POLI SCI Exam #1

CSUSM politcal science exam 1, openstax textbook chap 1-5

Define Government

how society organizes itself and allocates authority to achieve goals. These goals consist of economic prosperity, security, safety, and well-being. They provide a handful of benefits, including education, healthcare, transportation, and infrastructure. Therefore, their effects include food, schools, education, taxes, and free time.

Understand the different forms of democracy (participatory/direct & representative/indirect

Democracy: power with the people

Representative Democracy: (Republic) elect representatives to make laws by majority rule, while leaving minority rights protected

Direct Democracy: People vote directly on laws (an example is town meetings)

Public goods

They are provided by the government, free and open to all. Some examples are education, military/national security and highways)

Private Goods 

They are purchasing goods that are owned individually (food, clothing, housing)

Common goods

Shared with society and limited, this would mean clean water or fishing from a community pond

Toll Goods

These are available if you pay. Examples are private schools, cable TV, turnpikes, and toll roads.

Owned by private companies, usually the same as public goods, but offer a bit more by spending a bit of money.

John Locke 

A political philosopher who focused on the idea of natural rights, liberty, and a heavy focus on property. He believed people are reasonable, tolerant, and capable of self-government. Therefore, people have the right to life, liberty, and property. He viewed the government as existing to protect natural rights; if it fails, citizens can overthrow it. His influence on democracy was the concept of the social contract between government and the governed (the people).

Charles Montesquieu 

A political philosopher, he believed in the separation of powers into legislative, executive, and judicial branches. His reason was to prevent tyranny and protect liberty by creating a system of checks and balances. He viewed that laws need to reflect the social, cultural, and geographic conditions of a society. He was one of the framers of the Constitution, especially the structure of government.

Jean-Jacques Rousseau

A political philosopher, he’s known for his social contract. He viewed humans as naturally good but corrupted by society. His main political idea was that government should be based on the general will of the people. But what is ‘general will’? It’s the collective interest of citizens, aiming at the common good. He viewed inequality as a creation of social and private property, therefore creating injustice. His ideas influenced the French Revolution with ideas of democracy and popular sovereignty.

Thomas Hobbes

A political philosopher, he believed people were corrupted, naturally selfish, greedy, and prone to violence. He believed the government should be a strong, absolute monarchy to impose order and prevent chaos. He believed in needing a strong government; therefore, people would be protected from destroying one/another. People would have to give up freedoms to a ruler in exchange for safety and security.

List 3-4 Events (explain) how they influence the American Revolutionary War

-Enlightenment ideas + regular political conflicts between the crown and colonists.

-The French and Indian War (1754-1763) left the British treasury empty, so Parliament instituted new polices for revenue and taxes on the colonists.

-Acts of Parliament: Were laws implemented on colonists by the British legislature. This asserted control over colonists by the British, fueling resentment in colonists towards the British, and resulted in violence and protests.

• Stamp Act 1765 (repealed in 1766), charged for any purchase of paper

• Tea Act 1773, charged for tea imports —> Boston Tea Party

• Quartering Acts, housing for British troops

Articles of Confederation vs. Constitution (explain throughly) 

The Articles of Confederation were created after the Revolution, and the colonies had to unite to win the war and gain foreign support. The goal was to create a union of sovereign states, and each state has 1 vote in Congress (no matter the size).

This was weak in the fact that it created a weak central government where states retained most powers, and this resulted in an inability to tax, regulate commerce, or enforce laws.

In contrast, the Constitution established a strong federal system with three branches of government (legislative, executive, and judicial), which then provided a strong national government with the power to tax, regulate interstate commerce, and a system of checks and balances to prevent any one branch or state from becoming too powerful.

