American Politics Exam 1

Chapter 1

This chapter lays the groundwork for understanding the key concepts, history, and political philosophies that influenced the creation of the United States government.

1. The Nature of Government

• What is Government?: Government refers to the institutions and processes through which public policies are made and enforced. Essentially, the government is responsible for making laws, maintaining order, protecting citizens, and providing services.

• Why Do We Need Government?: Governments are needed to manage conflicts, maintain order, and promote the general welfare of the people. In the U.S., the government’s role is shaped by the Constitution, which sets the boundaries for federal power and rights.

• Forms of Government:

  • Monarchy: A government led by a single person, such as a king or queen.

  • Democracy: A system where the power to govern is vested in the people, either directly or through elected representatives.

  • Authoritarianism: A form of government where a single leader or a small group holds significant power with few limits, and political opposition is often suppressed.

  • Totalitarianism: A more extreme form of authoritarianism where the government controls all aspects of public and private life.

2. Democracy and its Roots

• The Concept of Democracy: Democracy is the idea that the power to rule comes from the consent of the governed. Citizens have the right to participate in political decisions and hold their leaders accountable.

• Ancient Roots of Democracy:

  • Greek Democracy: The concept of democracy originated in ancient Greece, particularly in Athens, where citizens participated directly in decision-making (though this was limited to a small group of free men).

  • Roman Republic: The Roman Republic introduced the idea of a mixed government, with checks and balances and elected representatives. Their system influenced the framers of the U.S. Constitution.

• The Enlightenment: The political ideas of Enlightenment philosophers such as John Locke, Montesquieu, and Jean-Jacques Rousseau heavily influenced the founding of the U.S. government. They emphasized:

  • Natural Rights: Locke argued that people have certain inalienable rights, including life, liberty, and property.

  • Separation of Powers: Montesquieu advocated for dividing government power into branches to prevent tyranny.

  • Social Contract: Rousseau believed that legitimate government is based on an agreement between the people and the rulers.

3. The American Revolution

• Colonial Grievances: Tensions between the American colonies and Great Britain rose in the 1760s and 1770s due to policies like taxation without representation, trade restrictions, and British military presence. Colonists demanded more political autonomy and greater control over their affairs.

• The Declaration of Independence (1776): In 1776, the Continental Congress declared independence from Britain. Written by Thomas Jefferson, the Declaration of Independence articulated the philosophical justification for rebellion. It emphasized natural rights and the idea that the government derives its power from the consent of the governed. It also listed grievances against King George III, citing his violations of the colonies' rights.

• The Revolution: The American Revolution (1775-1783) was a struggle for independence from British rule. The victory of the American colonies led to the establishment of the United States as a free and independent nation.

4. The Articles of Confederation

• The First Constitution: After gaining independence, the U.S. needed a government. The Articles of Confederation were adopted in 1781 as the first constitution. The Articles created a weak central government, giving most powers to the individual states.

  • Strengths of the Articles: It successfully guided the nation through the end of the Revolutionary War and the negotiation of the Treaty of Paris (1783), which ended the war.

  • Weaknesses: The Articles created a government with limited powers, unable to levy taxes, regulate interstate commerce, or maintain a strong national defense. This led to economic instability and a lack of national unity.

5. Shays' Rebellion and the Call for a Stronger Government

• Shays' Rebellion (1786-1787): This uprising of farmers in Massachusetts, led by Daniel Shays, was sparked by economic hardship and high taxes. It highlighted the weaknesses of the Articles of Confederation and the inability of the federal government to maintain order or respond to domestic crises.

• The Constitutional Convention: In response to Shays' Rebellion and growing concerns over the inefficacy of the Articles, leaders called for a convention to revise the Articles. The Constitutional Convention met in Philadelphia in 1787, leading to the drafting of the U.S. Constitution, which replaced the Articles of Confederation with a stronger federal government.

6. Key Concepts in American Politics

• Popular Sovereignty: The principle that ultimate political authority rests with the people. This is a core idea in American democracy—the government derives its power from the consent of the governed.

• Republicanism: The belief in a republic, where the people elect representatives to make decisions on their behalf, rather than direct democracy.

• Separation of Powers and Checks and Balances: These ideas were incorporated into the U.S. Constitution to ensure that no one branch of government (executive, legislative, or judicial) becomes too powerful. Each branch has the ability to limit the powers of the others, creating a system of checks and balances.

7. The Constitution’s Enduring Influence

• A Living Document: The U.S. Constitution is designed to be a flexible document that can be amended and interpreted in response to changing societal needs. Its enduring influence is rooted in its ability to provide a stable framework for government while allowing for necessary changes.

• The Bill of Rights: After the Constitution was written, the Bill of Rights was added in 1791 to protect individual liberties and limit government power. These first ten amendments guarantee freedoms such as speech, religion, and the right to a fair trial.

8. The Federalist vs. Anti-Federalist Debate

• Federalists: Supporters of the Constitution who argued for a stronger national government. Key figures included James Madison, Alexander Hamilton, and John Jay, who wrote the Federalist Papers to defend the Constitution’s provisions.

• Anti-Federalists: Opponents of the Constitution who feared that a strong central government would infringe on states’ rights and individual freedoms. They were concerned that the Constitution lacked a Bill of Rights to protect individual liberties.

