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Describe the democratic Ideals (inspired by the enlightenment)

Natural Rights:

Locke- People are given rights by their creator

Popular Sovereignty/Social Contract :

Rosseau- Power to govern is in the hands of the people/in order to protect natural rights, some of the power is given to the government

Republicanism ;

Montesquieu- People elect leaders that represent them, argued for separated powers

Describe democratic Ideals found in the Declaration of Independence

Natural Rights -

Jefferson wrote that all people are “created equal, endowed by their creator with certain unalienable rights

-Rights cannot be taken over by the government

Popular Soverignety/Social Contract

Powers are gotten from the consent of the governed

When a government becomes destructive, it is the right of the people to abolish it

Explain the types of democracy 2.2

Participatory Democracy

-Broad participation

-People vote on laws directly (no representatives)

-Not practical in large populations

Used in:

Initiative - voters collect signatures to place a new statute/amendment on the ballot

Referendum (citizen’s veto) allows citizens to collect signature to ask voters whether to uphold / repeal a law

Elite Democracy:

-Limited participation (only those who are well-educated, act on behalf of the people)

Ex. SCOTUS, electoral college

Pluralist Democracy:

Power is dispersed among diverse, competing interest groups

Interest Groups: Form around a specific cause

Average citizens pool resources to have an impact on Congress

States also have influence (house of representatives)

Federalist 10

Madison wrote about protecting citizens against tyranny of the majority:

-Danger of factions (violence)

-Factions- A group of citizens united by an interest adverse to the rights of others

-Can prevent this by removing its causes (bad, because it destroys liberty), or controlling its effects

-So, a republican government is needed- people elect leaders so their ideas will be filtered

Additionally, in a large republic, the power of factions will be diluted

+Competition of factions results in compromise

Brutus 1

-Argued for a confederation (multiple state governments vs a republic)

-The necessary and proper clause and supremacy clause are too powerful (no intervention from state governments, so their Constitutions are declared void, state powers will be annihalated)

-Collection of taxes will make it so that the state governments will have no power

-If federal courts trump state courts, state courts will be obsolete

-The U.S. is too large to be a republic (inspiration from Montesquieu) (Elected representatives will not represent everyone, then people will not have confidence in their leaders)

1.3 Government Power and Individual Rights

Majority vs. Minority rights

-federalists vs anti-federalists

Federalists: if majority always prevailed, minority wouldn’t be represented

-If too many protections were given to the minority, then the common good would never prevail

Solution: Create a republic (the different factions would have to compete and compromise)

Brutus:

A large republic wouldn’t work

Necessary and Proper Clause/Supremacy clause would create a central government that was too strong and render state governments unnecessary

-The constitution should not be ratified because all the power is centralized

Articles of Confederation

First Constitution of the U.S.

Confederation - Several powers unite to form a central government

Gave most power to states

“Each state retains its sovereignty”

States are supreme

Single branch of the federal government : legislative, each state had one vote

Business with foreign nations was done through the federal government

No power to raise an army, tax

No alterations can be made unless all states agree

1.5 Ratification of the Constitution

Constitutional Convection was called to fix problems with the Articles

Big debates- Compromises were made

1. Great Compromise, two houses (bicameral legislature), one with equal representation, one with representation based on population

2. Electoral College vote for President, same number as representatives in Congress

3. 3/5ths compromise, importation of enslaved people-wouldn’t be touched for 20 yrs

4. Article V- Amendments -Proposal and Ratification Congress or State conventions can propose amendments, 2/3 vote is need for next stage, then ¾ of states must vote

Current debates -

Government surveillance

USA patriot act - tapping phones and monitoring emails

Violated 4th amendment

Central vs. State power

Education

No Child left behind act

School have to meet criteria in order to get funding

The Constitution

New governing document , established a republican government (representatives that do the work on behalf of the people)

Solved problems of the Articles by giving more power:

Article 1: Congress (represented the people)

Powers:

All Legislative (lawmaking), consisting of a House and Senate (bicameral legislature)

Section 8:

Enumerated Powers

-Law collect taxes, borrow money

2.1 Congress (Structures/powers of the houses)

Bicameral legislature, two houses, vs 1 in Articles

Article 1- Senate: Each state is represented equally (2 votes)

30 yr age minimum, 6 yr terms

Less connected to the people they represent

House: represent by population, min 1

representative, 435 total

Reapportionment happens based on census data

25 yr minimum, 2 yr terms

Closer to the issues in their districts, less likely to form bipartisan coalitions

Make up the legislative branch, to pass a law, both houses vote on identical bills, which is then sent to the President for signing

Senate: unlimited debate, house: structured debate (time limit)

