GOVT 2306: Exam 1

Jenna Davis Online

Autocracy

one person rules

Oligarchy

small group of people rule

Democracy

many rule

By population

68% of global lives under autocratic rule, 14% under liberal democratic rule and 19% in limited democracy

Totalitarian

NO limits on gov power

Authoritarian

few legal limits on gov power

Constitutional governments

place substantive procedural limits on what governments can and cannot do

Direct and representative democracy

Direct=vote directly for laws and policies
Representative=allows citizens to vote for someone to vote on laws and policies for them

Political efficiency

The belief that the individual citizens can affect what the gov does

Citizenship Act of 1924

Voting Rights Act of 1965

Native Americans and Alaskans, Asian American

Liberty
Equality
Justice

Liberty=core political value, appears in the constitution and the declaration of independence
Equality=core political value, equality of opportunity

Demographic changes

race, age, living patterns, religion, social economic- determine American political values. Similarly influence Texas political culture

Political culture

broadly shared values, beliefs, and attitudes about how the gov should work and function.
values are what makes up culture

One party dominance

Republican dominance in the state is relatively new

State wide elected offices
Secretary of State
Chambers of the Texas State Legislature

elected under the executive (State Supreme Court Justices and Appeals Court Judges
Secretary of state appointed by governor
Both chambers controlled by republican party
House: 86 Republicans / 64 democrats
Senate: 19 R / 12 D

Provincialism

rural value systems and a preference for limited gov
conservative social value systems, resistance to changes, solutions, emphasis on community and deference to local gov

Business dominance

centered around the growing economic prosperity for the state

Immigration

2010-2020 21 percent international
31 percent domestic (other county)
over 30% population under 18
85% lives in urban centers

Economic opportunity

defined colonial culture during british settlement
also drived conflict with British leadership
By 1760 debts forced the issue on monetizing the success of the colonists for the british gov

Seven Years War

doubled British debt
Part of the war was the French and Indian War- westward expansion bought British conflict with the French and Native Populations
British won war

Proclamation of 1763

banned further westward expansion by colonists
Stamp Act of 165, Sugar Act of 1764, Tea Act of 1773
British issues intolerable acts, infiring on colonial representation, civil liberties, and economic prosperity
Leads to the first Continental Congress in 1774

Second Continental Congress

held in 1776 almost a year after the American Revolution began
Declaration of Independence was drafted

John Locke

British philosopher wrote on limiting monarchical power,and gov operated under a social contract between the people and their ruler
Propted ideas of life, liberty and property
people should have to the right to overthrow a government that is unfair

Thomas Hobbes

wanted greater personal control in government affairs

Montesquieu

french philosopher
wanted separation of gov powers to alternate the opportunity of tyranny

Articles of Confederation

drafted in 1777, ratified in 1781, remained in force until 1788
Was a national gov, weakened for state governments
required states to agree on any amendments to the Article of Confederation

National Congress

declare war, regulate trade, negotiate treaties and issue currency.
Only states could carry out those laws
National gov cannot collect taxes
no standing national army or state militias

Shays Rebellion

Insurgency in Massachusetts-provided the impetus to review the efficacy of the Articles of Confederation and convene for the Constitutional Convention
55 out of 74 attend the Constitutional Convention

Constitutional Convention

2 plans for representation in a federal legislature

Virginia Plan

promoted state representation based on population size( proportional representation)

New Jersey Plan

state representation based on equitable representation

Connecticut Compromise

was forged, creating a bicameral legislature
upper chamber (senate) represented through equitable representation
lower chamber (House of Representatives) represented through proportional representation

3/5 Compromise

enacted to mollify smaller states concerns

Federalists vs. Anti-Federalists

Federalists wanted a strong national government, anti-federalists preferred a weakened federal power, in which faced changes in compromising over the balance of gov power to personal freedoms

Separation of Powers and Checks and Balances

balance power of the executive branch

Protection of Civil Liberties

after the Constitution was ratified, through the promise of Bill of Rights

The Constitution

starts with preamble, then articles (outlining government powers) and ends with amendments

