104 American National Government Chapters 1-5

how does American politics work?

society needed rules to govern them
Who gets what, when, and how?
•politics is how society makes collective decisions

who governs?

a government where citizens rule indirectly & make decisions
through elected representation

who governs pluralist theory

people influence government, citizens directly vote to change the laws by interest groups who give citizens a voice on things like abortion and climate change

who governs elite theory

power is in hands of wealthy people and powerful people

who governs bureaucratic theory

power is in the millions of people who work in modern government and establish policy regardless of popular views

who governs social movement theory

citizens organize and protest
→ takes a lot of people
→ civil rights
→change law

what does government do?

• "establish justice, ensure domestic tranquility, provide for the common defense, and promote the general welfare"
- looks at the budget
-social security and national defense

institutions

the organizations, norms, and rules that structure government and public action

we are a nation of ideas

American Exceptionalism: the view that the US is uniquely characterized by
distinct ideas, different from any other. There are eight of them

The eight values

- liberty
- self-rule (democracy)
- limited gov.
- individualism
-American dream
- equality
- faith in God
- diversity
◦ the foundation of American politics
•Americans disagree with what they mean

1 Liberty "land of the free"

freedom: the ability to pursue one's desires w/o interference from others
• negative liberty: limit gov action. freedom in absence of constraints
◦ positive liberty: freedom to pursue one's goals
- individuals cannot be free without the basic necessities of life
- every person has food shelter, etc

2 Democracy

→ Democracy
•gov where citizens rule directly
• referendum: citizens vote directly on the issue
-initiative: citizens propose new laws
→ A republic:
•gov where citizens rule indirectly through electors
→mixed system: us is both

3 limited government

• Americans distrust centralized leadership
• limit leadership power
• conservatives: YUCK! ! traditional, national defense,
limit gov spending
• liberals: cultural diversity, better , gov programs
• Americans do not like gov then demand gov actions

4 individualism

• individuals responsible for themselves
→ social democracies emphasize community
• responsible for each other, solidarity, gov assistance
→ individuals responsible for family

5 American dream

• talented and work hard will achieve success
→ spreading the dream
• legacy of the Revolutionary war Of the American Dream to all Classes
→
challenging the Dream
• System tilted to the wealthy. top 1% enjoy national wealth
• the gap between rich & poor

6 equality

- three equalities
1) social equality:
→ no fixed social class
→ all individuals have the same status
2) political equality :
→ right to vote & Same political rights
3) economic equality :
→ Small differences in wealth and today's nation turned toward inequality

7 religion

religion: plays role in American politics
• so many religions :
→ Americans can choose religion
- politics of religion
•cannot force religion on others

-may cause people to devote life to politics

8 diversity

US extremity diverse
•
"melting pot": becomes homogeneous
• mosaic: every group retains the identity
→ all get along •birthright citizenship: every child born in the US is a citizen

the constitution

• modern questions & it still applies
• disagreement
•4,000-word doc on 4 pages of parchment
•document silent on topics Americans worry about (internet)
•we have to interpret how the constitution applies today

the declaration of independence

Declared independence.
Mobilized army.
Organize government.
Adopted Declaration of Independence
Statement to world of America’s purpose
Two parts: statement of principles, list of grievances

Principles we hold these truths in the declaration of independence

The Principle: “We Hold These Truths . . .”
All people are equal
Their creator endowed them with rights that cannot be taken away
These rights include life, liberty, and the pursuit of happiness
People form governments to protect those rights
Governments derive their just powers form the consent of the governed
- Grievances
Violations of the right of representation
Standing army not under civilian control
Loss of an independent court

What was the first American government called?

The Articles of Confederation.
- When the United States declared its independence, it linked the 13 former colonies – now states – into a confederation.

Articles of confederation: National government

National government weak
States strong
Congress selected and paid for by the states
No chief executive
No central authority to tax
No central power to muster an army
Each state had single vote in Congress
Changes required agreement of all thirteen states and could not raise money

How much power to the people? (constitutional convention)

Government answers to the people
Too much power to the people leads to chaos
Indirect elections
- Public votes for those who would vote for public officials
- Public less involved in government

national gov vs state gov (constitutional convention)

Most authority granted to national level
Compromise on a system that included both national and state power

constitutional convention

articles of confederation not working so scraping it completely

president (constitutional convention)

individual, four year term, electoral college will decide

separation of powers (constitutional convention)

Each branch has a job to do
Legislative power in Congress
Executive power in the president
Judicial power in the courts
- checks and balances: Each power is balanced by a countervailing power in another branch
Each branch involved in the others’ business
Most distinctive feature of American Constitution

a principle we are ashamed (constitutional convention)