9. The Ratification of the Constitution

• Ratification Process: After the Constitution was drafted in 1787, it was sent to the states for ratification. It required the approval of nine states to become law. The Federalists succeeded in convincing enough states to ratify the Constitution, and it was officially adopted in 1789. The Bill of Rights was added two years later to address concerns about individual rights.

Key Takeaways from Chapter 1: Foundations of American Government

1. The American Revolution was rooted in the desire for independence from Britain and the belief in natural rights and self-government.

2. The Articles of Confederation were the first form of government for the United States, but they created a weak central government that couldn't address key challenges.

3. The Constitution was designed to establish a strong yet limited government, balancing power between the national government and the states, with principles like separation of powers, checks and balances, and popular sovereignty.

4. The Constitution was influenced by Enlightenment ideas and ancient democratic traditions, as well as the experience of the American colonies under British rule.

5. The Federalist vs. Anti-Federalist debate ultimately led to the ratification of the Constitution, along with the addition of the Bill of Rights to protect individual freedoms.

Chapter 2

This chapter explains the origins, structure, and key principles of the U.S. Constitution, and how it set up the framework for the American government. It's fundamental to understanding how American democracy works.

1. The Origins of the Constitution

• Pre-Revolutionary Period: Before the American Revolution, the thirteen colonies were governed under British rule. The colonists were largely self-governing but subject to British control. Tensions grew due to issues like taxation without representation, trade restrictions, and the presence of British troops.

• The Declaration of Independence (1776): The American colonies declared their independence from Britain in 1776, primarily driven by the desire for self-government and freedom from what they saw as oppressive British rule. The Declaration, written by Thomas Jefferson, laid out the philosophical justification for independence, emphasizing natural rights and the idea that government derives its power from the consent of the governed.

• The Articles of Confederation: After gaining independence, the U.S. first governed under the Articles of Confederation (1781-1789), which created a very weak central government. The Articles gave most power to the individual states, leaving the central government with limited authority to act on issues like trade, taxation, and national defense. This weakness led to various problems, including economic instability and the inability to address internal conflicts or foreign threats.

2. The Constitutional Convention

• The Need for Change: By the late 1780s, it was clear that the Articles of Confederation were not working. The U.S. faced financial crises, interstate trade disputes, and threats from foreign powers, like Great Britain and Spain. In 1786, a meeting in Annapolis was called to discuss the problems of the Articles, but only a few states showed up. This led to a larger convention in Philadelphia in 1787, where 55 delegates from 12 states (Rhode Island did not attend) gathered to revise the Articles. However, the delegates quickly realized that they needed to create a whole new framework of government.

• Key Figures: Some of the key figures at the Constitutional Convention included James Madison, George Washington, Benjamin Franklin, Alexander Hamilton, and Roger Sherman. They were motivated by the desire to create a more effective central government while avoiding the abuses of power they had experienced under British rule.

3. Key Principles of the Constitution

The Constitution was designed to create a system of government that would balance power between the national government and the states, while protecting individual liberties. Several key principles emerged from the Convention:

• Popular Sovereignty: The principle that the government’s power comes from the people. The idea is that authority in government should rest with the citizens, who would elect representatives to make decisions on their behalf.

• Republicanism: The idea that the country should be a republic, where elected officials represent the interests of the people. This contrasts with a direct democracy, where people vote on laws and policies directly.

• Separation of Powers: The Constitution divides the government into three branches to prevent any one branch from gaining too much power:

  • Legislative (Congress) – makes the laws

  • Executive (President) – enforces the laws

  • Judicial (Courts) – interprets the laws

• Checks and Balances: To further prevent any branch from becoming too powerful, each branch has some measure of control over the other branches. For example, the president can veto laws passed by Congress, while Congress can override a veto with a two-thirds majority. The courts can strike down laws as unconstitutional.

• Federalism: As discussed in Chapter 3, federalism is the division of power between the national government and state governments. The Constitution establishes the federal government as the supreme law of the land while allowing states to retain significant powers.

• Limited Government: The Constitution creates a government with powers that are specifically listed (enumerated), and any powers not granted to the government are reserved for the states or the people (as per the 10th Amendment). This ensures that the government cannot infringe on the rights of citizens.

• Individual Rights: The Constitution protects individual liberties, but many of these protections were not fully included in the original document. The Bill of Rights, which are the first ten amendments, were added shortly after the Constitution was ratified to explicitly protect freedoms like freedom of speech, religion, and assembly.

4. The Structure of the Constitution

• Preamble: The Constitution begins with the Preamble, which outlines the goals of the new government: to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.

• Article I – The Legislative Branch: This article sets up a bicameral legislature, meaning there are two chambers:

  • The House of Representatives (elected by the people, with representation based on population)

  • The Senate (two senators per state, elected by the people at the time of the Constitution’s ratification, now directly elected by voters since the 17th Amendment).

• The legislative branch is responsible for making laws, and it has the power to tax, regulate commerce, declare war, and more.

• Article II – The Executive Branch: This article establishes the Office of the President, detailing the president’s powers, responsibilities, and the process of presidential election (originally by the Electoral College). The president is the commander-in-chief of the military, negotiates treaties, and appoints judges, among other powers.

