USPS Quiz 1

1st and 2nd foundings

What is a country’s “regime” and how is that different from the “state” and the current “government” in political science terminology?

Regime refers to the set up of the government/the constitutional order

The state refers to the government organizations and employers (offices and people that exist in the government)

The government = the current set of ruling parties and politicians

Elected officials

Be able to name at least 3 major types of liberties being claimed in the Declaration of Independence. Or, be able to identify in a list which types of liberties were claimed in the Declaration and which were not mentioned in any significant way.

Supremacy of elected legislatures

Free immigration

Free trade

Freedom from military occupation

Trial by jury in a local, independent court

The term “republic” and “democracy” very often go together, as they do in the United States. But what is the difference between these two concepts?

Republic = philosophical basis of a constitution such that the ultimate power comes from the people.

Democracy = constitutional set-up that gives the people control over the government directly or indirectly through elected representatives

In Federalist #10, what are types of political systems that James Madison spends most of his time comparing? What do we call these two systems in modern terminology? Which does he say is better and why?

James madison compares democracy vs republic. When he discusses “democracy” he means a direct democracy. When he says “republic” he means democracy through elected representatives. He says a republic is better because it prevents factions and tyranny of the majority from taking over.

How did the ideas of Baron de Montesquieu influence the 1787 Constitution?

Montesquier’s ideas of a three branch government and separation of powers had a direct impact on the structure of government outlined in the 1787 constitution

What is the difference between a “parliamentary” and “presidential” political system?

Parliamentary = prime minister chosen by the legislature with a focus on shared power and flexible terms

Presidential = elected president and separately elected legislature with separated power and inflexible terms

What are the three slavery provisions on the Constitution of 1787?

⅗ compromise for house apportionment

Ban on regulating the international slave trade until 1808

Fugitive slave clause

Under U.S. v. Wong Kim Ark (1896)’s interpretation of the citizenship clause, what are the only exceptions to birthright citizenship?

Births from foreign rulers or diplomats with diplomatic immunity

Born on foreign military ships docked in US ports

Born to an invading army on US soil/occupied US territory

Native Americans born in sovereign territory

According to the Supreme Court’s historical interpretation of the “privileges and immunities clause,” what rights does it protect?

Rights related to federal citizenship and interacting with the federal government.

What was the central holding of Plessy v. Fergeson (1896) and why was the dissent by John Marshall Harlan important?

Separate but equal is legalized

Harlan noted that the constitution does not mention any color so that should mean that everyone is equal under the law

Predicted uprisings in racial hate and discrimination

What was the central holding of Craig v. Boren (1976)

Gender discriminations must have a strong and clear reason, not just be due to tradition or stereotypes

What is “incorporation” under the “due process clause”?

Due process incorporates amendments 1-8 against all levels of government

What has the Supreme Court said is required for rights to be “incorporated” under the “due process clause”?

A right needs to be deeply rooted in the nation’s history and tradition to be incorporated under the due process clause

What was the central holding of Griswald v. Connecticut (1965)

There is a constitutional right to privacy and rules laws against birth control/contraception unconstitutional

What was the central holding of Lawrence v. Texas (2003)

Laws criminalizing same-sex sexual relations are violations of privacy

Tell us one aspect of contemporary U.S. politics that a reasonable person might argue (even if you disagree) contradicts the central thesis of Federalist #10?

Madison argues that a representative democracy (republic) would prevent any one faction from gaining too much power. However, the political polarization of today has eventually led to political parties in each state becoming the majority and holding an overwhelming amount of power.

Tell us one aspect of contemporary U.S. politics that a reasonable person might argue (even if you disagree) contradicts the central thesis of Federalist #51?

Madison argues that ambition will check ambition/the structure of the three branches of government will allow that none of them to get too powerful. However, there have existed times where the executive branch has used its power of executive order and veto power to exert an unprecedented level of control over the country that is going unchecked by other branches

• What clauses in the Constitution has the Supreme Court historically thought that the “Right to Privacy” is grounded in?

Due process clause

Fourth amendment (search and seizures)

Fifth amendment (right to privacy of thought)