Poli 477 - Second Half of Course Summary

The Ratification Debates — The Federalist Position

Stressed individual liberty and natural rights over community (‘liberalism’ strand). Concerned about the tyranny of the majority; believed in popular government in a big republic and sought to restrain popular passion through principles and institutions in order to protect liberty

The Ratification Debates — The Anti-Federalist Position

Stressed the importance of self-governing political communities that shape the moral character of individuals and provide for the common good (‘democracy’ strand). Believed that the preservation of liberty and successful democracy required the limitation of some forms of personal liberty

Why was the judiciary a contentious issue during the Philadelphia Convention?

Due to concerns from Anti-Federalists about unchecked judicial power and fears of judges becoming imperial, contrasting with Federalists' views of the court as a restraint on majorities and a safeguard for the Constitution

What were the Anti-Federalists' concerns regarding the judiciary during the Philadelphia Convention?

Expressed concerns that judges would become imperial, removed from popular accountability, and operate with unchecked power, interpreting laws according to their own will, potentially overriding legislative intent and state sovereignty.

What was the Federalist argument for a strong judiciary, as articulated by Alexander Hamilton?

Argued that the court would act as a restraint on unruly majorities, serving as an impartial arbiter of the law, protecting the Constitution from legislative encroachments, and safeguarding individual liberties.

Federalist No.70

Argued for a single executive (President) over a council, emphasizing that unity promotes decisiveness, secrecy, and speed crucial for good government, especially during emergencies

Federalist No. 72

Argues for the re-eligibility of the President (Executive) in order to enhance governance by allowing them to serve multiple terms to ensure continuity and stability in leadership as well as keeping leaders in check

Federalist No. 78

Argues for the importance and independence of the Judiciary, establishing judicial review to check legislative and executive powers, ensuring the protection of individual rights and adherence to the Constitution; described by Hamilton as the weakest branch due to its reliance on the other branches to enforce its decisions

What is Civil Law?

Establishes a framework for overseeing relationships between private parties, individuals, associations, and firms, covering disputes such as contracts, property, and torts. Typically aims to compensate the injured party or resolve the dispute, not to punish

What is Public Law?

Concerns cases involving the government or constitutional rights of citizens. Includes constitutional law, administrative law, and criminal law, dealing with relationships between individuals and the state.

What is Constitutional Law?

A form of public law focused on judicial scrutiny of government or private actors regarding their constitutional adherence. Involves interpreting the U.S. Constitution and ensuring that laws and governmental actions comply with its principles

What is Administrative Law?

Governs the activities of administrative agencies of government, dealing with issues such as rulemaking, adjudication, and enforcement of regulatory agendas (e.g., environmental protection, labor relations).

What is Statutory Law?

Refers to laws passed by a legislature, such as Congress or state legislatures. These are written laws declared by statute which are codified into legal codes

What is Common Law (Case Law)?

Law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive action; relies heavily on stare decisis

What is the legal principle of Stare Decisis?

Legal principle meaning “to stand by things decided,” obligating courts to follow historical cases when making a ruling on a similar case. This ensures predictability and stability in the legal system

What are the three tiers of the federal court system?

1. District Courts

2. Appeal Courts

3. The Supreme Court

What are Federal District Courts?

The venue for ordinary civil and criminal trials at the federal level, comprising 94 courts nationwide, with each state having at least one; handle hundreds of thousands of cases annually

What are Federal Appeal Courts?

Handle cases brought to them on appeal from district courts or federal administrative agencies. There are 11 separate courts of appeals across the US, a 12th for DC, and the 13th (Federal Circuit) specializing in patents and financial claims against the government

How does the Supreme Court operate as an appellate court?

Operates as a generally appellate court through discretionary reviews, granting writs of certiorari to select cases. There are no automatic rights of appeal except in specific instances, like inter-state lawsuits or cases involving foreign ambassadors

What is the primary role of the Supreme Court?

Serves as the highest court in the US and the final judicial authority. Empowered with judicial review, enforcing checks and balances, protecting civil rights and liberties by invalidating unconstitutional laws, and maintaining limitations on democratic governance

What is the "Rule of Four" in the Supreme Court's case consideration process?

Dictates that at least four justices must agree on the hearing of a case for a writ of certiorari to be granted, allowing the case to be heard by the Supreme Court.

What are "amicus curiae" briefs?

Mean “friends of the court"; are submissions filed by interest parties not directly involved in a case. They provide additional legal arguments, data, or perspectives to influence judicial decisions

What happens during oral arguments before the Supreme Court?

