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2 Types of Democracies
Pure/True/Direct Democracy
Representative/Indirect Democracy
Pure/True/Direct Democracy
type of democracy
Every citizen votes on Every issue.
Representative/Indirect Democracy
type of democracy. also known as Republican democracy
People vote for people to represent their interests.
the U.S. has a representative/indirect democracy.
3 Ways of Fragmentation of Powers
Separation of powers
Checks and balances
Federalism
Separation of Powers
type of fragmentation of powers
separation of powers into three branches to carry out the three major functions of government
pass laws
execute laws
interpret laws
allows ambition to counter ambition, to prevent any one authority from monopolizing power.
Legislative Branch
Executive Branch
Judicial Branch
Legislative Branch
fragmentation of powers-separation of powers
U.S. Congress
Makes laws, declares war, ratifies treaties, and levies taxes.
Article 1
Executive Branch
fragmentation of powers-separation of powers
U.S. President
Enforces laws, conducts foreign affairs, and commands the armed forces.
Article 2
Judicial Branch
fragmentation of powers-separation of powers
U.S. Supreme Court
Interprets laws and the Constitution, ensuring they comply with it
Article 3
Checks and Balances
type of fragmentation of powers
Create a mixture of powers that permits the three branches of government to limit one another. (A check is a control one branch has over another’s functions, creating a balance of power.)
Examples:
Executive checks legislative
President can VETO law by Congress
Legislative checks executive
Congress can OVERRIDE veto
Legislative checks executive
Congress can IMPEACH president
Judicial checks legislative and executive
Judiciary can rule law UNCONSTITUTIONAL over congress and executive
Federalism
type of fragmentation of powers
division of powers between federal and state governments
5 Compromises of Constitution
constitutional convention: 1787
constitution written: 1789
Great Compromise/Conneticut Plan→state representation in national legislature
Virginia Plan:
New Jersey Plan
Congress the power to regulate commerce but not to tax exports.→ Southern delegates feared the national government would impose an export tax on their agricultural goods.
Slave trade could not be banned before 1808.→Southern delegates feared the national government would impose an export tax on their agricultural goods and interfere with slavery.
3/5 Compromise→population-based representation for Congress and less taxation
Bill of Rights→Federalists agreed to include 10 amendments that explicitly outlined and protected people’s rights to get Anti-Federalists vote for ratifying the Constitution.
Federalists
Anti-Federalists
Great Compromise
compromise of Constitution (between big and small states)
Virginia Plan: large states wanted population-based representation in Congress
New Jersey Plan: small states wanted equal representation in Congress
= Great Compromise: established Bicameral Legislature
Senate: equal, 2 senators per state
House of Representatives: population based, minimum of 1 representative
Bill of Rights
compromise of Constitution (between supporters of strong central gov and weaker central gov)
Federalists agreed to include 10 amendments that explicitly outlined and protected people’s rights to get Anti-Federalists vote for ratifying the Constitution.
Federalists: strong central government
James Madison, Alexander Hamilton, and John Jay (writers of Federalist Papers)
Anti-Federalists: against strong central government
Patrick Henry, George Mason, and Richard Henry Lee
4 Principles of Constitution
Separation of Powers & Checks and Balances
Federalism
Limited Government
Judicial Review
Limited Government
principle of the Constitution
the powers of government are limited by the rights and liberties of the governed.
basic to the very idea of constitutional government; people give the government listed powers and duties through a constitution, while reserving the rest to themselves.
Civil liberties and rights guarantee the openness and competitiveness of the political process, which is not only the right to vote but also the freedom to dissent, demonstrate, and organize to produce alternatives—this makes voting meaningful.
Judicial Review
principle of the Constitution
power vested in the Supreme Court/judicial branch to decide on the constitutionality of the acts of the government (local, state, and federal).
4 Methods of Changing the Constitution
Amendments
Judicial Interpretation
Legislation
Custom
Amendments
Least common method of changing the constitution
Article 5 (V): provides methods for adopting amendments
Amendments may be proposed by a two-thirds vote of each house of Congress or (if requested by two-thirds of the state legislatures) by a national convention called by Congress.
They must be ratified by conventions in three-fourths of the states, or by three-fourths of the state legislatures (the choice is up to Congress).
