GOVT 2305 Flashcards, 1-3

A constitution

“the Legal Framework within which the Government Works”. Cannot be easily changed or amended. Establishes how the state is to be governed (main institutions like the branches and their limitations). Binding on all individuals and institutions. Assigns and defines boundaries of a political community (territories, citizenship). May define national values. Minimum criteria for representation in democratic system.

Types of constitutions

Written or Codified and Unwritten or Partially Written

Written / Codified constitution

A constitution documented in written form. Example includes US constitution. Most come from revolutions, wars, and collapse of previous systems, decolonization, and independence.

Unwritten / Partially Written constitution

Examples include the constitution of the United Kingdom, Canada, etc.

The US constitution

first founding resulted from Articles of Confederation & Declaration of Independence. Influenced by promotion of Liberty, Equality, and Justice plus Happiness. It has protected land ownership rights, settler colonization, resolved the issue of slavery, and resolved issues surrounding trade and tax.

Articles of Confederation

preceded the constitution as it was a loose arrangement designed to hold the union together.

Major weaknesses of the Articles of Confederation

Absence of president, weak central authority, State governments dictated Congress powers, financial problems, only one vote for each state Representative, absence of central law enforcement, absence of standing army / military, lack of funding due to lack of taxes

Today, the strong and effective central government made after the Articles of Confederation help

promoted foreign affairs & international business (commerce), defended the union from local and foreign aggression, coordinated support for the States in negotiations, resolution of various land issues (Shay’s rebellion over foreclosures of indebted landlords)

U.S. constitution lays down purpose of government through

provision for a strong and effective central government, the promotion of justice, the maintenance of peace, the defense of teh US from aggression with a military, protection for private property ownership, assurance of general welfare, safeguarding of virtues of liberty, equality, and justice, direct popular elections of congress and the president, provisions for limiting excesses of government (checks and balances, separation of powers)

Federal system of government

defines a power sharing arrangement between the central and state governments. (While federalism tends to concentrate power in the central government, the principle of separation powers limits the powers of the central government in concentration)

Federalism

the sharing of power between and among the different levels of government. The system of government is very flexible, requiring power and authority to be divided between a central government and lower governments of states & local governments usually.

Unitary government

a system of government in which power is concentrated in the center and only allow limited independent power to lower levels of the government

Advantages of Federalism

produces opportunity for strong cooperation, doubles the people’s assurance that limitations are possible with the power of government, makes government more accountable

Challenges of Federalism

can be a source of serious disagreement, source of contention among governments, encourages inequality, delineates jurisdiction of governments

Types of Federalism

Dual, Cooperative, Regulated / Coercive, New / Devolution

Dual Federalism

An arrangement whereby the sharing of power among the federating entities is clear-cut

Cooperative Federalism

A system where the sharing of power between the different levels of government is somehow blurred, not so distinct or clear cut.

Regulated / Coercive Federalism

An arrangement that allows for the use of coercion to operate the government through regulation.

New / Devolution Federalism

Federalism in the US Constitution (intended to limit powers of the central government, but makes central government important by guaranteeing freedoms via Bill of Rights), Powers of the Central government (Congress can collect taxes, mint money, declare war, regulate commerce, ratify treaties, make supreme laws), Powers of State governments (power of coercion and law enforcement, police powers, regulation of health + safety + morals + property, 10th Amendment), and Powers of Local governments (no constitution provision for local governments)

Federal vs State government policy making

Dual federalism allows state to restrain the reach of the federal government, devolution allows states to execute large scale projects on behalf of the central government through cooperation, regulation enables the national government to implement uniform policies across States

Tensions associated with federalism

immigration, drugs, abortion

Civil liberties

those provisions in the constitution that restrain or restrict the power of government over the citizen, makes clear what the government cannot do to infringe on the freedom of the average citizen. (FEAR of government)

Civil rights

Obligations on the power of government to protect the rights of the citizens, states what the government must do to guarantee citizen’s rights (NEED for government)

Origin of Civil Liberties

Bill of Rights & Amendments to Constitution

First Amendment

Freedom of speech, freedom of press, freedom of assembly, freedom of religion, freedom to petition

Second Amendment

right to bear arms

Third Amendment

Consent for quartering soldiers

Fourth Amendment

Rights of the accused, related to arrests, searches, and seizures

Fifth Amendment

Rights regarding grand jury, double jeopardy, self-incrimination

Sixth Amendment

rights to counsel

Seventh Amendment

rights to jury trial regarding property and money

Eight Amendment

Refers to Cruel / unusual punishment

Ninth Amendment

Rights of the people

Tenth Amendment

Rights of the states

Right to Privacy

Private property, abortion, birth control, sexual orientation, right to die

Characteristics of civil rights

guarantee equality, protect citizens from discrimination, regulate who can participate and the process, voting process, holding public office process, public service process (jury), define treatment of people regarding employment, health, education, and society in general

Political participation

Beyond elections, involves a broad range of activities. Done to shape decisions and policies that affect civilians’ daily lives, mostly voluntary. Done more in democracies, directly or indirectly. Considered a civic right through which citizens hold public officials accountable for actions and inactions of government.

Forms of political participation

Protests, demonstrations, strikes, riots, forms of civil disobedience, voting, elections, political donations, campaigns, voter mobilization efforts, political party affiliation

Urban riots

Violent attacks on the government and its agencies, “peasant’s revolt”

Rural uprising

riots by rural residents including farmers and artisans against trade, commerce, and especially farming

Protests

Peaceful, legitimate political activity, an inalienable civic right; aimed at attracting media and public attention, warning the government, raising awareness

Strikes

originated from workers and labor unions, involve the withdrawal of services or work. Results from worker grievances in several ways.

Elections and Voting

Involves the casting of a ballot or ballots for a candidate or group of candidates. “One man one vote”

Determinants of voting include

Age, Socio-economic status, race and ethnicity, gender, religion

Challenges to Political Participation

Poll Tax, Race, Heredity and literary tests, property ownership, outright exclusions (felony, disability), state electoral laws (registration, voter id, felonies)

15th, 19th, and 26th amendment

remedy some challenges of political participation (1965 voting rights act, national voter registration act of 1993, and the 2002 help America vote act)

Irregular and sometimes uneven political participation results in

election of wrong people, wrong government policies, expansion of citizen’s mistrust, civil disobedience

Major elections

presidential elections take place every 4 years, mid-term elections happen mid-way between presidential terms; most election events include both a primary and general election “Winner takes all”

Other forms of political participation include

political party affiliation, campaigns, support or against candidates, rallies, volunteering, fund raising, online activities

Major centers of attraction to participate in politics

electoral competition, mobilization efforts, gerrymandering, ballot measures, electoral college

Political party

a coalition of people formed and united to help candidates win elections, control government, and implement government policies in a democracy through nominating candidates for elections, electing candidates to office,winning other elections for the party. Are not part of the government, are registered private organizations governed by their own distinct rules that guide them (runs the engine of democracy)

Factions

a group of people that intensely work for their own sectional interests, while undermining the interests of other factions using “winner takes all” approach, also exist in political parties.

Republican Party

conservative, broad coalition of diverse interests, afraid of excessive government presence

Democratic Party

liberal, contains members on both extremes of liberal definition, mostly attractive to minorities in race, gender, and economic status, favor increased government presence in the polity, sees the government as an instrument to balance inequities

Campaign

refers to an organized course of action to achieve a particular goal or goals, usually engaged in competition for votes during an election. Includes formation of exploratory committees of supporters, hiring of campaign consultants, fund raising activities, debates, money, media.