• Article III – The Judicial Branch: This article creates the Supreme Court and allows for the creation of inferior courts. The courts are responsible for interpreting laws and ensuring that they are applied fairly. The judicial review power, which allows courts to declare laws unconstitutional, was established through the landmark case Marbury v. Madison (1803).

• Article IV – The States: This article addresses the relationships between the states and the federal government, ensuring that states respect the laws and decisions of other states, and outlining the process for admitting new states.

• Article V – Amendments: This article provides the process for amending the Constitution, allowing it to adapt over time. Amendments can be proposed by a two-thirds majority in Congress or by a national convention, and they must be ratified by three-fourths of the states.

• Article VI – The Supremacy Clause: This article declares that the Constitution, along with federal laws and treaties, is the supreme law of the land. It also requires an oath of office for public officials and ensures that no religious test is required for officeholders.

• Article VII – Ratification: This article outlines the process for ratifying the Constitution. The Constitution required the approval of nine states to become effective, which occurred in 1789 when New Hampshire became the ninth state to ratify.

5. The Bill of Rights

• The Bill of Rights, which consists of the first ten amendments to the Constitution, was added to protect individual freedoms and limit the power of the government. Some key rights include:

  • 1st Amendment: Freedom of speech, religion, press, assembly, and petition.

  • 2nd Amendment: Right to bear arms.

  • 4th Amendment: Protection against unreasonable searches and seizures.

  • 5th Amendment: Protection against self-incrimination, double jeopardy, and guarantees due process.

  • 6th Amendment: Right to a fair trial.

6. Ratification of the Constitution

• After the Constitution was drafted in 1787, it needed to be ratified by the states. There was strong debate between Federalists (who supported the Constitution) and Anti-Federalists (who feared a strong central government). The Federalists wrote the Federalist Papers, a series of essays defending the Constitution, while the Anti-Federalists expressed concerns about the lack of explicit protections for individual rights.

• Ratification Process: The Constitution was eventually ratified in 1788, and the Bill of Rights was added in 1791 to address the concerns of Anti-Federalists. This helped secure broader support for the new government.

Key Takeaways from Chapter 2: The Constitution

1. The U.S. Constitution is the foundational legal document that established the framework for the American government.

2. It is based on principles like popular sovereignty, separation of powers, and federalism, which balance power between the federal government and the states.

3. The Bill of Rights was added to guarantee individual liberties and limit government power.

4. The Constitutional Convention of 1787 created a new government system after the failure of the Articles of Confederation.

5. The ratification process was contentious but led to the establishment of the Constitution in 1789 and the Bill of Rights in 1791.

Chapter 3

Federalism is a key feature of the American political system, referring to the way power and responsibilities are shared between the federal government and state governments. This chapter explains the principles of federalism, how it has evolved, and how it works in practice.

1. What is Federalism?

• Definition: Federalism is a system of government in which power is divided between a central (national) government and regional (state) governments.

• Key Idea: Federalism allows different states to have their own laws and policies while also maintaining a unified national government with certain powers. This structure was designed to balance the needs for both national unity and local autonomy.

2. The Constitutional Basis of Federalism

• Article I, Section 8: Grants specific powers to Congress, such as the power to regulate commerce, declare war, and raise armies. These are called enumerated powers.

• The 10th Amendment: States that any powers not specifically given to the federal government, nor prohibited to the states, are reserved to the states or the people. This is the foundation of states' rights.

• The Supremacy Clause (Article VI): States that the U.S. Constitution, federal laws, and treaties are the "supreme law of the land." If state laws conflict with federal laws, federal laws take precedence.

3. Types of Federalism

There are different types of federalism that describe how power is shared between the federal and state governments over time:

• Dual Federalism (1789–1930s): Often described as "layer cake" federalism. The federal government and state governments operate in their own distinct spheres with little overlap. The powers of the national government were relatively limited during this time.

• Cooperative Federalism (1930s–1960s): Described as "marble cake" federalism. The federal and state governments work together to solve problems, especially after the Great Depression. This period saw an expansion of federal powers, especially through the New Deal programs.

• Creative Federalism (1960s–1970s): A term used to describe the period of federal intervention in state affairs, especially during the Johnson administration’s War on Poverty and Civil Rights legislation. Federal programs often imposed national standards on states.

• New Federalism (1980s–present): A push to return power to the states, emphasizing a reduction in the size of the federal government and increasing state autonomy. This era saw a series of Supreme Court decisions that limited the scope of federal power in favor of the states.

4. Powers of the National Government

The U.S. Constitution outlines specific powers that the national government can exercise, such as:

• Enumerated Powers: Clearly listed in the Constitution (e.g., regulate interstate commerce, coin money, raise an army).

• Implied Powers: Powers that are not explicitly written in the Constitution but are necessary to carry out enumerated powers. For example, the Necessary and Proper Clause (also called the Elastic Clause) allows Congress to pass laws needed to carry out its powers.

• Inherent Powers: Powers that are assumed to be part of the national government’s role, simply because it is a sovereign nation (e.g., conducting foreign affairs, protecting the nation from internal threats).