Note, the president is not involved.
Judicial Interpretation
Most common method of changing the constitution
Process by which judges interpret the law, including the Constitution, legislation, and other legal documents for Supreme Court cases
Legislation
Congress driven
Process of making laws, or the laws themselves, that are passed by a governing body. This process involves drafting, debating, and voting on proposed laws
Custom
informal but widespread way of changing the Constitution (Many practices considered constitutional are not mentioned in document)
Ex: growth of political parties and their role in Congress, the presidential nominating conventions, the breakdown of an independent Electoral College, and the committee system in Congress
Via established practices and traditions that evolve over time, without formally amending the text itself
5 President-Related Terms
Election
Electoral College
Going Public
Power to Persuade
6 Roles
Election
Nomination Phase (Caucus or Primary)
General Election Phase
presidency term
2 Phases:
Nomination Phase: Deciding who the party’s presidential candidate will be. 2 Ways:
Caucus: Meetings run by political parties that are held at the county, district, or precinct level. Some caucuses choose candidates by secret ballot. Others require participants to divide themselves into groups according to the candidate they support. Undecided participants form their own group. Each candidate’s group gives speeches and tries to get others to join their group. At the end, the number of delegates given to each candidate is based on the number of caucus votes they received.
(1st held in Iowa) → Completely inefficient. Made for small towns/locales. Candidates and their campaigns show up and then we vote (several cycles until 1 candidate is decided)
Primary: Voters choose their preferred candidate anonymously by casting secret ballots. The state where the primary is held takes the results of the vote into account to award delegates to the winners. 2 Types:
Open Primary: open to all voters, regardless of their political party affiliation. They give voters freedom when casting their vote. This is because registered voters can privately vote in either party's primary.
Closed Primary: Voters in states with closed primaries must register with a political party before voting in the party's primary (people registered as Republican must vote for the Republican candidates). Independent and unaffiliated voters cannot vote.
first state to carry out primary election is New Hampshire
TX have open primary; a person can technically vote for democratic and then change their mind later and vote for republican
Election Phase: candidates are chosen and begin campaigning September up to Election Day in November; electoral college process in December; votes counted in January; Jan 20 president inauguration day
Stages of Nomination Phase
Exhibition Season
Media Fishbowl
Super Tuesday
Mop-up Stage
National Convention
Balance the Ticket
Exhibition season: happens years before they run, testing the waters, see who else is running, what kind of funding can they receive (mainstream money matters, it must go to you)
Media fishbowl: media take over Iowa and New Hampshire during new caucus and primary
These races do not determine who will win or the frontrunner but determines who will lose (if they don’t do well, they drop out)
Super Tuesday: block of states votes together
By Tuesday, you know who the nominee will be for the parties
Mop-up stage, June: whichever states have not voted, they will vote then
National convention: the party formally elects nominee for party, that nominee presents his platform and nominates/selects his VP running mate
Choosing VP is meant to balance the ticket: if the pres candidate appeals to one section of electorate, the VP chosen should appeal to another section of electorate
Ex: obama (inexperienced in DC) and biden (old school, experienced); trump (controversial, used to be democrat) and pence (evangical christian, mighty man; mainstream republican to get him popular with them)-issue was morality and religion; biden and harris (man and woman, old and young); trump and vance (old and young, not born rich)
Electoral College
presidency term
the final decision maker of the next President
Article II
House: 435
Senate: 100
District of Columbia: 3
= 538 total electors
all states use winner-takes-all-system except Maine and Nebraska-Congressional District Method
Each state is granted as many electors—members of the Electoral College—as it has Senators and Representatives combined.
the electors’ votes within each state are added up, and the candidate with the most votes receives all that state’s votes in the Electoral College (except for Maine and Nebraska, which do not use this “winner-take-all” system)
If any candidate has a national majority of Electoral College votes—270, which is 50 percent plus 1—they become president.
If no candidate wins a majority—because several candidates have split the votes or two candidates have tied—the Constitution provides that the election will be decided by a majority vote in the House of Representatives, with each state’s delegation casting one vote.