Article 1- Section 8, enumerated powers,

1.Power of the Purse

2. Raise revenue (taxes, tariffs)

3. Coin money

4. Power to declare war

5. Power to raise and maintain an army

Implied powers - gotten from the necessary and proper clause (Congres shas the power to pass laws needed in order to carry out enumerated powers)

2.2 Powers/Functions of Congress (Leadership, Committees)

House Leadership:

Speaker of the House (member of the majority, most powerful), makes committee assignments, controls legislative agenda)

Majority/Minority Leaders

-Guide their party members in policy-making issues, direct debate

Whips - Discipline

Senate Leadership

Senate President (V.P)- tie breaking votes

President Pro Tempore (Leads the Senate when the V.P is away)

Majority Leader ( most powerful), sets the legislative agenda, controls calendar assignments)

Committees (Small groups that debate and draft specific legislation)

1. Standing Committee- remains from session to session (always present issues)

2. Joint Committees- Both houses

3. Select Committees- Temporary; for a specific purpose

4. Conference Commiteees- Formed if both houses can’t agree on a bill

2.2 Congress and Senate rules, legislative process

House rules committeee- Gate keeper for all legislation, decideds when votes take place+assigns bills to commiteess

Committee of the whole - All members (min. 100) acts as a committeee (relaxes rules)

Discharge petition- If it gets stuck in a committee, majority vote brings it to the floor for a vote

Senate

-Unlimited debate leads to filibuter- stall/kill a bill by talking for a long time, threat of filibuster achieves the same purpose

-Cloture rule- end filibuster with 3/5ths vote

-Unanimous consent- Call for agreement to restrict certain privivliges to get work done faster

Legislative Process

Anyone can propose a bill

As it is debated, it is often changed

Non germane riders- Provisions that have nothing to do with a bill to benefit a specific district

Pork Barrel spending- earmarked for one district

-Goes to committee for debate, then the floor

Log rolling - I’ll vote for yours if you vote for mine

Federal Budget:

Mandatory budget - Medicare, Social Security

Discretionary Spending-debated hard

Deficit Spending spending more money than they collect in taxes

2.3 Congressional Behavior Ideological Divisions, Models of Representation

Ideological Divisions

Partisanship (other party bad) leads to legislative gridlock

Divided government - different parties have the majority

Slows down legislative process

Lame duck president - not up for reelection - Congress has no reason to work with them on their agenda

Models of Representation

Delegate- must vote with the will of the people

Trustee- “Trust me”

Politico- Mix of both

Baker v. Carr

Redistricting

Tennesse hadn't redrawn districts, population grew quickly in urban areas so urban votes had more power

SCOTUS had decided that questions of redistricting were political, not justiciable

Constitutional Principle - 14th amendment Equal Protection Clause

(States can’t treat citizens under their jurisdiction unequally by law)

Decision:

Questions of redistricting were justiciable

Result:

Established “one person, one vote” doctrine

Altered political representation in the U.S.

Got Supreme Court involved in political questions

Shaw v. Reno

Racial Gerrymandering

2.4 Roles and powers of the Government

Policy Agenda- certain policies the POTUS campaigns on - does this through:

Formal Powers in Article 2-

1. Power of the veto (Congress can override with 2/3 vote in both houses)

Pocket veto (Congress adjourns within the 10 days the President has to sign)

2. Commander in chief of the armed forces (Implement foreign policy to get policy agenda done)

Informal Powers

1. Bargaining and persuasion- affected by approval ratings

2. Executive order- has he force of law, but isn’t a law; a way for the president to direct the bureaucracy/move money around to accomlish policy agenda

3. Signing statement- tells the population how the POTUS interprets the laws and how they will execute it

4. Power of Executive Agreements- Agreements between other heads of states, but, Senate creates formal treaties

2.5 Checks on the Presidency

Senate has the power of advice and consent

President can appoint ambassadors- Senate usually doesn’t care

White House Staff- no approval

Cabinet need Senate approval, can be controversial, but usually isn’t

Federal Courts are very controversial, because Court appointments are lifetime

Hearings are held, intesive review, then simple majority vote in Senate

2.6 Expansion of the presidents power over time

Federalist 70

Hamilton, justifying the need for a single executive

Energy (act quickly, decisively) in the executive is needed for good execution of laws

Bitter divisions would cause big problems, impede measures, create factions

Multiple executives would conceal faults, destroy responsibility (if power is abused)

2.7 Presidential Communication

Advantage - Everyone has eyes on the president (can be used to persuade Congress)

Presidency=Bully pulpit to get policy passes (when the president speaks, the nation listens)

Constitutional Communication- State of the Union ADdress

Needed in order to recommend to Congress such measures he thinks are necessary (policy recommendations)

Other Communication methods ;

