AP US Government Ultimate Review
Unit 1 - Foundations
1.1 - Ideals of Democracy
Q: Explain the democratic ideals that show up in the Declaration of Independence AND the Constitution
Main ideal of democracy:
Limited Government: Admitting the need for a government but wanting to keep its power limited
This idea was influenced by the Enlightenment
This movement influenced the Founding Fathers heavily
Sub categories of Limited Government ideals:
Natural Rights: People are born with certain rights, which are given by their creator
This means that it can’t be taken away by a monarch
State of Nature: Comes before government, where humans are truly free
Some philosophers thought that this wasn’t good because it creates chaos
As a result, government exists to keep your rights secure
Popular Sovereignty/Social Contract: The power to govern exists in the people (Popular Sovereignty). To protect your natural rights, you give up some of that power to the government
The state is the servant of the people
If the government fails to uphold the social contract, it is your right to start a new government
Republicanism: People elect leaders to represent them to create laws the serve the people’s interest
To prevent corruption, divide up the government into three branches
These 4 ideals make up the idea of limited government
Enlightenment influence on the Declaration of Independence:
“…By their creator with certain unalienable rights…Life, liberty, and the pursuit of happiness.”
This highlights the ideal of Natural Rights
“Government are instituted among men… their just powers from the consent of the governed.”
This highlights the ideal of the Social Contract and Popular Sovereignty
Enlightenment influence on the Constitution:
Created a representative republic, where people voted for representatives who legislate on behalf of the people
Divided up the government into three branches, where each branch can check the power of another
This highlights the ideal of Republicanism
(Create Visual Graph that shows this)
1.2 - Types of Democracy
Q: Show how models of representative democracy are seen in the important institutions, policies, events, or debates in the US
3 different models of democracy:
All of these show up in American Institutions:
Participatory Democracy: Encourages broad participation in politics and civil society
Citizens vote on laws directly, not by the way of representatives
Founders thought it wasn’t practical to have everyone voting on laws, especially as the population grew and laws became more complex
Still shows up in local politics:
Town hall meetings for everyone participate in local policy making
Elite Democracy: Encourages limited participation, with a few well-educated individuals who are qualified to direct law-making on behalf of the people
Need to have specialists to help run the very complex country
Prevents the masses from making unwise policy choices
Many examples in our institutions today:
The power to appoint judges, which doesn’t involve citizens
The Electoral College, where a handful of electors elect the president
Pluralist Democracy: Group-based activism by nongovernmental interests, working towards impacting political decision making
Interest Groups: Groups which form around a particular cause, like the NRA and NAACP
When citizens join interest groups, they can pool together resources to have a huge influence on representatives in Congress
A Pluralist Democracy can be described as a group-based since it’s not based on the elite of a few, nor is it based on single citizens casting their concerns
Rather, it’s the work of everyone in a group casting their concerns
Interest groups provide a louder voice to amplify concerns
States also symbolize a Pluralist Democracy, since they each represent the interests of their citizens
Tensions between types of democracy reflected in the Constitution:
Elite Model: Allows for elected representatives that legislate on behalf of the people
Pluralist Model: Various interests, such as the states, have to compromise to get laws passed
Participatory Model: The Separation of power between the federal and state government, where states can create laws as long as they don’t conflict with national laws
Tensions between types of democracy represented in the debate between Federalist 10 and Brutus 1:
Brutus 1 championed the broad participatory model, because they feared that a large central government could be tyrannical.
Wanted to keep a majority of the power with the states
Federalist 10 thought that the fear of tyranny wasn’t logical, as the population was so diverse that there would be too many factions competing against each other
This competitive environment would act as a shield for the union against tyranny
1.3 - Government Power and Individuals Rights
Q: Explain how Federalist and Anti-Federalists views on central government AND democracy are reflected in US Foundational Documents (Federalist 10 and Brutus 1)
Federalist 10 v. Brutus 1:
The main idea of this debate was majority rule versus minority rights
For instances, how could agricultural interests (the majority) not dominate industrial interest (the minority)?
The Federalists and the Anti-Federalists debated this during the ratification of the constitution
Federalists: Arguing for more centralized power in the federal government
If the constitution was ratified, we would get more centralized power in the federal government
Anti-Federalists: Arguing against ratification for the constitution, because the current powers invested in the states under the articles of confederation was fine
Both sides published essays to argue for their perspective, becoming the Federalist and Anti-Federalist papers
Federalist 10:
Mainly arguing about the “mischief of factions”
Factions: a group that believes their interests/opinions are more important than other interests/opinions
If the majority always prevailed, it would be impossible to represent the minority
However, too many protections to the minority would prevent the common good from prevailing
The solution: creating a republican style government, with so many factions that would have to debate and compromise in order to get any laws passed
This upholds the majority rule and the minority rights
Brutus 1:
Stated that history hadn’t seen a republican style government with a large population and a large land mass like the United States
The necessary and proper clause and the supremacy clause in the Constitution would give the central government too much power
As a result, the interests of states no longer can exist
To maintain liberty, the Constitution’s centralized power should not be ratified
1.4 - Challenges of the Articles of Confederation
Q: Explain the relationship between key provisions of the Articles of Confederation and the debate over granting the federal government greater power formerly reserved to the states
Articles of Confederation:
The 13 states needed to form a government when they declared independence in 1776
A central government would bound everyone together to preform international tasks
States held most of the power under the articles of Confederations, with a weak central government
Weakness of the Articles:
Federal government only had one branch
One Congress
No executive or judicial branch
All 13 states had to agree to amend the articles
Congress had no power to raise taxes
the county couldn’t pay war debts
No national currency
Congress had no power to raise a national army
These weaknesses culminated into Shay’s Rebellion
Congress had no money and couldn’t pay their war soldiers
This hurt farmers who had were in debt as a result of fighting in the war, and had trouble paying them off due to high taxes
The government wouldn’t do anything about it
Shay raised a rebellion, symbolizing the problems of the articles which the founders heavily considered when drafting the Constitution
1.5 - Ratification of the Constitution
Q: Explain the ongoing impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system
Constitutional Convention:
Fix the weaknesses of the Articles of Confederation, by drawing up a new document
Compromises of the Constitution:
Great Compromise: How people would be represented, and how representatives would be handed out
Virginia Plan: Representatives apportioned by population
Bigger states would have more representation and smaller states would have less
New Jersey Plan: Representative apportioned equally, so each state gets one vote
Favored smaller states
Led to a Bicameral Legislature:
A Congress with two houses
House of Representatives:
Apportioned by population
Big states have more, and small states have less
Each state would have the same number of electors (people who put the president in office) as they have representatives in Congress
Senate:
Apportioned equally with each state
Each state got two senators
3/5ths Compromise: How enslaved people would count towards representation
Decided upon counting three-fifths of the enslaved population for purposes of representation
Also counted three-fifths of them for taxation purposes
Importation of Enslaved People:
Struck a deal stating that slave trade wouldn’t be touched for another 20 years
After that, it would be abolished
Article V:
More attainable means of granting amendments
Two stages to ratify:
Proposal:
Either Congress or special state conventions can propose an amendment
Requires two-thirds (2/3) vote to pass the amendment to the next stage
Ratification:
Needs to be ratified/accepted by three-fourths (3/4) of the states
Can be done by state legislatures or state ratifying conventions
Where this debate is still seen today:
Government Surveillance:
In the wake of 9/11, Congress passed the USA Patriot Act to find and stop future terrorists
The terrorists who carried out 9/11 had been living in the United States for quite some time completely unnoticed
the Act tapped phones and monitored the emails of Americans
Reflects the old debates about central power and individual rights
Education:
Normally Education falls within the states
In 2001, Congress passed the No Child Left Behind Act
In order to receive federal funding, schools would have to meet certain criteria
Schools couldn’t meet the criteria and the government placed sanctions on certain states
Also reflects the old debates about central power and individual rights
1.6 - Principles of American Government
Q: Explain the constitutional principles of separation of powers and “checks and balances”
Q: Explain the implications of separation of powers and “checks and balances” for the U.S. political system
Separation of Powers:
Not one branch of government holds all the power/authority
This is seen in the Constitution
The Articles of Confederation had a unitary branch of government
The Constitution separated the government into 3 branches:
Legislative Branch:
Made up of Congress, which is the House of Representative plus the Senate
Propose and Make laws, which no other branch can do
Executive Branch:
Refers to the President and the Bureaucracy, which is under the presidents authority
Execute the laws, or enforce the laws, which no other branch can do
Judicial Branch:
Refers to the Supreme Court, the highest court in the land, and the system courts throughout the land
Interprets the constitutionally of the Law, which no other branch can do
Each branch has the power to “check” each branch:
Legislative branch can check executive branch with its power of advice and consent:
Designed for the Senate, who approve high level position appointments, like cabinet members or supreme court nominees.
