to the states and the relationships of states themselves

Article V: Amendment Process

Proposal and ratifications

Proposed by 2/3 in both houses or 2/3 of state legislatures ---and 3/4ths of states need to agree to ratify

Have 27 amendments

Article VI: National Supremacy

Supremacy Clause: Constitution is the supreme law of the land

Article VII: Ratification Process

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Separation of Powers and Checks and Balances: No one branch of government gets sole authority.

Legislative: Two houses = Congress.

Checks executive branch with advice and consent (Senate must vote to approve appointments).

Impeach president.

Executive Branch: President and bureaucracy.

President can veto bills (can override with a 2/3 vote).

Judicial: Supreme Court.

Judicial review - declare laws unconstitutional.

Federalist 51: Checks and balances to control abuses, each branch must work independently, but keep other branches in their lane -- danger of too much power in one branch.

Stakeholders and Access Points:

People are stakeholders.

Legislative Branch: Interest groups and lobbyists meet with representatives.

Executive Branch: Access to bureaucratic agencies and file a complaint.

Judicial Branch: Challenge unjust laws or appeal unjust convictions.

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SEPERTAION OF POWER

Written by Madison

Human need a govt to protect the liberties of the people without the govt infringing on the peoples liberties.

solution= separation of powers and checks and balances

interior checks to keep in the places

each branch needs and independent powers

congress is divided into a bicameral legislatures as a check

power is divided by the branches and also divided the the national and state govt (federalism!)

also still talks about dangers of factions applying to separation of powers

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1.13- Federalism: Relationship between state and federal govt. 

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1.13- Federalism: Relationship between state and federal govt. 

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SHARING of power between national and state govt= FEDERALISM (not power of fed govt)

exclusive powers: powers by constitution to the federal govt alone

reserved powers: powers kept by the states (10TH AMD)

concurrent powers: state and national powers shared (ex: taxes)

Fiscal Federalism: congress establishes national standards direct their funds only to states that comply --> in the form of grants

Categorical grant: STRINGS ATTACHED-- gives money if compliant with federal standards

ex: education w LBJ and the civil rights acts with segregation schools integrations

block grants: NO STRINGS ATTCHED-- fed govts gives money to be spend inn a broad category and states choose where the money goes (lot of power)

Mandates: Govt gives money towards carrying out of required mandates

ex: clean air act standards gives money to implement mandate

Unfunded mandate: sets the mandate but gives no funds

ex: no child left behind act

unfunded mandate reform act: restricts it

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1.14- McColloch v. Maryland (Required CC) 

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1.14- McColloch v. Maryland (Required CC) 

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NESSACARY AND PROPER CLAUSE AND SUPREMACY CLAUSE

federal bank tired to establish a branch in Maryland

law made to make un uncharted Maryland bank have a crazy expective tax

federal bank said unjust and goes to court

Maryland argues establishment of bank was unconstitutional because its not in article one section 8

McColloch argues necessary and proper clause

DECISON: BANK WAS CONSTITUTIONAL because of necessary and proper clause--> national >>>state.

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Facts:

Lopez carried gun to school and lopez was arrested under a state law

next day state charges were dropped because there was also a federal law against guns in school zones

the next day Lopez was found guilty of violating the federal law

fed govt used commerce clause to give fed govt the power to regulate guns with the act (a state power normally)

US argues guns are related to commerce clause so act it constitutional

Lopez argues that gun regulations is reserved to the states and that congress had no power to pass the act regulating it

DECSION: Sided with Lopez, congress can't use the commerce clause for everything.

Case about balance of federalism

STATE power>>>>> fed power

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Ballance of state and federal power:

10th amd.- reserved powers for states

14th amd: applies the boll of rights to all the states to protected citizens who faced racial discrimination

article 1 sec 8- Commerce clause: congress can regulate interstate commerce

Necessary and proper clause: powers to make all laws necessary and proper

article 4- Full faith and credit clause: each state must respect the others laws

McCulloh v Maryland: used necessary and proper clause and supremacy clause (NATIONAL POWER)

US v Lopez: Commerce clause (weak) (STATE POWER)

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application:

Environmental regulations

Paris agreement

Obama enters it w execute order

more regulations on states

Trump left the Paris agreement

Legalization of Marijuana

is illegal federally but can be used and legalized in states

not enforcing laws in states

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1. Structure:

Senate:

1. The Senate is composed of two senators from each state, representing the entire state and therefore less connected to individual constituents. Senators serve six-year terms, providing insulation from public pressure and allowing for more long-term decision-making. Senators must be at least 30 years old.

House:

1. In contrast, the House of Representatives is based on the population of each state, with districts reapportioned after each census. This makes representatives more connected to their constituents, as they only represent a specific district. Representatives serve two-year terms, making them more responsive to the needs and desires of the people they represent, and must be at least 25 years old.

2. Less likely to form bipartisan coalitions in order to pursue various legislative goals

2. Purpose:

The purpose of the legislative branch is to pass laws, and for a bill to become law, both the House and Senate must pass identical versions of it, which the president then signs. The Senate allows for unlimited debate due to its small size, leading to a more relaxed and informal process, while the House has rules limiting debate to one hour per member, resulting in a more structured and governed process.