Faithless Electors: electors who don’t vote for the party candidate they pledged to vote for
Runoff Election: second election/people revote when a candidate does not receive clear majority
If no Presidential candidate reaches 270 votes then how is the outcome determined-Congress:
Representatives decides President
Senators decides Vice President
Going Public
presidency term
“going public” has become an essential part of presidential power. A president with visible national public support can increase his overall prestige within Washington as well as his influence on a specific issue.
By rallying public opinion, pressure can be brought on official Washington—usually Congress—to bypass a bill and support the chief executive.
major result of the president’s powers and roles is his influence over mass opinion; the president’s visibility, as a symbol of the nation and as a single human being compared with a frequently impersonal government, gives the chief executive a great deal of public support in the political game.
Examples:
Press conferences (most frequent), Tv interviews, Social media
Franklin D. Roosevelt; Fireside Chats
Pushing for the passage of New Deal legislation
Donald Trump; social media, daily tweets
Took control of the entire news cycle for that day
Power to Persuade
presidency term
based on prestige
If you are a popular president, then people want you to campaign them / if you aren’t, people do not want you to come to their district
More popular = more power
Presidential Coattails: If you are a popular president, your coattails are long
Elected officials will benefit by belonging to the same candidate as a popular president candidate
6 Roles of Presidency
commander in chief
chief executive
chief of state
chief diplomat
chief legislator
party leader
Commander in Chief: head of military
congress holds the power to declare war, but president often initiates nation’s involvement in international conflicts and congress supports it by appropriating money/funding for armed forces
Chief Executive: ability to carry out and execute laws
His directive illustrated the president’s authority as chief executive, which comes from Article II: “The executive Power shall be vested in a President of the United States of America.”
Chief of State: nation’s symbol
Chief Diplomat: power to establish relations with foreign governments
the president has the power to establish relations with foreign governments, to appoint U.S. ambassadors, and to sign treaties that take effect with the consent of two-thirds of the Senate. Because of its involvement in treaties and need to approve executive appointments, the Senate has been the legislative chamber most involved in foreign affairs. But the Senate’s power to approve or reject treaties has been limited because most international agreements by the United States never reach the Senate
Chief Legislator: power of the (no line-item) veto, lobbying for legislation support
If President disapproves of a bill passed by Congress, he may refuse to sign it and return it to Congress with his objections; usually used to threaten to influence a bill while it is still being considered by Congress
Pocket veto: refusing to sign bill within 10 days of Congress adjourning
Congress may override President veto by 2/3 votes of those present and voting in each house
Lobbies the Hill for support; pressures individual members, offers to fund pet projects for their states, and tolerates changes in his bills to allow for local congressional interests.
Party Leader: head of political party
give him right to choose a VP after his own nomination, to distribute offices and favors to the party, and to demonstrate that he is trying to fulfill the party platform (the party’s program adopted at his nominating convention)
Chief campaigner + fundraiser for his party
Congress
Theories of Representation
Incumbency Advantage
Leadership in House and Senate
Committees
How A Bill Becomes Law
Redistricting
Theories of Representation
1. delegate theory
Congress members know what the people want and vote according to what the constituents want
It is rare to interact with congressmen and communicate our needs and wants
Make decisions based off political parties and trends
Primarily off of!! Works on demographics (religion, age)
Ex: catholic, pro life
Ex: older, medicare
2. trustee theory
Constituents trust that congressmen will do what they need to do
3. politico theory:
Combination of the two
Delegate theory – domestic affairs
Trustee theory – foreign affairs
Incumbency Advantage
currently serving
If you are a strategic politican, you will not run against an incumbent, only when there is an open seat (because the chances of winning are slim, rerunners are more typically winners)
Incumbency Advantage
1. !!!!!! Most important, name recognition
Voting for the familiar name
Jesse Jackson jr
2. familiar with the law-making process and place
Have relationships in congress
Have favors owed because of relationships
Expertise in certain areas because of committee experience
Seniority (amount of time you’ve been there)
