Gov 2305 Exam 1 Study Guide

Liberal Democracy

Liberal Democracy

A government where its purpose is to protect individual liberty through the people's rule (what are our liberties?)

Liberal Education

freeing oneself from the "cave life" -- in relation to Plato's allegory of the cave Purpose is to cultivate human nature

Liberty in the highest sense

freeing the mind from falsehood, finding truth

Federalist Papers

85 newspaper editorials arguing in favor of the Constitution

Monarchy

Claim to power through divine right (England)

Tyranny

Claim to power through force (Nazi Germany)

Aristocracy

Rule of the best -- wealthy people from noble backgrounds dedicating themselves to public service

Oligarchy

Rule of the few -- military power, or wealth/property qualifications

Democracy

Rule of the people -- though there may be restrictions

Components of Aristotle's democracy (1)

based on equality between the rich and poor

Components of Aristotle's democracy (2)

Office positions are filled based on financial assessments

Components of Aristotle's democracy (3)

Must be a citizen by birth, but law rules

Components of Aristotle's democracy (4)

All citizens can participate in office, but law rules

Components of Aristotle's democracy (5)

The multitude rules, not the law

Problem with the multitude ruling

a person's decree replaces law, popular leader can mislead citizens, people begin functioning as a monarchy/tyranny

demogogue

a political leader who seeks support by appealing to popular desires and prejudices rather than by using rational argument.

Politics

Method of maintaining, managing, and gaining control of government (who gets what, when, and how)

Federalist #1 (factions)

Can we establish good government by choice? -- CONSENT OF THE GOVERNED. Goal: to achieve true interests of the political community-- the Public Good

Problems in Federalist #1

-Public good vs. Partial/private interests -innovations vs. resistance to change -Resisting change preserves power -people biased towards their views

Solution proposed in Federalist #1

Hamilton: Be more moderate

America is a ...

Liberal Democracy

Purpose of government

to protect individual liberty

Basis thinkers in Liberalism and Enlightenment

Hobbes and Locke

State of Nature

The basis of natural rights philosophy; a state of nature is the condition of people living in a situation without man-made government, rules, or laws.

Natural rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

When was the enlightenment

1650-1750

Changes through Enlightenment

religion and rights

Social contract

An agreement between the people and their government signifying their consent to be governed

limited government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Republic vs. Democracy

In a republic, a contract protects the rights of the people and often enumerates inalienable rights that cannot be taken away by the government. In a pure democracy, the majority will dominate all things. This would set up a system where the majority can always force its will on the minority.

Declaration of Independence

the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain

entitlement to separation

through laws of nature, US is entitled to separate from Great Britain. Allows the right to self government and self determination.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Republicanism

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.

Colonial/Revolutionary Period

Seven Years War

Stamp Act

an act passed by the British parliament in 1756 that raised revenue from the American colonies by a duty in the form of a stamp required on all newspapers and legal or commercial documents -- no representation

Continental Congress

A body of representatives from the British North American colonies who met to respond to England's Intolerable Acts. They declared independence in July 1776 and later drafted the Articles of Confederation.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade) -- strong state power

Constitutional Convention

The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.

Virginia and New Jersey Plans

Differing opinions of delegations to the Constitutional Convention: New Jersey wanted one legislative body with equal representation for each state; Virginia's plan called for a strong central government and a two-house legislature apportioned by population.

Conneticut Compromise

Bicameral Congress; House is based on state population, Senate with equal representation

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Congress

the legislature of the United States government

President

Head of the Executive Branch

Supreme Court

Consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes

Electoral College

the group of people chosen from each State and the District of Columbia to formally select the President and Vice President

Amendments

Official changes, corrections, or additions to the Constitution -- must be voted 2/3

Bill of Rights

First ten amendments to the Constitution; major source of civil liberties; applies to states via selective incorporation doctrine; promised to Anti-Federalists to secure ratification of Constitution

Federalists vs. Anti-Federalists

Anti-Federalists wanted states' rights, bill of rights, unanimous consent, reference to religion, more power to less-rich and common people; Federalists wanted strong central government, more power to experienced, separation of church and state, stated that national government would protect individual rights

Federalist Paper #1

different people want to achieve different things, people are driven by emotion and passion >>> liability

Federalist Paper #10

The Federalist Paper warning against faction such as interest groups and political parties

Federalist Paper #39

Argued that the Constitution is neither a national nor a federal Constitution, but a composition of both.

Federalist Paper #51

The Federalist Paper advocating three separate, independent branches with the same amount of power. Government should control people, but also its self, and individual rights should be protected.

Reconstruction Amendments

13th: abolished and continues to prohibit slavery and involuntary servitude, 14th: secured the rights of former slaves after reconstruction, 15th: prohibits each government in the United States to prevent a citizen from voting based on their race

Selective Incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

District of Columbia v. Heller

2008 Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

Bad Tendency

a test which permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity

Schneck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Gitlow v. New York

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Stromberg v. California

Supreme Court found a states "Red Flag Law" unconstitutional because it violated the liberties protected by the 14th Amendment, to include a protection of the 1st Amendment, in this case symbolic speech.

Dennis v. United States

1951, made it illegal to advocate or teach the overthrow of the government by force or belong to an organization with this objective. (upheld the Smith Act of 1940)

Brandenburg v. Ohio

1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional.

American Legion v. American Humanist Association

basic facts:

• in Maryland, a 40 foot tall cross honoring veterans was on public land

conclusion:

• court decided it didn't violate establishment clause

• although it was a christian symbol, it took on a secular meaning as a symbol of WW1

John Stuart Mill

Wrote "On Liberty," focusing on the marketplace of ideas — came up with the political theory

marketplace of ideas

a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas

fundamental freedoms doctrine

The judicial doctrine that laws impinging on the freedoms that are fundamental to the preservation of democratic practice—speech, press, assembly, and religion- are to be scrutinized by the courts more closely than other legislation.

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular PURPOSE; it must neither advance nor inhibit religion (EFFECT); and it must not cause excessive entanglement with religion.

Establishment Clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."

Free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Federalism

A system in which power is divided between the national and state governments

Types of federalism

dual federalism; cooperative federalism

Judicial Review

The power of the courts to declare laws unconstitutional

Dual sovereignty

a system of government in which ultimate governing authority is divided between two levels of government, a central government and regional governments, with each level having ultimate authority over different policy matters

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law. States don't grant power to federal government, PEOPLE do.

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

United States v. Lopez

1995 - The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.

New Deal (FDR)

A group of government programs and policies established under President Franklin D. Roosevelt in the 1930s; the New Deal was designed to improve conditions for persons suffering in the Great Depression. Strengthen the power of the federal government

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Coercive Federalism

A form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding).

Grants

money given by the national government to the states

unfunded mandates

Programs that the Federal government requires States to implement without Federal funding.

pork-barrel projects (earmarks)

government projects and grants that primarily benefit the home district or state

Concurrent Powers

Powers held jointly by the national and state governments.

Spending Clause

Congress has the power to collect taxes to provide for the general welfare — unfunded mandates are part of this (drinking age act)

Supremacy Clause

Federal law is supreme over state laws.

Necessary and Proper Clause (elastic clause)

If you wanna make an omelet, you gotta break some eggs. Government can do what is necessary to exercise its powers listed in the Constitution.

Commerce Clause

Federal government can regulate commerce among the several states — Gibbons v. Ogden .. used to stop racial discrimination. US v. Lopez determines it doesn't apply to everything