3. Article 1, Section 8

Enumerated powers

1. Pass a federal budget

2. Tax (raise revenue)

3. Coin money

4. Declare war

5. Raise and maintain armed forces

Implied powers

1. The necessary and proper clause allows Congress to carry out any law necessary to the carrying out of the enumerated powers

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1. House Leadership:

The Speaker of the House plays a pivotal role, being elected by House members and therefore from the majority party. makes committee assignments, recognizing members to speak, and is mentioned in the constitution.

Both the Majority and Minority Leaders in the House guide their party members on policy making and lead debates on important issues. The Majority and Minority Whips are tasked with maintaining party discipline.

2. Senate leadership:

The President of the Senate=Vice President of the, presides over the Senate. The President pro tempore, elected by Senate members and therefore from the majority party, takes over when the Vice President is not present.

the Majority Leader in the Senate sets the legislative agenda and determines which bills reach the floor for debate.

3. Committees (small groups)

Standing committees are always present and deal with ongoing issues.

Joint committees include members from both houses

select committees are temporary and formed for specific purposes. Conference committees work to resolve differences in bills.

4. Rules

The House Rules Committee plays a crucial role in allowing bills to be debated and assigning them to committees. The Committee of the Whole relaxes rules for debate efficiency, while a discharge petition can bring a bill out of a reluctant committee. In the Senate, filibusters can be used to stall or kill a bill, but can be stopped by a three-fifths vote through the cloture rule.

Unanimous consent

1. All senators agree to restrict certain privileges for efficiency

5. Legislative Process

Understanding how a bill becomes a law involves sponsorship, review in committee, floor debate, passage in both houses, and finally approval by the President. The federal budget is also a key aspect, with mandatory spending dictated by law and discretionary spending making up the rest, leading to potential spending deficits if expenditures exceed revenues.

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Impacts on congress and lawmaking:

ideological divisions

liberal v conservatives, and politization creates gridlock

important to be a part of the same party to pass anything

divided govt: slows things down

models of representation:

delegate model: will of the people

trustee: own conscience

politico: combo of both

redistricting

baker v carr:

rural votes had more voting power and the violated the 14th amd equal protection clause, "one person one vote"

gerrymandering

Shaw v Reno

no racial gerrymandering-- unconstitutional

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Facts:

Tennessee hadn't redrawn districts and rural voters had much more voting power

14th amendment equal protection clause: DISTICTS weren't EQUAL

outcome:

Issuers of reapportionment were justiciable (capable of settlement by judicial branch)

Supreme court did have the authority to rule on questions of legislative reapportionment

established "one person one vote"

many states had to redraw their districts after this

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Quizlet:

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facts:

NC had no black representatives even though 20% of their population was black, so drew a 2 gerrymandered districts

EQUAL PROTECTION clause 14th

Shaw argues it violated, reno argued it was not violated

colorblind interpretation of constitution

outcome:

ruled against reno and justice department

districts drawn based of race were unconstitutional***because it set a dangerous precedent

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2.6- The roles and powers of the president

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2.6- The roles and powers of the president

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Implementing a policy agenda:

Formal powers; explicitly given in constitution (article II)

veto bills

pocket veto: not signed within last 10 days

Commander and chief: foreign policy

Informal powers: not listed in constitution

bargaining and persuasion on people and congress

executive order: like a law connected with bureaucracy

signing statement: how president interprets a law and plans to execute it (often differs from congresses interpretation)

executive agreements: agreement between president and another head of state, informal treaty (ex: Paris agreement)

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--> relationship between President and the senate

Senate has advice and consent and the power to approve/deny presidential appointments

President can appoint: ambassadors, white house staff (NO SENATE APPROVAL), cabinet, federal courts (HIGH STAKES, getting Borked)

If the senate ties VP breaks it

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How presidents interpret use of formal and informal powers:

overtime presidents use more and more of this power

Federalist 70: energetic executive is necessary

Many presidents had different opinions on the understanding of executive power, differences in the number of vetoes

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justifying the need for a single executive

ENERGETIC EXECUTIVE

Unity- more executives the less power to carry out demands, bad in an emergency-decisiveness

Responsibility- conceals faults and destroys responsibility

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BULLY PULPIT- presidents speaks to the nation

state of the union: "required from time to time"

Changes with tech and the president:

Fireside chats: FDR- radio

Television

-----filtered

Social Media-------unfiltered and fast

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Structure of courts:

supreme court (SCOTUS)

article III established it

appointed by president, confirmed by senate

has original and appellate jurisdiction (majority=appeals)

12 justices

Court of appeals

13 total

judiciary act of 1789 established it

appellate jurisdiction

3 judges and no jury

district courts

94 total

Original jurisdiction

1 judge and jury

Judicial review: power of supreme court

federalist 78: argues independence of judicial branch protects it, lifetime appts help insulate form political pressure, exercise JUDICAL REVIEW

Marbury v Madison: established precedent of judicial review.

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Judicial branch:

LIFETIME TENTURE are a necessity to keep court independent of will

JUDICAL REVIEW argues it should give it power it check on legislature, doesn't make it more powerful

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JUDICAL REVIEW!!!!

facts:

Adams packed the federal judiciary full of judges who who likely frustrate the recently Jeffersons's policy agenda, Madison did not commission these judges and Marbury (one of them) sued

outcome:

prior the supreme court only had original jurisdiction

Marbury won, had legal right to commission, so he can use writ of mandamus for commission, HOWEVER, The supreme court doesn't have the authority to grant a writ of mandamus--> --> --> said it conflicted with article III of the constitution ---> article 3 of the judiciary act is unconstitutional and therefore NULL AND VOID

Makes Judicial final interpreter of laws and constitutional

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2.14- Legitimacy of the Judicial branch 

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2.14- Legitimacy of the Judicial branch 

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the courts power of judicial review protects the liberty of the people.

