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Principle of Federalism
Power is shared between the central government and state governments.
Where does government authority in the U.S. come from?
The constitution
“If all men were…” —Madison
“…angels, no government would be necessary.”
Central issue in framing the U.S. Constitution
How strong to make the central government
Virginia Plan & New Jersey Plan
Virginia Plan: The Virginia Plan sought to have representation based on population. (Since big states would have more representation this way).
New Jersey Plan: The New Jersey Plan wanted equal representation. (Afraid of big-state tyranny).
Necessary & Proper Clause
(AKA the Elastic Clause) Gives congress the ability to make all laws which shall be deemed necessary and proper to carry out expressed powers.
Allows for Implied Powers
Was upheld in McCulloch v. Maryland
Branches of Government
Legislative (Bicameral Congress)
Executive (President)
Judicial (SCOTUS)
The Great Compromise
Established two houses in Congress (Bicameralism).
The Senate (Upper House) would be based on equal representation; each state got 2 Senators.
The House of Representatives (Lower House) would be based on population.
Dealing w/ Slavery Question in the Constitution
3/5 Compromise: Counted slaves as 3/5 of a person so as to give South more representation.
Slave Trade Compromise: Extended the slave trade for another 20 years after which it would be banned.
Characteristics of the Electoral College
Elects the President
Each state is given a number of electors equal to the number of senators and representatives that it has in Congress.
Electors vote for whoever wins the popular vote in a Winner-Take-All System, except in Nebraska & Maine where there is a Proportional System.
270 electoral votes are required to win
Numbers in the House and Senate
100 members in the Senate
Have 6-year terms, staggered elections
435 members in the House of Representatives
Have 2-year terms
The Census
Occurs every 10 years
Counts population so as to redistribute seats in congress (reapportionment) according to gains and losses in population.
Also calls for redistricting—the redrawing of district lines.
Gerrymandering
The legislative process by which the majority party in each state legislature redraws congressional districts to ensure maximum number of seats for its candidates
Redistricting done to benefit a specific party by basing district lines on the demographics of residents.
Why have a Filibuster and its Characteristics
Unlimited debate in the Senate allows for a filibuster which is where you talk a bill to death so as to kill it or prevent action on it.
To end a filibuster, a Cloture Vote (60 votes aka 3/5 of Senate) is needed.
Where most of work in congress gets done
In committees
Constituents
The people elected officials represent.
Presiding Officer of the House & Senate
House: Speaker of the House
Elected by the majority party
Senate: Vice President
If VP is not present, the President Pro Tempore presides.
Separation of Powers & Checks and Balances
The President has the power to veto legislature
Congress has the power to override a veto with a 2/3 majority-vote
The Supreme Court can rule both executive and legislature unconstitutional
The House can initiate impeachment and the Senate tries it
Senate must approve presidential appointments
Congress can withhold funding
Types of Committees
Standing Committee: Permanent, present in both houses, focuses on particular areas, members become experts on their area, all bills go to standing committees, are divided into subcommittees.
Select Committee: Temporary, separate in each house, study specific issues (investigations).
Conference Committee: Special type of joint committee that reconciles bills (makes Senate & House versions match up).
Joint Committee: Made up of members from both houses; mundane, day to day tasks.
Engel v. Vitale
Does reciting a prayer in school violate the 1st amendment’s Establishment Clause?
Was ruled unconstitutional and was incorporated via 14th amendment.
Wisconsin v. Yoder
Does the state have a compelling interest in the education of Amish kids’ education past the 8th grade? Does requiring school past the 8th grade violate the 1st amendment’s Free Exercise Clause?
SCOTUS ruled in favor of Yoder and was incorporated via 14th amendment.
Marbury v. Madison
Established Judicial Review
Gideon v. Wainwright
Gideon was declined an attorney in the state of Florida because his case wasn’t capital, and he was too poor to afford one.
Court ruled in favor of Gideon, incorporated the 6th amendment to states—the right to counsel in all cases, and to be provided with one if you are too poor.
Brown v. Board of Education
Did segregation challenge the 14th amendment’s Equal Protection Clause?
Overturned Plessy v. Ferguson
“Separate but equal” was inherently unequal
Lead to desegregation of schools / outlawed segregation
Selective Incorporation
The process by which individual liberties (the Bill of Rights) are applied to the states (because the first 10 originally only applied to the Federal Government).
Done through the 14th amendment’s Due Process Clause.
Called selective because they weren’t all incorporated at once.
Basic Elements of U.S. Political Culture
Liberty
Democracy
Individualism
Civic Duty
Where do people get their political values from?
Family, friends, the media, current government, school/education, religion…
Primarily FAMILY—family is #1 factor.
Political Efficacy
The belief that your vote counts; belief that you can participate in politics and/or that the government will respond/listen to you.
How do Americans typically view economic equality?
Americans have a strong sense of equality of opportunity, and so they believe that everyone should have the same rate of pay, same access to economic resources, to opportunities, and to wealth, regardless of race, gender, etc.
African Americans tend to vote…
Liberal, typically leaning overwhelmingly Democratic.
(Also vote less)
How the South, West, and Northeast typically vote…
South: Votes conservative
Northeast: Votes liberal
Northerners typically vote more than Southerners
West: Votes liberal
Qualities of Conservative & Liberal Voters
Conservatives: Believe in a limited government and are pro-business/anti-regulation. They are individualistic, support a meritocracy where everyone rises based on their own efforts, champion states’ rights, are isolationists, are pro-death penalty, and are pro-life. They also support traditional family values.
Liberals: Support big government and push for involvement and for civil rights. They are society over individual, are internationalists, want to increase government regulation and taxes on the rich, they support environmental and welfare programs, and are pro-choice.
Effect of College Education on Voting
As schooling increases, the more likely one is to vote in general, and to vote liberal.
Why incumbents get re-elected
Can raise more money
Have more visibility
Low Voter-Turnout during such elections
Open & Closed Primaries
Open Primaries: People from either party can choose to vote either democrats or republicans (just one of them, though). They don’t have to be affiliated with a single party, however.
Closed Primaries: People can only vote for the party they are a registered member of—they must declare who they are affiliated with.
How 527’s effect elections
527’s are tax-exempt organizations created to influence the nomination/election of a candidate.
Causes of Factions
The Nature of Man—people are people
Factions are caused by the differing opinions of man and by the unequal distribution of property.
Madison said you could either remove the causes of factions or control its effects, but to get rid of its causes would be to get rid of liberty and give everyone the same opinion (which is impractical).
Effect of Campaign Finance of 1974
Lead to a rapid increase in the establishment of PACs
Limited individual contributions to campaigns
Created the Federal Election Committee (FEC)
Attempted to regulate Soft Money.
Amendments that affect voting
15th: right to vote regardless of race, color, or previous condition of servitude
17th: Direct election of Senators
19th: Gave women the right to vote
23rd: Gave D.C. electoral votes
24th: Outlawed poll taxes
26th: Gave 18-year-olds the right to vote
Shield Laws
Laws which allow people, specifically journalists/reporters, to withjold certain information such as confidential sources.
Strength of Representative Democracy
Allows people to gain through competitive elections
Allows for a large scope of ideas to be considered
Controls factions and prevents a majority-tyranny
Articles of Confederation had what?
A weak central government which couldn’t tax, raise an army, regulate or coin money, and did not have an executive or judicial branch.
It only had a legislative branch which was unicameral.
Was essentially a League of Friendship where the states were more powerful than the central government.
Interest Groups
Influence policymaking and are protected under the 1st amendment.