AP Gov Ultra Part 3

Writ of Habeas Corpus

the government must tell you why you are being detained; a reporting mechanism that protects the individual from unlawful detention/imprisonment

Bill of Attainder

Legislation declaring guilty and punishing someone (or a group of someones) without a judicial trial

Lemon Test

Determines whether or not government involvement in religious activity is constitutional The activity has a secular and worldly purpose or meaning (peace, goodwill, etc)The primary effect neither advances nor inhibits any religionNo excessive government entanglement with religion itself (ex. peace rally)

Time, Date, and Manner Test

Symbolic expression may be regulated if it is regulating the conduct rather than the thing being expressed (ex. burning draft cards is a no-no) The restriction must be content-neutral; doesn’t single out and attack specific symbolic contentMust serve a significant government interest (burning draft card \= disruption of govt army-building interest)Must be narrowly tailored (not broad in nature)There must be adequate alternative ways of expression(there are other time, places, and manners to express your views)

Obscenity Test

Determines what kind of expression can be considered obscene and therefore unprotected. The average person, applying contemporary community standards, finds it appeals to the lustful interestDepicts in a newly-created way sexual conduct specifically defined by state lawLacks serious literary, artistic, political, or scientific value

After WWI…

… SCOTUS has moved towards protecting freedom of expression more, but with some deference to Congress during crisis times

Before the Civil War…

… the Constitution and Bill of Rights only applied to the federal government.

Due Process Clause

“no state shall deprive any person of life, liberty, or property without due process of law.” essentially, all appropriate legal proceedings and safeguards must be followed

Equal Protection Clause

“no state shall deny to any person within its jurisdiction the equal protection of the laws” essentially emphasizes that laws must provide equivalent protections to all people for both the federal and state govts

What can the police search incident to a lawful arrest?

The individualThings in plain viewThings in immediate control of the individualin a car…answer changes almost yearly

Exclusionary Rule

evidence gathered in violation of the Constitution (no probable cause, no warrant) cannot be used in a trial

Evidence that would have inevitably been found

is admissable

Immediate concerns of public safety

allow the police to arrest and question people with fewer restrictions (ie reading off rights, getting a warrant)

Miranda Rights

the rights that must be told to you upon your arrest: that you have the right to remain silent and the right to have a lawyer be provided to you ensures that people are aware of their rights (in the situation those rights are being protected in)

Miranda Case

a confession presumed involuntary unless the suspect is fully informed of their rights

Incident to an Arrest

one of two ways to get arrested outside a warrant; means that a crime is in the process of being committed or protecting the public safety is a priority

Civil Rights

goes hand in hand with the Equal Protection Clause

19th Amendment

Women can vote

How Desegregation stalled in the South

unclear court wordingfreedom-of-choice plans; black students had to apply for white schoolsnot selling land near schools to black families (& only letting in nearby families)“White Flight” (white students moved to private schools)

Civil Rights Act

Banned discrimination in public places and hiring processes

Title IX of the Education Amendment

No one can be denied education or discriminated against based on sex

24th Amendment

outlawed poll taxes

Voting Rights Act

ended literacy voting tests

Affirmative Action

attempts to create an equal environment by especially considering members of minority groups

SCOTUS and Affirmative Action

SCOTUS has upheld affirmative action

Federalists disagreed with the Bill of Rights because…

… they were worried about leaving some out and people taking advantage of that

Bill of Rights

the first ten constitutional amendments meant to protect people from the government

Limit on the Freedom of Religion

only when the government has a “compelling interest” to do so in order to protect the common good and limit people's ability to harm others

Symbolic Speech

Non-verbal political speech (ie flag burning)

Origins of the Right to Privacy

1st, 3rd, 4th, 5th, and 9th Amendments

Clear and Present Danger Test

the speech must impose a threat that a substantive evil might followthe threat is a real, imminent threa

Political Culture

a nation’s core values

Agents of Political Socialization

Family School/College Peers Race Gender Income Education Media Religion Civic institutions Generation Political events Region Age (lifecycle)

Individualism

(self-reliance, unbound by the wiles of society) valuing individual rights over those of the governmentemphasis on individual initiative and responsibility ex. “Break Free” High School Musical

Equality of Opportunity

Political, Legal, Economic Opportunity

Political Equality of Opportunity

equal right to political participation (voting)

Legal Equality of Opportunity

equal treatment before the law

Economic Equality of Opportunity

everyone has the chance to work hard and earn as much as they would like

Free Enterprise

general laissez-faire approach within the economyinvisible hand in interactions between producers and consumersCapitalismmarket driven by supply/demandfree trade, free market

Rule of Law

the law is applied to all members of society equally by the governmentNO ONE is above the law, especially not the governmentthis ensures stability and certainty

Limited Government

(liberty or order) restrictions are place on the government to protect individual libertiesthis is why there is such a complex system in place; checks, balances, separation of powers, etc

