US GOV (Harvard edX)

Generally, are those is richer nations less or more likely to be religious?

Those in richer nations are more likely to be less religious, with the US being a notable exception. People in richer nations tend to place less emphasis on the need to believe in God to be moral than those in poorer countries.

How do Americans’ political cultural beliefs differ from that of other nations?

Americans beliefs are the foundation of their national identity. Other people take their identity from the common ancestry that led them to gradually gather under one flag. Americans do not have a ancestral kinship group, and thus are linked through an allegiance to a common set of beliefs.

Where do America’s core ideals take root from?

America's core ideals take root from Enlightenment principles, particularly the emphasis on individual rights and democratic governance.

Core American Values

Liberty (property rights being tantamount, individualism (individual is paramount, government is secondary and also one has a sense of self-reliance), equality, and self-government (popular sovereignty — people are the ultimate source of governing authority)

How are America’s cultural beliefs idealistic?

They hold out the promise of a government of high purpose, in which power is widely shared and used for the common good, where individuals are free, independent, and equal under the law. Yet high ideals do not come with a guarantee that people will live up to them. Slavery and racial oppression’s persistence is clear evidence of this.

How does America’s individualistic values affect their view of social welfare for the less fortunate?

The US spends less on welfare, despite having a higher poverty rate than European countries and often emphasizes personal responsibility over government intervention

What is pluralism?

Pluralism holds that, on most issues, the preference of the special interest largely determines what government does '

How did the writers of the Constitution devise safeguards against unlimited power of the majority?

The writers added safeguards, a system of checks and balances, dividing authority among the legislative, judicial, and executive branches so that each branch could check the power of the others. The Bill of Rights was later added to the Constitution a few years later as a further check on the majority.

Corporate power in America

Corporate power (the influence of business firms on public policy) has been a defining feature of American politics since the late 1800s. Roughly 2/3 of all lobbyists in the nation’s capital represent business firms, which also contribute heavily to political candidates. Corporate power can also be seen in the workplace, where US firms have greater control over wages and working conditions than in other Western democracies.

Federalist 51 by James Madison

“It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

Hamdan v. Rumsfeld

A Supreme Court case that ruled military commissions set up by the Bush administration to try Guantanamo Bay detainees were unconstitutional, affirming that detainees have rights under the Geneva Conventions

What is liberty?

The principle that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom and well-being of others

James Madison wrote to Thomas Jefferson shortly after the Constitution’s ratification, “that liberty should be equally exposed to danger whether the government has too much or too little power.”

Some of Congress’s powers are

to tax, establish an army and navy, declare war, regular commerce among the states, create a nation currency, and borrow money

What is Federalism?

the division of political authority between national government and the states, enabling the people to appeal to one authority if their rights and interests are not respected by the other authority

What is Judicial review?

the power of courts to declare governmental action null and void when it violates the Constitution

How can an amendment be proposed?

If 2/3 majority in both chambers of Congress or by a national constitutional convention called by 2/3 of the state legislatures. A proposed amendment would then become law only if ratified by ¾ of state legislatures or state conventions.

Federalist No. 10

An essay by James Madison arguing that a large republic can best control factions and protect individual rights

How the US differs through checks and balances

The US is an extreme case of a democracy placing constitutional limits on the power of government. Most democracies have parliamentary systems, which invest both executive and legislative leadership in the office of prime minister. If the British Parliament under the PM’s leadership enacts a bill, it automatically becomes law, whereas in the US it is subject to veto by a president.

Democracy vs Republic

By the Framers definitions, a democracy is a gov. in which the majority, either directly or thru representatives, has absolute power. Republic refers to a gov. that has limits on its power. Governing institutions are structured in ways that foster deliberation and provide checks against action that would deprive the minority of its rights. The majority has power, but its power is subject to limits

How did the Framers ensure that the gov. they created would be a republic and not a democracy?

the framers created a system of representation that placed most federal officials beyond the direct control of the voters. the house of reps was the only institution that would be based on direct popular election. US Senators would be appointed by legislatures of the states they represented. Bc state legislators were popularly elected, the people would be choosing their senators indirectly. For the president, the Electoral College would grant each state the ability to select electors, who would then elect the president, further distancing the office from direct public influence. Each state has the same number of votes as of members of Congress

Jeffersonian Democracy

Jefferson questioned the Constitution’s limited provisions for self-governing. In a letter to Madison, he objected to its system of representation, voicing the Anti-Federalist’s fear that federal officials would lose touch with the people and ignore their interests. His concerns were heightened under Adam’s presidency, where the nation’s wealthy interested were increasingly favored. Adams publicly stated that the Constitution was designed for a governing elite and hinted that he might use force to suppress dissent. Jefferson challenged Adams in the next presidential election and, upon defeating him, hailed his victory as the “Revolution of 1800.” Jeffersonian democracy was mostly a revolution of the spirit.

Major changes made in the Progressive Era of the early 1900s

• Senators are now directly voted for

• People vote for presidential candidates in primary elections instead of being chosen by party leaders

• Referendums and Initiatives allow citizens to directly vote on legislation or propose new laws

What is Federalism?