-Radio- increased the PResiden't;s reach

-Fireside chats- Outlined major proposals in simple language which helped pass legislation

-Television did something similar (People look the the way the President looks -ex. their expressions)

-Social media allowed the president to speak directly without 3rd party mediators and with fast speed

2.8 Judicial Branch

3 tiers- SCOTUS (established in Article 3)

Judges confirmed by Senate through senate (simple majority ), lifetime appointments

Has Appellate Jurisdiction (Hearing cases on appeal ) and Original Jurisdiction (Hearing cases for the first time ), but orignial jurisdiction is very limited ( only cases with two states, about ambassadors)

Judiciary Act of 1789- established lower courts

Court of appeals(12)- 3 judges,, no jury, only appelleate jurisdiction

District courts (federal laws)

-Only orginial jurisdiction + judge, jury

SCOTUS powers- judicial review

Power granted to declare laws unconstiutional

Federalist 78

Hamilton says lifetime appointments were required- for independence (all branches need independence for faithful performance) and impartiality

-Temporary jobs would lead to less qualified judges

Duty of the judiciary:

-Find unconstitutional laws to void them (Judicial review)

-Intermediate between people and the legislative, check the legislative branch

The Constitution (power of the people is the strongest, judges must prefer the Constitution)

Overall, lifetime appointments are necessary for independce, Judicial Branch is not more powerful than the legislative branch, but instead, checks and balances it (The Constitution is supreme)

Marbury v. Madison

Marbury’s commission to become a judge was not delivered

Wanted a writ of mandamus (Court issued order) to be used to force delivery

Constiutional Principle:

Jurisdiction clauses in Article 3

Questions:

1. Does Marbury havev right to the commission?

2. Is the writ of Mandamus correct (extraordinary court order)

3. Does the Court have authority to grant the Writ

No! This power was in the judiciary act of 1789, but not in The Consitution

Marshall declared the act unconstiutional

Result:

Gave the courts the power of Judical Review , Judicial Branch became final interpreter of the Constiution

2.9 Legitimacy of the Judicial Branch

Precedent- When the court rules on a case, it a template for future decisions

Stare decisis (let the decision stand) - Rely on past cases- Ensures legitimacy, stability

Will Precedent stand?
-Originalism- Interpret the Constitution very strictly

-Evolutionism- The Constitution is a living, evolving document

Ideological Makeup of the court

Decisions have far reaching effects, lead some to question legitimacy

2.12 Federal Bureaucracy

3.1 Bill of Rights

Protects civil liberities (protections against government interference)

Anti federalists wanted it in order to ratify the Constitution

1. Freedom of religion, speech, press, assembly, petition “rapps”

2. keep and bear arms

3. No quartering soldiers

4. No unreasonable search/seriure+ warrants

5. Rights of the accused- no double jeopardy, self incrimination, due Process (federal)

6. Fair, speedy trai

7. Trial by impartial jury

8. No cruel and unusual punishment or excessive bail

9. Other rights are not excluded

10. Powers not given to the federal government in the Constitution are given to the States

These protect against the federal government

3.2 Freedom of religion

Protects the practice of religion

Court balances religious practice of the majority + free exercise of the minority

Court is always trying to balance social order and individual liberties

Wall of Separation (of church and state)

Engel v. Vitale

New York law required students to start the day with prayer

Constitutional Princicple: First Amendment Establishment clause

Ruling: It is unconstitutional for there to by a school required prayer (it created interference between the government and religion)

Incorporated the establishment clause to states

Result: Court protected individual liberties, set a precedence

Wisconsin v. Yoder

Amish children required to go to school

Wisconsin argued that they had compelling interest

-Ruled with Yoder- state;s interest did not trump the Amish’s ability to freely exercise religion

Results”

Set precedent for cases regarding states interest vs free exercise of religion

Incorporated free exercise clause to the states

Schenck v. United States

Schenck gave out pamphlets saying to resist the draft

Broke the espionage act which prevented interference with military operations

Schenck argued his freedom of speech was violated with the Act

Ruled against Schenck - it was a clear and present danger (like yelling fire in a crowded theater_

Results

Set a standard for silencing speech

3.4 Freedom of the Press and NEw York times Co. v. United States

Not absolute- must be balanced (I.e. 6th amendmetn’s right to a fair trial)

Prior restraint: government restrains a story prior to its publication

High standard- there is a “heavy presumption against prior restraint”

New York Times Co v. United States

-Vietnam War- Government had decieved the public, info was leaked

-This infor was published- peopple knew the government was lying to them

Nixon tried to use prior restraint

Ny Times claimed it violated freedom of press

Nixon argued it was justified because it would threated national security

Ruled with Nytimes

High standard- there is a “heavy presumption against prior restraint”

