govt

Government

the institutions and processes through which public policies are made for society. If the decisions and policies of the government are not obeyed, there is a risk of punishment for non-compliance.

Features of the Articles of Confederation

-the lack of the power to tax

-the lack of the power to regulate trade between the States

-a legislative institution were the States were represented equally

-NOT a strong executive branch

Federalism

a form of government in which power is divided between the federal, or national, government and the states

Shay's Rebellion

It was the incident that showed that there can no longer be 13 independent nations. An incident in western Massachusetts. The farmers had borrowed money from the banks, in exchange, the band said "I'll lend you money", and if you don't pay back when the loan is due, property will be taken. Take away property. When loan was due, farmers couldn't pay the money. The property was taken away. Daniel Shays (captain and was previously fighting Great Britain) was leading the group of farmers and telling the farmers that this was unfair, he was fighting against the bankers. All in all, beat up bankers who were trying to take farmer's property.

Pluralist theory

One person has very little potential for making a change, so joining an interest group with the same shared opinion can gain more votes for what the government should do. It helps control the power. But the government essentially chooses the most important interest group (which is typically the elitists).

Elite theory

The elites of society (the rich) have the most power regardless of the number of interest groups. Money gains power over the government. $ talks!

Primary cause of political conflict

Uneven distribution of property (wealth is determined by how much property you own). Can't make an equal distribution.

3/5 Compromise

the decision at the Constitutional convention to count slaves as 3/5 of a person for the purpose of deciding the population and determining how many seats each state would have in Congress

policy agenda

the list of issues that the federal government pays attention to (on their agenda)

14th amendment provisions

defined citizenship & guaranteed all equal protections under law, counter-acted presidents pardon, states need to let Africans vote, any states that don\`t allow eligible voters to vote looses % of representation in congress, bans confederate leaders from federal/state offices

1st amendment topics

Religion, speech, free press and fair trials, assemble, petition

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion. No US church.

Excersise Clause

even if its life or death, cannot stop from religious beliefs to save lives (blood transfusion kid example)

FCC

Federal Communications Commission. They issue licenses to radio and television stations, you can't just start a station, you have to have a license. Regulates public airwaves.

Gitlow v. New York

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment. The Supreme Court ruled in the US Constitution that they should apply the actions to the states-1st amendment (Gitlow v New York 1925) Gitlow reversed part of the Barrow decision.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Scott v. Sanford (aka Dred Scott Decision)

This case said that African Americans are considered as human property. Chattel property that had no rights.

Mapp v. Ohio

Mapp V Ohio says that when the police get a search warrant, it has to be extremely specific. What you're looking for, and where you're going to search. Evidence that you collected cannot be used in the trial, the exclusionary rule. Right to remain silent.

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Miranda v Arizona

Miranda Rights- affiliated with the 5th Amendment. Right to remain silent. Right to an attorney. The police have to tell you your rights when they arrest you, otherwise, the arrest can be considered unconstitutional.

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. Schools didn't actually get desegrated until later, they reluctantly did it.

Hernandez v. Texas

A 1954 Supreme Court decision that extended protection against discrimination to Hispanics. Equal protection under 14th amendment.

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities. Bill of Rights cannot be applied to the states

Korematsu v. United States

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal. Separate but equal

5th Amendment Protections

due process of law, double jeopardy, self incrimination. Right to remain silent

Dual Federalism (Layer Cake)

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. no comingling and helping each other

Cooperative Federalism (Marble Cake)

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. Help each other. Started in great depression

Article 1 Section 8

Article 1, Section 8 is a provision within the US constitution. Only given to the United States. All of these provisions are found in Article 1, Section 8. These powers are referred to as enumerated powers on federal govt behalf. Powers only given to the national gov. Enumerated\= list out. Lays out all the power that the national gov has. Power debt, naturalization, collect taxes, commerce.

Civil Liberties

Constitutional freedoms guaranteed to all citizens

civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

incorporation doctrine

the process by which the Bill of Rights was extended to the states and localities, incorporating the states

New Jersey Plan

All of us should have an equal number of government officials from each state.

Bill of rights (first ten amendments)

y1. Freedom of speech, press, assembly, petition

2. Right to bear arms

3. forbids the forcible housing of military personnel in a citizen's home during peacetime and requires the process to be "prescribed by law" in times of war.

4. Equal protection of law

5. Right to remain silent

6. Being able to ask for an attorney and not answering any more questions in court without the help of an attorney

7. civil cases, or lawsuits based on disagreements between people or businesses, have a right to be decided by a jury in federal court.

8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

9. all the rights not listed in the Constitution belong to the people, not the government.

10.the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

John Locke's natural rights theory

Life, Liberty, and Property

symbolic speech

an act that conveys a political message

13th amendment requirements

Ratified after the civil war, forbade slavery. No more slavery. Started reconstruction, and segregation.

Obscenity is not protected speech

Court defines where the line is drawn.