Legislative branch has the power of impeachment over the president
Executive branch can check Congress through the veto:
Enumerated in the Constitution, where the president can reject bills that reach their desk
Congress can override the veto with a two-thirds (2/3) vote
The bill becomes a law without the president signing off on it
Judicial branch has the power of Judicial Review:
Isn’t in the Constitution, but was established early
Can declare laws passed by Congress Unconstitutional and remove them
Checks and Balances regarding Federalist 51:
Separation of powers and checks and balances are able to control the potential abuse of power by a branch
For this to work, each branch needs to work independently of the others as possible
They also need to have the right checking powers so the other branches are kept in their lane
A big danger to the new republic would be to invest too much power into one branch
Various access points for stakeholders to our system of government:
Stakeholder: Anyone with a vested interest in the outcome of policymaking
The citizens are the stakeholders, since we are affected by the outcome of legislation
For instance, Interest groups can pay lobbyists to meet with representative in order to make them aware of the group’s cause and hopefully vote on that cause
Outside of Interest groups, people can just write letters or emails to representatives
Citizens also have access to the bureaucratic agencies, which are run by the executive branch
Stakeholders (Citizens) can file a complaint against the agencies if the law is broken or a crime is committed
Stakeholders can also use the courts to challenge unjust and unconstitutional laws or appeal wrongful convictions
Citizens being stakeholders means that we can interact with the governmental process and uphold the principle of checks and balances
1.7 - The Relationship Between States and the Federal government
Q: Explain how societal needs affect the constitutional allocation of power between the national and state government
Federalism: Sharing of power between state and national governments
Describing the relationship between state and national power:
Exclusive Powers: Powers delegated by the Constitution to the federal government alone
For example, only the national congress can declare war
Reserved Powers: Powers kept by the states
Comes from the 10th amendment: “…Powers not delegated to the United States by the Constitution…are reserved to the States.”
For example: Policing, Hospitals, Education
Concurrent Powers: Both national and state governments share powers
For example, taxation is shared by both the state and national governments
How the sharing of federalism has shifted between the national and state government:
Fiscal Federalism: Federalism via dollars
Congress can establish national standards by directing funds to states to comply with those standards
Congress can also withhold funding from states who do not apply with those standards
Fiscal Federalism happens through grants:
Categorical Grant:
Gives federal money to that states as long as they comply with specific federal standards
For Example, the Civil Rights Act of 1964 would withhold federal money to segregated schools
If they wanted funds, they had to comply with desegregating their schools
These grants were mainly used to uphold the civil rights agenda of equality
Block Grants:
Returned some of the power back to the states
Gives federal money to be spent in a broad category
The states determine how they want to spend that money within those boundaries of the said category
For example, the Community Development Block Grant Program gives money to the states for the purposes of community development
The states can determine what kind of community develop they want to do, such as building sewage plants or redeveloping abandoned homes
States have a lot more decision power with block grants
Mandates:
The federal government requires states to follow federal directives, and gives money toward the carrying out of this
For example, the Clean Air Act created national environmental standards
Unfunded Mandate:
The federal government sets a mandate and then provides no funds to help states comply
For example, the No Child Left Behind Act required states to give standardized tests and work towards improvements if scores did not get better
The schools had to pay for the improvements
Unfunded mandates have become more rare, however, after Regan’s Devolution Revolution
The Unfunded Mandates Reform Act severely limited the federal government’s ability to issue unfunded mandates
Fiscal Federalism shows how depending on the issues of the day, the sharing of power has shifted between the state and national government
1.8 - Constitutional Interpretations of Federalism
Q: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time
14th Amendment:
Passed during the Reconstruction Era after the Civil War
Applied the Bill of Rights to the states, where citizens have protection of their rights on the federal and state level
This was especially important for newly freed black people who were protected by the federal government, but not in their state government
States could and did violate their rights, and had complete immunity to do so
Commerce Clause, Article I Section 8:
Gives Congress the authority to regulate commerce among the states (interstate commerce)
Necessary and Proper Clause / Elastic Clause, Article I Section 8:
Congress has the power to pass any law which it deems “Necessary and Proper” to carry out the enumerated powers
Example: Since Congress has the power to raise taxes (Enumerated), it should be allowed to establish a national bank (Necessary and Proper)
Full Faith and Credit Clause, Article IV:
Each state must respect the other’s laws
For example, your driver’s license is SC will still be valid in NC and you wouldn’t have to get a new license every time you crossed the border
However, if New York legalizes same-sex marriage but South Carolina doesn’t, is same-sex valid in South Carolina? Does South Carolina have to comply with the Full Faith and Credit Clause?
