TAMU POLS 206 Exam #1 Jason Smith

Government

The institutions through which public policies are made for a society

Politics

The process determining the leaders we select and the policies they pursue

Policymaking system

How policy comes to being evolved

Consists of peoples interests, problems and concerns

Policy agenda

The issues that attract the serious attention of public officials

Public Policy

A choice that government makes in response to a political issue

Dahl's principles of traditional democratic theory

1. Equality in voting

2. Effective Participation

3. Enlightened understanding

4. Citizen control of the agenda

5. Inclusion

Equality in voting

One vote per person

Effective participation

Districts must be represented equally

Try and have equal race in districts

Enlightened understanding

Must have freedom of speech and press

Citizen control of the agenda

Ability to get involved and have control over issues

Inclusion

The path to citizenship should be open to all

Philosophy of John Locke

Natural rights - life, liberty and property

Three theories of contemporary American Democracy

1. Pluralism

2. Elitism

3. Hyper-pluralism

Pluralism

Groups of minorities working together

Groups competing

Elitism

Power is held by wealthy

Hyper-pluralism

Too many groups try to control policy

Groups competing with nothing happening in government because of the over power

Representation

Describes the relationship between few leaders and many followers

Madison's Philosophy on factions

Limit majority control

Separation of powers

Checks and balance

Establish a federal system

What the Founding Fathers saw as the purpose of government

To secure the right of life, liberty and the pursuit of happiness (this was stolen from Locke and changed property to the pursuit of happiness)

Madisonian Model

Separation of powers

Checks and balances must be implemented to keep the government

Must have a federal system

Judicial Review

The court can declare presidential acts and laws unconstitutional

Consequences of separation of powers and checks and balances

If an issue cannot be resolved we go into gridlock

The Judicial branch ends up with more power than the other branches

Free exercise clause

Protects your right to believe in your religion

Government can not promote nor inhibit

Establishment clause

No national religion can ever be established

Supremacy clause

The constitution national laws and treaties are supreme over state laws

Exclusionary Rule

Evidence cannot be used in court if it was obtained unconstitutional

First Amendment

Freedom of speech, press and assembly, freedom to petition the gov, no gov established of religion, freedom to exercise religion

Second Amendment

The right to bear arms

Third Amendment

No forced quarrying or troops in homes during peacetime

Fourth Amendment

No unreasonable searches and seizures

Fifth Amendment

Grand jury indictment required for prosecution of serious crimes, no second prosecution for the same offense, no compulsion to testify against oneself, no loss of life, liberty or property without due process law, no taking of private property for public use without just compensation

Sixth Amendment

Right to a speedy and public trail by a local, impartial jury, right to be informed of charges against oneself, right to be legal counsel, right to compel the attendance of favorable witnesses, right to cross-examine witnesses

Seventh Amendment

Right to jury in civil suit where the value of controversy exceeds $20

Eighth Amendment

No excessive bail or fines, no cruel and unusual punishments

Ninth Amendment

Unlisted rights are not necessarily denied

Tenth Amendment

Powers not delegated to the national gov. are reserved for the states or the people

Two types of federalism

Dual and Cooperative

Dual Federalism

Separate spheres of authority, interpret federal power narrowly, layer cake: shows layers of government

Cooperative Federalism

Shared costs, federal guidelines, shared administration. marble cake: mixture of governments

Devolution

When power starts to recede from national to state governments

Fourteenth Amendment

Equal protection of the laws

Categorical grants

Used for specific purpose and categories of state and local spending

Project grants

Grants given for a specific project that has been named

Formula grants

Grants given according to a certain administrations specific formula

Block grants

Given automatically to states and states decide how they are spent

Civil liberties

basic freedoms guaranteed by the bill of rights

Civil rights

National rights that prevent you from being treated unfairly in any scope of the government

Probable cause

If you are suspected of a crime you will be arrested

Marbury v. Madison

First case in which the supreme court officially declared its power to keep the other branches in check through judicial review

McCulloch v. Maryland

Established supremacy of national government over state government

Gibbons v. Ogden

Congress has power to regulate interstate commerce

Lemon v. Kurtzman

Funding to religious schools

1. Funding to schools has to be for secular purpose

2. It cannot advance or inhibit religion

3. It has to avoid any excessive gov. entanglement

Gitlow v. New York

Supreme court rules that the 14th amendment applies to the states - then starts applying all the bill of rights to the states

Barron v. Baltimore

Supreme court ruled that the bill of rights does not apply to the states he was not compensated for his land being taken from baltimore

Schenk v. United States

Rights can be revoked if its a danger to the national security

Mapp v. Ohio

4th amendment protects against unreasonable search and seizures and states have to abide by this

Miranda v. Arizona

Must be read miranda rights if under arrest

Gideon v. Wainwright

Must be fairly represented by an attorney

District of Columbia v. Heller

Tried to outlaw guns, states can regulate and restrict guns to their pleasing but can not outlaw guns

Gregg v. Georgia

Upholds constitutionality of death penalty

Griswold v. Connecticut

14th amendment protects rights to privacy