GOVVVV

Human nature

fundamental dispositions and characteristics — including ways of thinking, feeling, and acting— that humans are said to have naturally

State of nature

a representation of human existence and interaction prior to the establishment of society/government

Social contract

a populations relationship/agreement with a sovereign

Government

the institutions through which a land and its people are ruled

maintaining order, protecting property, providing public goods

Why is government necessary?

Public good

a good that may be enjoyed by anyone if it is provided and may not be denied to anyone once it has been provided; also known as a collective good

free riding

enjoying a public good without contributing to its cost

autocracy

form of government in which a single individual rules

Oligarchy

form of government in which a small group of people controls most of the governing decisions

Democracy

system of rule that permits citizens to play a significant part in government, usually through the selection of key public officials

Constitutional

specific limits are placed on the powers of the government

authoritarian

no legal limits are placed on government although power may be checked by other social institutions

totalitarian

no legal limits are placed on government’s power and the government seeks to eliminate other social institutions that might challenge it

politics

conflict and cooperation over the leadership, structure, and policies of government; conflict over who governs and who has power

Institutions

a set of formal rules and procedures often administered by a bureaucracy that shapes politics and governance

Descriptive representation

citizens can trust representatives to make decisions on their behalf if those making the decisions share their religious, gender, philosophical, or ethnic identities

Agency representation

constituents can hire and fire representatives based on their performance thereby ensuring accountability

Principle Agent Relationship

an agent (elected official) is expected to act on behalf of a principal (constituent) but principals may not always get what they want

New England merchants, southern planters, royalists, shopkeepers, small farmers

What are the notable economic sectors?

Philosophically extraordinary

Protected unalienable rights like life, liberty, and the pursuit of happiness

Politically extraordinary

focused on grievances, goals, and principles that might unify various colonial groups and forge national unity

Articles of Confederation

first american constitution

• 13 sovereign states with weak central gov

• no standing army

• weak executive

• no ability to tax and spend

Political strife, international embarrassment, local rebellion

Key issues faced by delegates at the Constitutional Convention of 1787

Great compromise

provided states with equal representation in the Senate and representation based on population in the House

Three-fifths compromise

postponed divisive issue of slavery by counting each enslaved person as three-fifths of a person for the purpose of apportioning House seats

Virginia and Massachusetts

At the time, which states had the greatest representation in Congress?

2 years, 6 years

House of representative serves _____(years), senate serves _______(years)

expressed powers

powers that the Constitution explicitly grants to the federal government

necessary and proper clause

provides Congress with the authority to make all laws needed to exercise the powers listed in Section 8

lifetime, president, senate

Justices and judges have _________ terms and are nominated by the ______ and confirmed by the _________

judicial review

power of the courts to determine whether the actions of the president, Congress and state legislatures are consistent with the Constitution

supremacy clause

laws and treaties made by the federal government are supreme and superior to state or local laws

separation of powers

three separate branches were created with different sources of power and authority

legislative

passes federal laws, controls federal appropriations, approves treaties and presidential appointments, regulates interstate commerce, establishes lower court system

executive

enforces laws, serves as commander in chief of armed forces, makes foreign treaties, nominates Supreme Court justices and federal court justices, may pardon those convicted in federal court

judicial

reviews lower court decisions, decides constitutionality of laws, decides cases involving disputes between states

federalism

system of government in which a constitution divides power between a central gov and regional govs

bill of rights

adopted in 1791, comprises the first 10 amendments of the U.S. constitution

federalists

favored ratification and a stronger national government; opposed Bill of rights

antifederalists

opposed ratification and preferred a more decentralized government in which state and local needs would come first

Routes of Constitutional Amendment

1) Passage in the House and Senate each by 2/3rd vote → ratification by majority vote in legislatures of 3/4s of states

2) Passage in House and Senate by 2/3rds vote → ratification by conventions called for that purpose in three-fourths of the states

3) Passage in national convention called by Congress in response to petititon by 2/3rds of the states → ratification by majority vote in legislatures of 3/4s of states

4) Passage in national convention called by Congress in response to petititons by 2/3rds of states → ratification by conventions called for that purpose in 3/4ths of the states

first amendment

freedom to express ideas through speech and press, to assemble or gather with a group to protest, protects the right to religious beliefs and practices