This question prompted Congress to pass the Defense of Marriage Act (DOMA), which gave states the right to NOT recognize marital status of same-sex couples
States are asserting their power here
However, with the SCOTUS ruling with Obergefell v. Hodges, power was shifted back federally
This ruling maintained that same-sex marriage was a fundamental right that could not be infringed upon
Court cases that represent the shifting of power between federal and state governments:
McCulloh v. Maryland:
Congress established a bank in Maryland
Maryland heavily taxed the bank, but the federal bank refused to pay the tax
The court utilized the Necessary and Proper clause, saying that it implied certain powers for the federal government
Even if it wasn’t explicitly mentioned, the federal government had the right to set up the bank
Marshall, the chief justice, went on the further say that the supremacy clause would always trump state law when the two were in conflict
The United States v. Lopez:
Congress passed the Gun Free School Zones Act to try and prevent gun violence, prohibiting guns on school property
Congress used the Commerce Clause to justify this:
If guns were on school grounds, then the learning environment would be diminished, and neighborhoods would grow worse ultimately hurting interstate commerce
A kid in Texas brought a gun to school, and was charged with violating the federal law
The ruling favored the states, as they cleared that gun laws are in the domain of the states and could never link to interstate commerce
1.9 - Federalism in Action
Q: Explain how the distribution of powers among the three federal branches and between national AND state governments impacts policymaking
Federalism illustrated by Environmental Regulation:
The United States entered into the Paris Agreement (Protecting the Environment) by means of executive order during the Obama administration
This led to new environmental regulations being imposed on the states, who had to reduce their carbon emissions
However, when Trump entered officed he removed America from the Paris Agreement
Regardless, some states decided to keep the regulations imposed by the Paris Agreement, such as California
Factories in California have to abide by much stricter state limits rather than loose federal limits
Federalism illustrated by the legalization of marijuana:
States are laboratories for democracy
This means that states will pass certain laws and then representatives in the federal government will determine if it needs to become a law nationally
Legalization of Marijuana is an example of this
Marijuana has been illegal federally since the 1930s, but Nixon’s War on Drugs really cracked down on it
The Controlled Substances Act had severe punishment for possessing and using Marijuana
However. in the 80s and 90s, there was a growing amount of research showing that Marijuana could be used as a therapeutic in certain medical cases
California legalized medical marijuana in 1996 by a state-wide vote
Colorado legalized recreational marijuana in 2012
Even though it was a federal crime, Obama essentially ignored it as executive of the government
Colorado is acting as a laboratory for democracy here
Unit 2 - Interactions
2.1 - The Senate and the House of Representatives
Q: Describe the different structures, powers, and functions of each house in Congress
Congress is Bicameral Legislature
Contains two houses:
The House of Representatives:
Each state is represented by population
More populous states have more representatives, and less populous states have less
Each state is guaranteed at least one representative
Capped at 435
The Census is how we get the number of representatives for each state
Must be at least 25 years old
Hold two year terms
The short terms means that representatives have to be much more responsive to the people who elected them
They are closer to the issues that people in their districts care about
Less likely to form bipartisan groups in order to pursue legislative goals
The Senate:
Each state is represented equally with two representatives
Considered the more “mature” body since the members are older (Must be at least 30)
Less connected to the people they represent
Hold six year terms
Congress embodies the Legislative Branch of the Government
Their main purpose is to make laws, which no other branch of the government can do
How Laws are made
Both houses of Congress have to agree by vote on identical versions of the bill
If they do, it then gets passed to the president for signing
Rules for debate
The senate allows for unlimited debate (relaxed and informal)
The house is restricted to an hour for debate (structured and governed by rules)
Article I, Section 8
Where Congress gets its power and what kinds of power they have
This section lists the enumerated (listed out) powers of Congress:
Power to pass a federal budget (power of the purse)
Incredibly complex, and can take months of negotiation
Power to raise revenue
Accomplished by income taxes, tariffs, etc.
Power to coin money
Power to declare war
Raise and maintain the armed forces
Implied Powers:
Belong to Congress, but aren’t actually written in Article I, section 8
Gets this power from the “Necessary and Proper Clause”
Congress uses this clause to pass a wide range of legislation
2.2 - Structures, Powers, and Functions of Congress
Q: Explain how the structure, powers, and functions of both houses of Congress affect the policy-making process
Leadership structure:
House of Representatives Leadership:
Speaker of the House
House members will choose this leader, so the speaker will always be a member of the majority party
This role makes committee assignments
Majority and Minority Leaders
Guide their party members on how to vote
Help to direct debate
Wanting to make sure that their members are working together to achieve policy outcomes favorable to their party
Majority and Minority Whips
Responsible for party discipline
Make sure party members walk in line with the goals of the party
The Senate Leadership:
President of the Senate
Vice President of the United States
Non-voting member of the Senate
Votes to break a tie
President Pro Tempore
Member of the majority party
Leads the Senate when the Vice President is away
Majority and Minority Leaders
Majority leader sets the legislative agenda
Does this by controlling the calendar assignments of bills’
Committees: How each house gets its legislative work done
Both houses use this as a practical necessity
Committees are smaller groups of legislators who debate and draft precise legislation that would be impossible in the large group setting of the house/senate
Four types of Committees:
Standing Committee: Remains from session to session, as the deal with issues that are always present
For example, the Appropriations Committee in the Senate who debate on where federal money is going to be spent
The Ways and Means Committee in the House is responsible for various kinds of taxation bills
Join Committee: Involves members from both the House and the Senate
For example, the Join Committee on the Library and the Join Committee on Printing deals with the publishing aspect of the federal government
Sometimes these Committees can be formed for the short-term (temporarily)
Select Committee: A temporary committee that is formed for a specific purpose
Conference Committee: Formed if both houses can’t agree on an identical version of a bill
Even though both houses use Committees, the different constitutional responsibilities of the House and the Senate affect the policy making process in committees
Exactly how Congress gets its work done:
The House
The House Rules Committee: The Gatekeeper for all legislation
Decides when votes take place
Assigns bills to various committees for debate and revision
The Committee of the Whole: A procedural move that relaxes some of the debate so that amendments to bills can be debated quicker
Discharge Petition: A house can muster a majority vote to bring a bill out of a committee and into the floor for a vote
The Senate
Enjoy unlimited debate time
Allows for the filibuster, which attempts to stall or kill a bill by talking for a very long time
Cloture Rule: Moves to end a filibuster by means of a three-fifths (3/5) vote
Utilizes Unanimous Consent to get work done:
A call to agree to restrict certain privileges in order to get work done faster
For example, members can vote on disbanding the filibuster temporarily
How a bill becomes a law
A bill can be sponsored by a member from either the House or the Senate
As the bill is considered and debated, it often changes
Non-germane Riders are added, which are provisions to the bill which have nothing to do with the subject of the bill
Pork Barrel Spending can change a bill, when funds get earmarked for a certain representatives district
When the bill is assigned to a committee, it can be further debated and changed
When it comes out of the committee, it goes to the floor for a vote
This process can be affected by logrolling, when representatives agree to vote for each other’s bills (back scratching)
The Federal Budget
One of the most complex legislation that Congress must consider
Two kinds of spending they must consider:
Mandatory Spending: Money that must be allocated by law
For example, Medicare/Medicaid by law have to be paid for
Discretionary Spending: Spending up to the legislators
The government spends more money than it has, which is called deficit spending
To get more money, they must raise taxes or borrow money
2.3 - Congressional behavior
Q: Explain how congressional behavior is influenced by election processes, partisanship, and divided government
Ideological Division
Liberals and Conservatives represent two different ideologies, or sets of assumptions/principles
Over the last 30 years, Republicans have become more conservative and Democrats have become more liberal
This polarization has serious implications, as their ideas about what’s best for the nation decreasingly overlap, making it difficult to negotiate and compromise
Our system of government requires negotiation and compromise
When bills come up we get policy gridlock, or partisan fighting, as healthy debate doesn’t occur.
Seriously impedes the process of getting laws passed
As a result, to get work done quickly, it’s best to have a a majority in both the House and the Senate, so they can always pass legislation
For example, this is how FDR got so many of his New Deal programs passed in his first 100 days in office
In more recent times, it’s how Obama got his healthcare plan passed over Republican objectives
Divided Government:
Opposing parties hold majorities in opposite houses, or the president is from one party and Congress is a majority from the opposing party
For example, Obama in 2016 (His last months of office - 2nd term) had the chance to appoint a new Supreme Court Justice
Here, he is a lame duck president since he is at the end of his term
Congress doesn’t have much incentive to work with him to pass his agenda
Obama nominated someone to correspond with his liberal ideology
The divided government prevented the nomination from occurring
However, In 2020, Trump nominated someone to the Supreme Court in the last months of his presidency
Republicans still had control of the Senate, but did not follow the precedent set with Obama.