Role of PRECIDENT

similar cases based on president and stare decisis: let the decision stand

sometimes they can be overturned

some facts include strict/loose constructionists

ideological makeup of the court

Burger court: more liberal

Roe v wade

US v Nixon

Rehnquist court: more conservative

planned parenthood v Casey

DC v Heller

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2.15- Supreme court in action and how it can be checked

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2.15- Supreme court in action and how it can be checked

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judicial activism: if a court is an activist court that means it acts to establish policy and then it's deliberative work, considers the broad effects of a decision on society

establish the ideological will of the majority and that's not a conservative or a liberal thing justice of both ideologies have been accused of judicial activism

Ex:

Warren court: brown v board

Roberts court: citizens united v FEC

judicial restraint:  justices who adhere to this idea believe that judges are not appointed to make policy like that's the job of the legislature therefore a law should be struck down not inconsideration of its effects on society but only to the degree that it violates the actual written word of the Constitution

huge emphasis on president and the principle of stare decisis

Controversial cases:

Dred scott v sandford

Korematsu v US

Roe v wade

How other branches check court

1. Legilates pass laws to modify the impact of past decisions

2. Constitutional amendments

3. Legislation that impacts courts jurisdiction, alter appellate jurisdiction

4. Pres: judicial appts

5. Pres: not enforcing the decision

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millions of people employed to carry out the responsibilities of the federal govt

under authority of the executive branch

Structure:

cabinet departments (15)

ex: dept. or defense, dept. of edu

Agencies

work together to accomplish the goals of the department

independent regulatory commissions

created for specific purpose of regulating some aspect of society

govt corporations

mix of govt agency and private business

offers service to public but free market is the best way to do it

what they do:

write and enforce regulations

issue fines for non-compliance (compliance monitoring)

interact with congress and interest groups (iron triangle!!)

more prevalent today: issue networks!!

SPOILS system: not qualified ---> called for civil service reform and crated the Pendleton civil service act and the MERIT system (qualified people, increased effectiveness), civil service reform act expanded this

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2.17- Bureaucracy- discretionary and rule making authority

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2.17- Bureaucracy- discretionary and rule making authority

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delegated discretionary authority: have the decision to decide how and when to implement the law

rule making authority: make specific rules for how the law will be carried out

7 examples:

1) dept of homeland security

Protects Americans from terrorism and maintains and controls borders

2) dept of transportation

manages all kinds of Transportation like Highway and air travel

3) dept of veteran affairs

manages the general welfare of Nations veterans

4) dept of education

manages States and their implementation of the federal educational standards

5) EPA (environmental protection agency)

protects the environment and human health through environmental regulations

6) FEC (federal elections commission)

administers and enforces campaign finance laws

7) securities and exchange commision

Regulates the stock market and prevents fraud

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individual liberties and rights

liberties: Protection FROM the govt

rights: Protections BY the govt

bill of rights

first ten amendments to the constitution

to help the anti-feds ratify the constitution

george mason was for, madison was against

more amendments were presented only ten were ratified

to protect people FROM the FEDERAL GOVT (14th amendment later makes the bill of rights apply to the states)

1st amendment protects the freedom of religion speech press assembly and petition

2nd Amendment predicts the right to keep and bear arms

3rd amendment protect citizens from having soldiers quartered in their homes

4th amendment protects against unreasonable searches and seizures of personal property and effects

5th Amendment deals with the rights of citizens when they are accused of crimes

6th amendment explains how the process will go when a person is accused of a crime and explains the protections to which they are entitled the

7th amendment guarantees the right to trial by jury

8th amendment protects against cruel and unusual punishment and excessive bail

9th amendment acknowledges that if there are other rights not mentioned in the first 10 amendments they're exclusion from the list does not mean that such rights are not protected and

10th Amendment says that any powers not explicitly granted by the Constitution to the federal government belong exclusively to the states

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3.2- the 1st amendment: Freedom of religion

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3.2- the 1st amendment: Freedom of religion

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people practicing their beliefs

religious freedom is the balance between the religious practice of the majority and the free exercise of the minority religious practice

ESTABLISHMENT CLAUSE: cant many any laws stating a religion as the US

FREE EXERCISE CLAUSE: cant prohibit the free exercise of any religion

SEP of church and state

Johnson amendment: if church receives tax exempt status it cannot endorse political candidates

Cases:

Engle v Vitale

violated establishment clause--> State sponsored prayer in schools is unconstitutional

Wisconsin v Yoder

Violated Free excessive--> amish children not required to stay in school

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Facts:

objected to the prayer, which read, “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country,” and sued the school board president

nondenominational prayer

ESTABLISHMENT CLAUSE

Outcome:

Court ruled that the school-sponsored prayer was unconstitutional because it violated the Establishment Clause

ruled in favor in individual liberties

precedent for wallace v. jaffree

minute of silence in school

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Facts:

Wisconsin's compulsory school attendance law was required applied to the Amish in schools (up to 16) and Yoder family was fined for taking kids out of school

Felt concerned about ideas in high school against their religion

Outcome:

Compulsory school attendance law was unconstitutional under FREE EXERCISE CLAUSE

Clash between state law and exercise of religion

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3.5- The 1st amendment: Freedom of Speech