Presenting parties argue before justices, typically for 30 minutes per side, who may ask probing questions regarding legal interpretations and precedents

How is the majority opinion writer determined in the Supreme Court?

After deliberation and voting, if the Chief Justice is in the majority, he assigns the majority opinion writer. If not, the assignment goes to the most senior justice in the majority.

What is the difference between a dissenting opinion and a concurring opinion?

A dissenting opinion explains why a justice disagrees with the majority's outcome, while a concurring opinion agrees with the majority's outcome but for different legal reasons

Which clause of the Constitution addresses the Supreme Court's original jurisdiction?

Clause 2 of Section 2 of Article III of the Constitution allows original jurisdiction for cases involving ambassadors, other public ministers and consuls, and those in which a state shall be a party

Which landmark case established judicial review?

Marbury v. Madison (1803) established the judiciary's right to interpret the Constitution and declare acts of Congress unconstitutional, solidifying the principle of judicial review

What was the significance of McCulloch v. Maryland (1819)?

Upheld the constitutionality of the Bank of the United States, affirming the doctrine of national supremacy over states in areas of federal competence

What did Barron v. Baltimore (1833) rule regarding the Bill of Rights?

Ruled that the Bill of Rights limits the federal government, not state governments, a principle later altered by the Fourteenth Amendment's incorporation doctrine.

What was the ruling and impact of Dred Scott v. Sandford (1857)

Ruled that African Americans, enslaved or free, were not citizens and therefore could not sue in federal court; also declared the Missouri Compromise unconstitutional, exacerbating tensions leading to the Civil War.

What was the ruling in Kennedy v. Bremerton School District (2022)?

The Supreme Court ruled 6-3 in favor of Joseph Kennedy, a high school football coach, asserting his constitutional right to engage in prayer on the field, characterizing it as private, personal, and quiet religious expression.

What was the dissenting argument in Kennedy v. Bremerton School District (2022)?

The dissenting justices argued that the Court curtailed the liberty of individuals whose prayers take other forms or who do not practice religion at all, highlighting that a coach-led Christian prayer in a diverse country was inherently exclusionary

What was the ruling and impact of West Virginia v. Environmental Protection Agency (2022)?

The Supreme Court ruled 6-3 in favor of West Virginia, significantly restricting the Environmental Protection Agency’s ability to regulate carbon emissions from power plants by holding that Congress must provide clear and specific direction for such regulations

What was the majority's reasoning in West Virginia v. EPA (2022)?

The majority demonstrated deference to Congress, holding that for the EPA to regulate greenhouse gas emissions, Congress must provide clear and specific direction rather than relying on a broad delegation of power under the Clean Air Act

What was the ruling in Dobbs v. Jackson Women’s Health Organization (2022)?

The Supreme Court ruled 6-3 that “Roe and Casey must be overruled," declaring that the Constitution makes no direct reference to abortion, and thus no such right is constitutionally protected, including the Due Process Clause of the Fourteenth Amendment.

What was the ruling and impact of Moore v. Harper (2023)?

The Supreme Court ruled 6-3 rejecting the "Independent State Legislature Theory," affirming that state courts have the authority to review state laws concerning federal elections for compliance with state constitutions

What was the ruling and significance of Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (2023)?

The Supreme Court ruled that the admissions policies at both schools, which considered race as a factor, violated the Constitution's guarantee of equal protection under the Fourteenth Amendment. This ruling is expected to lead to a significant drop in minority admissions at many institutions.

What was the majority's finding in Students for Fair Admissions (2023)?

The majority stated that admissions programs considering race "lack sufficient focused and measurable objective warranting the use of race."

What was the ruling and significance of Trump v. United States (2023)?

The Court held that former presidents are entitled to absolute immunity from criminal prosecution for acts involving their core constitutional powers and presumptive immunity for all other official acts. The significance lies in the undefined distinction between official and unofficial acts, creating uncertainty and potential legal battles

What is exceptional about the power of the American Supreme Court?

The power and authority of the American Supreme Court and the broader federal court system far exceed that enjoyed by the judiciary in most other constitutional democracies.

How were judicial review and federal supremacy over state law established?

Neither judicial review nor federal supremacy over state law is explicitly mentioned in the Constitution; both were established through groundbreaking Supreme Court decisions (e.g., Marbury v. Madison) and cemented by Chief Justice John Marshall, with eventual acquiescence from other branches and states.

How did the Fourteenth Amendment impact the Supreme Court's role in the late nineteenth and second half of the twentieth centuries?