The national and state governments directly governs the residents within its assigned territory and share powers and responsibilities, allowing for a division of authority that enables both levels of government to operate independently and collaboratively.

What is a unitary system?

Sovereignty is vested solely in the national government

What is a confederacy?

The states alone are sovereign. They decide the authority and existence of the central government

The argument for Federalism

The strongest arguments for federalism in 1787 was that it would correct the defects in the Articles:
- the national gov. had neither the power to tax nor the power to regulate commerce among the states. Without money from taxes, the national gov. could not finance a sufficient army and without the ability to regular commerce it could not promote the general economy nor prevent trade wars between state.

What are enumerated (expressed) powers?

Powers specifically granted to the US federal gov., particularly Congress, by the Constitution

Federalist No. 10

Madison argues that a great number of factions and diversity would avoid tyranny. Groups would be forced to negotiate and compromise among themselves, arriving at solutions that would respect the rights of minorities. He further argued that the large size of the country would actually make it more difficult for factions to gain control over others

What is the supremacy clause?

The supremacy clause is a provision in the US Constitution establishing that federal law takes precedence over state laws, ensuring a uniform legal framework across the country. “the laws of the United States… shall be the supreme law of the land.”

What is the necessary and proper clause?

It gives Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing [enumerated] powers.” This clause gives the national government implied powers: powers that are not listed in the Constitution but that are related to the exercise of listed powers.

What are reserved powers?

Reserved powers are those powers that are not expressly delegated to the federal government by the Constitution, but are reserved for the states. This includes powers like regulating intrastate commerce and administering local governments. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States.”

McCulloch v. Maryland

A landmark Supreme Court case that established federal supremacy over state laws and reinforced the implied powers of Congress, confirming the constitutionality of the necessary and proper clause.

What is dual federalism?

A precise separation of national and state authority was both possible and desirable. “The power which one posses, the other does not.”

Grants-in-aid

Cash payments to states and localities. Cash grants increase Washington’s policy influence, since state and local govs. can reject a grant-in-aid, but if they accept it they must spend it the way specified by Congress

Categorical grants

The most restrictive type and can only be used for a specific activity

Block grants

Less restrictive than categorical grants. The federal gov. specifies the general area in which the funds must be used, but state and local officials select the specific projects

Devolution

The idea that American federalism can be strengthened by a partial shift in power from the federal government to state and local governments. It rests on the belief that federal authority has intruded too far into areas belonging to state and local governments. Block grants have increased due to this belief.

Bill of Rights

Individual freedoms given to the people against the government, which the government must protect

1st Amendment

Protects freedoms of speech, religion, press, assembly, and petition

2nd Amendment

Protects the right to keep and bear arms

3rd Amendment

Prohibits the quartering of troops in private homes without the owner's consent

4th Amendment

Protects against unreasonable searches and seizures

5th Amendment

Guarantees the right to due process and prohibits self-incrimination and double jeopardy

6th Amendment

Guarantees the right to a fair and speedy trial, an impartial jury, and the right to counsel

7th Amendment

Guarantees the right to a jury trial in civil cases

8th Amendment

Prohibits excessive bail and cruel and unusual punishment

Reconstruction Act

Legislation passed in 1867 that required the Southern States to protect newly freed slaves’ rights, and until they did they were to be placed under military rule

Due Process Clause

Part of the 14th Amendment that prohibits state and local governments from depriving individuals of life, liberty, or property without fair legal procedures (due process of law)

Gitlow v. New York

a landmark Supreme Court case that held that the First Amendment's guarantees of free speech and press are applicable to the states through the Fourteenth Amendment's Due Process Clause

Selective incorporation

The use of the 14th Amendment to apply selected provisions to the Bill of Rights to the states. the incorporation process is selective in that the Supreme Court has chosen to protect some Bill of Rights guarantees from state action but not others.

Clear-and-present-danger test

A judicial standard used to determine whether certain speech can be limited based on its potential to incite illegal action or harm

Imminent lawless action

A federal law that made it a crime to advocate the violent overthrow of the government or to belong to organizations that advocated such actions. Gives Americans the freedom to express nearly any political opinion they want, including “hate speech.”

Snyder v. Phelps (2011)

A Supreme Court case that upheld the First Amendment rights of Westboro Baptist Church to protest at military funerals, ruling that speech addressing public issues is protected, even if it is offensive

New York Times Co. v. United States (1971)

A landmark Supreme Court case that reinforced the right to freedom of the press by allowing the publication of the Pentagon Papers, ruling that prior restraint is unjustified

Prior Restraint

A legal doctrine that prohibits government from prohibiting speech or publication before it occurs, often deemed unconstitutional unless under extraordinary circumstances

Libel vs slander

Legal terms referring to defamation; libel is written defamation, while slander is spoken defamation

Establishment clause

Part of the First Amendment of the US Constitution that prohibits the government from establishing an official religion or unduly favoring one religion over another