Slavery
Delegates wanted strong union more than they hated slavery
Three-fifths Compromise: slaves counted as three-fifths of free population
Slave Trade continued for twenty years

preamble

Authority rests on “we the people”
Six goals for the new government
Form a strong union
Establish equal justice for all
Insure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure liberty for ourselves and our posterity

overview of constitution

Article 1: Congress
Article 2: The President
Article 3: The Courts
Article 4: Relations Between the States
Article 5: Amendments
Article 6: The Law of the Land
Article 7: Ratification

anti-federalist

-Thomas Jefferson
Argued against ratification
Classical Republicanism
-small and local is best, maximum popular participation

the federalist

James Madison, Alexander Hamilton, John Jay wrote the arguments
Federalist Papers
Pro-Constitution editorials
Federalist 10: argues large national government can protect liberty more than small local governments
Federalist 51: popular government must be organized to protect minorities from majorities
Have many factions to keep any one from dominating
Federalist 72 Hamilton offers a definition of public administration.
The Decision of 1789

two strong arguments

Anti-Federalist: local government that responds directly to the people, a modest government that left power in state and local hands
Federalists: national government could protect people’s rights, could protect the nation, and secure liberty

A Very Close Vote
Small states ratified quickly and unanimously
Larger states were slower
If 3 percent of delegates across Virginia, Massachusetts, New York had changed vote would not have been ratified
It took more than a year before the Constitution was approved.

the bill of rights

First ten amendments
Rights and liberties that every citizen is guaranteed

what do amendments do

Extend rights
Adjust election rules
Change government operations
Affect governmental powers over individuals

originalism

relies on the original meaning of those who wrote the Constitution

Pragmatism

living, breathing, changing Constitution speaks to each generation differently

federalism

relationship between different levels of government, sharing power while they squabble over policy, funds, and who gets what

unitary government

Most nations in the 1780s
National polity governed as a single unit, with the central government exercising all or most political authority
National government makes policy for the nation
Local government is an administrative extension of national government

confederation

Group of independent states or nations that yield some of their powers to a national government, although each state retains a degree of sovereign authority
Most power in the states or provinces
Weak central authority for common defence or economic benefits
Americans tried under Articles of Confederation

Constitutional Convention delegates devised an innovative hybrid

federal system in which power is divided and shared between national and state governments
Constitution gives some decisions to national government and others to the states
Conflict is built into the system
Also have independent local governments
Derive authority from state government

Advantages of State-Level Policy

States more responsive to citizen needs and desires
States offer more protection for individual rights
Federalism fosters political innovation
Federalism gives people more choices

advantages of national policy

More fair
Equalize resources across the nation
Standardize best practices

National government in charge of three major areas

1) International relations
2) Internal improvements
3) Regulated relations and commerce between the states
States retained control over almost everything having to do with individual citizens

how does federalism work

The Constitution grants national authority
Nineteen powers vested in the national government: delegated powers

commerce clause

empowers Congress to regulate commerce

Necessary and proper clause

Congress’s constitutional authority to exercise the necessary and proper powers to carry out its designated functions: implied powers

Supremacy clause

national government’s authority prevails over any conflict

inherent powers

neither specified or implied but necessary for government to fulfil their duties

federalism works by The Constitution authorizes shared power

States and national authorities share many responsibilities
Concurrent powers: governmental authority shared by national and state governments
Full faith and credit: constitutional requirement that each state recognize and uphold laws passed by any other state
Constitution empowers and limits both the national and the state governments

Dual Federalism, or the Layer Cake (1789-1933)

State and national governments had relatively clear responsibilities
State government wielded at least as much authority as the federal government
“Layer cake” federalism: separate layers of government

Cooperative Federalism, the Marble Cake (1933-1981)

President Roosevelt and large Democratic majorities in Congress strengthened national government’s role
Active federal government and blurred lines of authority
Marble Cake: different government functions swirled together
Federal funds through grants-in-aid with specific instructions about how the money could be spent

Contested Federalism, the Super-Swirl Cake (1981-2020)

Reagan presidency (1981-2020) tipped pendulum of power away from national officials, more authority to states
Super Swirl Cake Federalism: government authority mingling governing authority with high partisan conflict
New Federalism: authority from federal officials to stae and local officials
Block grants: national government funding to specific policy areas with fewer restrictions
Progressive Federalism: national government sets program goals and states determine how to achieve them

issues in federalism: unfunded mandates

Obligation imposed on state or local government officials by federal legislation, without sufficient funding support to cover the costs

issues in federalism: reducing federal gov

Devolution: transfer of authority from national to state or local government level
Preemption: invalidation of a U.S. state law that conflicts with a federal law

civil liberties

limits on government so that individuals can exercise their personal freedoms

civil rights

freedom to participate in the full life of the community—to vote, use public facilities, and exercise equal economic opportunity
The battle for civil rights led to more robust civil liberties

freedom of religion establishment clause

Congress shall make no law establishing or favoring one religion over another, or religion over no religion.