In the late 19th century, the Court used the Fourteenth Amendment's Due Process Clause to protect private property. In the second half of the 20th century, it relied on due process to combat racial injustice and expand rights, applying Bill of Rights protections to the states.

How did the Supreme Court interpret the Commerce Clause during the New Deal era?

During the New Deal era, the Supreme Court adopted a very broad interpretation of the Commerce Clause, permitting significantly greater latitude for the federal government to intervene in policy realms previously considered reserved for the states, drastically expanding federal regulatory power.

What are "programmatic rights" as declared by the Warren and Burger Courts?

Rights 'discovered' in federal statutes, encompassing government benefits, services, and protection, often requiring positive government action and arising as a joint product of legislative, administrative, and judicial action. Their declaration made the Court more dependent on other governmental agents for implementation.

What does the increasing controversy around judicial confirmations indicate?

The increasingly contentious nature of the confirmation process for Supreme Court and federal appeals court justices clearly illustrates the increasing involvement of the courts in politically controversial policy arenas, where judicial appointments are seen as crucial for shaping policy outcomes.

What is the judiciary's role in restraining threats to liberty in the U.S. system?

The judiciary plays an especially important role in the U.S. system by restraining potential threats to liberty posed by mass democracy, acting as a check on majority rule and popular passions.

What is "judicial substitution for deliberation"?

"Judicial substitution for deliberation" describes the increasing tendency for judicial authority to resolve profound and controversial issues, such as redistricting or abortion rights, instead of relying on public and legislative deliberation.

What was the context and opinion of Gonzales v. Oregon (2006)?

This case involved Attorney General John Ashcroft's rule to prevent doctors from using federally controlled substances for assisted suicides, challenging Oregon's Death with Dignity Act. The Supreme Court ruled that Ashcroft's rule was not entitled to deference, as Congress had not granted him that authority, determining the Controlled Substances Act was for drug abuse, not medical practice regulation.

What was the significance of the Court's basis in Gonzales v. Oregon?

The Court's opinion rested on principles of administrative law rather than the Constitution, but was influenced by a federalist sentiment that medical practice regulation generally belonged to the states.

What was the context and opinion of Hamdan v. Rumsfeld (2006)?

This case challenged the legality of military commissions established by the Bush administration at Guantanamo Bay for trying terrorism suspects. The Supreme Court struck down the tribunals, finding fault with their structure and procedures, and with President Bush’s claim of inherent power to unilaterally execute the War on Terror.

What was the significance of the Hamdan v. Rumsfeld (2006) decision?

The Hamdan decision suggested that the Court had become less deferential to the president regarding his expansive role as commander-in-chief and war leader, particularly concerning the due process rights of detainees.

What are Civil Liberties?

Civil Liberties are protections of citizens from improper governmental action, generally acting as restraints on what the government cannot do (e.g., freedom from arbitrary government interference). They are largely enshrined in the Bill of Rights.

Provide examples of civil liberties from the Bill of Rights.

Examples include freedom of religion (Amendment I), the right to bear arms (Amendment II), protection against quartering soldiers (Amendment III), protection against unwarranted searches and seizures (Amendment IV), and protection against self-incrimination and double jeopardy (Amendment V), and protection from cruel and unusual punishment (Amendment VIII).

What are Substantive Liberties?

Substantive Liberties place limits on what the government shall and shall not have the power to do, such as prohibiting the establishment of a religion or seizing private property without just compensation.

What are Procedural Liberties?

Procedural Liberties deal with how the government is supposed to act, with the best-known example being the presumption of innocence until proven guilty.

What are Civil Rights?

Civil Rights are obligations imposed on government to guarantee equal citizenship and protect citizens from discrimination by other private citizens and governmental agencies. They became significant with the adoption of the Fourteenth Amendment in 1868.

What is a key difference in how civil liberties and civil rights issues arise constitutionally?

Civil liberties issues generally arise under the "due process of law" clauses, while civil rights issues generally arise under the "equal protection of the laws" clause.

How did Barron v. Baltimore (1833) define \"dual citizenship\"?

Barron v. Baltimore (1833) established the idea of "dual citizenship" by holding that the Bill of Rights only applied to the federal government and did not restrict state governments.

13th, 14th, & 15th Amendments

• 13th: Formally abolished slavery

• 14th: Granted citizenship to all people born or naturalized in the US cluding formerly enslaved people) and guaranteed all citizens "equal protection of the laws" and "due process" at both state and federal levels

• 15th: Forbade the states from denying citizens the right to vote on the basis of race, colour, or previous conditions of servitude

How did Brown v. Board of Education (1954) signal a shift in the Supreme Court's role?

