Studied by 5 peopleLiberal Democracy
rule of law - majority rule, due process and equal protection of law bill of rights election integrity separation of powers checks and balances
Legislative Branch
Makes laws
Executive Branch
Enforces laws
Judicial Branch
Interprets laws
Illiberal Democracy
Rule of law to punish enemies - majority dominates, due process and equal protection of laws for majorities Stigmatizes political opponents and majority groups Blurred Bill of Rights Questioning elections - only if you lose
Turn-Key Authoritarianism
The party is absolute No questioning leadership no wide-spread elections Mass surveillance Social credit system to monitor citizens
US/Western Model
Freedom and liberties supersede economic and political certainty
Chinese Model
economic and political certainty override freedoms and liberties
Tenets of American Democracy
Personal Liberty Equality Majority rule/popular consent Popular Sovereignty Individualism Religious Freedom
Political Efficacy
Belief you can influence the government
Herald Laswell
Who gets what when and how
Hannah Arendt
escaped concentration camp, became a professor in America, a political writer Banality of Evil - someone who cannot sympathize
Populism
Representing the people; support for the ordinary people juxtaposed with elitism
Exclusive Populism
Work to exclude stigmatized groups
Inclusive Populism
Work to include stigmatized groups
Political Culture
Broadly shared beliefs about how government should work
ex: peaceful transition of power, equality of opportunity - not result, market place of ideas, meritocracy, tolerance
Laissez-faire capitalism
an economic system in which the means of production and distribution are privately owned and operated for profit with minimal or no government interference
Political ideology
Cohesive set of beliefs that form a general philosophy about government
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws Due process needed for states
Johnson-Reed Immigration Act
(1924) No east Europeans or Asians allowed into America
Life expectancy
Declined because of COVID Women - 80 Men - 74
Implications of change
Fosters an us-them mentality Women and Minorities given unfair advantage Perception that immigrants are no longer American
Self-Segregation
Homogeneity Disagreement Less exposed to contrary views Technology
Cass Sunstein
Law of group polarization Deliberation in a like minded group leads to extremism
Morris Fiorina
political elites and purple America
Statutory Constitutions
Limits Government Power
Liberal Constitutions
Flexible Constitutions
Purposes of the Constitution
Framework of three branches Protect civil liberties Amendment process
Framer's Goals
Strong central govt. Restrained central govt. Emphasize democracy with support of ordinary people Avoid excessive democracy
Supremacy Clause
federal law wins over state law
Article 1 of the Constitution
Legislative Branch
John Locke
English philosopher who argued that people have natural rights
Thomas Hobbes
think that you need a leviathan or king social contract theory
Bicameral System
Two houses House reps, 435 people, 2 year term, revenue bill Senate - 100 people, 6 year term
Article 1 Section 8
Enumerated Powers of Congress 17 specific powers
Power to tax
regulates commerce
Borrow $
Coin $
Article 2 of the Constitution
Executive Branch Term of Office (22nd amendment, 1951) qualifications (35 years old, 14 years us resident, natural born citizen) Electoral college Powers and duties for presidency State of the Union Impeachment (formally charging president)(Trump, Clinton, Jackson)
Article 3 of the Constitution
Judicial Branch Supreme court Original jurisdiction ( right of authority) Terms ( for life/impeachment) Judicial Review
Judicial Review
Can review the other courts for what is constitution Declare any law/act unconstitutional Comes from Marbury v. Madison
Marybury v. Madison
1803 Supreme Court case that established the principle of judicial review
Article 4 of the Constitution
Outlines the rights and expectations for all states and citizens including the adding of new states
Article 5 of the Constitution
Amendment Process
Article 6 of the Constitution
Supremacy Clause
Article 7 of the Constitution
Ratification (9/13 to approve) Much debate between federalists (supported and didn't trust the people) and anti-federalists (didn't support and didn't trust the government)
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail. #10, factions, won't always have enlightened statesmen #51, separation of powers, if all men angels, govt. not needed
Formal Methods to Amend
2/3 of Senate and House 3/4 of States
Informal Methods to Amend
Judicial interpretation Social, cultural, legal Technology
Arguments for Power Allocation
Prevention of Tyranny Multiple opportunities to participate States can be used as testing labs
Types of powers
Enumerated (tax, coin money, borrow money, regulate commerce) 10th amendment (reserves powers to states/people as long as they're not enumerated to national govt. or denied to the states Concurrent ( shared powers) Implied
Dockett Control
Supreme Court hears cases they want to hear
Habeas Corpus
Judicial mandate to determine the legality of your detention
McCulloch v. Maryland (1819)
Necessary and Proper clause
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Gibbons v. Ogden (1824)
The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. The Steamboat case
Stare Decisis
let the decision stand
Roger B. Taney
As chief justice, he wrote the important decision in the Dred Scott case, upholding police power of states and asserting the principle of social responsibility of private property. He was Southern and upheld the fugitive slave laws.
