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Sovereignty
UN Charter right to self-determination
Hobbes - natural rights + moral protection
Locke - exchange of rights/property for protection
Declaration of Independence
Life, liberty, and pursuit of happiness (not property)
Can revolt if tyrannical
Symbolic, signed by 13 colonies
Articles of Confederation
No executive or judicial, no taxation, no army
9/13 to pass bill, 13/13 to amend (impossible)
Shay’s Rebellion → Constitutional Convention
Constitutional Convention
Virginia vs New Jersey (small) plan → great compromise
3/5 Compromise - representation and taxation
Federalist 10
A large republic can control factions which are inevitable, for stability
Brutus 1
A centralize government will be tyrannical/distant from the people.
Constitution
27 Amendments, first 10 are the Bill of Rights (Antifederalist request)
2/3 of congress, ¾ state to amend
Supremacy Clause
Basic Principles
Separation of powers (checks and balances, veto, injuction, impeachment)
Leg writes laws and power of purse
Exe enforces laws and power of the sword
Judicial interprets laws and power of gavel
Federalist 51
Ambition must counteract ambition, so we trust the checks and balances over the people
Freedom of Speech
Political speech is always protected (Johnson), or political hyperbole (Watts)
Speech in a public forum is more protected than in private spaces
Incitement can be regulated if it causes direct violence/harm
Schenck V. US - clear and present danger, Brandenburg → imminent lawless action
Obscenity - crude, sexual, offensive, based on community standards, and lacks LAPS (lit, art, politics, science)
Libel/Slander - false and malicious speech, public are protected more
Freedom of Press
Prior restraint - can not prevent publication, can’t punish after for printing
NYT v. US - NYT could not be prosecuted for pentagon papers
Freedom of Assembly
Regulations must be content neutral, but can regulate time, place, and manner
Student Rights
Tinker v. Des Moines - students can express political beliefs as long as no substantive interference (Vietnam)
Bethel - obscene speech can be censors at assemblies
Hazelwood - school sponsored articles can be censored if violates educational mission
TLO - students can be searched by school official with reasonable suspicion
Morse - students can be punished for speech that goes against the mission of school (bongs 4 jesus)
Writ of Certiorari
an official request for an appeal
Judicial Review
Supreme Court ability to declare laws, rules, or actions unconstitutional
Stare Decisis - principle that courts should follow higher courts
Federalist 78
The implied power of judicial review protects the government and the judicial branch is already weak, established in Marbury v. Madison
Second Amendment
State milita → individuals in Heller
McDonald v. Chicago - it applies to state and local laws (incorporation)
Judicial Philosophies
Originalism - preventing judicial overreach, no new rights that aren’t stated
Living Constitutionalist - keeps the constitution in context of modern times
Judicial Restraint - should leave policy to political institutions, so hesitant to strike down laws
Judicial Activism - should feel free to step in and protect rights
Democracies
A republic - representative government
Elite Democracy - a few people (wealthy or educated) make decisions for all
Trustee - to trust the representatives to make the best decisions
Pluralist - many organized groups compete for control
Participatory Democracy - citizens have direct influence
Delegate Model - representatives should follow voter opinion
Politico Model - a combination of delegate/trustee
Bureaucracy
System of agencies and government employees who carry out laws and programs
They generally fill in the specifics of the law, not congress (agency proposal)
If no budget → shutdown
Interest Group
Corps, nonprofits, individuals who have a common political goal (special interest)
Lobbying → donations/iron triangles (Congress → Bureau → Lobby)
Former staff/politicians become lobbyists
Pork barrel legislation → money for local projects for votes
Powers of Congress
Article I - for taxes, borrowing money, commerce, post offices, patents, etc.