3. Money.
Giving money to the person who is projected to more likely win; candidate with more money will then definitely win
4. casework – constituency services
How congressman serves the public (acts as liaison between the people and federal government)
Win-win: people went to congress to try to communicate, congressman responses or at least an effort was made
5. credit claiming – pork barrel/ing project
Bringing federal money into district
Fat on a bill that goes to different states
Congressmen bring money into state and then claim they were the reason
The Frank / franking privileges
Free mail (paid by taxpayers)
Postage paid
Congressmen tell what they have been doing in congress, what they sponsor and author to constituents
Score from interest groups included in the mail
7. access to media
Challenger has no access to media; they would have to do something sensational versus an incumbent who has high access
Experience running campaign
Leadership in House and Senate
Congress: Leadership structure and operations
Congress
House
Speaker of the house: most powerful person because of his role in the house
1. influences committee assignments (congressmen want to be on certain committees, usually those that benefit constituents)
2. assign bills to committee (knowing whether committee will kill it or pass it influences their decision)
3. determine who will be recognized on floor
4. what and when bills go up for debate
Next in line, majority leader: right hand man for speaker of the house
Majority whip: tries to persuade congressmen to vote for majority party
responsible party government-votes for their party loyally
We do not have this because of influence of constituents—they vote based off they want because that's how they become reelected
Minority leader: very powerful, but it is potential power
Usually becomes speaker of the house (potential power) when party control switches
This is not automatic, there must be a vote
Minority whip: same as majority whip, just for the minority party
Senate
Majority leader: most powerful person in terms of everyday operation
Roles and responsibilities are the exact same as speaker of the house
Vice president: president of the senate
Tasked with breaking ties (lots of influence)
Do not preside over chambers/hearings because they are busy
Next in line, President pro tempore: longest serving member of the majority party in the senate
Acts as temporary president
Very old, doesn’t do grunt work
Junior senators: select people to preside over hearings
Prestigious position and honor to be selected
How a Bill Becomes Law
Bills can only be introduced into congress by a congressman
Bill is assigned to committee, then subcommittee
Thats why we like to reelect, because they become experts
Majority vote
Bill then goes to rules committee in the house (no rules committee in the senate because they are a smaller group of 100, less unruly) sets the parameters for the debate about the bill
House/senate floor: bill goes to floor for debate
Leaves with majority vote/approval once more
Conference committee: senate and house members revise the bill before sending it out to president
Do not happen dead last, steps may overlap with one another
Bill goes back to floor of house/senate for a vote
Nothing can be added; must vote up or down as it is
If the bill is voted yes, bill goes to president
Sign it or veto the bill
If 10 days goes by and the president doesn’t do anything and the congress is still in house, the bill becomes law
If 10 days goes by and congress adjourns and the president doesn’t do anything, a pocket veto occurs
Filibuster: unlimited debate during proposal of legislation on senate floor
Theres a bill they are considering to debate, and senator talks and talks nonsense because people cannot vote until he is done
Stall vote of a bill or nominee so that whips can walk around to get them to vote a certain way
Cloture vote: how to end filibuster, 60 votes / 3/5
Committees
Standing committee: permanent, align with different bureaucracies, everything happens in these committees
Joint committee: composed of house members and senators, deal with logistics on the Hill (what should the hours be for the library of congress, etc.), not very influential
Conference committee: composed of house members and senators; very important because they receive the house and senate version of bill, and work to make one bill from it (compromise, cut things out, add things, to ensure both groups are happy and there are no unhappy differences with what will be submitted to congress)
Special/select committee: temporary, put together when they are need and disband when they are no longer needed
Redistricting
redrawing of district lines
Who typically does redistricting?
State legislatures
What are the things considered/criteria for redistricting?
Compact
Contiguous (cannot be broken up)
Consistent with interests
Consider political subdivision
Protect the incumbent congress member
What is gerrymandering?
Redrawing of district lines for a political purpose/gain
What is cracking?
Dividing up the minority into separate districts to weaken its influence
Diluting → disperses electoral strength
What is packing?
Over-Concentrating electoral strength in a district
What did the Voting Rights Amendments (1982) say about gerrymandering?
If the result of a districting plan is discriminatory it may still be unconstitutional as a result
What did Miller v. Johnson (1995) decide about gerrymandering?
