Exam 1: American Governemnt

Political Culture

The widely shared and deep seated beliefs of its people about politics

looks different in each country

person, government (correct relationship = key component

“Core” American value - Liberty

is the principal that individuals should be free from arbitrary and oppressive government so that they can think and act as they choose

“Core” American value - individualism

is a commitment to personal initiative and self - sufficiency

“Core” American value - equality

the notion that all individuals are equal in their own morals worth and thereby entitled to equal treatment under the law

“Core” American value - self government

the principal that the people are the ultimate source of governing authority and should have a voice in there governing

Democracy

a form of government in which the people govern, either directly or through elected representatives

Constitutionalism

the idea that there are lawful restrictions on government’s power

Free-market economy

who get what, when and how

non government but government regulated

system of exchange of good and services

determines who has health and privilege

Majoritarianism

describe situations in which political leaders act on behalf of the majority

Pluralism

different groups disagreeing

group vs group vs group

out of these conflicts we get one result or decision

Elite theory

driving the ship, very wealthy top political people tend to want the same things like thinking the same

hold the same values, big numbers

Limited government

refers to the constitutional and legal restrictions on government that are in place to protect peoples liberty and freedom.

Constitutionalism

the powers of government authorities are constrained by a basic, fundamental law

Federalism

the constitution division and sharing of power between the national government and state government

Representative government

one in which the people would govern through the election of their representatives

John Locke

state of nature vs. civil society (entered vis social contract)

natural rights (also referred to as rights that can not be taken away)

natural rights exist prior to entering “civil society” and prior to establishing government (natural rights are “God - given” and not created by government)

What is the role of government according to John Locke?

protect our natural rights

honor our natural rights (governments is above all the defender of the rights of the person)

locke calls for a system of government where the powers of public offcials and public institutions are strictly limited

Separation of powers idea has roots in Locke’s political theory

legislative and executive power separated and divided

Declaration of independent (Thomas Jefferson

Emphasizes inalienable rights

life, liberty, and pursuit of happiness

debate over the ratification of the U.S constitution

position/views of the federalists vs. anti- federalists

3 structural features of the U.S constitution (that serve to limit/constrain the power of the national government and in some respects of the states

Federalism - the constitution division and sharing of power between the national government and state government

Separation of powers - 3 branches of government, article 1 empowers congress, checks and balances

Bill of Rights - 10 amendments include free-expression rights such as freedom of speech and fair-trail protectors such as the right to an attorney

2 additional views (theory) addressing constitutional limits the power of government

Grants of power - congress ‘s law making powers that are specifically listed out in the constitution. Examples: the power to taxes, powers to declare war, create nation currency

Denials of power - powers expressly denied to the national and state governments by the constitution

Constitutional democracy

Constitutional - it is the constitutional in its requirement that power gained through elections be exercised in accordance with law and and with due respect for individual rights

Democracy - in its provisions of majority influence through elections and a republic in its multiple institutions (presidency, congress and the courts), each of which checks the power of the others

The difference of Federal and Unitary systems

Federal system - the division of power between state and national government

Unitary system - solely in the national government

Examples: National government - national defense, currency, post office, foreign affairs, and interstate commerce

Both (concurrent powers) lend & borrow money, taxation, law enforcement, charter banks, and transportation

State powers - charter local governments, education, public safety, registration & voting, and interstate commerce

Enumerated (express) powers

Express powers - these powers were intended to establish a government strong enough to forge a union that was secure in its defense and stable in its economy

Examples- Article 1, section 8 of the U.S constitution the powers to tax, borrow money, and regulate interstate commerce (clauses 1-17)

Implied powers

Implied powers - powers that are not listed in the constitution but that are related to the exercise of listed powers

Examples - Article 1, section 8, clause 18 of the U.S constitution “necessary and proper clause” says that congress can make law on many states to give life effect to (clauses 1-17) = reasonably examines of an express power

Important of the 10th amendment

Safeguards the principles of federalism

Supremacy clause of the U.S constitution (Article VI)

Article VI grants this dominance in the supremacy clause which provides that “the law of the U.S…shall be the supreme law of the land”

Three approaches to federalism

Dual - A precise separation of national and state authority was both possible and desirable

Cooperate - Encouraged national, state, and local policymakers to work together to solve policy problems

New - Federal programs, regulations, and spending in policy areas traditionally reserved for the states would be reduced

Fiscal Federalism

The expenditure of federal funds on programs run, in part, through state and local governments

Federal Grants-in-Aid

The federal government provides some or all of the money through grants-in-aid (cash payments) to states and localities, which then administer. the programs

Figure 3-3 example = since the 1950s it has been increasing and when covid 19 happen it skyrocketed but its been slowly been going down after that

Categorical vs. Block grants

Categorical grants - are grants given to states from the federal government and are for specific purposes.

Block grants - are grants given to the states from the federal government for more broad spending categories with fewer "strings" attached.

Bill of Rights

Originally applied only to the national government

Amendments 1

Speech, press, assembly, and petition, jury trial

Freedom of Religion

Free exercise of Religion - American are free to hold religions beliefs of their choosing, however are not always free to act on their beliefs

Establishment - Prevents the government from making everyone one Religion

Amendment 1 Speech not protected

Clear and present danger test - established a constitutional standard determining when the government could legally do so. the government has to demonstrate that spoken or written expression presents a clear and present danger before it can prohibit the expression.

Imminent lawless action - is an imposing barrier to any government attempt to restrict speech

Defamation - saying lies to affects ones reputation

Obscenity - extremely offensive word or expression

Amendment 2

Right to bear arms

Does 2nd amendment confer an individual rights to possess a firearm?

yes - to use that arm for traditionally lawful purposes, such as self-defense within the home

Was the 2nd amendment intended to confer a collective right?

the Second Amendment asserts that citizens do not have an individual right to possess guns

Amendment 3

Quarting of troops

Amendment 4

Unreasonable searches and seizures - although you forfeit that right if you knowingly waive it

Amendment 5

Due process - you can not be deprived of life, liberty, or property without proper legal proceedings

Self incrimination - you have the right to remain silent and to be protected againest coercion by law enforcement officials

Amendment 6

Counsel - right to be represent by an attorney and can demand to speak first with an attorney before responding to questions from law enforcement officials

Amendment 8

Bail - you are protected against excessive bail or fines

Cruel and unusual punishment - although this provision does not protect you from the death penalty or from a long prison term for a minor offense

Amendment 9

not expressed rights of the people

being able to add more rights by supreme court

Amendment 10

Power not given to the federal government are Reserved to the states called reserved powers

Amendment 14

14th amendment - limits state power

life, liberty, property without due process

selective incorporation - lots of supreme court cases

the 14th amendments grabs fundamental rights/liberties in doing theres a doctrine of constitutional law -some rights, liberties are most important “preferred” freedoms. thus they are Incorporated by the 14th amendment = due process

Preferred position

holds that some constitutionally protected freedoms, particularly those contained in the First Amendment are so fundamental in a free society that they require greater judicial protection than other constitutional provisions