They used a lot of effort to move along confirmation hearings for a conservative justice
This shows how a government dominated by one party can speed up the work of Congress
The way representatives understand their role
Three ways they can think about it:
Delegate Model: Believes he/she/they must vote with the will of the people
This representative believes they are there to represent the people’s beliefs and desires, not their own
This model is very common in the house, because they must answer to the people every two years for their reelection
Trustee Model: Believes they have been entrusted with the people’s faith, and therefore must vote according to their own conscience
A Trustee can actually vote against the will of the people if they believe it to be the right thing to do
A Trustee TRUSTS in themselves
Politico Model: Hybrid of the Delegate and Trustee Model
They will act as a delegate when it’s clear that their constituencies feel strongly about an issue, but will act as a trustee if they do not feel strongly about an issue
Redistricting:
Happens every ten years from the census, when districts are drawn to reflect the most current population numbers
This can be chaotic, especially when they are not reapportioned properly
Reflected in the SCOTUS case, Baker v Carr
In Tennessee, redrawing districts had not been done properly and rural voters had a lot more voting power than urban residents
This violated the equal protection clause of the 14th amendment
Resulted in the one-person-one-one vote principle
This means redistricting had to be done in a way where everyone’s vote was equally powerful
Gerrymandering: Districts being drawn in such a way to benefit one party/group over another (Picture)
Partisan Gerrymandering occurs when districts are redrawn to benefit one party over another
Racial Gerrymandering
This is reflected in Shaw v Reno
Two North Carolina districts were drawn in odd shapes in order to create black districts
The Court ruled that drawing districts based on race was dangerous, as it could be used in other situations to disenfranchise minority voters, and the practice was deemed unconstitutional
The above demonstrate the factors that affect how well Congress is able to do their job. This includes ideological division or alignment, whether representatives understand themselves as trustees, delegates, or politicos, and the process of redistricting and gerrymandering
2.4 - The Roles and Powers of the President
Q: Explain how the president can implement a policy agenda
Policy Agenda: Every president has policies that they campaign on
Acts as an informal contract between the candidate and the people who vote the president in
For example: “If you elect me, here are the laws that I will work to put into place”
However, we know that the president does not have the ability to pass laws, as only Congress can do that
As a result, the president uses formal powers and informal powers:
Formal Powers: Powers explicitly given to the executive Article II of the Constitution
Commander-In-Chief
While Congress has the ability to declare war, the president can use this power to implement presidential policy agenda
For Example, Biden campaigned on the promise of ending the Afghanistan War and sending home the troops
As the Commander-In-Chief, he has the authority to do this and he has done that
This shows Biden’s Policy Agenda, and he uses formal powers to get it done
Power of the Veto
any bill that comes across the presidential desk Congress can override the veto with two-thirds vote of each house
President has 10 days to sign a bill once it arrives on desk
Pocket Veto: If Congress adjourns before that 10 day period is up, the president just doesn’t sign the bill
The President will veto a law if it is not in line with the presidential policy agenda
Informal Powers: Not mentioned in the Constitution, but they exist because of the nature of executive power
Bargaining and Persuasion
The President has the ear of the nation in a way that no other political does
The President can attempt to talk to the people and persuade them to put pressure on their representatives, so that his agenda can get pushed forward
The President can also bargain with Congress to get favorable legislation passed
Bargaining is correlated with the presidential approval rating
A president with a high approval rating can have a lot of leverage to get Congress to pass legislation, but the opposite occurs with a president with a low approval rating
Executive Orders
A directive from the president that has the force of a federal law, but is not actually a law
As the President, they are the head of the entire bureaucracy
these bureaucracies answer directly to the president, and depend on Congress for their funding
The executive branch exists to EXECUTE the laws passed by Congress
The executive orders allows the president to direct the bureaucracy, or move money around, to accomplish their policy agenda
For example, Trump rerouted funds by executive order between his executive departments because he wasn’t able to persuade Congress to pass legislation to build a wall
Signing Statement
This is an additional statement that the president can offer when signing a bill into law
this informs the nation how they interpret the law, and how they intend to execute it
For example, FDR issued a signing statement when signing a law during WW2
He mentioned that he disagreed with one of the sections, but he had no choice but to sign a law because a veto would have delayed US efforts on the warfront
Executive Agreement
This is an agreement between the president and another head of state
Not a formal treaty, but rather an agreement that the President makes on his or her own authority
Only exist as long as that president is in power, so they are more politically than legally binding
2.5 - Checks on the Presidency
Q: Explain how the president’s agenda can create tension and frequent confrontations with Congress
☮ = doesn’t create many problems
😡 = does create problems
The Main problem
Is usually between the President and the Senate, because constitutionally, the Senate is given the power of Advice and Consent
Many presidential appointments have to first be approved by the Senate
Ambassadors to Others Nations ☮
US diplomats who are assigned to various countries to organize the presence of the US there, and to nurture the relationship between the US and that foreign nation
Usually, the Senate is perfectly fine with the choice of ambassador
White House Staff ☮
Need no approval by the Senate
The President appoints all kinds of staffers to work the executive offices
They are usually people who ran the President’s campaign or are friendly with the President
Cabinet Appointments ☮
The Cabinet represents all the heads of the main executive departments
Are usually approved without much of a fight, but there have been times when cabinet appointments have caused a lot of attention
The last time a cabinet appointee was actually rejected was in 1989, when the person was an alleged womanizer and drunkard
Federal and Supreme Court Appointments 😡
Justices to the Supreme Court must be confirmed by the Senate
Fighting can be pretty dirty, as the stakes are HIGH since justices hold their positions FOR LIFE
Wanting Supreme Court Justices that align with your ideology as President can help uphold your agenda long after your four year term is up
For example, Robert Bork was not confirmed by the Senate because he made it clear that he would rule in ways that would roll back the liberal civil rights SCOTUS decisions made in previous decades
Ultimately, Bork was rejected
2.6 - Expansion of Federal Power
Q: Explain how presidents have interpreted and justified their use of formal and informal powers
Reminders
Formal powers are powers granted to the president explicitly in Article II of the Constitution, such as the veto and the power to appoint federal judges
Informal powers are not explicitly mentioned in the constitution, but the president exercises nonetheless, such as bargaining and persuasion and executive agreements
Over time, presidents have used more and more of both powers, resulting in a much more powerful executive than at the start of the republic
Growth in the power of the executive branch was one of the chief fears that anti-federalists were concerned about during the ratification debates of the Constitution
Fears about the Executive Branch in Federalist 70
Hamilton argues for a single executive, while anti-federalists argued that executive power needed to be divided among a few presidents
The Anti-federalists feared that one executive would be “the fetus of monarchy”, as one president could potentially consolidate too much power
However, Hamilton argues that a single executive is important because:
A single person can act more decisively when required
A single executive will actually be a protection against expansion of executive power
If a president attempts to grab too much power, everyone knows exactly who to blame
They would be much more inclined to be careful since they would be watched so closely
However, it is true that federal power has expanded significantly over time, and that change is largely due to how the president understands their role
Illustration of 2 opposing interpretations of the executive role:
Teddy Roosevelt - For the People
Said that the President was “A steward of the people” who needed to do all that they could, unless it wasn’t allowed by the Constitution/Laws
In other words, the president should act on behalf of the people in every conceivable manner unless explicitly restricted by the constitution
William Howard Taft - Restricted Powers
Said that the President can use “no power” that cannot be traced to some other power
In other words, Taft argued for a much more restricted understanding of executive power in that you should do NOTHING unless the constitution said you could
The executive role shifting in different US Presidents throughout history:
George Washington wanted to differ to Congress, which was the people’s branch (Restricted Power)
A huge shift from that perspective came from Andrew Jackson, who believed himself to be the representative for the people and therefore was mandated to carry out their will (For the People)
Constitutionally, it’s Congress that represents the people’s will.