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3.5- The 1st amendment: Freedom of Speech

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Cases:

symbolic speech

Tinker v Des Moines

black armbands to protest vietnam war at school

school made them remove arm band

students argues this violated their free speech

decision agreed violation, no actual disruption, upheld right to symbolic speech

* Banances and emphasis side of individual freedom

counter to this case: Morse v Fredrick: "bong hits for jesus" --> ruled suspension was just because sign promoted drug use

* Banances and emphasis side of social order > individual freedom

HOW THE COURT DECIDES:

--- time place and manner restrictions--> Content neutral regulations, don't restrict actual words being said, only when and where and how

---Defamatory, offensive, and obscene speech (hard to define) regulations--> defamation is almost never protected speech

--- Clear and present danger

Schenck versus the United states, made pamphlets to encourage people to avoid the draft, arrested for violation of espionage act, The Court ruled that the  conviction was constitutional, no violation of his freedom of speech had occurred,  the pants also incited unlawful action which is a part of clear and present danger

*social order >>> civil liberties

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Facts:

black armbands to protest vietnam war at school

school made them remove arm band and suspended them

students argues this violated their free speech

Outcome:

decision agreed violation of students right to free speech, no actual disruption, upheld right to symbolic speech

Created the substantial disruption test as a decision-making criteria for how School administration could constitutionally limit student speech

must be able to demonstrate that the speech would cause a legitimate disruption

*individual freedom >>> social order

precedent for school protected speech

Vologor speech was not protected however in case--> Bethel school district v Frazier (sexual innuendos)

created legitimate restrictions on student speech

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3.7- Schenck v the United States (Required CC) 

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3.7- Schenck v the United States (Required CC) 

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Facts:

CLEAR AND PRESENT DANGER

Made pamphlets to encourage people to avoid the draft, arrested for violation of espionage act

In court he argued the the espionage act restricted his right of free speech

Outcome:

The Court ruled that the conviction was constitutional, no violation of his freedom of speech had occurred,  the pamphlets incited unlawful action which is a part of clear and present danger

"Words created clear and present danger"

created clear standard for silencing of speech

time of war= liberties go down

Clear and present danger test has now been replaced by the Brandenburg test

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Historically related to the creation of militias

DC v heller:

heller could carry gun home for self-defense, argues strict guns laws violated 2nd and rights and court agreed. (oly applied to Dc not states)

Mcdonald v chicago:

applied heller decision to all of the states

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3.10- NYT v The United States (Required CC) 

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3.10- NYT v The United States (Required CC) 

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Facts:

Nixon Administration attempted to prevent the New York Times and Washington Post from publishing leaked Pentagon papers

Showing nixon had lied to public, tried to use prior restraint to prevent the publication

Outcome:

about the first amendment's protection of the FREEDOM OF THE PRESS (against censorship)

New York Times claimed that Nixon's invocation of PRIOR RESTRAINT violated their first amendment rights

Nixon Administration argued that prior straight was justified in this case because the publication of these papers would threaten National Security

*the court agreed with New York Times and ruled Nixon's administration's restraining order was unconstitutional

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3.11- Individual freedom vs public safety (2nd, 4th, and 8th amd)

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3.11- Individual freedom vs public safety (2nd, 4th, and 8th amd)

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Eighth Amendment:  excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted

discussions of the death penalty and cruel and unusual punishment

2nd Amendment: right to bear arms

sandy hook elementary shooting

4th amendment: protects citizens against unreasonable searches and seizures of property, warrants must be secured before entering a person's home and are only issued by courts with probable cause

digital privacy

patriot act, fed govt could look through 3rd party cell phone carriers and metadata--> deemed necessary to public safety--> many disagreed

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Facts:

In the case versus Heller v District of columbia it t ruled that Restrictive gun ownership laws were unconstitutional however it could not be applied to the States because it was in Washington DC

Mcdonald wanted to have a gun for protection, had lots of restrictions on buying a handgun

SECOND AMENDMENT PROTECTION

Arguments:

McDonald architect Chicago's restrictive gun laws infringed on the people's right to own guns especially after the ruling in the Heller case

The city of Chicago argued that restrictive gun laws were necessary to uphold public order and safety

Outcome:

The court ruled in favor of McDonald and the other petitioners and argued that Chicago's gun laws were a violation of the Second Amendment

could apply to the states though the 14th amendment due process--> selective incorporation

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The process in which the bill of rights is applied to the states

In the 14th amendment to stop oppression on former slaves after the 13th amd

14th: "No State shall make or enforce any law which shall abridge the Privileges or immunities of citizens in the United States"

states are now held to the same standard of the federal govt

Amendments that have been selectively Incorporated to the states through SCOTUS decisions so far are: 1,2,4,5,6,8 amendments

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3.14- Due process and rights of the accused

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3.14- Due process and rights of the accused

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Due process- You're civil liberties when you are arrested or charged with a crime

5th amendment "No person shall...be deprived of life, liberty, or property without due process of law"

About FEDERAL GOVT

The 14th Amendment also has a due process clause in which things are applied to state governments,  they both have a due process clause but the 14th applies to the state govt

4th amendment: "no unreasonable search or seizure"

exclusionary rule --> Any evidence that is gathered in violation of the Fourth Amendment without proper warrant will be excluded from a person's trial

Mapp v ohio

police were looking for gambling stuff but instead accidentally found obscene magazines, ruled that she couldn't be persecuted based on things not in the warrant.

also related to arguments with the patriot act and searching people phones also requires a warrant

Case that incorporated the 5th amendment to the states :

miranda v arizona and established miranda rule however there is also the public safety exception--> if action is taken in defense of public safety before stating Miranda rights.

