US FED GOV

Popular Sovereignty

is the principle that the authority of a government is created and sustained by the consent of its people, through their elected representatives. The power of the people.

Political Equality

is the concept that all individuals have the same rights and opportunities in the political sphere, ensuring that each person's vote and voice carry equal weight in the democratic process.

Political Liberty

the right of individuals to participate in government by voting and by holding public office.

Social Contract Theory

is the philosophical concept that individuals consent, either explicitly or implicitly, to form a society and establish a government that will protect their rights and welfare, in exchange for some of their freedoms, created by Thomas Hobbes.

Democracy

is a system of government in which power is vested in the people, who rule either directly or through freely elected representatives.

Republicanism

is a political ideology centered on the principles of representative government, where elected officials represent the interests of the people and the government is accountable to them.

Collective Action Problems

when we have to overcome our individual preferences to do something for that makes things better. Problems include free rider problem (free ride on the work of others) Example- many states didn’t want to give money to Feds under the Article of Confederation.

Free Rider

Individuals benefit without contributing to costs. Example, voter turnout, doing a group project alone.

Tragedy of Commons

Shared resources depletion due to individual use. Example - climate change.

Checks and Balances

A government that obliges to control itself. System ensuring no branch of government becomes too powerful.

Factions

Groups of individuals with shared interests that may conflict with the common good. They can influence political decisions and policies.

Articles of Confederation

First governing document, established weak central government. The states/decentralized government!!!!! Had a Unicameral legislature, no courts no executive. One vote per state in legislature. Amendments unanimously across 13 states, money and taxed? Feds, but real the states. Many states didn’t want to give the money THE COLLECTIVE ACTION PROBLEM! (-coordination - committees of correspondence, uniform message across colonies bc they sent them together. ) (-freeriding - a bit more difficult to overcome) CONSEQUENCES = -high transaction costs, free riding. -Unrest over slavery, taxes, the economy, and threat of invasion.

Bill of Rights

First ten amendments protecting individual liberties. The bill of rights did not apply to the state governments until the 20th century. Was added to the constitution to appease the Anti-federalists.

Virginia Plan, New Jersey Plan, and Connecticut Compromise

essentially one chamber, representation based on population, favors large states, strongly favors majorities, winners- VA, PA, MA, NC

representation equal to each state, favors small states, protects minorities, winners- DE, RI, NJ

house based on population (VA PLAN), Senate, each state represented equally (NJ PLAN) Process matters; median voter Connecticut.

Types of Powers (Enumerated, Implied, Resulting, Inherent)

Different categories of governmental authority defined by the Constitution. Enumerated powers are specifically listed, implied powers are derived from the necessary and proper clause, resulting powers are those that arise from the operation of government, and inherent powers are those essential for a government to function.

Separation of Powers

Shared government authority among the legislative, executive, and judicial branches to prevent any one branch from becoming too powerful. Legislative - make the law. Executive- execute the law. Judicial- interprets the law.

James Madison federalist 51 and 39

Federalist Papers written by Madison advocating for the structure of government and the importance of checks and balances. Federalist 51 addresses the necessity of separation of powers, while Federalist 39 discusses the nature of the proposed government as both federal and national.

Tyranny of the Majority

Federalist #10. Majority vs. minority rights, legislature vs executive power, prevents tyranny in the majority.

3/5 compromise

Agreement counting three-fifths of slaves for representation.

Commerce Clause

Regulates interstate commerce and economic activity.

Gibbons v. Ogden (1824) – includes navigable waters

NLRB v. Jones and Laughlin Steel (1937) – labor relations

Gonzales v. Raich (2005) – feds can criminalize cannabis, even if states allow

But see also:

Dred Scott v. Sandford (1857)

United States v Lopez (1995) – Gun Free Schools Act exceeds Commerce Clause (remains unconstitutional)

NFIB v. Sebelius (2012) – can’t force someone to engage

Federalism

a system of government that divides sovereign power across at least two political units (shared power between federal and states).Two Concepts of Federalism

LAYER CAKE FEDERALISM - local, state, national

MARBLE CAKE FEDERALISM - everyone mixed in everyones business

Modern Federalism = Incentivizing the States to do what the Feds want

Fiscal Federalism = Unfunded mandates (unpopular w states), Crossover sanctions (fiscal sanctions, unless u do this we won’t give u the money), Cross-cutting requirements (imposes a requirement on a grants, ex. Civil rights act requires nondiscrimination)

Types of Grants

Categorical grants - money to states with “Strings attached” (bright futures)

Block grants - money to states over which they have discretion (in education only).

Concurrent Powers

the federal government also shares many powers

Ex. Collect taxes, borrow money, build roads

Equal Protection/Due Process Clause

Both in 14th amendment. EVERYONE IS EQUALLY PROTECTED BY THE LAW/CONSTITUTION. GUARANTEES EVERYONE HAS FAIR PROCEDURES IN COURT.

Necessary and Proper Clause

Concept supporting a stronger national government. Allows Congress to pass laws beyond enumerated powers that seem to be necessary.

Supremacy Clause

Concept supporting stronger national government. Federal law takes precedence over state laws.

McCulloch v. Maryland

implied powers allows the federal government to to create a national bank and that states cannot tax the federal government. 

NFIB v. Sebelius

Congress cannot force individuals to engage in commerce. Cannot be upheld under necessary/proper clause. Feds argued under necessary/proper clause, courts didn’t buy it.

Establishment Clause

prevents the government from establishing a national religion or favoring one religion over another. Although it’s ok to have some prayer around adults and in certain groups and how much is too much?