If race is a predominant factor in redistricting then it is unconstitutional
Party
Causes of Two Party System
Historic Dualism (Federalists and Anti-federalists)
Moderate Voter
Electoral Structure
Self Perpetuation
Flexibility of Parties
Divided Government
Policy inaction/Gridlock
Scandalmongering
Blame Game
Accountability Issues
Partisan Realignment
shift in electoral base of party system, Solid South and emergence of Dixiecrats as a result of the end of radical reconstruction (1877-1990)
Judiciary
Strengths and Weaknesses
Strengths:
Prestige: being a judge is seen by society as an honorable position
Fragmentation of power
Law: lawyers learn a language that laypeople don’t know. Other lawyers serve as constituents to the court, vested interest in making the court legitimate.
Weaknesses:
Requires there is an actual case/actual injured party, lawsuit against state, foreign diplomat—other cases go to lower courts
Does not resolve political questions, only concerned whether case is constitutional.
Relies on precedent/state decisions.
Consistency, continuity, stability across decisions.
Judicial Activism and Restraint
Judicial Activism: “liberal” approach; judges base decision on personal view and current, broader societal implications
very active, Court should be a creative partner with the legislative and executive branches in shaping government policy; seek to apply the Court’s authority to solving economic and political problems ignored by other parts of the government.
Judicial Restraint: “conservative” approach; judges base decision strictly on historical documents (constitution, periodicals, and federalist papers-federalist biased, propaganda)
very passive, allows other branches to take care of issues: the Court should not impose its views on other branches of the government or on the states unless there is a clear violation of the Constitution.
Judicial Review
established by Marbury v Madison by John Marshall-first time the Court struck down an act of Congress
Jurisdiction: a court’s authority to hear cases and make legal decisions. Jurisdiction refers not only to a court’s geographic scope, but also whether there is a federal or state question at hand.
supreme court jurisdiction determined by parties includes cases involving ambassadors and other foreign representatives, controversies in which the United States is a party, and controversies between two or more states or between a state or citizen of the United States and a foreign citizen or state
district courts: courts with original jurisdiction is the first court to hear and decide a case.
appellate courts: courts with appellate jurisdiction reviews decisions made by lower courts.
Supreme Court: original and appellate jurisdiction
memorandum orders—The method by which the Supreme Court decides most cases without the need for oral arguments.
Writ of certiorari—An order to the lower court to send the entire record of a case to the higher court for review.
Political Institution
final decision of constitutionality of decisions and laws
Recruitment
Administration sends president of potential nominees for president to choose
President chooses someone and formally nominates them
President sends nomination to senate
Once it arrives at the senate, it goes to the senate judiciary committee
Committee (1-2 senators) meets with nominee and ask any questions
Senators come out with majority vote
Nominee sent to full senate
Full senate comes out with majority vote
Nominee goes to president
President signs commission
Commission must be delivered to nominee (learned this in marbury vs madison)
President bases choice on:
Political party
Qualifications (don’t have to be a lawyer to be a judge, but usually include being a lawyer)
Ideology
Electoral Participation
Who Votes?
socioeconomic status
education is the most important factor!
higher income = more social circles that care or are involved in politics
age
As you get older, you become more familiar with the voting process, no trepidation with going
As you get older, you become attached to a party (you have seen how it goes with one or another party is in power)
Older people’s social circles-you'll know people who will be elected officials and motivate you to become more engaged
18-25 year olds vote the least (i believe)
gender
Gender= 1920, 19th amendment women gained the right to vote (1870 = universal male suffrage)
When they did begin to vote as their husbands told them, not much independence, first years; its equaling out now
race
White Americans vote more until you control for SES
If you are comparing a white and black person who have the same education and income level, they voted at the same right
However, there are more racial minorities that are lower SES, so white americans vote more remains true because they are higher SES
marriage
Married couples vote more because they are more stable in residential status, have children, more issues that affect them (healthcare, childcare)
Profile of American voter
White
Married
Male
Older
Wealthier than others
Well, educated
Vote Choice
Number one cue used when choosing to vote for someone: party ID
R or D by name
Voting based on issues
Single issue voters: one issue they are particularly passionate about, all they need to know is that candidate’s stance on that and vote based on that alone
e.g., abortion, capital punishment, immigration stances
Candidate evaluation
Will actually research candidates before making a decision to vote (research congress and congressional candidates-governor and senator--> name recognition)
seen as “sophisticated” voters
Passive Consent-theory of low voter turnout
“I don’t vote because my life is fine!” → “Whether there is a democrat or republican in office, my life doesn’t really change”
Uninformed
People that are not voting, are not informed → so some people are happy that we have low voter turnout because only the “informed” vote
BUT we’ve seen that even some people that vote aren’t informed either
Motor Voter Law/Universal Registration Act (1995)
Allowed absentee voting (a vote cast by a person who, because of absence from usual voting district, illness, or the like, has been permitted to vote by mail.)