Elastic Clause - necessary and proper clause, i.e highways for post office
Oversight - calls hearings and special committees to investigate
Impeach - 2/3 of senate to convict
Powers of President
Commander in Chief
Deployment of Forces - War Powers Resolution - 60 days without declaring war w/ congress
Nominating federal judges. cabinet, ambassadors
Bully Pulpit - power to persuade the public
Federalist 70
Energy in the executive to respond to crisis
Executive Orders
Official directives by the president on how to carry out laws
Signing statements - expressing a specific interpretation of a law while signing it
Executive agreements - foreign policy, a treaty without senate approval
Executive Branch (led by who and includes who)
Led by the president, includes all employees, departments (State, Treasury), and agencies (NASA, CIA)
The Cabinet
Political appointees who run executive branch departments
Political appointees include advisors and strategists, but most jobs are civil service (merit)
Nominated by president, approved by senate
25th Amendment of succession (unable to discharge duties)
Immigration Policy (the three departments/agencies)
State department - processes visas/citizenship, debated between family-based or merit immigration decisions
Customs and Border Protection - screens people and vehicles at the border, debated on how to effectively control entry, and asylum
ICE - investigates, detains, deports immigrants who commit crimes or are in the country without authorization, debated on who, what rights, etc.
Political Socialization
The process people form their political beliefs
Ideology - basic political values
Your family is the best predictor of your future political beliefs
Generational effect theory - major events changes beliefs
Life cycle effect theory - getting older changes beliefs
Partisanship - individual’s identification with a party.
Ideological Values (Government involvement, economy)
Conservative - favoring tax cuts, less regulations (fiscal) vs opposing changes to traditional morality (social), right wing
LAISSEZ-FAIRE FISCAL POLICY: Little gvmt intervention in business
SUPPLY-SIDE ECONOMICS: By freeing trade, the economy will grow
Liberal - government involvement to decrease inequality and active social changes (left wing)
KEYNESIAN FISCAL ECONOMICS: Gvmt must spend money for economic growth
Libertarian - favoring limited government involvement in economic or social, radicals prefer abolition of gov. for voluntary orgs.
Socialist - regulating capitalism through free public service (paid by gov), radicals abolish all private property through authoritarian means
Party Coalitions
Alliances across interests/demographics to win majorities
New Deal Coalition - labor unions, white south, racial/ethnic minorities
Reagan Coalition - social conservatives, wealthy business owners, white south
Identity Politics - strategy of talking about specific issues to build/activate coalition
Framing - specific phrasing of issues to shape view
Pro-life vs Pro-Choice, Death tax vs estate tax, Obamacare vs Affordable Care Act
Media Coverage
Press Secretaries - people who politicians have speak to reporters
Horserace journalism - watching whos ahead in polls, easy, cheap, captivating (not on issues)
Watchdog journalism - watching government officials and if they are acting in public interest, against corruption, slow, unpopular, expensive
Taxes
Income tax - job earnings, a progressive one focuses against wealthy, flat one for everyone
Sales tax - paid on things you buy (regressive tax, affects poor)
Capital Gains Tax - paid on investment earnings, generally lower (meaning wealthy benefit)
Property tax - land and buildings, fund public schools
Federal Budget
Discretionary Spending - decided each year
Mandatory Spending - not decided each year (Social Security, Medicare, Medicaid)
Deficit - spending > revenue → National Debt
Debt ceiling crisis - fears of defaulting on debt
The president proposes a budget, but house and senate write their own versions
If can not agree → shutdown
Fiscal vs Monetary Policy
Fiscal - controlling economy through gov. spending (Keynesian Fiscal stimulates economy), Congress makes these decisions
Monetary Policy - controlling economy through value of currency (lowering and raising interest rates for inflation, also encourages investment), Federal reserve makes these decisions
Legislative Branch
Congress, house and senate!
House - Responsive, chosen every 2 years, power of tax bills, and speaker of the house picks the bills to vote on.
Senate - deliberative, as senators chosen every 6 years, originally by the state legislatures. Power of treaties and nominations.
Filibuster - can prevent a vote in the senate, at least 60 votes to reach cloture. (Nuclear option to remove it is considered)