Article 1

outlines power of the Legislative Branch, they create the laws
Bicameral legislature, members of the House of Representatives elected by the ppl to two year terms
Members of Senate appointed by 6 year terms
17th Amendment allowed for the direct election of senators

Checks and Balances

Senate has power to ratify treaties, approve presidential appointments, remove federal officials
have power to taxation and finance, military and naturalization

Necessary and Proper Clause

gives congress its implied powers, covers the bodies daily work (McColloch v Maryland)

Article 2 (II)

outlines the power of the executive branch. It is empowered to act timely and decisively in the best interests in the nation, and structured to enforce the laws
Checks and balances-empower of the executive include the ability to veto legislation, commander in chief, engage with foreign ambassadors and judges, pardon criminals

Inherited powers

include Executive Privilge,Executive Orders, and Agreements
Inherited powers are based on individual presidential interpretation and the Supreme Court and legislature to allow certain actions

Article 3 (III)

outlines power of the judicial branch,judiciary role is to interpret laws
Independent judiciary is a key role for democracy and conflict resolutions within the court aid and maintaining civil order

Supreme Court Justices

appointed by the President, confirmed by Senate, they set their salaries

Judicial review

courts ability to declare actions of the executive or legislative branch unconstitutional, is not outlined in the constitution
Marbury v. Madison

Chevron Doctorine

Supreme Court outurned it earlier this year
allowed for executive and federal gov agencies that fall under the executive to interpret ambiguous laws from congress
Reversing the precedent, now places judges in a position to interpret laws from congress that are ambiguous
Can impact regulatory efforts to protect, environment, air, water, emissions, decisions on student loans

Article 5 (VI)

Provides for the amending of the Constitution, process is complex with only 17 Amendments being added after 1791. Amendments proposed by legislature, must pass both chambers with 2/3 majority vote. Proposal then goes to states, where 3/4 of states need to approve. First 10 amendments were not promised in the Constitutional Convention.

Article 6 (VI)

Discusses the supremacy clause. State laws get placed by federal laws, and binds the 3 levels of government( state, local, federal) in support of the Constitution and the hierarchy of national law

Role of State Constituiton

state the power of source
define the limits of political power
delegate political power
define checks and balances to prevent the concentration of political power
establish local governments
Every State Constitution looks different, and establishes local governments to delegate power even further
Supremacy Clause

History of Texas Constitution

operated under 7 constitutions
Mexican Constitution-1824, country independence from Spain 1821
Coahuila Y Texas-1827
constitution granted rights for security, property, liberty and equality, and included language to curtail the practice of slavery

Santa Anna

adopted a new constitution in 1836,curtailing state power, and predicating the separation of the Texas territory from Mexico

Texas Independence

constitution of 1836, heavily influenced by the American settlers in Texas
10 / 59 delegates invited to the convention in 1836 called for independence lived in Texas prior to 1830
reflected American political values
soaring debt caused a push for annexation by the US in 1842

Constitution of 1845

Texas was annexed and the constitution was redrafted,made amending the constitution extremely difficult

Constitution of 1861

protected slavery within the state and placed emphasis on state rights

Constitution of 1866

accepted abolition of slavery and the rights of formerly enslaved persons

Federalism

a system of government where power is divided between a central and regional governments

Unitary systems

empower central government and confederate systems empower state governments

5 characteristics of federalists systems

1. 2 layers of governance elected by the ppl with different roles and responsibilities
2. a written constitution agreed upon by the majority of sub-national governments
3.sepration of powers between national and sub-national
4. posses a national court system
5.sub-national governance has representation at the national level, to influence national policy

10th Amendment

provides for reserved powers- powers that belong to the states

Concurrent powers

powers that both the state and federal governments share, such as levying taxes and regulating commerce

Full Faith and Credit Clause

requires states to recognize public acts and judicial decisions made in other states

Privilege's and Immunities Clause

provides the states cannot discriminate against persons from another state and cannot give state resident special privildges

home rule

many states (including texas)have constitutional provision, assurances of state interference in local affairs
Texas passed a constitutional amendment for home rule in 1912

Dual Federalism

first era of federalism 1789-1937
specialized functions covering internal improvements,subsidies tariffs, public land disposal
Police power was left to the states
worked for a smaller newer U.S