Political Socialization

the process by which a person develops their political beliefs and the degree to which they participate politically

Politics

is a lifelong learning process governments throughout the world use school to try to raise kids that are committed to the system’s core values

Effect of Family

most important agent of political socializationeven though some believe they think different than their parents, most grow to have most of the same beliefs as them

Effect of School

key roles: class elections, student governments, social studies classes values of liberty, equality, individualism, democracycollege graduates (greater education) have a higher level of political participation than most

Effect of Peers

debates with friends can influence political outlookproximityyou become your friendsgreater exposurepeer pressure and social conformity

Effect of Race

white: conservativehispanic: splitswing?naturally more conservative on stuff like moral and religious valuesblack: liberalasian: liberal

Effect of Gender

fem: liberal (democrats speak to women’s issues)male: conservative the voting “gender gap”

Effect of Media

the “new parent”internet & mass media have become a chief source of information for those under 30 yearsexposure to new ideals or political activityex. fictional characters with a strong sense of individualismstrong peer influence online

Effect of Religion

ideological alignmentex. on issues of same sex marriage or social justiceex.Protestant: conservativeJews: liberalCatholics: splitideology and levels of participation more determined by religious involvement than denominationhelp people form cohesive opinions from cohesive messagesmore religious usually \= more conservative

Effect of Civic Institution

ex. Boy Scouts, athletics, volunteer organizations (civic societies) brings groups of diverse or like-minded people togetherthen peer or superiors’ influence

Effect of Region

conservative - rural : liberal - urbanarea \= associationsee image

Effect of Generation

older generations (specifically the Silent Generation) tend more towards patriotism, a pre-established moral code, the social status quo, external enemies, and supporting the government, and are hearty and consistent political participants. They are more conservativeyounger generations (millennials) are less patriotic, more diverse, more averse to use of force of government involvement in global affairs, more invested in the environment and social change (drug use, civil rights), and generally are more tech-centered. They are more liberal See also “Effect of Age/Lifecycle Stage”

Effect of Age/Lifecycle Stage

the variety of physical, social, and psychological changes experienced as aging occurs characterized by age-based prioritiescollege students \= debt/jobsmarried and kids-aged \= stable economy and kids’ schools, less time for political participationseniors \= Medicare, social security, retirement, already familiar with political participation Younger folks more often gravitate towards the democratic partyImpressionable Age Hypothesispolitical attitudes are mostly formed between 14-24 years oldevents experienced at age 18 have x3 the effect as the same events experienced at age 40

Effect of Political Events

examples of events with impactwarcharismatic president completing an agendalandmark SCOTUS ruling9/11personal-life effects of policies such as affirmative action or high taxes See also “Effect of Generation”

Effect of Income

lower: liberalhigher: conservative

Effect of Education

less: liberalmore: conservative

Political Ideologies are generally more concerned…

… with more or less government involvement social/individual vs economic issues

Examples of Social Issues

Marriage (gender, race)Affirmative ActionLaw and OrderMarijuana LegalizationGun LawsAbortionMedia RegulationSchool PoliciesReligion

Examples of Economic Issues

Welfare (Social Security, Medicare)Free Market PrinciplesLoan InterestMinimum WageHealthcareRent Control think money think market think jobs

Liberal \= Left Wing \= Democrat

tend to welcome government involvement in people’s lives, especially and particularly when said involvement serves to advance equality more government

Conservative \= Right Wing \= Republican

generally resist government involvement in people’s lives, only wanting it there to maintain order and protect rights (police) less government

The Grid Spectrum

More Government Control (O) over Economic Issues LiberalAuthoritarian More Government Control (O) over Social Issues AuthoritarianConservative Less Government Control (L) over Economic Issues LibertarianConservative Less Government Control (L) over Social Issues LiberalLibertarian

Most Americans…

… are moderate on the political scale.

Constitutional Interpretation

Liberal LooseChanges with the timesBroad interpretation Conservative TightNO changeStrict interpretation

Poll

Mass Survey asking a large group of people, with a random sample, about their positions on social issues, laws, or politicians

Benchmark Poll

taken at the beginning of a campaigngauge how people feel about a certain issue or candidatecompare to future polls to measure change

Entrance/Exit Poll

taken outside polling areashence the name, as they’re taken directly before or after one votewilling voters are asked who they are or what they voted for

Tracking Poll

like a benchmark pollbeginning of campaignasked about opinion on issue or candidatemeasure changebut the future poll is taken with the same group of people

Focus Group

10-40 people gathered to converse about issues/candidates alternative to polling used to understand the public opinion They are less scientific and all-around representative of the country, but they do provide deeper insights and greater nuance

The Ideal Polling Recipe

Randomized and Representative Sampling

Ask Comprehensible Questions

Fair, Unbiased, and Unambiguous Wording

Include some Questions With Multiple Responses for better Analysis

Ask Useful Questions

Have a Large Enough Sample Size

Randomized and Representative Sampling

allows polling of a representative cross-section of the publicorganizing people into different categories that will produce useful information (men v women, different age groups, by socio-economic classes, etc.) Don’t just survey one type of person, group, etc.