Nixon didn’t want to be exposed, no true security risk

Result:

Made it hard to censor the press

McDonald v. Chicago

Dc had a gun law case that ruled it the law was too restrictive, but it was not incorporated because dc isn’t a state

Chicago had very restrictive gun laws

Chicago argued restrictive gun laws were necessary to uphold public order and safety

Decision:

Ruled with McDonald

Result: Incorporated 2nd Amendment to the states

3.7 Selective Incorporation

Applying the Bill of Rights to the States

Applied through the 14th amendment’s due Process clause

Which is that states shall not deny people of life, liberty, or property without the due process of the law

Gideon v. Wainwright

Gideon broke into a pool house, Florida didn’t give him a lawyer and he was convicted

Constitutional Principle- 6th amendment “The accused shall enjoy the right … to have the assistance of the counsel , only applied to federal cases

SCOTUS said Due Process Clause did apply to the 6th amendment

Result:

Incorporated 6th amendment, states had to train public defense lawyers

Letter from a Birmingham Jail

How the equal protection Clause supported/motivated social movements (civil rights)

MLK practiced non-violent, direct action

King got arrested

Newspaper letter, said - these disruptive practices were not effective, they needed to be patient

So, MLK justifies direct action in order to create tension that can’t be ignored

“Freedom is never voluntary given by the oppressor, it must be demanded by the oppressed”

There is no alternative

He is for civil disobedience - “an unjust law is no law at all”

“Injustice must be rooted out by determined, strong persistent action”

3.11+3.12 Balancing minority and majority rights + Brown v. Board

Plessy v. Ferguson - racial segregation was constitutional under separate but equal doctrine

Civil rights movement aimed to get rid of segregation

Case where SCOTUS restricted right of minorities

A series of cases regarding racial segregation in schools (due to Jim Crow laws)

Parents argued this segregation was unconstitutional under the Equal Protection Clause

Separate facilities caused damage

Decision: Overturned Plessy v. Ferguson

Result: Massive step for Civil Rights movement, southern schools were slow to integrate

3.13 Affirmative Action

4.1 American Attitudes

Core beliefs of Americans

1. Individualism- Places emphasis on self-reliance and independence

2. Equality of Opportunity- Every American deserves equal footing to go after life, liberty, and the pursuit of happiness

3. Free enterprise- As little government intervention in economy as possible

4. Rule of law- belief that every citizen is equal under the law, no one has special privileges

5. Limited government - limits are well defined, retained through separation of powers and checks and balances

Interpretations vary between conservatives (cherish established institutions and seek to preserve them for the good of society) and liberals (push for new reforms in order to make society more just and equitable)

Ex. Conservatives opposed women’s rights because they would get rid of nuclear families, whole liberals were for women’s rights because they were unjust

4.2 Political Socialization

How people form their political beliefs

Family- Most people follow their parents political beliefs

Schools- Shapes how someone thinks about politics

Peers -Social conformity

Media- More access to a wide range of viewpoints, increase in people telling you exactly what to think

Civic/ Religious organizations I.e. churches

Globalization - increase of economic connections, led to political influence

4.5 Measuring Public Opinion

Scientific polls gather information about public opinion, impacts on election and policy

Scientific polls have bias free questions, are presented to small, randomized group of people, generalizing results to larger population

4 types of polls:

1. Opinion - public’s opinion on a certain topic, candidate, or policy

2. Benchmark poll- Taken at the beginning of a candidate’s run to give a benchmark and to compare later

3. Tracking poll Conducted over time,gives info on how the group feels about a given issue

4. Entrance/Exit polls -Before/after voting

Sampling techniques-

Random, representative sample

Makeup needs to match the larger population

+-3 percent is a good margin of error

Neutral questions- neither confusing nor leading

Mass survery- Can be given to many people (quantitative data)

Focus group (not scientific) small group of data (qualitative)

4.6 Evaluating Public Opinion Data

Public Opinion affects elections and Policy

Band wagon effect- people are more likely to vote for someone who is already doing well in the polls

How people view the reliability of opinion polls affects the relationship between public opinion polls and elections/policy debates( such as unreliable polls)

Problems with pollsL

Social desirability bias - choosing the socially desirable answer even if they don’t agree with it

Non-response bias - certain groups are more likely to respond to polls

4.7 Ideologies of Political Parties

Ideology: Interlocking set of ideas that form the basis for political decision making

Republicans lean conservative

Democrats lean liberal

Based on their party platform (set of policy goals)

4.8 Ideology and Policy making

Political Ideologies drive debates on issues- Policy represents the prevailing political attitudes of voting citizens and , as political ideologies change, so do policies

4.9 Political Ideology and economic policy

4.10 Political ideology and social policy