Engel v. Vitale, 1962 – no prayer in schools

Lemon v. Kurtzman, 1971 – no funding for church run schools, Lemon Test

Zelman v. Simmons-Harris, 2002 – school vouchers okay

Town of Greece v. Galloway, 2014 – legislative prayer okay

Free Exercise Clause

actions, beliefs, religious liberty. Can gov limit access to your religion practice. CASES;

•Reynolds v. U.S., 1878 –yes, interfere with practice (polygamy)

•Wisconsin v. Yoder, 1972  - no, can’t interfere (Amish & education)

•Employment Division. Smith, 1990 -, yes, can, compelling interest (peyote)

•Masterpiece Cakeshop. V. CO Civ. Rts. Comm., 2018 – no, must be neutral

Strict Scrutiny

harder to enforce, has to be in government best interest.

•Laws must: (1) serve a “compelling state interest” or goal,

(2) must be narrowly tailored to achieve that goal, and

(3) must be the least restrictive means of achieving that goal.

(race, ethnicity, creed, national origin) 

unequal treatment legal only if “compelling interest” and “least restrictive”

Intermediate Scrutiny

•Less demanding

•Laws must be content-neutral.

•Laws must be “substantially related” to an important government interest.(sex, gender) 

unequal treatment legal only if “substantially related to a government objective” and “not substantially broader than necessary” ex. How many scholarships go to women and men

Mapp v. Ohio

went without a warrant looked for kidnap found porn. If you find evidence illegally it is not valid in court. SEARCH AND SEIZURES 4TH AMENDMENT

Miranda v. Arizona

right to attorney, right to remain silent, etc. Know your rights, SELF INCRIMINATION 5TH AMENDMENT.

Gideon v. Wainwright

Established right to public defender in state courts. 6TH AMENDMENT Counsel; Speedy;Jury of Peers

Roe v. Wade & Dobbs. v. Jackson

Childbearing Choices, RIGHT TO PRIVACY 9TH AMENDMENT.

Speech

Additional Protected Speech

„Symbolic Speech!

„- Tinker v. Des Moines School District, 1969 (wear arm bands to school)

„- Texas v. Johnson, 1989 (burning the flag, political speech but is protected)

„Money as Speech!

„- Buckley v. Valeo, 1976 (cannot restrict the amount of money a candidate spends to run for president)

„Hate Speech!

• „R.A.V. v. City of St Paul, MN, 1992

• „Snyder v. Phelps, 2011

Less protected forms of speech:

„- Fighting Words

„- Commercial speech

„- Slander/Libel

„- Obscenity: Miller Test (Serious Literary Artistic Political S)

Speech on the internet- Cyber bullying, offensive speech, AI generated “deep fakes”

Double Jeopardy

Cant be tried for the same thing twice.

Search and seizures

Police/fbi etc. cannot search anything without a warrant.

Lemon Test

law should be secular in nature, does not enhance nor inhibit, no excessive entanglement.

Brown v. Board

desegregate the schools, overturned residential segregation.

De Jure

by law. we will have laws saying you live here you live there.

De Facto

by practice and legacy. it is fact, way things are. Not by law but by practice/legacy people live in certain areas (black communities, white communities)

Plessy v. Ferguson

Separate but Equal: segregated malls, water fountains, etc

Civil Rights Act of 1964 

•prohibits discrimination on the basis of race, color, religion, sex or national origin.

•forbade discrimination on the basis of sex, as well as race, in hiring, promoting, and firing.

•prohibited discrimination in public accommodations and federally funded programs.

•strengthened the enforcement of voting rights and the desegregation of schools.

Includes...

•Voting

•Employment

•Marriage

•Education

•Access to public accommodations, housing, credit

•Also, includes investigations into police misconduct

Voting Rights Act of 1965

„Outlawed strategies to disenfranchise Black citizens

„Provisions to facilitate voter registration

„Enforced 14^th & 15^th Amendment

„Significant change in state/federal relations re voting

Voting rights today = weakened

„Shelby County v. Holder, 2013 – Section 5 coverage formula struck down

„Brnovich v. Democratic National Committee, 2021 – made it more difficult to challenge discriminatory laws

Privileges and Immunities Clause

State to State. (your rights from one state won’t change if you travel to another state) things like drivers license is respected/recognized in another state. Marriage licenses too.

Jim Crow Laws

„White Primary - can only vote In the primary if ur white.

„Poll Tax- pay a poll tax to vote, no land reform and many couldn’t afford to vote.

„Literacy Test- never administered in neutral way, complex test to those and easy for others

„Grandfather Clauses- if your grandfather could vote you’re fine if you cant pass the test or pay the tax (neither applied for blacks)

„Separate but Equal:  Plessy v. Ferguson 1896 - separate malls, water fountains, etc

SAVE ACT

„Mandates documentary proof of U.S. Citizenship to register to vote or change registration

„Birth Certificate or Passport only!!!!!! Bc these have proof of us citizenship

„Driver’s License, Military ID, Tribal documents disallowed

Civil Liberties

ARE BASIC POLITICAL FREEDOMS THAT PROTECT CITIZENS FROM GOVERNMENTAL ABUSE OF POWER. Basic Freedoms and Liberties, Rooted in the Bill of Rights, due process clause of 14^th Amendment, Restricts what government can do to you.

Civil Rights

„Protection from Discrimination

„Rooted in the equal protection clause of the 14^th Amendment

„Protects you from discrimination by the government

„Equality

CIVIL RIGHTS ARE ABOUT PROTECTIONS BY GOVERNMENT!!!!

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. 4th amendment.