Jackson took that mantle upon himself
This change is seen with the amount of Vetoes that Jackson enacted
Washington Vetoes 2 bills, while Jackson vetoes 12 bills
Executive power was further expanded with the Lincoln Administration, as he was heavily involved in the Civil War (For the People)
He assumed executive power in order to save the union and to emancipate the enslave population
He suspended the constitutional right of “habeas corpus”, so people could be arrested without a proper trial
This shows how Lincoln greatly expanded power for the executive
FDR massively expanded the role of the executive (For the People)
He was elected during the Great Depression, and he utilized broad use of his executive power in order to pass New Deal legislation aimed at helping Americans from economic suffering
He created new agencies, spent a lot of federal money putting people to jobs, and he used the veto more than any other president before him (635 times!)
He was also elected 4 times, breaking the tradition of two terms set by Washington
He even tried to push out Supreme Court justices who disagreed with him (didn’t work though)
However, he proves Hamilton’s point made in Federalist 70
In the 1930s, the nation was in crisis and FDR came in to handle it; he was an energetic executive who was able to act decisively
Since FDR’s presidency, federal power has expanded and contrasted somewhat
However, it has never gone back to the smaller scope of power that we had in G. Washington
After FDR, the government was HUGE
Today
Since the government has gotten so huge, the debate is now a smaller big government vs. bigger big government
Checks on Executive Power
Just because a president has more power, does not mean that they are immune to checks and balances of other branches
For example, Trump was impeached twice during his four years in office
This shows that the president is not all-powerful
Also, after FDR’s four terms we ratified the 22nd amendment which limited the president to two terms
2.7 - Presidential Communication
Q: Explain how Communication Technology has changed the president’s relationship with the national constituency (citizens) and the other branches
Advantage of the President:
The President has the unique attention of the nation, that no other single politician has
If you stopped a random person on the street, it’s likely that they would not be able to name their congressional representative or even know their face!
Namely, everyone knows who the president is
If people are keeping track of politics, they have their eye on the president
Remember that among the informal powers of the president, they have the power of persuasion which they use to essentially communicate with the nation and the other branches of government
Teddy Roosevelt called the Presidency a "Bully Pulpit”, or an effective mean to widely share one’s views and influence public opinion.
It’s a platform to advocate for an agenda
Presidential Communication
The only constitutionally required communication from the President is the State of the Union Address, which is required time to time in order to recommend to Congress measures to enact
This happens at the beginning of every year, and the President makes all kinds of policy recommendations to Congress while the Nation listens along
NO other politician has that kind of power
Presidential communication has changed over time due to technology
Washington along with earlier presidents had their State of the Union Address along with other presidential speeches were reported in the Newspaper
Over time, the bully pulpit principle has become even more prolific
This is seen with FDR’s Presidency in the 1930s, where many Americans had radios to listen to the news
FDR hosted Fireside Chats on the Radio in which he explained in lay terms the outlines of major proposals that would help the country, like a bank holiday to fix the baking crisis
This was a success, because FDR was able to get a staggering amount of legislation passed in his first 100 days in office
Impact of Television and Social Media
When Television came along, it changed the nature of the bully pulpit as well
A president could speak directly to the people audibly AND visually
Television essentially required the President to look and sound good
With the rise of Social Media, the bully pulpit once again transformed greatly
With Facebook, Twitter, YouTube, etc., the President was able to speak directly to the American People without third party mediators like a Television
The speed at which the president could comment publicly in response to public image was unprecedented
Donald Trump, for instance, heavily utilized twitter as he tweeted over 26,000(!) times
He used Twitter to praise loyalists, attack opponents, and urge Americans to support his policy agenda
2.8 - The Judicial Branch
Q: Explain the principle of judicial review and how it checks the power of the other institutions and state governments
Structure of the Federal Courts
3 tier hierarchy to the federal court system:
Supreme Court
Sits at the top, as it is the only court officially established by Constitution in Article III
Judges of the Supreme Court are appointed by the president, confirmed by the senate, and serve lifetime appointments on good behavior
Jurisdiction: How much power the court has, or in this case, what kind of cases the court can hear
Original Jurisdiction: The court can hear a case for the first time
Appellate Jurisdiction: The court can only hear appeals from lower courts
The Supreme Court has both original and appellate jurisdiction, but the scope of its original jurisdiction is narrow
It has original jurisdiction in cases between two states or involving an ambassador or other public official
As a result, a majority of the cases appearing before the Supreme Court are appeals
Article III, section 1 tells us that Supreme Court is established by the Constitution, but it also gives Congress the power to establish lower courts as necessary
The Judiciary act of 1789 established the system of courts
Court of Appeals
The Nation is divided into 12 regions, where each region gets one Appeals Court
Their job is to make sure that the law was applied correctly from lower court cases
Only have Appellate Jurisdiction
There are 3 judges and no jury
US District Courts
94 scattered throughout the nation
Only have Original Jurisdiction
Cases are heard by a judge and a jury
Each state has at least one federal district court
Power of the Courts
Judicial Review: The Court has the power to rule on the constitutionality of laws
This law is not explicitly granted
One part of Judicial Review came from Federalist 78:
Hamilton argues that the independence of the judicial branch built a protective wall around its power, because of the lifetime appointment of its judges
Lifetime appointments insulated the judges from political pressure, so they could focus exclusively on constitutional interpretation of laws
The nature of the Court’s power is its exercise of judicial review, and the court should be able to consider the laws passed by the legislature constitutional or not
If not, they should be able to strike them down
Another part of Judicial Review came from Marbury v Madison in 1803
This established the precedent of judicial review for the Supreme Court
When the court exercises the power of judicial review, it’s using the most potent checking power that it has on the other branches
2.9 - Legitimacy of the Judicial Branch
Q: Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power
Reminders
Federal Judges are not elected but rather appointed and hold life tenure on the condition of good behavior
Anti-federalists did not like this, because they believed that if judges were insulated from the people, the judges would be tempted to slide into tyranny
The Court has the power to rule on the constitutionality of laws, so unconstitutional laws become null and void (Judicial Review)
The role of precedence in the Court’s decision making process
Precedents: The decision in question will act like a template for future decisions
Whenever the court rules on a case, it creates a precedent
For example, Brown v. Board of Education established the PRECEDENT that racial segregation in schools was unconstitutional
If there are cases with similar facts of previous cases, the Court won’t even hear the case because of this concept
The principle that governs the emphasis on precedents: Stare Decisis
Latin for “Let the Decision Stand”
As a result, the court always considers past precedence which are bound by the principles of Stare Decisis in making their ruling
However, this does not mean the precedents cannot be overturned.
When this happens, it’s a big deal
For example, Brown v. Board of Education was itself an overturning of the precedent established in Plessy v Ferguson which upheld racial segregation
What factors determine if a precedent will stand or be overturned?