McCulloch v. Maryland

utilized the Necessary and Proper Clause to expand federal power over banking commerce

Gibbons v. Ogden (1824)

established federal government supremacy in matters to interstate commerce

Cooperate federalism

Great Depression changed act of federalism
Hover maintained unemployment and social assistance (25%)
Roosevelt pushed New Deal Act for ppl to recover economic, got the Supreme Court to approve the New Deal programs: WPA, Social Security Act

Regulated Federalism (1960s-1990s)

federal gov began implementing minimal standards for state policies across environmental protections, social services and education
Preemptions sets were for disabled ppl, water, air, health and safety

New Federalism

emerged same time as regulated federalism
attempted to reserve the level of national government involvement in state affairs

Diffusion

states can be important visionaries for policies, and good ideas will naturally be adopted through the states without mandate from the federal gov

Unfunded mandates

government requirements that come without financial assistance

Nullification Crisis (1832-1833)

the idea of nullification came from decisions made by the federal government that states believed exceeded its powers

Alien and Seditions Act (1798)

series of laws passed by congress targeting immigrants from France and the ability to publish material that was negative towards the government
These acts were not before the Supreme Court, there was reaction from states through the Virginia and Kentucky resolutions

Virginia and Kentucky resolutions

prompted the idea that states could nullify or invalidate- laws enacted by the federal gov they did not agree with, carries on through tariffs of 1828-1832, high tariffs on imported goods

Tariffs

impacted more to the southern states, because they relied on foreign imports, gov of South Carolina took a assertive stance issuing a nullification ordinance on the federal gov to declare the tariffs did not apply to the state

President Jackson

responded to South Carolina about the tariffs, and responded with threats, South Carolina was forced to accept the terms of a more moderated tariff

between the Alien and Sedition Acts and the Nullification Crisis

Supreme Court is moving to expand the powers of the national gov
Marbury v. Madison
McCulloch v. Maryland, Gibbons v. Ogden

1861

Texas seceded from the Union to protect the practice of slavery and further promote state governmental power

13th Amendment

outlawed slavery

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

Reconstruction era

takes place during the dual federalism era
the economic impacts of the Great Depression and the Dust Bowl predicted an increase in federal assistance to Texas

Civil Liberties

areas of personal freedoms constitutionally protected from government interference, different from civil rights
liberties protect from governmental power while rights are assurances of protections by the government

Where are civil liberties found?

both in the U.S Constitution and state constitutions
Bill of Rights, Article 1 of the Texas Constitution, federalists didn't wanted protection from civil liberties, anti-federalists did

low chamber (House of Representatives)

only 17 amendments were passed and 10 out of 12 were ratified by the states

selective incorporation

allowed the courts to tackle civil liberties issues individually, rather than make a decision on the whole

First Amendment

protected several liberties, including the prevention of the establishment of an official religion, the freedom of religion exercice, speech, press, assembly, petition
Establishment of national religion and free practice of religion

Establishment Clause

implementing a national religion, separates religion and government ( church and state)

The Free Exercise Clause

protects the rights of religion practice in the U.S

Speech

hate speech, (discriminatory or offensive) is essentially protected by the first amendment
schools are able to restrict speech id they are viewed as educational forum then public forum
Commercial speech is protected as well
Symbolic speech is protected by courts

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

McDonald v. Chicago (2010)

Supreme Court applied the second amendment to the states

Third Amendment

helps to construct a "zone of privacy" around citizen homes
Protects against the quartering of troops in the home during the time of war or peace

Suspension Clause

few civil liberties provided for the body of the constitution to also protect these rights
(Habeas Corpus, Bill of Attainder)

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

grants the right to a grand jury and self incrimination
double jeopardy was a liberty extended to the states

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Seventh Amendment

provides the right to a jury trial for civil suits

Eighth Amendment

Prohibits cruel and unusual punishment and excessive bail or fines.
right to privacy is discerned through the Third, Fourth and Fifth Amendments, can be implied further through the addition of the ninth amendment

Ninth Amendment

Protection of rights not listed in the Constitution