PSC 1387: Notes

Constitution

A framework providing basic principles for political organization and operation, different from laws as it describes the process of lawmaking.

American exceptionalism

Refers to the oldest constitution and early endorsement of democracy in the United States.

Rule of law

The principle that everyone, including the government, must abide by a higher law, not established by force.

Individual rights and liberties

Includes negative rights (freedom from government intrusion) and positive rights (entitlement to certain freedoms like the right to a lawyer).

Federalist #1

Authored by Hamilton, discusses the need for a new constitution to protect rights and prevent ambitious leaders from misusing democracy.

Separation of powers

The division of government responsibilities into distinct branches - legislative, executive, and judicial - to prevent the abuse of power.

Bill of Rights

The first ten amendments to the U.S. Constitution that protect individual liberties and rights.

Judicial review

The power of the judicial branch to review and invalidate actions of the executive and legislative branches inconsistent with the constitution.

Individualist theory

Prioritizes individual rights over government, aiming to protect and promote individual rights and enable self-interest pursuit.

Communitarian theory

Emphasizes the importance of the community in shaping individuals and solving public problems, focusing on substantive justice outcomes.

Madison’s Extended Republic

Advocates for a large republic to attract capable leaders for office, preventing factionalism and promoting diverse interests to avoid domination by a few.

Federalist System

Similar to an extended republic, it disperses power among different branches to prevent tyranny and ensure checks and balances.

Judicial Review

The power of the judiciary to invalidate actions inconsistent with the constitution, ensuring the constitutionality of laws and actions.

Checks and Balances

Mechanism to prevent the concentration of power in one branch, ensuring each branch derives power from different methods and oversees the others.

Jurisdiction

The court's authority to hear cases, divided into original jurisdiction (first to hear a case) and appellate jurisdiction (review and correct errors of law).

Sovereignty

Possessing supreme political authority within a specific geographic area, with state and national governments sharing power based on the people's sovereignty.

McCulloch v Maryland

Case establishing the supremacy of federal laws over state laws, emphasizing the necessary and proper clause and implied powers of Congress.

Commerce Clause

Grants Congress the power to regulate interstate commerce, leading to the growth of federal government authority over economic activities.

Separation of Powers

Division of governmental powers among different branches to prevent abuse of power, with checks and balances ensuring each branch's accountability.

Impeachment

The process by which the House of Representatives can charge a government official with misconduct, leading to a trial in the Senate for removal from office.

Impeachment

Process of charging and trying a public official for misconduct, requiring a ⅔ vote in the Senate for conviction and potentially resulting in removal from office.

Electoral College

System where electors from each state vote for the President and Vice President, with 270 votes needed to win, and most states operating on a "winner-take-all" model.

Presidential Power

Includes national security, legislative, administrative, and judicial powers, with expressed and inherent powers derived from the Constitution.

Executive Orders

Formal documents executing presidential power, based on the Vesting Clause and Take Care Clause, used for day-to-day governance or enforcing legislation.

War Powers Resolution

Limits the President's military actions, requiring notification to Congress within 48 hours of troop deployment and approval for extended military engagements.

Presidential Veto Power

Allows the President to approve or reject laws within 10 days (excluding Sundays), with the option for a pocket veto if Congress is not in session.

Judicial Review

Power of the courts to review the constitutionality of laws and executive actions, established by Marbury v. Madison and not explicitly mentioned in the Constitution.

Unitary Executive

Concept of a strong, centralized executive branch with a single leader, advocated for by Hamilton and seen as necessary for effective governance.

President's Appointment Power

Derived from Article 2.2 of the Constitution.

Powers Not Explicitly Given to President

Include levying taxes, declaring war, and line-item veto.

Presidential Election Decision

If no candidate gets a majority, the House of Representatives decides, followed by the VP in the Senate.

Presidential Veto

A bill can still become law if a ⅔ majority in each chamber of Congress votes to override the veto.

Electoral College Votes

A presidential candidate needs 270 votes to win the presidency.

Civil Liberties Chapter

Focuses on the Constitution and slavery.

Fundamental Principles

American regime is based on liberty and equality, which conflicted with slavery.

Constitution and Slavery

The Constitution condoned slavery through the 3/5 clause and the 1808 compromise.

Missouri Compromise

Balanced slave and free states, setting a boundary at the 36/30 latitude for slave states.

Dred Scott v

Ruled that slaves had no standing to sue, leading to a major catalyst for the Civil War.

Intermediate Scrutiny

A standard used by courts to evaluate the constitutionality of laws or government actions that implicate certain rights, requiring the government to show that the law or action is substantially related to an important government interest.

Stereotypes

Generalized beliefs about a particular group of people, which may influence decisions and actions, often leading to unfair treatment or discrimination.

Selective Incorporation

The process by which the Supreme Court applies provisions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment on a case-by-case basis.

Substantive Due Process

The principle that certain rights are so fundamental that the government must have a compelling reason to restrict them, even if procedural safeguards are followed.

Fundamental Rights

Rights that are considered essential to a scheme of ordered liberty, such as freedom of speech, press, religion, and the right to privacy.

Right to Privacy

The right to be left alone and to make personal decisions without government interference, encompassing various aspects of life including intimate relationships, family matters, and personal choices.

Equal Protection Clause

A clause in the Fourteenth Amendment that prohibits states from denying any person within their jurisdiction the equal protection of the laws, ensuring that individuals are treated similarly in similar circumstances.

Voting Rights Act of 1965

Legislation aimed at overcoming legal barriers that prevented African Americans from exercising their right to vote, including the elimination of literacy tests and the supervision of voter registration and elections in certain jurisdictions.

Gerrymandering

Manipulating the boundaries of electoral districts to favor one political party or group, often resulting in unfair representation and distorted election outcomes.

Partisan Gerrymandering

Drawing electoral district boundaries to benefit one political party over another, which can lead to unequal representation and influence in the political process.