5. Powers of the States

• Reserved Powers: According to the 10th Amendment, powers not specifically granted to the federal government are reserved for the states or the people. This includes powers like regulating education, conducting elections, and overseeing public health and safety.

• Concurrent Powers: These are powers shared by both the federal and state governments, such as the ability to tax, build roads, and create courts.

• Prohibited Powers: The Constitution also lists powers that are denied to both the federal and state governments, such as passing ex post facto laws or bills of attainder.

6. The Balance of Federal and State Power

• The Commerce Clause: One of the most important clauses that defines federal-state power. It gives Congress the power to regulate interstate commerce, and over time, this has been used to justify a broad range of federal actions that affect the states (e.g., civil rights laws, environmental regulations).

• The Role of the Supreme Court: The Supreme Court has been a key arbiter in disputes between the federal government and the states. Cases like McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) helped establish federal supremacy in matters such as the national bank and interstate commerce.

7. The Evolution of Federalism

• The Civil War: The Civil War (1861–1865) was a major conflict over the balance of power between the states and the federal government, especially regarding slavery and the rights of states to secede. The outcome of the war and the subsequent 13th, 14th, and 15th Amendments shifted the balance of power toward the federal government, especially in terms of civil rights protections.

• The New Deal Era: During the Great Depression, President Franklin D. Roosevelt’s New Deal policies marked a significant expansion of federal power, as the federal government took on new responsibilities in areas like welfare, labor laws, and social security.

• The Civil Rights Movement: The federal government used its power to enforce civil rights laws and desegregation policies, particularly in the 1960s, overriding state governments that resisted these changes.

8. Federalism Today

• The Rise of Federal Mandates: Mandates are requirements that states must follow, often with federal funding. For example, the federal government mandates certain standards in education (e.g., No Child Left Behind) or healthcare (e.g., Medicaid expansion).

• State Sovereignty: States continue to assert their rights to govern in areas like marijuana legalization, education, and healthcare reform, often challenging federal laws. For example, some states have legalized marijuana for recreational use, despite federal laws banning it.

• Debates on Federalism: Modern debates often focus on how much power the federal government should have versus state governments, particularly in areas like immigration, gun control, healthcare, and environmental protection.

9. Grants-in-Aid

• Categorical Grants: Funds provided by the federal government to states for specific purposes, such as building highways or funding education programs.

• Block Grants: These are more general and give states more flexibility in how to spend the money, but they often come with fewer specific conditions.

Key Takeaways from Chapter 3: Federalism

1. Federalism divides power between national and state governments, with some powers shared and others reserved to each level of government.

2. The Supremacy Clause ensures that federal law generally trumps state law when there is a conflict.

3. The balance of power between the federal and state governments has evolved over time, often shaped by major historical events like the Civil War, the New Deal, and the Civil Rights Movement.

4. The Commerce Clause has played a major role in expanding federal power, especially in regulating issues that affect interstate commerce.

5. Contemporary debates continue over the scope of federal power versus state power, especially regarding issues like healthcare, education, and marijuana legalization.

Chapter 4

This chapter focuses on the fundamental rights and freedoms guaranteed to individuals under the U.S. Constitution, specifically in the Bill of Rights and subsequent Supreme Court rulings. Civil liberties are the personal freedoms and rights that protect individuals from government interference or oppression.

1. The Bill of Rights

• What it is: The Bill of Rights is the first ten amendments to the U.S. Constitution, ratified in 1791, designed to protect individual freedoms and limit government power.

• Key Amendments in the Bill of Rights:

  • 1st Amendment: Protects freedom of speech, religion, press, assembly, and petition.

  • 2nd Amendment: Guarantees the right to bear arms.

  • 4th Amendment: Protects against unreasonable searches and seizures.

  • 5th Amendment: Protects against self-incrimination, double jeopardy, and ensures due process of law.

  • 6th Amendment: Guarantees a fair and speedy trial, the right to an attorney, and the right to confront witnesses.

  • 8th Amendment: Protects against cruel and unusual punishment.

2. Incorporation Doctrine (Selective Incorporation)

• What is it?: Initially, the Bill of Rights applied only to the federal government. However, over time, through the 14th Amendment's Equal Protection Clause, most of these protections have been extended to apply to the states through a process called selective incorporation.

• Why it matters: It means that state governments, too, are required to respect the basic rights guaranteed in the Bill of Rights. For example, through Gitlow v. New York (1925), the Supreme Court ruled that freedom of speech (1st Amendment) applies to the states, not just the federal government.

3. Freedom of Expression

• Speech and Press: The 1st Amendment guarantees freedom of speech and freedom of the press, but these rights are not absolute.

  • Unprotected Speech: Some forms of speech are not protected, such as:

    • Clear and Present Danger (e.g., speech that incites violence, such as in Schenck v. United States).

    • Obscenity (defined in Miller v. California as material that lacks serious literary, artistic, political, or scientific value).

    • Defamation (libel and slander, harmful false statements about someone).

  • Symbolic Speech: Nonverbal communication (e.g., flag burning as in Texas v. Johnson), is protected under the 1st Amendment.

• Freedom of Religion:

  • The 1st Amendment also protects freedom of religion through the Establishment Clause (no government-established religion) and the Free Exercise Clause (the right to practice one's religion).