Signaled a shift as the Court began to assume an active role, closely scrutinizing state laws and state court decisions, leading to a national Fourteenth Amendment standard for all citizens' rights and liberties

What is Selective Incorporation?

Selective incorporation is the process by which the Supreme Court gradually applied the provisions of the Bill of Rights to the states one by one through the Due Process Clause of the Fourteenth Amendment, following cases like Brown v. Board of Education.

What was the significance of the \"equal protection of the laws\" clause in the Fourteenth Amendment?

The clause \"No state shall make or enforce any law which shall… deny to any person within its jurisdiction the equal protection of the laws\" was a simple yet powerful statement whose full meaning was left open to interpretation, becoming the basis for civil rights protections.

What was the \"separate but equal\" doctrine and which case established it?

The \"separate but equal\" doctrine, established by Plessy v. Ferguson (1896), legally sanctioned racial segregation as long as the separate facilities provided to each race were ostensibly equal in quality, legitimizing Jim Crow laws for over half a century.

What two key things did Brown v. Board of Education (1954) fundamentally alter in the constitutional framework?

Brown v. Board of Education (1954) fundamentally altered the constitutional framework by ensuring states could no longer use race as a criterion of discrimination in law, and by providing the national government a solid constitutional basis to intervene against discriminatory actions by state, local, or private entities.

What rights of the accused were expanded by Supreme Court rulings by 1969?

By 1969, Court rulings expanded: the right to counsel (Gideon v. Wainwright, 1963), exclusion of illegally seized evidence (Mapp v. Ohio, 1961), protection against double jeopardy (Benton v. Maryland, 1969), and "Miranda rules" (Miranda v. Arizona, 1966).

How did the Supreme Court expand the concept of a \"right to privacy\"?

The Court expanded the concept of a \"right to privacy,\" inferred from various amendments, in cases concerning birth control (Griswold v. Connecticut, 1965), abortion (Roe v. Wade, 1973), homosexuality (Lawrence v. Texas, 2003), and assisted suicide.

How did the definition of civil rights broaden post-Brown?

The definition of civil rights broadened beyond African Americans to include other victims of discrimination (e.g., women, people with disabilities, LGBTQ+ individuals) and shifted toward "programmatic rights," aiming not just to eliminate discrimination but to create new opportunities (Affirmative Action).

What is Affirmative Action?

Represents policies designed to address past and present effects of discrimination by providing preferential treatment to historically disadvantaged groups, advanced through judicial decisions, congressional statutes, and administrative agency actions.

What is an interest group?

An interest group is an organized group of individuals or organizations that makes policy-related appeals to government, primarily to influence government decisions, rather than to win elections and control government.

What are the key functions of interest groups?

1. educate members and the public

2. lobby members of Congress, the President, and executive branch agencies

3. engage in legal action

4. represent members’ interests

5. promote democracy by encouraging political participation and educating legislators.

What are potential drawbacks of interest groups?

Larger interest groups with more members and financial resources tend to possess more influence, potentially skewing government decisions in favor of well-funded or highly organized interests at the expense of others, embodying James Madison's concern about \"factions.\"

What are the general types of interest groups?

The general types include:

1. Economic Lobbies: Represent businesses, industries, and specific economic sectors (e.g., National Association of Manufacturers).

2. Labor Lobbies: Advocate for workers and labor unions (e.g., AFL-CIO).

3. Professional Lobbies: Represent specific professions (e.g., American Medical Association).

4. Public Interest Lobbies: Advocate for causes benefiting the general public or specific segments (e.g., environmental groups).

What three requirements do all effective interest groups need?

All effective interest groups require money, strong leadership, and a motivated membership base to function effectively.

How do interest groups influence policy through direct lobbying?

They directly communicate with legislators and staff, influence presidential policy through appeals and advisory roles, and lobby bureaucratic agencies to shape administrative rules and enforcement.

How do interest groups use the courts to influence policy?

They can bring direct lawsuits, secretly finance lawsuits brought by individuals, and file \"friends of the court\" (amicus curiae) briefs to influence judicial decisions.

How do interest groups mobilize public opinion?

They mobilize public opinion through advertising campaigns, publishing opinion-editorials (op-eds), organizing protests and rallies, and encouraging \"grassroots\" write-in campaigns, calls, or emails to policymakers.

How do interest groups use electoral politics to influence policy?

They form Political Action Committees (PACs) to contribute money to candidates, engage in campaign activism like voter registration and get-out-the-vote efforts, and provide financial support through various avenues, including \"dark money\" groups.