There are a lot, such as if justices consider this idea of
Loose Constructionism, where justices consider the Constitution a living, evolving document
Strict Constructionism, where justices interpret the Constitution as the words are literally written
There is also the ideological makeup of the court, whether the justices are liberal or conservative
The President will appoint judges that align with their political ideology
When controversial rulings are handed, presidents will try and appoint judges who will overturn the precedents set by hose decisions
This shows that by it’s power of judicial review and the ideological makeup of its justices, decisions handed down by the Supreme Court can have far-reaching effects
Those effects are felt by the population, leading some of them to question the legitimacy of the court
2.10 & 2.11 - The Supreme Court in Action AND how it can be checked
Q: Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power
Q: Explain how other branches of government can limit the Supreme Court’s power
Decisions that the Court hands out:
Judicial Activism: When a court acts to establish policy and its deliberative work, considers the broad effects of a decision on society
It’s like saying the Court is going beyond the Constitution to establish the ideological will of the majority
It’s not a conservative or liberal thing, justices of both ideologies have been accused of judicial activism
For example, Brown v Board of Education led to the integration of schools, and it overturned the precedent of legal racial segregation (Liberal Warren Court being accused of Activism)
On the other hand, Citizens United v. FEC which dealt with campaign finance gave Republican candidates an edge (Conservative Warren Court being accused of Activism)
Judicial Restraint: Believes that judges are not appointed to make policy, so a law should be struck down only if it violates the actual written words of the Constitution
Put a huge emphasis on precedent and the principle of stare decisis
This conviction has also created the occasion for a violation of civil rights, such as in the separate but equal doctrine established in Plessy v. Ferguson
Justices can be kept from overturning precedents that need to be overturned
Controversial Decision that led to people questioning the Courts legitimacy:
Dred Scott v. Sandford
Dredd Scott sued for his freedom on the grounds that his enslavement was invalid since he lived on free territory
The Taney court established that since enslaved people were not technically citizens, Scott had no right to sue in federal court
The Court also struck down the Compromise of 1820 as unconstitutional on the grounds that enslaved people were considered property, and the 5th amendment protects a person’s property
This decision effectively opened up the entire nation to slavery
This would be a case of Judicial Activism, because a dissenting opinion expressed how Scott not having citizenship had no relation to striking down the compromise of 1820
The outcome of this decision was massive, as it was important to keep the issue of slavery balanced so no region had an advantage over the other
This decision was a huge win for the slave states, and abolitionists were furious because a group of unelected judges overturned a law that was keeping slavery confined to the south, bringing into question the legitimacy of the Supreme Court
How other branches of government can check the decision of the Supreme Court:
Passing laws the modify the impact of prior decisions
For example, the court struck down the Gun Free Schools Zone Act with the ruling of United States v. Lopez
In the same year, Congress amended that law to uphold keeping guns out of schools but made it clearer how such a law related to the commerce clause
Constitutional Amendments
In response to the Dredd Scott decision, Congress passed the 13th Amendment which banned slavery
Passing legislation that impacts the Court’s jurisdiction
Judicial Appointments by the President
the President not enforcing the decision handed down
2.12 - The Federal Bureaucracy
Q: Explain how the bureaucracy carries out the responsibilities of the federal government
What is the Federal Bureaucracy?
Millions of people who are employed to carry out the responsibilities of the federal government
Falls under the authority of the Executive Branch
Basic Structure:
Cabinet Departments:
15 departments
President’s Cabinet are the heads of cabinet departments
Agencies:
Work together to accomplish the goals of the department
Independent Regulatory Commissions: somewhat apart from the President’s authority, but still accosted with the bureaucracy
Created for the specific purpose of regulating some aspect of society, like the Federal Communications Commission (FCC)
Government Corporations:
Hybrid between a government agency and a private business
Created when services exist that the government wants to offer to the public, but the free market is the best way to do it
For example, the US Postal Service is one of the biggest
What these entities do to carry out the will of the executive branch:
They write and enforce regulations, such as the FCC enforcing Closed Captioning for people with disabilities
Issue fines for non-compliance, known as compliance monitoring
Interact with Congress
Department heads are often experts in their field, so they go to Congressional Committees and testify on the dealings of their department/agency
Bureaucratic agencies work very closely with interest groups and Congressional Committees
When they do so, this relationship is called an Iron Triangle
these 3 Entities work together, relying on each other’s strength in order to make policy
However, issue networks pose a threat to Iron Triangles
For example, an Iron Triangle formed around Tobacco Interests can be severely disrupted by an Issue Network
An issue network is a conglomeration of folks who sometimes disagree about a lot of things, but come together about 1 specific issue to make change
How the efficiency of the Bureaucracy changes over time
This is mostly due to how people come to work in the bureaucracy
It used to be given to people via an application if you supported the President's campaign
After Garfield was assassinated, it shifted to a merit-based system for applicants seeking jobs in the Bureaucracy
2.13 - Bureaucracy: Discretionary and Rule Making Authority
Q: Explain how the federal bureaucracy uses delegated discretionary authority for rule making and implementation
Federal Bureaucracy
Made up of millions of people who work for all the agencies and departments that fall under the authority of the executive branch
Branch Responsibilities
Legislative Branch passes laws
Judicial Branch interprets laws
Executive Branch ensures people abide by laws
The President is the figurehead of the Executive, because constitutionally it’s the president who is responsible for executing the laws
How does the law actually get executed?
The Bureaucracy does this, and there are many of them
Departments/Agencies are left with a directive where the outcome is clear, but the details are vague
Delegated Discretionary Authority
Describes the kind of power that the Bureaucracy has
The power that they have is delegated to them, since they don’t have actually have any constitutional power
They have discretion to decide how/when to implement the law
They have Rule Making Authority, which means they are the ones who make the specific rules for how the law will be carried out
For example, the 16th amendment, ratified in 1913, establishes the income tax
The Internal Revenue Service (IRS), a Bureaucratic Agency, enforces this amendment
They make all the rules on how taxes are going to be collected, such as saying that taxes are due April 15th
Examples:
Department of Homeland Security
Protects Americans from terrorism and matins and control borders
Department of Transportation
Manages all kinds of transportation like highway and air travel
Department of Veteran Affairs
Manages the general welfare of nation’s veterans
Department of Education
Manges states and their implementation of federal educational standards
Environmental Protection Agency
Protects the environment and human health through environmental regulations
Federal Election Commission
Administers and enforces campaign finance laws
Securities and Exchange Commission
Regulates the Stock Market and prevents fraud
2.14 - 2.15 - Holding the Bureaucracy Accountable
Q: Explain how Congress uses it oversight power in its relationship with the executive branch
Q: Explain how the president ensures that executive branch agencies and departments carry out their responsibilities in concert with the goals of the administration
Congress with the Bureaucracy:
Congress is concerned that the bureaucratic agencies actually implement the laws as Congress intended
This is where oversight comes in, and gives Congress two ways to check the power of the Bureaucracy:
Committee Hearings: Congress will call directors into committee to testify and give reports on their progress of carrying out the law
Power of the Purse: Any agency cannot spend taxpayer money until they are authorized by Congress, who is responsible for the federal budget
President with the Bureaucracy:
The Bureaucracy officially falls under the authority of the President
The President has a policy agenda to implement, so if the bureaucracy isn’t cooperating with that agenda, the president can use both formal and informal powers to shake things up:
Appointment (Formal): If the Bureaucracy isn’t behaving like the President would like, they can just appoint new heads the agencies who will usually be sympathetic to the President’s policy agenda
Executive Order (Informal): Brings the Bureaucracy into line with the Presidential Policies
For example, Civil Rights was a large agenda item for Lyndon B. Johnson, so in 1964 he signed the Civil Rights Act into law, prohibiting employment discrimination based on race, gender, or religion
If Discrimination did occur, the agencies responsible for enforcing it would only know about it AFTER the fact
As a result, Johnson signed Executive Order 11246, mandating that any contractors hired by the federal government had to take action to avoid discrimination but also to populate the organizations with women and minorities and other discriminated groups