freedom of religion free exercise of religion

Sherbert or Balancing Test
Government cannot impose a significant burden on an individual’s ability to exercise his or her faith

freedom of speech

A Preferred Position
Of all civil liberties, free speech holds a preferred position
When another right conflicts with the right to free speech, generally the right to free speech will be protected. Free speech usually wins.

political speech

Clear and Present Danger
speech if officials believe that the speech will lead to a prohibited action such as violence or terrorism
The clear and present danger test stood for over 50 years and was rewritten in 1969 saying that a state may not interfere with speech unless the speech “incites imminent lawless action” and is likely to actually produce such action.

symbolic speech

Act, rather than actual speech, used to demonstrate a point of view
May not intimidate others

obscenity

Obscenity is NOT a form of protected speech, although its interpretation is often criticized as being somewhat subjective.
Court flatly forbids child pornography

libel

Publishing falsehoods about a person, is not protected, and neither is slander, which is speaking falsehoods about a person.
Proving libel or slander against public officials requires showing malicious intent, or a “reckless disregard for the truth.” It is more difficult to prove libel or slander against a public official.

right to bear arms

The supreme court defends a lot, is militia outdated now?

USA Patriot Act

legislation that sought to enhance national security, passed in the aftermath of September 11, 2001 terrorist attacks

Contacts with Forbidden Groups

Rules enhanced that bar Americans from offering aid to terrorist organizations

The Rights of Noncitizens

Most rights extended to non-citizens
Immigration law applies to non-citizens, rights more restricted

Seven Steps to Political Equality

Group defines itself
Group challenges society
Stories change
Federalism comes into play
Executive branch often breaks the ice
Congress legislates a blockbuster
It all ends up in court

abolition

Nineteenth century movement demanding an immediate and unconditional end to slavery
Abolitionists diverse for the time
start to fight against slavery

economics

Every new settlement: slave or free?
Slavery opposed for moral and economic reasons

polotics

Political balance between slave states and free states in Congress
Slaves gave southerners an additional thirty-six seats in the House of Representatives
drew a line through the Louisiana Territory Missouri Compromise of 1820
North of line free, except Missouri
South of line slavery

Dred Scott v. Sandford

1857 Supreme Court decision
Slave, Dred Scott, sued for freedom
Supreme Court ruled not free because territories nor federal government had power to limit slavery or give black man rights
Ruled Missouri Compromise unconstitutional

emancipation proclamation

Freed the slaves in areas rebelling
No power to enforce his decree

Gettysburg address

Lincoln: announced “a new birth of freedom”
“Government of the people, by the people, for the people” rewrote the idea of freedom

freedom fails

Reconstruction
Failed effort, pursued by Northerners and Southerners, to rebuild the South and establish racial equality after the Civil War
- Dreams of racial equality slipped away
North withdrew army from the South
Congress repealed laws that implemented Civil War amendments, no national mechanism left to enforce

State governments gutted Fifteenth Amendment 1890s

Grandfather clause: if grandfather had not voted could not vote
Poll taxes
Literacy tests: requirement that voters be literate

National Association for the Advancement of Colored People (NAACP formed 1909)

civil rights for black people group
President Roosevelt created Fair Employment Practices Committee 1941
President Truman desegregated the armed forces 1948
NAACP went to court and chipped away at Jim Crow laws
President Roosevelt appointed a court sympathetic to civil rights

brown vs board of education

1954 ruled that segregated schools violated equal protection clause

Civil Rights Act of 1964

Forbade state and local governments from denying access to public facilities on the basis of race, color, or national origin
Employers could not discriminate
Private business could not discriminate
Led to rapid integration of southern schools

Voting Rights Act of 1965

Protected voting rights
Secured Fifteenth Amendment

Seneca Falls Convention

first convention dedicated to women’s rights

women in the courts

Women targeted the courts
Challenged discriminatory state laws, case by case
Gender was a non-suspect category: upheld as long as it had some rational connection to legitimate state purpose
Court lifted gender into category of heightened scrutiny, 1976
Recent court decisions have made it more difficult to sue for discrimination

Hispanics

Largest minority group
Challenging Discrimination
League of United Latin American Citizens (LULAC), 1929
Fought segregation through lawsuits
Latino school segregation struck down 1947

Chicanismo

defiant movement expressing pride in Latino origins and culture in the face of discrimination

Chinese Exclusion Act of 1882

barred chinese immigrants

asian americans

Third largest minority in the United States

people with disabilities

Before 1970 people with disabilities lived outside mainstream society
Section 504: no handicapped person denied access to any program that received federal funds
Americans with Disabilities Act of 1990 forbade companies form discriminating against handicapped people, make reasonable accommodations