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The declaration ofindependence
social contract; responsabilities for the people (obey) nd responsabilities for the goverment (protect rights)
Natural rights
People have political equality
People shall not alter gov
999999
Participatory democracy
house of representatives
The original constittion did not have a lot of this.
People directly elect and participate in elections (broad participation in politics)
Pluralist Democracy
Group based activis by non govermental interest striving for impact on political decision making
federalist 10 was in favor of this.
Elite democracy
Limited participation in politics and civil society. Started due to the undereducation in the past.
Federalist 10 vs Brutus
Federalist 10 says that faction emerge in alll groups but is easier to control in a larger one.
Brutus 1, antifederalist
Necessary and proper clause; created a greate concern due to its gigantic power
To much power in the federal gov.
The fears of brutus 1 were legitimate, they did happen
Corruption, not connected to the people (too far away), no one to hold them accountable.
Constitution and Articles of confederation
Emerged from the fears that the articles of confederation left. So they did give lot of power to the federal government.
In the articles:
Lack of centrslized power to address Shays Rebelion
Lack of tax-law enforcement power
Compromises for the contitution (Great Conneticut Compromise)
Electoral college
3/5 compromises(Increased the power of southern states)
Compromise on the importation o slaves.
Article 5: (amendment process), (2nd method ) 2/3 of the states
Federalist 51
Checks and Balances
they divided the legislature
Multiple access points to influene policy
A stakeholder is a person, group or organization with a vested interest, or stake, in the decision-making and activities of a business, organization or project.
Categorical grant
Mini controlling the states via funding
Lunch program,
You need to complete the regulation that the government states.
Block grants
Let the states decide how to use the money (flexibility). It still has to be for a defined program or area, so it is not everything.
Ex:
transportation grants
McCulloch V. Maryland
Congress has implied powers necessary to implement its enumerated powers and establised supremacy of the us constitution and fed laws over state laws.
BANK CASE. Maryland wanted to tax the fed goverment.
United States V. Lopez
Gun in school, opposed a congressional law, which was defended over the commerce clause.
The fed gov cant regulate it, there are limits, states sovereignty
House vs Congress
House
Many people, so more structure and organization, more dependent of comitees
Harder to have control
No filibuster
Comitee chairs are the most powerful, has to be a memeber of the majority
Discharge petition
Senate
filibuster, so easier to do stuff as an individual, defeat the filibuster 60 votes
Simple majority if no opposition
Unanimouse consent agreement: you agree ahead of time that you arre no filibustering the rule, and the legislation passes
Bot h need to pass MANDATORY is the budget
Pork barrel legislation
Fed dollars that go to a state due to a congresss man amending lgislation to gie money. Makes them look good on the state with higher probabilities to be reelected.
Logrolling effect: indiference, aware of the problem but doing nothing about it
Gerrymandering
Drawing the congressional districts so it favors one party.
Partisan gerrymandering, its fine, the court doesnt get involvedin politiccal gerrymandering, just if it involves stuff like racial discrimination or one person one vote (equal protection clause)
Shawn v Reno
North caroline (under the voting rights ac, due to its history of discrimination) 20% Aa , there has to be at least a few African american representive. They did racial gerrimandering, the popultion sued them.
Pure racial mandering is unconstitutional. Race cannot be the only reason
Delegate
Because they vte the sameway with their constituents
Trustee
Vote the other way as their constituents , because the trust them
Politico
that representatives rarely consistently act as just a delegate or just a trustee when representing their constituents. It is a hybrid of the two models discussed above and involves representatives acting as delegates and trustees, depending on the issue.
President
Use powers andperform function s of the office to acomplish a policy agenda
Formal and informal powers:
Vetoes and pocket vetoes (fomal). In divided party control
Foreign policy; both for¿mal (commander in chief), and informal (executive orders)
Bargaing and persuassion: seure congressional power (informal=
Executive order, is weak when it contradicts congress
SIgning statements; indicate what you dont like about a law, and still sign it.
Divided party control
House and senate different parties.
not a lot of policies actually enacted
New technology nd the presidency
easier to bully pupit
Judicial Review
allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution. The text of the Constitution does not contain a specific provision for the power of judicial review.
How to control the Judiciary
Congressional legislation to modify the impact of decisions
Constitutional amendments
Judicial appointments and confirmatioin
The president and states evading or ignorng SCD
Legislation ipacting court juridictioin.
Bureocracy agencies
Is an enforcement way to implement the legislation enacted.
Administrative law: ????
A bureaucracy is any organization composed of multiple departments, each with policy- and decision-making authority.
is a form of work organization. The historical meaning of the term refers to a body of non-elected government officials, but is nowadays understood as an administrative system used by corporations and public institutions.
Discretionary Authorative
Ability to chose what to do without having to ask congress. Power already given to tem
Civil liberties vs rights
Liberties are protected by limiting gov, while rights are created to protecct 99999
Bill of rights
Consist of the ten amendment s with enumarate the civil liberties and rights of individuals.
Establishmnt clause
Gov cant favor one religion over the other
Enger V. Vitale
School SPONSORSIP of religious activities violates the establishment clause. Only out of school hours
Also selective incorporation case, incoporating the establishment clause to all the states.
Wisonsin v. Yoder
Compelling Amish students to attend school past the eight grade violates the free exercise clause.
Tinker V. Des Moines Independent Community school district
The supreme court has held that symbolic speech is protected by the 1st amendment, in which the court ruled that public school students could wear black armbands in school to protest the vietnam war.
this was not disruptive to the school, so they could do it}
Symbolic speech
(For example using clothes that are not in the school code)
(If it disruptive the school is free to ban it)
Shank v united states
The freedoms on 1st amendment are not absolute.
Not protected if:
Likely provoke harm, specially if there are already laws that state it.
Time, place, and manner regulations. (You cant protesst in the midde f the night breaking every building)
New Yor Times v united states
Prior Restraint:
Pentagon papers. The supreme court ruled that they could be posted, Freedom of the press (1st aendment)
8th mendment
Ourts interpretation 00000
McDonald v Chicago
2nd amendment was applicable to the sates. A Fundamental Right. Enough history and tradition
Roe v. Wade
Some part was overturned due t its lack of tradition and history
14th amendment
Due process clause.
States may not make laws that deprived US Citizens of privileged and inmunitie, may not deny life, liberty, or property without due process, may not deny equal protection of the law
Gideon v. Wainwright
Which guaranteed the right to an attorney for the poor or indigent.
Slective incorporation case, (7 th amendmet???)
The exclusionary rule
Evidence illegaly seized by law enforcement cannot be used in court (trial)
The Miranda rule
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.
Right to privacy
Roe v Wade
Letter from Birmingham Jail
Brown v Board of education
Race based discrimination in schools violates the 14th aendment
Title 9
Reate parity in women/man sports
Scholarships
Factors that influence political socalizations
Family
School
Peers media
Social enviorments
As a result of globalizatno, U.S. political culture has both influenced by various countries
generational and lifecyccle effects
Scientific poll
political neutral
Randomization procedures
Type and format of questions
Publishing margin of error
Liberals v Conservatives
Liberals:
Linkage institutions
Rational voting
Citizens personal interest
Retrospectiv voting
Whether theparty or candidate in power should be re-elected based on the recent past
Prospctive voting
Based on how will they perform in the future
party line voting
Supporting a party by voting for candidates from one politcal prty
Structural barriers
state voter registration laws
Procedures on how, when, and where to vote
Mid term congressional or presidential election
Political parties
find candidates
Pay for the agenda
Establish a agnda
Mobilize voters
Independent expenditure groups