Registration for voting with drivers license
Very effective in raising registration numbers
Did not really make a difference in voting turn out
Media
Role of Media
4th branch of government
Information source
Gatekeeper: decides what we and wont pay attention to
What we know about, what we think matters, what we are concerned about
Agenda setting: Agenda-setting means presenting national priorities—what should be taken seriously, what should be taken lightly, and what can be ignored altogether. “The media can’t tell people what to think,” one expert put it, “but they can tell people what to think about.” The attention the media give to the pandemic, climate change, or the war in Ukraine will affect how important most people think these issues are. The headlines at the top of a news webpage or the lead on the evening newscast make some events, issues, or people more significant than others.
framing: Framing defines problems, suggesting how we should see issues. Media coverage can present, or frame, an issue in many ways.
Watchdog
Watchdog journalism is a form of investigative journalism where journalists, authors or publishers of a news publication fact-check and interview political and public figures to increase accountability in democratic governance systems.
Sensationalization
Stories they Have Access to
Stories they can simplify
Known As What (???)
Media are those means of communication that permit messages to be made public.
paid media versus earned media
Narrowcasting
a communication strategy that targets specific, defined groups rather than the general public. This contrasts with broadcasting, which aims to reach a wide audience. It's about delivering information or messages directly to particular segments of the population, like supporters of a candidate or voters with specific interest
But in a more competitive marketplace, this has changed. Media outlets have turned to narrowcasting in their programming. Networks like Fox News and MSNBC accept that their politically biased content will not appeal to all (or even most) Americans, but they adopt an agenda and frames that are tailored for a particular group of viewers. So on the same night, Fox may run stories blaming rising inflation on the Biden administration, while MSNBC covers Republicans’ role in the January 6, 2021 storming of the Capitol. (See “The Fox Effect.”)
Campaigns
Successful Campaigns
Money (is king)
Able to get media coverage
Produce and pay for commercials
Advertise
Schedule time effectively
Have to be choosy (e.g., if you are a republican skip text; if you are a democrat, skip texas—or at least plan really well, do fundarising and get out quickly)
Cant win those states but may be able to get some money
Convey position on issues
Opposition research
researching/Finding any dirt on your opponent you can use against them (bad vote to true scandal)
Political Consultants Job: political consultant is a professional who provides advice and strategic guidance to individuals, organizations, or campaigns involved in political activities. They offer expertise in areas like campaign planning, public relations, media strategy, research, and fundraising. Essentially, they help navigate the complexities of politics and help clients achieve their political goal
Develop strategy
Develop campaign theme/slogan
Campaign colors
Primarily red white and blue but sometimes can be different
Monitor campaign progress
Polls (where do you need to go, what do you need to say, etc based on what the people say)
Plan media appearances
Coach candidates for debates
Have someone act as your opponent as they try to coach you (appearances and talks)
ex: reagan or bush?
Negative Campaigning: the strongest approach to campaigning; however, most politicians try to not use unless the race is tight
People tend to focus on the negative (scandals) over the positive (accomplishments, strengths)
Examples: trump against barac obama (wasn't born in the US); clinton (scandalous emails); harris (son’s, hunter’s, laptop)
All hurt their standing in the race in some effective way
Civil Liberties
Bill of Rights
Types of Speech
Protected: Political speech, symbolic speech.