Ask Comprehensible Questions

the question actually makes sensethings that people will have some basis for forming an opinion on (ie personal experience)so people don’t just give up and choose any random answer

Fair, Unbiased, and Unambiguous Wording

nothing loaded, emotional, or steering towards a specific option, or else it won’t really represent what the public thinksdon’t influence, just observeagain, things people can wrap their heads around

Include some Questions With Multiple Responses

for better analysis

Ask Useful Questions

answers will generate changenothing trivial; no favorite colors, numbers, food, etc.

Have a Large Enough Sample Size

low margin of errortwo people is not enough.

Politicians’ Use of Polling Data

collecting info…on how to conduct their campaign (focus group/jeans)to shape policyto inform votes on bills and actionsself-promotion to the publicresearch on the oppositionand changing to have greater appeal than themGain support from donors boost approval levels in some way

Politicians Ignoring Polling Data

trustee modelloyalty to a particular interest group (donors)unconcerned about reelectionstrongly partisan voting in constituencylame duck periodjust becausebelief the public opinion will change

In a Democracy…

… citizens’ preference s supposed to guide policy, but America is a melting pot; it’s very diverse public opinion on issues variesmost Americans not appropriately politically literate

Melting Pot

Nation of nations lots of immigrations

Immigration Trends Through the Years

Early America: northwest Europe Late 1800s: south and eastern Europe 1900s-2000s: hispanics and asians reflects the attitudes and beliefs of politically participating citizensand our diversity is still growing!

Assimilation

Assimilation is when a group or person adopts the dominant culture's norms, values, and behaviors via education, socialization, or intermarriage most immigrant groups assimilate within a few generationsa persistent and unfounded fear of immigrant groups never assimilating leads to negative perceptions of said groups

West and South Regions of America…

… have been on the rise in population sun belt migrationmigration to Texas, Arizona, Floridapolitical power of these areas increasemore population \= more House seats \= more influence on public policystronger voice!

Political Suicide:

attempting to do away with Social Security or Medicare great importance of elders in politics because of what A LARGE GROUP OF CONSISTENT VOTERS THEY ARE

The more ethnically diverse generations

The younger generations

The balancing dynamic of individual rights and government efforts to promote stability and order

has been reflected in policy debates and their outcomes over time See also “Why does public opinion change?”See also “Tolerance and Time”

Why does public opinion change?

Major Events Great Depression \= acceptance of government welfare Values and Norms Change more interaction among groupstolerance Decreased importance of religion and religious dogma Does it truly affect stability and order?

Tolerance and Time

Tolerance ∝Time (usually) Gay Rightsgreater tolerance and acceptance over timedifferent policy OUTCOMESlegalized marriage

Partisan Gaps on Social Issues

They exist, but both parties follow the same general trend

Keynesian Economics

Also known as bottoms-up economics an economic philosophy encouraging government spending to promote economic growth ”If demand is too high, the government should take money out of the economy by taxing more (taking wealth out of citizens’ pockets) and/or spending less.”“… government begins public construction projects. Not only are unemployed construction contractors put to work, but bricklayers, electricians, and plumbers are too. With an income once again, these workers can afford to buy products and services”throwing money to people in need of it so they can buy ‘n such chiefly Liberal-aligned

Supply-Side Economics

Also known as trickle-down economics an economic philosophy encouraging tax cuts and deregulation to promote economic growth essentially, giving more money to the rich soy can “afford to hire more people or raise wages” chiefly Conservative-aligned

Fiscal Policy

Government decisions about influencing the economy via lowering/raising taxes and/or spending CONGRESS

Monetary Policy

Government decisions about influencing the economy via controlling money supply and interest rates ”the actions of central banks to achieve macroeconomic policy objectives such as price stability, full employment, (etc)”making it easier to borrow money by lowering interest rates on money borrowed from BANKS bureaucracy

The Federal Reserve

”The Fed” An independent federal agency determining US monetary policy w/ the goal of stabilizing the BANKING SYSTEM and promoting economic growth

Liberals support 1

environmental standards for businessesminimum wageworkplace safety regulationSEC (Securities and Exchange Commission)as a watchdog

Liberals Oppose

government regulation of media”big brother”

Liberals Support 2

Larger Government Higher taxesHigher spending”safety net”promote fairness \= more regulation

Liberals Support 3

same-sex marriagepro-choicelegalized marijuanaaffirmative actionObamacare/Medicare/Medicaidother programs promoting equality

Conservatives Support 1

use of natural resources in businessless government regulation of resourcessupply and demand wagesless “red tape” in the workplaceprivatize social security and stock market