  • Important Cases:

    • Engel v. Vitale (1962): Struck down school-sponsored prayer.

    • Employment Division v. Smith (1990): Allowed the government to restrict religious practices (e.g., use of illegal drugs in religious ceremonies), as long as the law is not specifically targeting a religion.

4. Rights of the Accused

• 4th Amendment (Search and Seizure): Protects against unreasonable searches and seizures.

  • Important Case: Mapp v. Ohio (1961)—The exclusionary rule: Evidence obtained in violation of the 4th Amendment cannot be used in court.

• 5th Amendment (Self-Incrimination and Due Process):

  • Miranda Rights: The Miranda v. Arizona (1966) decision required police to inform suspects of their rights to remain silent and have an attorney during questioning.

  • Double Jeopardy: A person cannot be tried twice for the same offense.

  • Eminent Domain: The government can take private property for public use, but must provide fair compensation.

• 6th Amendment (Right to a Fair Trial):

  • Guarantees the right to a speedy trial, an impartial jury, and the assistance of an attorney.

  • Important Case: Gideon v. Wainwright (1963)—Ruled that indigent defendants have the right to an attorney, even if they cannot afford one.

• 8th Amendment (Cruel and Unusual Punishment):

  • Protects individuals from excessive bail, fines, and cruel and unusual punishment.

  • Important Case: Furman v. Georgia (1972)—Temporarily halted the death penalty in the U.S. due to arbitrary application, later revisited in Gregg v. Georgia (1976).

5. The Right to Privacy

• While the Constitution doesn’t explicitly mention a “right to privacy,” the Supreme Court has inferred it from various amendments.

• Important Cases:

  • Griswold v. Connecticut (1965): Struck down a Connecticut law banning the use of contraceptives by married couples, finding a right to privacy in the Constitution.

  • Roe v. Wade (1973): Established a woman’s right to an abortion as a right to privacy under the 14th Amendment’s due process clause.

  • Lawrence v. Texas (2003): Struck down laws banning sodomy, reinforcing the right to privacy in intimate relationships.

6. Civil Liberties and National Security

• Post-9/11 Concerns: In response to national security threats, there have been debates about balancing civil liberties with the need for security. Laws like the Patriot Act (2001) expanded government surveillance powers, raising concerns over privacy and civil liberties.

• Key Issue: The balance between individual freedoms and the government’s duty to protect the nation from terrorism, especially regarding issues like warrantless surveillance and detention of suspected terrorists.

7. Contemporary Issues

• Free Speech in the Digital Age: Social media platforms have raised new questions about the regulation of free speech and whether companies can censor content, and to what extent the government can regulate online speech.

• Surveillance and Privacy: In the era of big data and constant digital surveillance, the right to privacy continues to be a contentious issue, especially in relation to government surveillance programs and the rights of individuals online.

Summary of Key Concepts:

• Civil Liberties are freedoms that protect individuals from government interference, primarily found in the Bill of Rights.

• The Incorporation Doctrine ensures these rights apply to state governments.

• Civil liberties are not absolute; they can be limited in certain situations (e.g., clear and present danger, obscenity).

• Freedom of Expression and Religion are crucial, but there are limitations on speech, such as defamation and obscenity.

• Rights of the Accused (4th, 5th, 6th, 8th Amendments) provide protections for individuals facing criminal charges, such as the right to a fair trial and protection against self-incrimination and cruel punishment.

• The Right to Privacy is inferred from various constitutional provisions, with significant cases like Roe v. Wade and Griswold v. Connecticut protecting individual privacy.

Final Thoughts

Civil liberties are central to American democracy, and protecting these rights often involves balancing personal freedoms with societal needs. Over time, the courts have played a critical role in interpreting these liberties and applying them to new situations. You’ll want to pay close attention to key Supreme Court cases and understand the principles behind them, as they shape how civil liberties are protected in the U.S.

February 7 

(11-35 Ginsberg et al.)

Citizenship: Participation, knowledge and efficacy 

• Citizenship: membership in a political community that provides legal rights and carries participation responsibilities 

  • Freedom of speech, worship, trial by jury 

  • Must obey laws, pay taxes, serve on juries when called to do so 

  • Should be informed on their nation politically 

• Political knowledge: knowing the rules and processes that governing the institutions and how this applies to your own life 

  • Being aware of how political actions and elections will affect you

• Disinformation: false information shared intentionally to reach a political goal 

• Political Efficacy: knowing that citizens actually can affect what the government does by voting or lobbying or protesting 

  • More and more people are showing apathy 

Who are Americans? 

• Immigration Act of 1924: used a national origins quota system based on 1890 population 

• Indian Citizenship 1924: Nationally recognised Native Americans as citizens 

• Naturalization Act of 1790: only free white people could become citizens 

  • (wasn't lifted until 1870)

• Chinese Exclusion Act 1882: No Chinese laborers allowed 

  • (lifted in 1943 after China was US ally in WWII)

• How would Latino people be classified? Are they white? 