Second Amendment

right to keep and bear arms

third amendment

prevents government from forcing homeowners to allow soldiers to use their homes

fourth amendment

prohibits the government from unreasonable search and seizure of an individual or their private property

fifth amendment

people have right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials); serious criminal charges must be started by a grand jury; protection from double jeopardy or being tried more than once for the same crime

sixth amendment

right to speedy and public trial, trial by an impartial jury in criminal cases, and informed of criminal charges; represented by lawyer; right to council

seventh amendment

extends right to a jury trial in civil cases

eighth amendment

bars excessive bail and fines and cruel and unusual punishment

ninth amendment

listing specific rights in the Constitution does not mean people do not have other rights that have not been spelled out

tenth amendment

federal government only has the powers delegated in the Constitution and if it isn’t listed, it belongs to the states or the people

19th amendment

granted women the ability to vote

26th amendment

lowered voting age to 18

13th amendment

abolished slavery

establishment clause

first clause that separated the church and state

free exercise clause

protects citizens’ right to believe and practice whatever religion they choose

lemon test

Government can be involved with religion if

• it has a secular purpose

• if its effect is neither to advance nor inhibit religion

• if it does not create excessive entanglement

free exercise clause

protects a person’s right to believe and practice whatever religion he or she chooses including the right to be a nonbeliever

speech plus

speech accompanied by activities such as sit ins, picketing, and demonstrations

• protection of this speech is conditional and is acceptable only if balanced by considerations of public order

• Court generally looks favorable on conduct that can be considered a form of symbolic expression

prior restraint

effort by a government agency to block publication of material by a newspaper or magazine; censorship

libel

written statement made in reckless disregard of the truth and considered damaging to a victim because it is malicious scandalous and defamatory

slander

oral statement of libelous nature

fighting words

speech that directly incites damaging conduct

due process

requirement that citizens be treated according to the law and be provided adequate protection for individual rights

exclusionary rule

requirement that courts exclude evidence obtained in violation of the Fourth amendment

Miranda rule

persons under arrest must be informed of their legal rights including the right to counsel before undergoing interrogation

federalism

system of government in which a constitution divides power between a central and regional governments

reserved powers

powers not delegated to the national government or denied to the states by the Constitution

eminent domain

state may seize property for public use

concurrent powers

powers shared by both the state and national governments

full faith and credit clause

states are to recognize the actions and decisions taken in other states as legal and proper

comity clause

state cannot discriminate against someone from another state or give special privileges to its own residents

dual federalism

duties and operations of the different levels of government remained more strictly separated; layer cake federalism

cooperative federalism

period of supportive relations and partnerships between the federal government and state government

grants in aid

funds given by Congress to state and local governments to encourage them to pursue specific goals

categorical grants in aid

given to state and local governments earmarked for specific policy categories such as education or crime prevention

project grants

requiring state and local governments to submit funding proposals on a competitive basis

formula grants

formula is used to determine the amount of funds a state or local government will receive

regulated federalism

form of federalism where the federal government dictates the national standards that states must meet or rules that they must follow and penalizes those that do not comply by withholding grant funds

block grants

federal funds given to states with fewer strings attached

state sovereign immunity

states cannot be sued for violating an act of Congress

legislative supremacy

the legislative branch was expected to be the most powerful branch

powers of Congress

lay and collect taxes, borrow money, regulate commerce

divided government

one party controls the presidency while the opposing party controls one or both houses of congress

executive privilege

presidents argue that they should not have to disclose confidential communications with their advisors

civil liberties

protections of citizens from improper governmental action; what government cannot do → bill of rights

civil rights

obligations to guarantee equal citizenship and protect citizens from discrimination; what government must do

dual citizenship

each american is a citizen of the federal government and separately a citizen of one of the states

14th amendment

which amendment does not apply the Bill of rights to the states?

civil rights

rules governments must follow in the treatment of individuals especially concerning participation in political and social life

Seneca Falls Convention

called for equal rights for women and men in 1848

15th amendment

amendment guarantees voting rights for all

equal protection clause

no state shall make or enforce any law which shall deny any person within its jurisdiction the equal protection of the laws

Plessy vs. Ferguson

“separate but equal”

Brown vs. Board of Education

declared separate but equal unconstitutional especially in the field of public education

Civil rights act of 1964

act that expanded federal power to outlaw discrimination against racial, ethnic, and religious minorities and against women

intermediate scrutiny

placing the burden on the government; typically used in gender discrimination; needs to serve an important government interest and be related to achieving that goal

public opinion

citizens’ attitudes about political issues, personalities, institutions, and events