Compliance Monitoring
Biggest slowdown in the Bureaucracy
When an agency imposes rules on an industry, they must go through laborious process of following up with the players of those industries to make sure they are complying
This takes a lot of time and work, so it greatly slows down the implementation of policies
Judicial Branch with the Bureaucracy
Since the rules and regulations by the Bureaucracy directly affects the citizens, people can appeal to the courts if they feel the rules/regulations is unconstitutional
This would be the Court exercises Judicial Review
Most of the time, the Court rules in favor of the agency, unless there is a blatant constitution violation
Unit 3 - Civil Liberties and Civil Rights
3.1 - The Bill of Rights
Q: Explain how the U.S. Constitution protects individual liberties and rights
The Bill of Rights (Constitution)
The Bill of Rights includes the first 10 amendments to the constitution designed to protect Civil Liberties
Civil Liberties are Constitutionally established guarantees and freedoms that protect citizens against arbitrary government interference
History of the Bill of Rights
The Federalists were in favor of a more powerful central government
The Anti-Federalists were in favor of more powerful states
This group said they would not sign or ratify the Constitution without a bill of rights to outline the specific liberties
James Madison wrote more than 10 amendments, but only 10 were included
The Amendments that make up the Bill of Rights:
1st Amendment: Protects the freedom of religion, speech, press, assembly, and petition
Protect the right to keep and bear arms
Protects citizens from having soldiers quartered in their homes
Protects against unreasonable searches and seizure of persona property and effects
Deals with the rights of citizens when they are accused of crimes
Explains how the process will go when a person is accused of a crime and explains the protections to which they are entitled
Guarantees the right to a trial by jury
Protects against cruel and usual punishment and excessive bail
Acknowledges that if there are other rights not mentioned in the first 10, this exclusion doesn’t mean that such rights are not protected
Any powers not explicitly granted by the Constitution to the federal government belong exclusively to the states
The liberties outlined in the Bill of Rights protect citizens from intrusion by the federal government
It did not protect people from the STATE governments
With the passage of the 14th amendment, the bill of rights would be applied to the states; it wasn’t always like that
3.2 - The First Amendment: Freedom of Religion
Q: Explain how much the Supreme Court’s interpretation of the First Amendment reflects a commitment to individual liberty
The First Amendment is not absolute
Balance is always between the religious practice of the majority and the free exercise of minority religious practice
Parts of the First Amendment
“Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof…”
The Establishment Clause prevents Congress from establishing a national church
The Free Exercise Clause protects the rights of citizens to practice their religion without interference from the Government
There is a “wall of separation” between the Church and the State according to Thomas Jefferson
The “Wall of Separation” being strengthened or weakened:
Thickening: The Johnson Amendment
This was attached to a 1954 tax bill by Lyndon Johnson which said that if churches receive tax-exempt status, then the pastor/priests of those churches cannot endorse political candidates
Weakening: Trump vowed to overturn the Johnson Amendment
He… doesn’t have the power to do this?
This shows a battle between how thick or thin the “wall of separation” should be
How the Supreme Court interpreted the Freedom Of Religion
Engel v. Vitale - Establishment Clause
New York schools offered a short, voluntary non-sect prayer to be recited by schoolchildren at the beginning of each school day
The Supreme Court ruled that it was a violation of the establishment clause of the 1st Amendment
Thus, state-sponsored prayer in schools was unconstitutional, and it was justified by the idea of a “wall of separation” because no state government had any business writing prayers for students to use
This case is very much an example of the Supreme Court upholding individual religious liberty, especially to parents who rejected prayer in school (the free exercise of the minority)
Wisconsin v. Yoder - Free Exercise Clause
A group of Amish parents, did not want to send their children to school even though Wisconsin required it
They wanted to pull their children out of school after the 8th grade to begin doing vocational training
These parents complained that the Wisconsin law violated the free exercise of the religion
The court issued that it was a violation of their right to free exercise, as the children might be exposed to influences that would be against the Amish community’s religious values if they stayed in school
This is another example of the court upholding the individual liberty of free exercise of religion
Exception
Employment Division v. Smith
Here, the court ruled against free exercise of two men who had used hallucinatory drugs as apart of a Native American church ritual
This shows that none of our liberties are absolute, and there are limits, as the Court ruled that the free exercise clause could be restricted if that practice was otherwise illegal
3.3 - The First Amendment: Freedom of Speech
Q: Explain how much the Supreme Court’s interpretation of the 1st Amendment reflects a commitment to individual liberty
Free Speech
It is NOT absolute, so you can’t just say whatever you want at any place or at any time
Symbolic Speech in Tinker v. Des Moines
Students in Iowa planned to wear black arm bands to school in protest of the Vietnam War
The Administration heard plans of this protest taking place, and tried to stop it from taking place because they claimed it would disrupt the learning environment
Division over the Vietnam War was intense back in those days, and protests plus violence had broken out in University Campuses
Students claimed that not be able to protest by wearing the armbands violated their free speech
The free speech was symbolic in this case because they wore black armbands
The Supreme Court agreed with the students that their first amendment rights had been violated
While the Court acknowledged that school administrators have an obligation to keep the peace in their schools, there was no actual disruption but only the fear of it
As a result, the right to symbolic speech was upheld
With this decision, the Court is attempting to balance individual freedom and social order
How does the court decide?
Time, place, and manner regulations
There are Content-neutral regulations
This means that they don’t restrict the actual words being said, only when and where and how
Defamatory, Offensive, and Obscene
Defamation is almost never protected speech
Offensive or obscene language is difficult to define since it’s a moving target
There is a high bar to reach for the government to silence speech deemed offensive
Clear and present Danger Rule
Speech can be silenced if it is deemed dangerous in some way
Dangerous speech in Schenk v. United States:
Schenk was a socialist who was not a fan of American involvement in WW1, so he made and distributed pamphlets urging people to skip the draft
He was arrested for violating the espionage act, which made it illegal to criticize the government
The Court ruled that his conviction was constitutional, because no violating of his first amendment right to free speech had occurred
This is because the Pamphlets incited unlawful action, and this speech created a clear and present danger to American society
On another note, the clear and present danger test is no longer the standard for protecting 1st amendment speech rights,
it was changed in the 1960s with the Brandenburg Test that actually made it harder for the government to censor the kind of speech Schenk was prosecuted for
3.4 - The First Amendment: Freedom of the Press
Q: Explain how much the Supreme Court’s interpretation of the 1st Amendment reflects a commitment to individual liberty
Freedom of the Press is one of the keystones to a free society
When the power to govern is in the hands of the people, a free press is necessary in order to report to us what our elected officials are doing so that we can keep them accountable
However, it is NOT absolute so it must be balanced with other liberties
For example, we must balance the right to a free press with the 6th amendment right to a fair trial
This may keep certain details out of the press
When does the concern for national security necessitate the silence of the press?
Prior Restraint: When the government tries to restrain a story prior to its publication
The standard for prior restraint has been set very high by the Supreme Court
New York Times v. United States
A stack of classified documents known as the pentagon papers were leaked to the NYT and the Washington Post
These papers made it abundantly clear that the President had lied to the people and Congress about the Vietnam War
Nixon invoked Prior Restrain on the publication of these documents on account for the protection of our national security
The Court ruled that freedom of the press was more important than Nixon’s vague claim about national security, and a “heavy presumption against prior restraint” was made
In other words, if the Government wants to censor the press it must have an incredibly clear reason to do so
3.5 - The Second Amendment: The Right to Bear Arms
Q: Explain how much the Supreme Court’s interpretation of the 2nd Amendment reflects a commitment to individual liberty
Language of the Second Amendment
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed”
A lot of people in favor of gun control have argued that the people’s right to keep and bear arms is clearly in the context of being a member of a “well regulated Militia”
State Constitutions before the ratification of the Constitution mentioned the right to bear arms clearly in the context of a Militia
However, now that we have such a large military and police system and no need of state militias, does the second amendment’s right to bear arms still apply?