  • 1960 census classified them as white until 1970

• 1965 Congress lifted restrictions on immigration from Asia and Latin America 

• 12 million undocumented immigrants in US today 

• 1982 Plyler v Doe ruled access to K-12 education no matter your citizenship standing

• 1986 Congress granted access to emergency medical care

• America is increasingly an aging nation 

•  Civil Rights Act of 1964: outlawed segregation 

American Political Values

• Political Culture: Values and beliefs widespread about government operations 

  • Based on liberal democratic political tradition which draws from European Enlightenment 

• Liberty: Personal freedom and economic freedom

• Limited Government: Principle of Constitutional government which limits government's powers to the constitution

• Laissez-faire capitalism: Government as very little power to regulate commerce or use of private property 

• 2014 Hobby Lobby company challenged ACA because it require insurers to pay for contraception which they believed to violate their fundamental liberty to run their private businesses as they wanted to

  •  (family-owned companies are exempted from providing contraception due to religious objections) 

• 2013 Edward Snowden leaked documents from NSA to press which challenged liberty in relation to governmental efforts around terrorism and national security 

  • Apple also did something similar when they refused to unlock the iphone of a suspected terrorist 

• Equality of opportunity: all people deserve a fair chance to go as far as their talents allow 

  • Implies an obligation of the government for the people 

• Political equality: the rights of a community's members to participate in politics on equal terms 

• Plessy v Ferguson, 1896: separate but equal facilities for Black and White people was actually constitutional as long as they were equal

• Brown v Board of Education, 1954: No discrimination and shouldn’t be separate facilities 

• Civil Rights Act of 1964: No discrimination and equal access to facilities regardless of race 

• Justice: First of 5 political objectives in constitution

  • Madison says that it's the ultimate goal of a good government 

  • Federalist 78 (Alexander Hamilton): Judicial branch should handle justices

• Fairness: impartial decision making, equal treatment 

  • Similar to justice 

  • Obergefell v Hodges, 2015 not allowing gay marriage is unjust and fairness required it to be legal 

• Social Justice: just allocation of wealth and privileges 

What Americans Think about Government 

• Americans don't want government to have lots of power and are suspicious of politicians

• Provides websites for people on important topics, stabilized the financial system, financial aid in depressions and stock market crashes 

• Most people want more federal spending in education and veterans benefits and highway infrastructure

• Partisanship: Strong member and supporter of a political party 

de Tocqueville,“ Democracy in America,”

• Americans unite all the time

  • Commercial, industrial, religious, moral, grace, futile

    • Through associations, build churches etc.

• Very different from England/Europe

• Aristocratic societies men don’t need to unite because they're already kept together

  • When they come together they don’t needs lots of people to effect the changes they want to make

• Democratic societies where citizens are all independent and must unite to effect change 

• No government could ever understand or replace the multitudes of small campaigns and changes American groups are trying to make, they need the diversity in attitudes to allow all these views and actions to happen

• Social power is more increasingly needed because less and less of Americans feel as though they have agency in compared to government 

  • Government has tremendous power to act on beliefs that only benefit it and the people in the government without actually listening to all American people 

• Science of association is the mother of science, and the progress of all the others depends on the progress of one

  • Need associations for citizens to untie together for their beliefs  

One Nation Out of Many, Joyner

• Primary culture is Christianity, individualism, the work ethic and moralism, English language, British traditions of law, justice, limits on government power and legacy of European enlightenment 

  • American Creed: principles of liberty, equality, human rights, representative government and private property 

    • No matter how modern society becomes, these principles are still here 

• Was founded as a Protestant society for 200+ years

• To assimilate into America as a nonwhite person, you must adopt the white european cultures and values 

• White anglo american cultures  has suppressed other cultures and it shouldn't be a monotheistic society but one with all sorts of cultures in it all equally represented 

• Mexican immigration reduced the incentive for cultural assimilation, they don't have to be a minority but can have their own culture within America

  • Different from other cultures because so many latinos are in our country

Chapter 6

1. Introduction to Civil Liberties and Civil Rights

The chapter begins by defining the key concepts of civil liberties and civil rights. Civil liberties are the protections against government actions that violate individual freedoms, while civil rights are the protections against discrimination and unequal treatment, ensuring individuals can participate equally in society. Both are essential to the functioning of American democracy, but they have distinct legal and social implications.

2. The Bill of Rights and Its Application

• The Bill of Rights, which consists of the first ten amendments to the Constitution, serves as the foundational framework for protecting civil liberties. Initially, these protections applied only to the federal government. However, through the doctrine of incorporation (via the Fourteenth Amendment’s Due Process clause), many of these rights were extended to the states as well.

• Selective Incorporation is the process by which the Supreme Court has gradually applied protections in the Bill of Rights to the states on a case-by-case basis. This contrasts with the original interpretation where the Bill of Rights only applied to the federal government.

3. The First Amendment: Core Freedoms

• The First Amendment is at the heart of American civil liberties, guaranteeing freedom of speech, religion, the press, assembly, and petitioning the government. The chapter delves into the complexities of these freedoms:

  • Freedom of Speech: The First Amendment ensures individuals have the right to express themselves without government interference. However, speech is not absolute, and the government can limit speech in certain circumstances (e.g., clear and present danger, libel, or obscenity).

  • Freedom of Religion: The Establishment Clause prohibits the government from endorsing or establishing a religion, while the Free Exercise Clause protects individuals' rights to practice their religion freely. Court cases like Engel v. Vitale (prayer in schools) and Lemon v. Kurtzman (the Lemon test for government involvement in religion) are pivotal in interpreting this right.

