PSCN exam 1

social culture

A set of shared beliefs about politics, government, and governments ro’s role in society 

core american values

Liberty, equality, individualism, self government

liberty

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

Equality

all individuals are equal in their moral worth and entitled to equal treatment under the law

self-government

The people are the ultimate source of governing authority and should have a voice in their governing

individualism

commitment to personal initiative and self-sufficiency

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 the government’s power

free-market economy

operates mainly on private transactions. Firms are largely free to make their own production, distribution, and pricing decisions. Individuals depend largely on themselves for economic security

Three systems of checks on government (know the distinctions and connections among them)

democracy, constitutionalism, and free market economy

majoritarianism

used to describe situations in which political leaders act on behalf of the majority. Occurs primarily between the competition of the Republican vs the Democratic.

the preference of the majority will be powerful for elections/policies

pluralism

policies that are impacted much by conflict/competition among many (with different interest) groups in society. Many groups in conflict with each other

elite theory

A few economically and politically powerful people in our society who are steering law and policy

limited government

strict legal limits on the uses of power so that it would not endanger the people’s liberty

representative government

The people would govern through the election of their representatives. Requires that the majority (through its elected representatives) has the power to rule. Citizens elect officials to represent their interests and make decisions on their behalf.

political thought/theory of John Locke (1690)

People living in the state of nature have a right to life, liberty, and property

state of nature vs civil society

state of nature- natural rights

civil society- natural rights protected by government

natural rights (inalienable rights)

The rights that persons possess in the state of nature, before the formation of the government. The rights include life, liberty, and property (god given)

government’s role

protect our natural rights and honor our natural rights

Locke advocated for limited government

A government where the power of public officials and public institutions is limited

Declaration of Independence (Thomas Jefferson)

emphasizes inalienable rights/ life, liberty, and the pursuit of happiness

Ratification of the U.S. constitution

Anti-Federalists (opponents of the Constitution) said the national government would be too powerful and would threaten the liberty of the states/people. They acknowledge the need for more economic cooperation between the states and a stronger defense, but this could happen by revising the Articles of Confederation. Feared the government would be dominated by a political elite. The Federalist (supporters of the Constitution) argued the government of the constitution would have the power required to forge a secure and prosperous union that wouldn’t be too powerful to endanger the states or personal liberty.

Three structural features of the Constitution limit national government power

Federalism, Separation of Powers, Bill of rights

Federalism

division of power between the national government and state governments

Separation of powers

creating legislative, executive, and judicial powers to prevent any single entity from becoming too powerful

Bill of rights

First ten amendments- list individual rights that national government cannot deny

two additional views addressing constitutional limits the power of government

grants of power and denials of power

Grants of power

powers granted to the national government; powers not granted it are denied it

Denials of power

Powers expressly denied to the national and state governments by the constitution

constitutional democracy

citizens vote for their representatives, but the power of the majority is limited by a written constitution that protects individual rights

federal system vs unitary system

federal system- constitutional authority is divided between the national government and the state governments. A unitary system is one where power is solely in the hands of the national government

exclusive powers of the national government

national defense, currency, post office, foreign affairs, and interstate commerce

exclusive powers of the state government

charter local governments, education, public safety, registration and voting, and intrastate commerce

concurrent powers

lend and borrow money, taxation, law enforcement, charter banks, and transportation

importance of the 10th Amendment (reserved powers of the states)

It protects state powers, limiting federal power by reserving all powers not delegated to the U.S. government to the states of the people, promoting federalism

Supremacy Clause of the U.S. Constitution (article 6)

The laws of the United States Congress shall be the supreme law of the land. State laws may not conflict with a federal statute, federal administrative regulation, or provision of the U.S. Constitution; the federal government (Congress) will win. If Congress passes a law, it cannot conflict with the Constitution

Laws passed by congress and the constitution are the law of the land

Approaches to federalism (3-4)

Dual, cooperative, creative, and new

Dual federalism

Small national government large state government (1800s-1935)

cooperative federalism

Franklin Roosevelt. Large national government, small state government (1935- early 1960s)

Creative federalism

Linden Johnson- the federal government partners with state and local governments using federal funds to address problems like poverty, healthcare, housing, education, and environmental issues (mid to late 1960s

New federalism

Richard Nixon- federal programs, regulations, and spending in policy eras traditionally reserved for the states would be reduced. (1970s)

fiscal federalism

The expenditure of federal funds on programs run through state and local governments. The federal government provides some or all of the money through grants to the states which administer the program

categorical vs block grants

Categorical grants- specific

block- general

Categorical grants

federal grants-in-aid to states that can be used only for designated projects. A very specific use of money

Block Grants

federal grants-in-aid that permit state/local officers to decide how the money will be spent within a general area

1st amendment

freedom of speech, press, religion, petition, and assembly

No 1st amendment protections

defamation, advocacy of imminent lawless action, speech creating clear/present danger, and obscenity

2nd amendment

Right to bear arms

Does the Second Amendment confer an individual right to possess a firearm?

Yes (2008 Chicago v McDonald), but it is not unlimited- the government can regulate types of guns, ownership, and where guns can be carried. The Supreme Court has decided that the 2nd Amendment confers an individual right for you as a person to carry a fire arm.

3rd amendment

The government can’t force private citizens to house soldiers- especially during peacetime- without their permission

4th amendment

No unreasonable searches and seizures

5th amendment

Right to due process (people have the right to defend themselves before rights are taken)- no self-incrimination, double jeopardy

6th amendment

right to legal counsel, right to trial by jury

8th amendment

no cruel and unusual punishment, no excessive bail/fines

9th amendment

People have more rights than just the ones written in the Constitution (privacy, marry, travel freely), unenumerated rights

10th amendment

If the Constitution doesn’t give a power to the federal government and it doesn’t forbid the states from having it, then that power belongs to the states or the people

14th amendment

grants citizenship to all people born in the U.S. No state can take away a person’s life, liberty, or property without fair legal procedures. States must treat people equally under the law

selective incorporation

The use of the 14th Amendment to apply selected provisions of the Bill of Rights to the states

preferred freedoms doctrine

The Bill of Rights applies to the limitations of state government just as much as they do to the national government. Believes fundamental freedoms are needed for a democracy to work (1st amendment)

equal protection clause

a clause of the 14th Amendment that forbids any state to deny equal protection under the law to any individual within its jurisdiction

State of nature

natural rights without protection

Social contract

the only way we escape the state of nature

Civil society

natural rights protected by the government. Locke believed this is the only purpose of government

enumerated rights

written down in the constitution

implied power

necessary and proper clause of the constitution

Article I section 8 clauses 1-17

enumerated powers

Article I section 8 clause 18

implied powers (n&p clause)