Sixth Amendment: guarantees the rights of criminal defendants

including

the right to a public trial without unnecessary delay

the right to a lawyer

Giedion v wainwright applied to the states

gideon was not given a lawyer

the right to an impartial jury

the right to know who your accusers are and the nature of the charges and evidence against you

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13.15- Gideon v Wainwright (Required CC) 

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13.15- Gideon v Wainwright (Required CC) 

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Facts:

gideon was tried and found guilty without a lawyer in Florida (state)

6TH AMDENDMENT: right to counsel (only then applied to the federal govt)

So technically this was not unconstitutional but the 14th amendments Equal protection Clause applies to all the Liberties contained in the Bill of Rights to the states--> sooo they used selective incorporation to apply to the states

Outcome:

Decision: argued that the sixth amendments provision for a lawyer does apply to the states via the 14th Amendment equal protection clause

selectively Incorporated to the states and crated rules for states to fund the federal defense system

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3.16- Due Process and the right to privacy

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3.16- Due Process and the right to privacy

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Due process protects people's civil liberties (protections from the STATE govt) (14th)

Privacy is not in the bill of rights

However, The Court established the right to privacy as an implicit right based on: 1st amendment, 4th amendment, 5th amendment, 9th amendment, and 14th Amendment

Clearly established in Griswold v Connecticut

married couple couldn't be denied contraceptives

not enumerated rights are part of zone of privacy

Roe v wade: biggest right to privacy case on abortion (next video)

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Facts:

Women were getting illegal and unsafe abortions

Many states changed laws to offer safer abortions

also used as an argument of women's rights groups

Roe was not allowed to get an abortion in texas

constitutional principle: RIGHT TO PRIVACY, imbedded within 14th amd equal protection clause

was implicitly (not explicitly) mentioned in constitution

Outcome:

The Court ruled that the restrictive abortion laws in Texas violated Roe’s constitutional right to privacy. namely the right to make decisions about her own body

justices did acknowledge that there was a balance to strike between a woman's unmitigated right to privacy and the states potential interest in the child's life

first trimester:  no limitations

second trimester:  could make a restrictions as long as they're related to the mother's health

third trimester:  States could prohibit abortions entirely unless the mother's health and life were at stake

States had to rewrite and liberalize their abortion laws which granted women easier access to abortions across the country

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3.18- Social movements and equal protection

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3.18- Social movements and equal protection

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civil rights--> protections by the govt

Due process and equal protection Clause of the 14th Amendment!!

civil rights movement:

used 14th amendment as reason for civil rights

letter from a Birmingham jail

Women's rights movement

after 19th amd

title 9

LGBTQ+ community

"dont ask dont tell" to serve in military, now abolished any can serve

right to life movement

roe v wade

hatch amendment (did not pass)

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3.19- Letter from a Birmingham jail (Required Doc) 

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3.19- Letter from a Birmingham jail (Required Doc) 

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explains how the equal protection clause and 14 Amendment supported and motivated the Civil Rights Movement

Nonviolent action, MLK arrested and brought to Birmingham jail.

“Injustice anywhere is a threat to justice everywhere”

Justified nonviolent action→ meaningful negotiation will never occur unless the crisis raises the stakes

Cannot “wait’, urgency of present moment

Expresses disappointment in the white clergymen of birmingham for their moderation of the crisis

Embraces being an extremist

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3.20- Balancing majority and minority rights 

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3.20- Balancing majority and minority rights 

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separate but equal doctrine created by plessy

Sergeration was not constitutional in schools

Brown v Board (next vid) overturned separate but equal doctrine

Civil Rights Act required action from brown v board

title 6 (Race, color, and national origin) and 9 (women)

voting rights act, stop poll taxes and literacy tests

majority and minority districts

shaw v reno, no racial gerrymandering, couldn't be racially motivated

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Facts:

plessy established separate but equal

Tried to enroll their daughter in a white school that was closer to their house

Brown and other Advocates argue that racial segregation in schools was a violation of the equal protection Clause of the 14th Amendment. (thurgood marshall)

Outcome:

Overturned Plessy precedent

The court agreed that separate facilities violated the equal protection Clause of the 14th Amendment thus overturning the precident in Plessy versus Ferguson

Argued that “the educational qualifications based solely on Race generates a feeling of inferiority as to their status in the community”

No more separate but equal

Very influential for civil rights movement

Integration took a while in southern states

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Affirmative action: describes policies and acted that favor groups that have been historically discriminated against

Debates over 1→ Is it constitutional to have minority quotas in various institutions 2→  is the Constitution color blind

De jure segregation- racial discrimination by law

De Facto segregation- racial segregation by personal choice

Generally when de jure is not clear the court rules against affirmative action

Regents v bakke: Race and gender quotas for admission to universities is unconstitutional based on the 14th Amendment, Can still be used as a factor,  but it cannot be the only factor

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Section I: Multiple Choice

55 Questions | 1 Hour 20 Minutes | 50% of Exam Score

Section II: Free Response

4 Questions | 1 Hour 40 Minutes | 50% of Exam Score

Concept Application: Respond to a political scenario, describe and explain the effects of a political institution, behavior, or process