  • Freedom of the Press: Press freedom is considered vital to democracy, allowing the media to inform the public and hold the government accountable. However, the government may impose restrictions, such as during wartime, when national security concerns are at stake (e.g., New York Times Co. v. United States).

  • Freedom of Assembly: This guarantees the right to hold public protests, demonstrations, and gatherings. However, the government can regulate the time, place, and manner of assembly to avoid chaos or harm (e.g., Adderley v. Florida).

  • Freedom to Petition: Citizens have the right to petition the government for redress of grievances, though this right has become less prominent in modern legal contexts.

4. The Right to Privacy

• The Right to Privacy is a fundamental concept that is not explicitly mentioned in the Constitution but has been inferred from various amendments, including the First, Third, Fourth, and Ninth Amendments. It gained prominence in the mid-20th century, especially in cases involving reproductive rights and personal autonomy.

  • The landmark case Griswold v. Connecticut (1965) established the constitutional right to privacy in the context of birth control. The Court ruled that Connecticut’s law banning the use of contraception violated a married couple's right to privacy.

  • Roe v. Wade (1973) extended privacy rights to a woman's decision to have an abortion, framing it as part of her right to privacy. This decision has been highly debated and has seen challenges over the years, most recently with the overturning of Roe in 2022 by the Dobbs v. Jackson decision.

  • Lawrence v. Texas (2003) extended privacy rights to same-sex couples by striking down laws criminalizing consensual same-sex activity.

5. Civil Rights and the Struggle for Equality

• Civil Rights refer to the rights of individuals to receive equal treatment and not be discriminated against based on characteristics such as race, gender, age, or disability.

• The Civil Rights Movement of the 1950s and 1960s sought to end racial segregation and discrimination, resulting in significant legal changes such as:

  • The Civil Rights Act of 1964: This comprehensive law prohibits discrimination based on race, color, religion, sex, or national origin in employment, education, and public accommodations.

  • The Voting Rights Act of 1965: Aimed to eliminate racial discrimination in voting, particularly in the Southern states, by banning practices like literacy tests and poll taxes.

• The chapter emphasizes that the struggle for civil rights extends beyond racial equality. The chapter also addresses the ongoing fight for women’s rights, LGBTQ+ rights, disability rights, and immigrant rights.

  • Women's Rights: The women's rights movement focused on securing gender equality, including voting rights (19th Amendment, 1920), equal pay, and reproductive rights. The chapter examines the fight for the Equal Rights Amendment (ERA) and continues to highlight challenges to gender discrimination.

  • LGBTQ+ Rights: The struggle for LGBTQ+ equality gained significant traction, culminating in the 2015 Obergefell v. Hodges Supreme Court decision, which legalized same-sex marriage nationwide.

  • Disability Rights: The Americans with Disabilities Act (ADA) of 1990 was a significant legal milestone ensuring that people with disabilities have equal access to employment, transportation, and public accommodations.

6. The Equal Protection Clause and Judicial Interpretation

• The Equal Protection Clause of the Fourteenth Amendment mandates that no state shall deny any person the equal protection of the laws. This clause has been central in civil rights cases.

  • The Court has used this clause to strike down laws that create unjust distinctions among people, such as racial segregation in Brown v. Board of Education (1954), which declared school segregation unconstitutional.

  • In recent years, the Court has also dealt with cases of affirmative action (e.g., Grutter v. Bollinger), where the question is whether race can be used as a factor in college admissions.

  • The Obergefell v. Hodges case in 2015 also invoked the Equal Protection Clause to legalize same-sex marriage, emphasizing that same-sex couples should not be denied the same rights as heterosexual couples.

7. Contemporary Issues in Civil Liberties and Civil Rights

• The chapter concludes by examining modern challenges to civil liberties and civil rights:

  • The balance between national security and individual rights, particularly in the context of the Patriot Act And surveillance after 9/11.

  • The rights of immigrants and the treatment of refugees, particularly under policies that affect undocumented individuals and their access to basic rights.

  • Ongoing debates about freedom of speech in the digital age, where social media platforms have become key battlegrounds for issues of censorship, disinformation, and free expression.

Conclusion:

Chapter 6 underscores the central role of civil liberties and civil rights in American life. It highlights their ongoing evolution through Supreme Court rulings, legal reforms, and social movements. While much progress has been made, the struggle for equality and personal freedoms continues, shaped by new challenges and societal changes.

This chapter is essential for understanding how both civil liberties and civil rights have been defined and protected in the United States, with particular attention to the historical, legal, and societal forces that continue to shape them today.

Chapter 8

Introduction to Political Parties

Political parties are essential organizations in a democratic system that help organize the political landscape. They aim to control government by winning elections and governing effectively. In the U.S., political parties also serve as a bridge between the electorate and the government, helping to structure political debate, form coalitions, and create policies that reflect the interests of the public.

Key Terms and Definitions

1. Political Party:

   • Definition: A group of individuals who organize to win elections, run government institutions, and influence public policy.

   • Role: Political parties structure the electorate by offering distinct policy alternatives and organizing voters to support their candidates. They also function as a critical tool for governing once candidates are elected.