Supremacy Clause

Article 6 of the Constitution, whenever there is a conflict over the powers between any states and local gov, if there is a difference between what the fed and state says, the federal gov is supreme. Fed gets the final say.

19th amendment provision

Women have the right to vote

Delegates to the US constitutional convention

55 delegates, the elites. best educated, wealthiest, owned the most property, traveled the most. Elite of their day and about to write the constitution for 13 states.

Conneticut Compromise

Authors of the constitution created the Connecticut Compromise. Took both ideas and created one branch of gov, called the Senate. Each state has 2 senators. They also created house of representatives, \# of representatives is decided on how many ppl are in your population. Two opposing sides landed them together, hence compromise.

Government decisions

Public policy

Hyperpluraism

The government trying to satisfy everyone's wants. Pluralism gone wild. Giving everyone what they ask for, even if it's just a little bit of what they want. It helps government officials stay in power because they are trying to make everyone happy. Trying to satisfy everyone probably ends up satisfying nobody.

policy gridlock

The government cannot make a decision. Stuck. Not making any progress. Complex problem\=policy gridlock typically.

Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

Individualism

giving priority to one's own goals over group goals and defining one's identity in terms of personal attributes rather than group identifications

linkage institutions

the political channels through which people's concerns become political issues on the policy agenda

policymaking system

The process by which policy comes into being and evolves. People's interests, problems, and concerns create political issues for government policymakers. These issues shape policy, which in turn impacts people, generating more interests, problems, and concerns.

How did the declaration of independence start?

The colonists rebelled. They wanted independence from Great Britain because of the new taxes, so they created The Declaration of Independence. Colonists are DECLARING THEIR INDEPENDENCE.

Who wrote the Declaration of Independence?

Thomas Jefferson and he used John Locke's ideas

DOI natural rights, Jefferson

Life, liberty, and the pursuit of happiness

The Articles of Confederation

A weak constitution that governed America during the Revolutionary War, where all 13 states had their own currencies. Referred to the government that failed

economic turmoil

The problem with 13 diff colonies with diff currencies

What did the Shay's Rebellion lead to?

Going to Philiadelphia and coming up with a new document of articles, the Constitution.

Purpose of government

Protection of property, preservation of wealth

What gives you more power in govt?

No matter what, if you control the money, that gives you additional power.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power. Congress writes law (legislative). The Executive (president) vetoes congressional laws.

Virgina Plan (large state plan)

No, some of us have a much larger population, so \# of gov officials should be based on how big/small the population is. We want to count the slaves too even though we rule their lives. Slaves have no control over what happens in society but want to count them to determine.

Federalists

supporters of the Constitution

Anti-Federalists

people who opposed the Constitution, no individual rights included, they want a bill of rights

How was the bill of rights created?

Result of the federalists making a compromise with the anti-federalists, first thing we will do is provide new amendments in the constitution if you first vote for it

Madisonian System

a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial. Power against power.

Electoral College

the entity that determines who is going to be president. You indirectly vote. Members of the electoral college vote for president.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Equal Rights Amendment

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

Unitary Government

A centralized government in which all government powers belong to a single, central agency. State has all power and control over the local govt. Every state is on a unitary basis.

enumerated powers

The powers explicitly given to Congress in the Constitution.

April 15th

Fed gov has constitutional obligation to collect taxes

Necessary and Proper Clause (Elastic Clause)

Fed gov has power that is not even listed as an enumerated power. Explicitly listed. Gives you more power that hasn't even been spelt out. AKA "implied powers". It's implied they have more power than what is even listed. Done in order to avoid the disaster of power during AoC.

Where are state powers listed?

State powers are listed under the 10th amendment

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law. the national gov has powers that are implied, powers that go beyond the ones that are explicitly listed and stated in the constitution. This court cases made it official. It interpreted the meaning of the necessary and proper clause. Explicit example of what the power the fed gov has. This case gave the fed gov powers that were undefined.

implied powers

Powers not specifically mentioned in the constitution but are necessary (like creating a national bank because it helps economically)

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

When did the govt start to assist the states and give them money?

During the Great Depression. Social security started in this time to assist and help.

How did the govt have more authority over the people?

Because the govt was giving them their money, they were their source of income in a way

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state. Like marriage

intergovernmental relations

The workings of the federal system- the entire set of interactions among national, state, and local governments.

Devolution

Transferring responsibility for policies from the federal government to state and local governments.

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

Fiscal Federalism

financial assistance to another level of govt, primarily from fed govt to state and local govt. The Fed govt has a budget of 3 TRILLION and the state has 3 BILLION, a lot of $ spent of various fed govt, competition between 50 states to get more $ from fed govt.

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions. Such as building an airport

What define civil liberties?

The court cases and the decisions made in the cases

NAACP v. Alabama (right to assemble, 1st amendment)

The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

plea bargaining

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

What 3 tools are used to remove discrimination for groups?

1. US Supreme Court Cases

2. Federal Law/Policies and Constitutional Amendments