Points of contention (debates) at the constitutional convention (list 3-4)

1. Representation: large states vs. small states

2. Non-slave holding states vs. slave holding states

3. Commerce (competition between states economically)

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1. Great Compromise: the agreement between small states and large states to create a bicameral legislature (Congress) —> Senate: Equal Representation, House of Representatives: Populations based on representation

2. Three-Fifths Compromise: An agreement between slave holding and non-slave holding states that a state’s slave population would be counted at 60% for the purpose of determining a state’s population and therefore the number of representatives in the House of Representatives.

   • The words ‘salve’ and ‘slavery’ were never used in the Constitution.

3. Washington, Madison, and Hamilton believed that promoting the free flow of commerce across state lines and nationalizing the economy would lead to America’s becoming an economic powerhouse

debate over ratification (Main points of both Federalist and Antifederalist groups)

The main debate was state vs. federal power (national government). States feared loss of power, and the national government wanted power to tax, maintain the military, and enforce laws. The lack of the Bill of Rights created a fear that a strong federal government would be too distant and powerful.

Federalists: (supported the constitution) It was in their best interest to create national currency, regulate trade, impose tariffs, and have the ability to fund roads.

• Were wealthy, educated, landowners, businessmen, and ex-military leaders

Anti-Federalists: (Not in support of the Constitution) Feared a too strong central government, threatening their liberties and their state rights. They also feared taxes on farmers, tariffs hurting exports, and loss of religious uniformity. They advocated for small republics with shared values.

• Was strong in the South

Why was the Bill of Rights Added in 1791?

This was because of the fear of the Anti-Federalists, who feared an overpowered National Government. The purpose was to bring ease to the anti-federalist who still had fears based on the British overruling. This secured the ratification of the Constitution as the Federalist promised to add these amendments that spelled out citizens’ rights; therefore, this ensured freedoms to all, creating the ‘perfect union’.

Compact Theory

This asserts that the U.S. Constitution is a voluntary agreement (contract) among sovereign states, not a contract between the people. States were sovereign units joined together in the new national government without giving up status or independence.

• United Nations

• Articles of Confederation

• Nullification: states could nullify national laws if they disagreed or felt they violated the Constitution.

Nationalist Theory

A theory that sees the Constitution as joining together the people as much as, or more so than, the joining together of the states.

“We, the People of these United States,” not “We, the States...”

Commerce Clause

Grants Congress the power to regulate commerce with foreign nations, among the states, and the Native American tribes. This is usually viewed as the powerful basis for federal regulation, encompassing not only direct commercial activities but also many other aspects of life that substantially affect interstate commerce. It also indirectly limits states (Dormant Commerce Clause), which prohibits states from passing laws that discriminate against or unduly burden interstate commerce.

Necessary and proper clause 

Gives Congress authority to make laws needed to carry out specific duties assigned to Congress by the Constitution

• Article I, Section 8

Supremacy Clause

Is a provision of the U.S. Constitution that declares the Constitution, federal laws, and treaties to be the supreme law of the land. This means that when there is a conflict between a valid federal law and a state law, the federal law takes precedence, and the state law must yield, a principle known as federal preemption. 

Full Faith Clause

Mandates that each state must recognize and give full faith and credit to the public acts, records, and judicial proceedings of every other state. This promotes national unity by ensuring that legal judgments, such as court rulings and property rights, are honored and enforced across state borders, preventing individuals from using state lines to evade legal obligations or consequences.

Credit clause

Requires states to recognize public acts, records, and judicial proceedings of other states, or a clause in a contract, such as a letter of _____. This sets conditions for the use and issuance of a letter of credit. This promotes interstate legal consistency by mandating that states respect and enforce decisions made in other states, particularly court judgments. This also clarifies the requirements and responsibilities for using a letter of credit in a specific contract.

dual federalism

The national and state governments have distinct areas of authority.

• Dual Citizenship: An Individual is a citizen of his or her state and of the United States, with varying rights and responsibilities from state to state and at the national level.

• Dual Sovereignty: Both the National and State Governments have sovereignty over different policies

• Enumerated Powers: A list of specific duties that the Constitution assigns to Congress

• Implied Powers: Functions and actions that Congress could perform to implement and exercise its enumerated powers.