Political speech: involves verbal or written communication about public issues and political figures
Symbolic speech: conveys messages through actions, symbols, or conduc
Not Protected: Libel, obscenity, incitement.
libel: published false statement that is damaging to a person's reputation; a written defamation
obscenity: material, acts, or expressions that are offensive, vulgar, or morally repugnant, often with a sexual focus. It is a legal term that designates certain depictions of sex that are not protected by the First Amendment. Obscenity laws vary by state, but generally aim to prohibit lewd or extremely offensive words or pictures in public.
incitement: act of provoking, urging, or stirring up another person to commit a crime or other undesirable action; encouraging someone to do something wrong, either through words, actions, or implications. In legal terms, incitement can be a crime in itself, especially when it leads to violence or other illegal activities.
Establishment Clause
The Establishment Clause of the First Amendment to the United States Constitution prohibits the government from establishing or endorsing a religion. It ensures a separation between church and state, preventing the government from favoring one religion over another or creating a situation where religious beliefs are forced upon individual
Free Exercise Clause
The Free Exercise Clause of the First Amendment to the U.S. Constitution protects individuals' rights to practice their religion freely, without government interference. It prohibits the government from making laws that prohibit or impede the free exercise of religion. This protection extends to both religious beliefs and practices, but it's not absolute.
Bill of Rights
habeas corpus: a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Civil Rights (Era)
Two Phases of Reconstruction
Presidential Reconstruction (1865-1867)
period from 1865 to 1867 when President Andrew Johnson oversaw the reintegration of the former Confederate states into the Union. Johnson's plan built upon Lincoln's Ten Percent Plan and focused on restoring the political status quo in the South as quickly as possible.
Ten Percent Plan, also known as Lincoln's Reconstruction plan, was a proposal by President Lincoln to facilitate the readmission of Confederate states into the Union after the Civil War. It outlined that a state could rejoin the Union once 10% of its voting population took an oath of allegiance to the United States. This oath was a crucial step for those states to begin forming new governments
Congressional/Radical Reconstruction (1867-1877)
hase of Reconstruction in the United States that focused on establishing the political and civil rights of formerly enslaved people in the South, according to the U.S. House of Representatives: History, Art & Archives (.gov). It was characterized by the efforts of Radical Republicans in Congress to implement more stringent conditions for the readmission of Confederate states into the Union and to ensure the rights of African Americans
Solid South
post reconstruction, Solid South (Democrat) never voted for Republican because of reconstruction
Solid South was the electoral voting bloc for the Democratic Party in the Southern United States between the end of the Reconstruction era in 1877 and the Civil Rights Act of 1964.[1][2] In the aftermath of the Compromise of 1877 and the failure of the Lodge Bill of 1890, Southern Democrats disenfranchised nearly all blacks in all the former states of the Confederate States of America during the late 19th century and the early 20th century.[3]
During this period, the Democratic Party controlled southern state legislatures and most local, state and federal officeholders in the South were Democrats. This resulted in a one-party system, in which a candidate's victory in Democratic primary elections was tantamount to election to the office itself. White primaries were another means that the Democrats used to consolidate their political power, excluding blacks from voting.
Civil Rights Amendments
13th (abolish slavery)
14th (equal protection)
1868 citizenship, due process, equal protection-any states who seceded from the union had to ratify 14th amendment to join back
15th (universal male voting rights)
(Women got voting rings in1920 with the 19th amendment)
Catalyst for Civil Rights Movement
Brown V board of education
1954 / 1955 (two trials because they didnt do it the first time-second one aiffrmed it with deliberate speed)
Overturned plessy v ferguson
Doll test – thurgood marshall used to support the psychological, tangible impacts of separation “separate is inheently unequal
Our schools are more segrated today than back then because of money and where people are live, distrcting
Rosa parks
Began montgomery bus boycott 1955
Could not accept rides from employers to get to work to sacrifice for boycott
Collective action effort that could not be replicated
Effort created a civil rights leader – martin luther king jr
Emmet till – 1955
Open casket funeral
Images went from black owned magazine to times, pictures went international
Height of cold war
Civil Rights Act 1964
The Civil Rights Act of 1964 was a landmark civil rights and labor law in the United States that outlawed discrimination based on race, color, religion, sex, and national origin. It prohibited discrimination in employment, public accommodations, federally assisted programs, and voting. The act was signed into law by President Lyndon B. Johnson on July 2, 1964.
Voting Rights Act of 1965
No prequesites to voting (gender, race, ethncity, etc.)