Quantitative Analysis: Analyze quantitative data, identify a trend or pattern, or draw a conclusion from a visual representation and explain how it relates to a political principle, institution, process, policy, or behavior

SCOTUS Comparison: Compare a nonrequired Supreme Court case with a required Supreme Court case, explaining how information from the required case is relevant to the nonrequired one

Argument Essay: Develop an argument in the form of an essay, using evidence from required foundational documents and course concepts

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2.18- Holding the Bureaucracy accountable

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2.18- Holding the Bureaucracy accountable

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Congress checks

needs to make sure the agencies are implementing the laws as they intended

oversight

committee hearings: testify and give reports on progress

power of the purse: gives agencies money and authorization of spending

president checks

appointment of new heads for their public policy/agenda

executive order to help the bureaucracy

compliance monitoring: slows down process, make sure following rules

judicial checks:

people can appeal to court when rule/regulation is deemed unconstitutional

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AP gov exam review: ALL TERMS Flashcards | Knowt

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Memorize terms like Democracy, Direct democracy, Constitutional democracy and others. Study with Knowt flashcards for free.

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4.1- American attitudes about government and politics

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4.1- American attitudes about government and politics

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Core values of americans:

Individualism: Places emphasis on self-reliance and Independence

Conservatives value self-centered individualism

emphasizes the interest of the individual above interests of society

liberals value enlightened individualism

emphasizes the interests of society above the interests of the individual

Equality of opportunity: Believe that every American regardless of their race, ethnicity, sex, religion, etc, deserves equal footing to go after life, liberty, and the pursuit of happiness

Conservatives believe in the power of mediocrity (everybody rises in America based on their own toil and sweat)

Liberals agree with the idea of mediocrity with condition (believe that not all groups start the climb in the same place)

Free enterprise: Lassiez faire economics- as little government intervention in the economy as possible

Conservatives want the government to stay out of the affairs of businesses and allow the free market to determine what's best

Liberals want the government to intervene with appropriate regulations to ensure safety and equality in the workplace

Rule of law: Every citizen is a equal under the law, no one has special privileges

Conservative see laws themselves as embodying equality (emphasize letter of the law)

Liberals agree that laws embody equality with condition (emphasize the unequal application of laws in regards to minority groups)

Limited government: A government whose limits are well defined and is restrained through the separation of powers and a system of checks and balances

conservatives: small fed govt, liberals: large fed govt

Conservatives:

cherish established institution and seek to preserve them for the good of society

Liberal:

push for new reforms to make society more just and equitable

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- Process by which we form our political opinions

Family (biggest!!!)

Schools

Peers

Media

Civic/religious organizations

Globalization

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Cultural factors influence political factors

Generational effects

Silent generation

Baby boomers

Generation X

Millennials

Older= more conservative, Younger= more liberal

Lifecycle effects

Whatever stage of life you are in contributes to your political behavior

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4.4- Influence of political events on ideology

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4.4- Influence of political events on ideology

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political events and their significance can have an effect on our political beliefs

Silent generation--> great depression and new deal

trust govt to intervene for safety

Baby boomers--> Vietnam war and Pentagon papers

Moved to republican party and Regan "Govt is the problem"

Millennials--> Sept 11

American over-intervention in middle east, for cooperation with foreign policy

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If a poll is created with scientific rigor, then it is the best tool for measuring public opinion

Process: 1) Writing questions that are free from bias, 2)  presenting questions to a small randomized group of people, 3)  generalizing results to the larger population

Types of polls: -- to measure public opinion

Opinion poll: Helps get a feel for the Public opinion on a certain topic or Discerning people's feelings on certain candidates or policies

Benchmark poll: take it at the beginning of a candidate's run and gives the campaign a benchmark against which they can compare future polls to see how the candidate is faring

Tracking poll: conducted over time, usually within the same group of people, gives information on how the group feels about a given issue

Entrance/ Exit poll: conducted at voting sites that ask people how they voted (most desirable)

Sample: Must be representative and random

Sampling error: +-3

Neutral questions: Big effect on results

Mass survey (quantitative data)

Focus group (qualitative data)

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bandwagon effect

better poll numbers = easier to get funding

influences policy debates and how they vote

social desirability bias

non-response bias

non-scientific pools can have a big effect too

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How ideologies of parties shape policy debates

-Political ideology is an interlocking set of ideas that form the basis for political decision making (liberal and conservative)

Conservative

Emphasizes traditional social structures and existing structures of authority,  limited government in public affairs,  strong stances on crime and punishment

GOP - republican

Liberal

Emphasizes civil rights for the marginalized and supports the efforts of social justice movements to ensure everyone has equal access to civil liberties,  government involved in public affairs- caring for the poor, regulations on business, and intervention in the economy

liberal

libertarian (later)

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How US political culture influences the formation, goals, and implementation of public policy over time

Debate:

Making english the official language of the united states

Multiculturalism vs assimilation

Policies:

Personal responsibility and work Opportunity Act: govt funds to the poor limited bc conservatives argued against it bc it took away incentives to work

Dream act: addressed children illegal immigrants -- bill never passed but there was an executive order by obama

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3.8- 1st amendment: Freedom of the press

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3.8- 1st amendment: Freedom of the press

