ITAP midterm

liberal democracy

emphasizes the separation of powers, an independent judiciary and a system of checks and balances between branches of gov

totalitarianism

gov that is centralized and dictatorial and requires complete subservience to the state

authoritarianism

enforcement or advocacy of strict obedience to authority at the expense of personal freedom, lack if concern for the wishes / opinions of others

Separation of powers

\-Articles I, II, III are part of the separation of powers
1: Legislature (Congress), law making
2: Executive (Pres+branch), implementing
3: Judiciary, only specifies the Supreme Court
\-Public law- any case that involves citizens liberties
5: Amendment process, how to change the constitution (4ways), super hard
\-⅔ both houses of Congress -if yes than- ¾ of all state legislature
\-Constitutional Convention

Madison's concept of human nature

(1) human nature (nature is dangerous) similar to Hobbes

(2) more inclined to oppress each other than to cooperate for the common good (solution) parallel to modern economic theory, free market

Madison's concept of faction

(special interest) \n -people/group united by a special interest \n -bad because they are humans and therefore power hungry (solution is to separate powers) \n Stimulate and diversify factions (pit factions against each other, to keep any from becoming too powerful)

Universalism/absolutism

there IS one answer, one political ideology is superior and better than all the others (ice cream)

Relativism

no right answer, answer is relative to situation and opinion, some views and needs differ (ice cream)

Classical liberalism (classical political liberalism)

advocates free market and laissez-faire economics; civil liberties under the rule of law with an emphasis on limited government, economic freedom, and political freedom

rule of law

actions of gov and the citizens conform to the law, and if you wish to change the law you must follow the law

Secularism

separation of the state from religious institutions

Constitution (ratified 1789)

Article of Confederation → Constitution \n -win for the federalists "Strong gov”. wanted to move away from a confederacy, stronger dem & fed security

Powers of congress (Article I, section 8)

Power to tax, pay debt (spending), borrow money \n Regulate commerce \n with foreign nations/states/NA tribes \n regulates drugs \n labor \n Making (printing) money, punishing those who counterfeit it \n Declare War, raise/support/budget(spend) on military

the executive

Law implementation \n Commander and Chief Powers (emergency decision maker) necessary for immediate national security \n President NOT designed to be powerful \n President can issue executive orders (must be within the law)

Populism

range of political stances that emphasize the idea of "the people" and often juxtapose this group against "the elite".

Shays' rebellion (1786-87)

armed uprising in Massachusetts in response to a tax increase. pointed out the weakness within the articles of confederation

Federalists

Made up of Urban elites \n Believe in Larger/stronger central gov, economic interests, pro constitution

Antifederalists

Made up of: More farmers, not AS educated as federalists, \n Skeptical of too much concentrated gov power, pro Bill of Rights

the most commonly used method of constitutional ratification

2/3rds majority at least in both houses of Congress is needed as a 1st step. Then, 3/4ths of all state legislatures approval is need for 2nd and final step.

Bill of Rights (1791)

10 amendments which happened at the same time- address concerns of Anti-Federalists, guarantees of personal freedoms and rights, limitations on the government's power, all powers not granted to the federal government are to the states/people

Bicameralism/bicameral

legislature, one divided into two separate assemblies, chambers, or houses (house and senate)

The Sedition Act of 1798

makes criticizing congress a crime \n attempt to maintain federalist control on gov as Jefferson was inaugurated \n jefferson saw it as a violation of the 1st amendment \n Theme: hard to live up to consistency in individual rights and liberties

habeas corpus

freedom of movement→ right to due process (gov must go through an established process in order to restrict freedom of movement)

takings clause → 5th Amendment

\n Nor shall private property be taken for public use, without just compensation.

Selective incorporation

14th amendment- constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens

Privileges and immunities clause (Article IV)

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor deprive any person, liberty, or property, without due process of law; nor deny to any person within its jurisdiction equal protection of the laws.

Barron v. Baltimore (1833)

ruled that the Bill of Rights restricts only the powers of the federal gov and not those of the state (dual citizenship → fed v state).

Reconstruction amendments

\-XIII 13 (1865)- abolishes slavery \n -XIV 14 (1868)- birthright citizenship, privileges and immunities, due process, equal protection \n -XV 15 (1870)- universal male suffrage

Brown vs Board of Education (1954)

"separate but equal" segregation constitutionally protected

de jure

official (segregation enforced and written by law)

de facto

not official but still a reality (reality of segregation not written in law)

Brown vs Board of Education (1954)

"de jure" (segregation by law) is unconstitutional, overturned Plessy v Ferguson

woman’s sufferage

19th amendment (1919)→ right to vote

affirmative action

practice or policy of favoring individuals belonging to groups regarded as disadvantaged or subject to discrimination.

loving v. virginia (1967)

ruled that state laws barring interracial marriage are unconstitutional.

griswold v. connecticut (1965)

invalidated Connecticut law that made it a crime to use contraception. implied right to privacy in 9th amendment

Roe v. Wade (1973)

recognizing the right to abortion under the implied right to privacy in the 9th amendment

Kelo v. New London (2005)

upheld the city’s use of takings clause to take Kelo's house for land to sell to private corporation

Lawrence v. Texas (2003)

ruled that state laws banning homosexual sodomy are unconstitutional as a violation of the right to privacy.

dobbs v. jackson women’s health (2022)

overturned the constitutional right to abortion (roe v wade)