Layered Cake: Programs and authority are clearly divided among the national, state, and local governments

Cooperative Federalism

A form of federalism in which national and state governments share many functions and areas of authority.

• Beginning in the 1930s, _______ became more prominent and continues today.

Marble Cake: Programs and authority are mixed among the national state and local governments.

Fiscal federalism

The federal government offers resources to states for certain actions.

Categorical grant

Federal Government funds are provided to the state or local government for a specific and defined purpose.

Block grant

Funds to support broad government functions, such as education or transportation

funded mandate

An order from the federal government that requires state governments to take a certain action, and the government provides the necessary funding

unfunded mandate 

Federal requirement that states take some action, but without the provision of sufficient resources to take the action

civil liberties

The limitations on government power are such that people can freely exercise their natural rights.

They protect our right to think and act without government interference.

In general, ______ refer to freedoms promised in the Bill of Rights.

civil rights

The government must treat people equally, with no discrimination by race, sex, age, gender, etc

General right to equality under the law.

Freedom to participate in the full life of the community, such as voting, education, employment, housing, and public facilities

Laws protecting us from discrimination and to the ‘equal protection’ clause of the 14th Amendment

freedom of expression + rights associated

• Freedom to exercise religion

• No establishment of religion

• freedom of speech

• freedom of assembly

• freedom to petition the government

• freedom of the press

establishment clause + free exercise clause

• Freedom of religion and the government may not create and support an official state religion

• Citizens may freely engage in the religious activities of their choice as long as it doesn’t involve the harm of another person/animal.

Analyze the constitutional sources of the ‘right to privacy’

4th Amendment: Protection from unreasonable search and seizure

Other sources: First (freedom of association), Third (protection against quartering soldiers), Fourth (protection against unreasonable searches), Fifth (protection against self-incrimination), Ninth (unenumerated rights) amendments, and Fourteenth.

The 4th, 5th, and 6th Amendments were intended to provide those suspected of a crime with safeguards against abuse by those in power and provide due process of the law.

CHATGPT SOURCE: The right to privacy is not an explicit constitutional guarantee but is derived from multiple amendments in the Bill of Rights and reinforced through the 14th Amendment’s Due Process Clause. The Supreme Court has recognized it through interpretation, especially in cases involving personal, family, and bodily autonomy.

Suspect classification + level of scrutiny

• Discrimination based on prejudice or descriptive characteristics,

  • Race, ethnicity, and religion

  • Historically discriminated against, so the government must prove a need for discriminatory law/policy

—>Strict Scrutiny applied in cases involving the classification of individuals/groups classification

de jure discrimination

• Discrimination arising from or supported by law

• legally segregated public facilities

• easier to combat in courts

• Overcome procedural policies like desegregation laws

Define disenfranchisement and identify the tools used in the past to disenfranchise minority voters

• Being denied a right, such as the right to vote

• Poll Tax: a tax levied to exercise the right to vote

• Grandfather clause: a clause permitting people the right to vote only if their grandfather had that right 

• Literacy Test: an exam administered at poll booths, testing detailed knowledge of civics; usually targeted at black voters 

Quasi-suspect classifications + scrutiny level

• Disagreement over when discrimination on these grounds is prejudice vs. rational

  • gender or/& sexual orientation

  • Requires law/policy to have an important government interest

—> Intermediate (medium) scrutiny applied in cases involving individual groups

Non-suspect classifications + level of scrutiny 

• Discrimination that is not (usually) seen as prejudice 

  • The government only needs to prove a compelling need/interest to justify discriminatory law/policy

—> Rational Basis Review: applied in cases involving individuals/groups

de facto discrimination

• Discrimination that exists in reality and practice, despite not being enforced by a law or explicit policy

• Usually the result of tradition, customs, societal biases, or the legacy of previous de jure discrimination

• Areas like education, employment, and housing often lead to unequal outcomes and opportunities for certain groups.

• Harder to combat