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George Mason argued for freedom of press- we the people--> for accountability

must almin with 6th amd of a free trial

National security VS freedom of the press ----> PRIOR RESTRAINT

prior restraint= govt ability to limit press before it goes out to public

very huge standard set by court in:

NYT vs the united states:

pentagon papers links to NYT, showing nixon had lied to the public about the war so he tried to sue prior restraint to prevent the publication. Court ruled with NYT-- must be very clear that an imminent threat in being prevented

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Fiscal policy: decisions the government makes about government spending and taxation

Monetary policy: decisions the government makes about how much money should be in the economy (the fed)

Does this by: 1)  buying and selling government bonds 2) setting reserve requirements 3) setting interest rates

-----

Keynesian Economics (more liberal): govt spending and oversight : consumers and their demand for goods and services are key economic drivers

Supply side economics (more conservative) support business w/ tax cuts and deregulation - Laissez Faire: producers and their willingness to create goods and services set the pace of economic growth

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libertarian: little/no govt regulation, protect private property and civil liberties

conservative and liberal: abortion, LGBTQ+, guns, drugs, education, religion

favor govt intervention in some social issues and reject it in others

Planned Parenthood V Casey (abortion)

Zelman V Simmons-harris (vouchers for religious schools)

Obergefell V Hodges (Same sex marriage)

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5.1- Voting rights and models of voting behavior

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5.1- Voting rights and models of voting behavior

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Article 1 Section IV: "the times, places and manner of holding elections for senators and representatives, shall be prescribed in any state by the legislature thereof; but the Congress May at any time by law make or alter such regulations"

states get to determine who gets the right to vote

originally --> white men who owed property

1830: --> all white men

Amendments that related to voting:

15th Amendment- recognized the rate of black men to vote

17th Amendment- granted the people the right to vote Senators into office

19th- Recognized women's right to vote

24th- Abolished Paul taxes which were used to suppress the minority vote

26th- Lowered the voting age from 21 to 18

barriers to voting:

limited convicted felons form voting

Voting models

rational choice voting: -Person votes based on their individual self-interest,  carefully studies the issues and platforms

retrospective voting:-Person votes based on the recent past track record of the politician in question

prospective voting: -Person votes based on future predictions of how a party or candidate will perform in the future

party-line voting:-Person votes for all the candidates in the voters party

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franchise=right to vote (has expanded over time)

Voter turnout effected by

structural barriers

Policy or law that prevents or encourages people to vote

Ex: Voter ID law (Republicans argue that they decrease the possibility of voter fraud,  Democrats point to research that indicates voter fraud is not a serious threat and that these laws serve to keep minorities out of the voting booth)

political efficacy

Belief about whether your vote matters

High efficacy= more likely to vote

Can be affected by politicians performance (good or bad)

demographics

ex: Senior citizens vote in highest numbers

type of election:

More people vote in national than state and local elections

Less people vote in midterms too

What factors affect voters choices:

Party identification

Candidate characteristics

Political issues

religious, gender, race, ethnicity

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Linkage institutions: societal structures that connects people to their government or the political process

act as intermediates between average people and policymakers

4 linkage institutions:

1) political parties

2) interest groups

3) elections

4) media

1 ----POLITICAL PARTIES:

An organization at least partially defined by certain ideological belief that puts forward candidates for election (WIN ELECTIONS)

democratic, republican

decide candidates the run and drawing legislative districts--> benefit the candidates

what parties do:

mobilize and educate voters

voter registration drives

canvassing campaigns

write and publish a party platform

kinds of policy's the party will enact

find quality candidates

likable, significant following, unite different segments of the party, money

provide campaign management and support for their candidates

fundraises, media strategies

(after election partes still have a role in selecting committee chairs, leadership roles in the legislature-speaker of the house and senate majority/minority leaders)

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5.4- How and why political parties change

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5.4- How and why political parties change

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*The way parties interact with candidates

-Past: the party mattered in the candidate was secondary

-present: the candidate mattered in the party is secondary (new media tech)

*Parties have changed their platforms over time in order to appeal to a larger swath of the electorate (coalitions of voters- try to appeal so different coalitions they are trying to win)

*altering the entire party structure (party realignment)

*campaign finance laws

*changes in communication and data management technology (do using demographics and psychographics)

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we have a 2 party system- 3rd will never win

Winner take all voting system

Incorporation of third-party agendas into the two major party platforms

So because of the winner take all system and the fact that the two major parties can fit their agendas they're more likely to vote either Republican or Democrat (will never get any electoral votes)

This would only change if we abolished winner-take-all system and adopted a proportional system

Form around a narrower set of interests than the major parties

can get the nations attention the major parties incorporate the 3rd party agenda into their own platform

ex: Populist party (farmers for the coinage of silver) incorporated by democrats

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5.6- Interest groups influencing policy making

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5.6- Interest groups influencing policy making

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4 linkage institutions:

1) political parties

2) interest groups

3) elections

4) media

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interest group: A group of people who gather around a policy issue in order to persuade policy makers to pass legislation favorable to the group

what they do/why they exist:

Educate voters in office holders on the interest groups chosen issue

Engage in lobbying- hold meetings with policymakers to try to influence them to pass legislation in their favor

Draft legislation

Mobilize its members to apply pressure on and work with legislators and government agencies

Iron triangle: The strong mutually beneficial relationship between interest groups, Congressional committees, and government agencies

Members of congressional committees are especially helped by interest groups (provide them with policy information and campaign donations to a representative sympathetic with the groups goals.)