Dred Scott v. Stanford (1857)
Says that property cannot sue in court, so Scott cannot sue Taney declared the Missouri Compromise is unconstitutional Narrows the scope of the national govt. Judicial Review used
13th Amendment
1865 - abolished slavery
15th Amendment (1870)
cannot deny black men right to vote
Fransis Galton
The creator of Eugenics and the science of breeding
Racial Integrity Act 1924
requires racial description to be recorded at birth ban on interracial marriage
Sterilization Act 1924
Forced sterilization of citizens by the government if deemed "feeble minded"
Buck v. Bell (1927)
deemed the sterilization act constitutional
Skinner v. Oklahoma (1942)
you must sterilize one group if sterilizing another, but it's still fine for the "feeble minded"
Loving v. Virginia (1967)
supreme court declared Racial Integrity Act unconstitutional
9th Amendment
the bill of rights is a partial list and others may exist
Rational Basis test
the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens
Intermediate Scrutiny Test
The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation. Both the citizens and government share the burden of proof
Strict Scrutiny Test
a higher standard than the rational basis test a law must meet in equal protection cases. Burden of proof is purely on the government
Establishment Clause
government will not support one religion over another, or religion over no religion. Govt. will not excessively entangle itself in religion
Engel v. Vitale (1962)
New York decides to write a prayer to be delivered at the beginning of school Supreme Court rules against New York, government cannot write prayer
Lemon v. Kurtzman (1971)
Laws must serve a secular (non religious) purpose Cannot prohibit or inhibit religion Must not foster excessive entanglement in religion
Free Exercise Clause
prohibits government from interfering in your expression of faith
Employment Division v. Smith (1990)
Supreme Court upholds ruling that 2 Native American men cannot have work benefits because of drugs in their systems Cannot use religious beliefs to neglect the law
Religious Freedom Restoration Act (1993)
Government cannot restrict a person from free exercise unless the government can give a clear reason why
City of Boerne v. Flores (1997)
Strikes down state and local components of RFRA City ordinances cannot be subjected to federal regulations
Gonzales v. UDV (2006)
RFRA still applies to federal government
Gobitis (1940)
Says its constitutional to have the pledge and have to say it
Barnette (1943)
Overturns Gobitis, 1st amendment issue
When is freedom of expression denied?
Endangers national security, wrongly damages reputation of others, deprives others of basic freedoms
Fighting words
speech that directly incites damaging conduct
Chaplinsky (1942)
Chaplinsky is arrested for using fighting words, and the supreme court upholds the ruling Fighting words are not protected
Texas v. Johnson (1989)
Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.
Morse v. Frederick (2007)
Students rights must be balanced by schools mission Bong Hits for Jesus
Prior Restraint
government censorship of information before it is published or broadcast
New York Times v. US (1971)
The supreme court decides that the government cannot limit the press
Bradenburg v. Ohio (1969)
Cannot limit publication unless it engages in imminent lawless action
New York Times v. Sullivan (1964)
To libel a public figure, there must be "actual malice"
Obscenity
not protected speech, but its not defined in the law
Roth v. US (1957)
US tries to define obscenity "has no redeeming social significance"
Cohen v. California (1971)
Cohen wore a jacket during the Vietnam war with an expression on it saying 'F*ck the draft, stop the war'. He got a 30 day jail sentence for disturbing the peace. Supreme Court overturned his conviction saying 'emotions and ideas are protected'. Free speech can be indecent, symbolic, emotional. Freedom over Order
Miller v. California (1972)
LAPS test If not literary, artistic, political, scientific, and the average person finds it objectable, it is not allowed
4th amendment
Freedom from unreasonable searches and seizures
Good faith exception
an error in gathering evidence sufficiently minor that it may be used in a trial
Mapp v. Ohio (1961)
Exclusionary rule applied to states bares use of evidence found in violation of constitutional rights
Riley v. California (2014)
Held that police must obtain a warrant before searching a smartphone for information.
Civil Forfeiture
a procedure in which law enforcement officers take assets from people who are suspected of illegal activity, but have not been charged with a crime
Qualified Immunity
the protection of officers against being sued for their actions under certain circumstances
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
Eminent Domain
Power of a government to take private property for public use.
Miranda v. Arizona (1966)
Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.
6th Amendment
right to attorney
Note
Flashcard