2. Functions of Political Parties:

   • Recruiting Candidates: One of the key roles of political parties is identifying, supporting, and promoting candidates to run for public office.

   • Organizing Elections: Political parties help manage elections by mobilizing voters, organizing campaign events, and promoting voter turnout. They help voters navigate the election process.

   • Providing Voter Choices: By offering distinct policy platforms, political parties provide voters with choices that align with their values and preferences on government policies and issues.

   • Operating the Government: After winning elections, political parties form the government, with elected officials working to implement their party’s policy goals and managing public affairs.

   • Linking Citizens to the Government: Political parties connect the government to the people, ensuring that citizens’ concerns and preferences are conveyed to elected officials. They also provide accountability by holding those in power responsible for their actions.

3. Party Identification:

   • Definition: The psychological attachment that individuals feel toward a political party, which influences their voting behavior and political participation.

   • Impact: Party identification shapes an individual’s political perceptions, voting decisions, and involvement in political activities. It's often influenced by social factors such as family, education, and social environment.

4. Political Spectrum:

   • Definition: The range of political beliefs that span from liberal (left-wing) to conservative (right-wing).

   • Liberalism: Advocates for government intervention to address social inequalities, progressive taxation, and a larger welfare state.

   • Conservatism: Emphasizes limited government intervention, personal responsibility, and traditional social values.

The U.S. Party System

5. Two-Party System:

   • Definition: A political system dominated by two major political parties, usually resulting in competition for control of the government.

   • In the U.S.: The Democratic Party and the Republican Party are the two dominant political parties. The U.S. has a long-standing tradition of a two-party system, which has become entrenched through historical, legal, and institutional factors.

   • Impact: The two-party system simplifies political choices for voters but can limit the representation of alternative viewpoints.

6. Party Platform:

   • Definition: A formal document that outlines a political party's positions on various issues. The platform is typically adopted during the party’s national convention and is intended to guide the party’s actions and proposals.

   • Example: A Democratic Party platform may support expanded healthcare access, climate action, and social justice policies, while a Republican platform may emphasize limited government, tax cuts, and traditional values.

7. Realignment:

   • Definition: A significant shift in the political landscape, often marked by a change in party dominance and new coalition formations.

   • Historical Examples: Realignment periods include the New Deal coalition of the 1930s (Democratic dominance) and the Reagan Revolution of the 1980s (Republican dominance).

   • Causes: Realignments can occur due to economic crises, social movements, or demographic shifts that create new political coalitions.

8. Critical Elections:

   • Definition: Elections during which there is a sharp and lasting shift in the political landscape, often leading to a realignment of party support.

   • Example: The 1932 Presidential Election during the Great Depression, which solidified the Democratic Party's dominance for several decades.

9. Third Parties:

   • Definition: Political parties other than the two major parties (Democratic and Republican) that seek to challenge the status quo and promote alternative policy platforms.

   • Challenges: Third parties face significant obstacles in the U.S. due to the winner-takes-all electoral system, which makes it difficult for them to win major offices.

   • Impact: While third parties rarely win national elections, they can influence the political discourse, introduce new issues, and occasionally affect the outcome of elections (e.g., Ralph Nader in 2000).

10. Party Polarization:

    • Definition: The growing ideological divide between the two major political parties, leading to a more ideologically homogeneous and less moderate party system.

    • Consequences: Party polarization can make governance more difficult, as compromise becomes harder, and political conflict intensifies. This often leads to gridlock in Congress.

Political Party Organization

11. Party Structure:

    • National Party: The highest level of party organization, responsible for coordinating campaign efforts, managing party strategy, and supporting national candidates.

    • State and Local Parties: Parties are also organized at the state and local levels, which are responsible for organizing elections, campaigning, and mobilizing voters in specific regions.

12. National Convention:

    • Definition: A meeting held by each political party every four years to nominate its presidential candidate, ratify the party platform, and organize for the upcoming election.

    • Process: Delegates from each state gather at the convention, and the party’s presidential candidate is formally selected, with speeches, debates, and media coverage drawing national attention.

13. Party Caucus:

    • Definition: A meeting of party members, typically in the legislature, to discuss policy and select party leadership.

    • Impact: The party caucus is a critical decision-making body that sets the party's agenda and determines key legislative strategies.

14. Political Machines:

    • Definition: Local political organizations, often associated with corruption, that use patronage and other forms of political control to maintain power in a region.

    • Example: Tammany Hall, a Democratic political machine in New York City, was known for its influence over local politics and public services.

15. Party Discipline:

    • Definition: The degree to which party members adhere to the party line in terms of votes, policy positions, and public statements.

    • Impact: Strong party discipline can lead to more cohesive policy goals and legislative success, while weak discipline may result in internal divisions and failed initiatives.

Conclusion

Political parties are foundational to the structure of American democracy, providing voters with choices, shaping policy debates, and organizing the governance of the nation. The U.S. operates within a two-party system, with significant historical and institutional factors shaping the dynamics of party competition and political participation. Political parties not only affect election outcomes but also influence the way policies are created and implemented in the federal system. Understanding the role, functions, and challenges of political parties is key to understanding American government and the democratic process.