Issue networks: an alliance of various interest groups and individuals who unite in order to promote a common cause or agenda in a way that influences government policy

Factors the hinder/help interest groups

Inequality of political and economic resources- one of the most significant things an interest group can do for policy makers is help fund their campaigns and  this makes them much more incentivized to take meetings with well-funded interest groups (NRA AARP)

Unequal access to decision makers

Free-rider problem

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5.7- Groups influencing policy outcomes

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5.7- Groups influencing policy outcomes

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single issue interest groups

pro gun

pro choice

social mvmts

prohibition mvmt

Civil rights mvmt

protest mvmts

(examples above, no clear line)

Policymaking:

1) Social and protest movements get the nations attention on certain realities that need to be changed

2) Interest groups step in and draft potential legislation to present to lawmakers

3) When it comes to actually making laws, political parties and bureaucratic agencies get involved

4) When it comes time to implement and execute the law, bureaucratic agencies figure out how the rules and regulations will accomplish that

5) The law is either implemented well or not (if not implemented well the cycle repeats back to number one)

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Candidates have to first earn their party nomination through primary elections- primary elections are elections in which members of a party vote in which candidate they want to represent them in the general election

Some states hold open primaries- any registered voter can vote in either party's primary, but not both

Some states hold closed primaries- only people registered with a party can vote in that specific party's primary

some states have caucuses: discuss and debate together and then vote publically

Whoever wins the primary is selected as that party's candidate at the national convention

present winning candidate and choice for VP

incumbency advantage (The incumbent has already won the election, so they know how it's done,  the incumbent is a known quantity,  the incumbent has already raised an army of volunteers and fundraisers to help with another campaign)

election day

people vote (not directly, you are voting for the candidates slate of electors who then elects them into office)

electoral college

each state has the same number of electors and they have congressional representatives

winner take all system (if democrat wins, all electoral votes will go to that candidate)

faithless electors (rarely ever happens)

must receive a minimum of 250 (of 538) electoral votes --> majority

become president

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Election every 2 years

Members of the House of Representatives have two-year terms

Senators have six-year terms-- however ⅓ are up for reelection every two years

align with presidential election and midterms

factors

still incumbency advantage in congress (90% of incumbents win their elections)

name recognition, track record, established funding, safe districts (can gerrymander districts to benefit them)

chosen by primary election (open of closed)

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-overtime campaigns have become way more complicated

-political fundraising

spending has increased a LOT over time

increasing length of election cycle

gotten longer- causes more money spent

modern campaigns have gotten so complicated they must be a large group of hired professionals to run them (PR)

canvasing

reliance of social media

demographics, psychographics and political ads

most of candidate funds go to advertising

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Federal elections Campaign Act-

created a new federal Commission called the Federal Election Commission,

oversee and regulate money being spent in political campaigns

established limits for:

1)  how much money a person can give to a political candidate

2)  how much money candidates could spend on their campaign

Buckley v Valeo- protection of free speech to not restrict spending-- uphed part of law that restricted amount of money individual could give, however limited how much a candidate could spend violated the 1st amendment

-hard money: Contributions given directly to a candidate

-soft money: Money donated to a party or interest group who can buy advertising on the candidates behalf

Bipartisan campaign Reform Act: increased the amount of hard money that could be donated And regulated the amount of soft money that could be given, “stand by your ad” provision

Citizens united v FEC-->

Court Road that limits on contributions from individuals and corporations was a violation of free speech

Corporate funding of ads and broadcasts cannot be limited

Political spending by corporations, associations, and labor unions is a form of protected speech under the First amendment

after decision spending has gone way up

political action committee (PAC)

Connected PAC- formed by a corporations or other entities like labor unions,  only collect funds from the members of their organization,  money can be donated directly to candidates in limited quantities,  can raise unlimited amounts of money provided the individual limits are obeyed

Non connected PAC- formed independently of an organization usually around a specific public interest,  donations to non-connected Pacs are limited by law,  can accept donations from the public and donate directly to candidates

Super PAC- can be formed by anyone,  can accept unlimited donations,  cannot directly coordinate with a candidate (most controversial)

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5.12- Citizens United v FEC (Required CC)

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5.12- Citizens United v FEC (Required CC)

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Facts:

Bipartisan campaign reform act (BCRA)

Made it illegal for corporations or nonprofits to engage in electioneering communications for 60 days before an election or 30 days before a primary

Citizens united movie about Hillary Clinton

Constitutional principle: BCRA violates free speech (apply civil liberties to those "groups of individuals")

Outcome:

Ruled in favor of citizens united,  argued that limitations put upon corporations to run political advertisements and Communications were not materially different from government censorship of speech towards individuals

that section (above) of BCRA was struck down

says that it is fair for people with the most money to be able to have the loudest voices

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a linkage institutions *

-The media's is reporting of what the government does influences how citizens engage with politics

-holds govt responsible for the people

papers--> telegraph--> Radio--> TV--> Internet/social media

social media just shows us news that we will like

news events

investigative journalism (muckrakers)

election coverage and political commentary

horserace journalism - focus less on contest and more on popularity

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more narrow and partisan- biased outlets, marder to detect with algorithms

how to detect media bias:

Determine the ideological preference of the reporters themselves

Examine the character of the reporting itself

main goal of media is for profit, appeals to the people who watch them

social media increases political participation but looser ties now, less active positive change