What is the timeline for a presidential nomination campaign?

Candidate campaigns for party nominations typically run from around April/May of the year before the election year to April/May of the election year itself, starting with state-level contests like the Iowa Caucus.

What is \"front-loading\" in presidential primaries?

Front-loading is when many states attempt to increase their influence in the nomination process by holding earlier primaries, often leading to earlier resolution of the nominee races.

What role do delegates play in the presidential nomination process?

State primaries elect delegates to the national party convention. Most are 'bound' to vote for a particular candidate based on state results, while \"super-delegates\" (party leaders and officials) can vote for any candidate they choose.

What is the modern role of national party conventions?

Today, national party conventions are largely ceremonial events that serve mostly as a coronation of one candidate as the party nominee, with the outcome predetermined by the primaries. They are used to showcase party unity and message ahead of the general election.

What is the determinant factor in electing the U.S. President and Vice President?

The Electoral College vote is the determinant factor in electing the U.S. President and Vice President.

How are electoral votes allocated to states?

Each state is allocated a number of electoral college votes equal to its total number of senators (2) and its number of congressional districts. Washington, D.C., also receives 3 electoral votes.

How does the \"winner-takes-all\" system work in the Electoral College?

In almost every state, the candidate who wins the popular vote in that state receives all of that state's electoral votes. Maine and Nebraska are exceptions, using a district method.

When does the \"official\" election of the President occur?

The \"official\" election does not occur on popular Election Day; instead, Electoral College delegates cast their votes on the Monday after the second Wednesday in December. Congress officially counts these votes typically around January 6.

What is the most common criticism of the Electoral College?

The most common criticism is that the system can result in a president who wins the Electoral College but loses the national popular vote, as seen in the 2000 and 2016 elections.

How does the Electoral College affect presidential campaigning?

Candidates disproportionately focus their campaigning, funding, and efforts on a small number of electorally competitive \"swing states,\" neglecting states considered reliably Republican or Democratic.

What is one argument for supporting the Electoral College concerning urban centers?

Proponents argue that it prevents a few densely populated urban centers from dominating the election, ensuring that rural and less populated areas also have a voice.

How does the Electoral College contribute to political stability?

By reinforcing the two-party system, it encourages political stability and discourages the proliferation of numerous small parties that could lead to unstable coalition governments.

What was a significant cause for the historical decline in American voter participation between the 1880s and 1910s?

The most significant decline in voter participation coincided with the widespread adoption of voter registration requirements by states, which added burdens like in-person registration, early deadlines, and re-registration, disproportionately impacting low-education and low-income groups.

What is gerrymandering?

Gerrymandering is the practice of drawing electoral district boundaries to give one political party an unfair advantage over another or to dilute the voting power of a particular demographic.

Explain \"cracking\" as a gerrymandering technique.

\"Cracking\" involves spreading voters of a particular type (e.g., urban, liberal Democrats) among many districts to deny them a sufficiently large voting bloc in any single district, thereby diluting their vote.

Explain \"packing\" as a gerrymandering technique.

\"Packing\" involves concentrating as many voters of a particular type into one district as possible. This creates a safe seat for one party but intentionally dilutes that party's voting power in surrounding districts, making them easier for the opposing party to win.

How do strict voter ID laws impact voter participation?

Strict voter ID laws, requiring specific government-issued identification, disproportionately restrict the ability of minority groups, low-income individuals, and young people from casting their ballots, as many may not drive or possess such IDs.

What is public opinion?

Public opinion denotes the values and attitudes that people hold about issues, events, and personalities. It is a collective expression of beliefs, norms, and preferences.

What are political values?

Political values (or beliefs) constitute a person’s basic orientation to politics, representing deep-rooted goals, aspirations, and ideals that fundamentally shape an individual’s perceptions and judgments of political issues and events (e.g., liberty, equality, democracy).

What is political ideology?

Political ideology is a complex and interrelated set of beliefs and values that, taken as a whole, form a general philosophy or systematic way of thinking about government and political life (e.g., liberalism, conservatism, socialism).

What is political socialization?

Political socialization is the process by which individuals acquire their political beliefs and values, shaping how they form their opinions.

What is traditionally considered the primary agent of political socialization?

The family is typically the primary agent of political socialization, heavily shaping an individual’s core values, beliefs, and political affiliation.

How do social groups influence political opinions?

Both involuntary groups (e.g., gender, race) and voluntary groups (e.g., political parties, labor unions) provide shared experiences and perspectives that influence and reinforce political outlooks among their members.