The Court ruling on the 2nd Amendment:
District of Columbia v. Heller
In Washington DC, it was virtually impossible to own a gun, so Heller sued for his 2nd amendment rights
The court sided with Heller
Even though the Second Amendment mentions the right to bear arms in the context of militias, that doesn’t diminish the operative phrase of the amendment, which is the right to keep and bear arms
McDonald v. Chicago
Applied the Heller decision and its commitment to individual liberty for gun ownership to the states
This shows the that Supreme Court has consistently upheld and individual right to own a gun
3.6 - Individual Freedom vs Public Safety: 2nd, 4th, 8th Amendments
Q: Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety
Reminder
No of our rights are absolute, so when the Supreme Court takes up the task of interpreting the amendments they are always trying to figure out whether an individual’s freedom should be upheld or whether public safety and order is more important
8th Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
In recent years, the 8th amendment has been under debate in regards to the death penalty being cruel and unusual punishment or not
The 5th amendment stipulates that “No person shall be…deprived of life…without due process of law.”
On the surface, the death penalty wouldn’t necessarily be unconstitutional because someone COULD be deprived of their life as long as due process of the law was followed
For example, in Furman v Georgia the Supreme Court ruled that the death penalty was unconstitutional (Individual Freedom)
It was deemed so because you are more likely to be put to death for murdering a white person than a black person
The unequal application of the death penalty is why it was deemed “cruel and unusual”
Four years later, the court decided differently in Gregg v. Georgia (Social Order)
Georgia and other states rewrote their death penalty laws to address the previous stipulation with the death penalty
The court found that the death penalty in and of itself was not a violation of 8th amendment, because extreme crimes were required to be put to death
As a result, the court reasoned that the death penalty would serve as a preventive for citizens committing those extreme crimes
Some people argue that there is no humane way to execute someone
In some cases people were set on fire from the electric chair or lay in agony from lethal injection
In conclusion, you can see the debate between these two cases in individual freedom and social order
2nd Amendment
At various times and various places, laws have been put into place which open up people’s right to own guns, or seek to constrict those rights
This debate over laws gets especially loud during a mass shooting, where tensions rise between interest groups trying to restrict gun rights and other interest groups trying to advance gun rights
4th Amendment
Protects citizens against unreasonable searches and seizures of property
Warrants must be secured before entering a person’s home
Only issues by courts when probable cause is well established
After the terrorist attacks on September 11th, 2001, George W. Bush initiated by executive order a program that allowed the federal government to work with 3rd party cell phone carriers to search for leads on suspected terrorists
They did this by mining metadata, which is everything about how a person communicates minus the actual conversation
This was deemed necessary to uphold public safety because the country just suffered a massive terrorist attack
People still fought back because they thought it was a gross governmental overreach
3.7 - Selective Incorporation
Q: Explains the implications of the doctrine of selective incorporation
What is Selective Incorporation?
The process by which the Bill of Rights is applied to the states
The bill of rights beings the first 10 amendments, which lay out our civil liberties which we are entitled to as citizens
If a court case comes up which applies one of the first 10 amendments to the states, that process is known as selective incorporation
The 14th Amendment
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…”
The Supreme Court and Selective Incorporation:
Reynolds v. United States
A man named Reynolds in Utah had many wives, and though the state had outlawed polygamy Reynolds argued that his religion required him to have many wives
Furthermore, the Utah government needed to stay out of it because of Reynolds’ right to the free exercise of religion (1st amendment)
The Supreme Court did not agree with Reynolds, because while the state government could not legislate against the belief of polygamy, they COULD legislate against the PRACTICE of it
This is an example of the Supreme Court upholding a state law and the process of selective incorporation
McDonald v. Chicago
Chicago had a law requiring all guns to be registered, but the city had rejected all registration of those guns since the early 80s
It was argued that if the Court ruled that the Second Amendment allowed citizens of Washington D.C. (DC v. Heller - 3.5) to own handguns, that should also be the case for the states
The court agreed, but narrowly in a 5-4 decision
As a result, the 2nd amendment was incorporated into the states
What is the “Selective” part talking about?
The first ten amendments were not wholly applied to the states
So far, the 1st, 2nd, 5th, 6th, and 8th amendment have been selectively incorporated to the states through various SCOTUS decisions so far
3.8 - Due Process and the Rights of the Accused
Q: Explain how much states are limited by the due process clause from infringing upon individual rights
“Due Process of Law”
This comes from the 5th amendment, where “No person shall…be deprived of life, liberty, or property, without due process of law.”
This means a judge can’t just throw you in jail
Every citizen of the United States entitled to the due process of law whenever that governments seeks to infringe upon the life, liberty, or property of someone
5th Amendment vs 14th Amendment
The 5th amendment speaks about due process in regards to the FEDERAL government, while the 14th amendment applies due process to the STATES
4th Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”
In Weeks v. United States, the Supreme Court established the exclusionary rule
This means that any evidence that’s gathered in violation of the 4th amendment (without a proper warrant for the search) will be excluded from a person’s trial
Mapp v. Ohio incorporated the 4th amendment’s exclusionary rule to the states
In this case, police officers got a warrant to search Mapp’s house for gambling paraphernalia
They did not find anything gambling related, but instead found obscene magazines which were illegal then
The Supreme Court ruled that since the warrant didn’t have the obscene materials in it, they could not stand as evidence against her
The Patriot Act allowed the government to search through citizen’s metadata (see 3.6)
In Riley v. California, the Supreme Court found that searching through cell phones had to have a warrant
In this case, police searched through someone’s phone after pulling them over for an expired license tag
They saw guns in the car so let themselves search the phone
5th Amendment
Miranda v. Arizona incorporated the 5th amendment into the states
This case established the Miranda Rule, “You have the right to remain silent, etc. etc…”
This now applied the 5th amendment protection against being a witness in your own incrimination to a person being held in STATE custody, not just federal custody
However, subsequent cases established the Public Safety Exception
If an officer was acting in the name of public safety before reading the Miranda rights, that will not necessarily exclude evidence from court SO LONG as the action was taken in defense of public safety
6th Amendment
“In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense.”
In other words, you have a right to a lawyer
Gideon v. Wainwright incorporated this amendment to the states
The defendant, Gideon, was arrested and tried in a Florida court
The state did not provide Gideon with a lawyer, and he was convicted
The Supreme Court ruled in favor of Gideon, and incorporated the 6th amendment’s right to a lawyer to the states
3.9 - Due Process and the Right to Privacy
Q: Explain how much states are limited by the due process clause from infringing upon individual rights
Reminder
The Process of Selective Incorporation is done with the 14th amendment’s Equal Protection Clause
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… nor deny to any person within its jurisdiction the equal protection of the laws.”
This amendment mandates that civil liberties are protected from state intrusion
The Right to Privacy
Nowhere in the constitution does it say that Americans have the right to privacy
The Court established the right to privacy as an implicit right based on:
1st Amendment
4th Amendment
5th Amendment
9th Amendment
14th Amendment
There are rights explicitly stated (enumerated rights) because the light is cast on them for all to see
However, these rights casts SHADOWS that demonstrate the zones of privacy that correspond to the enumerated rights
For example, the 1st amendment protect a person’s right to the freedom of speech, but it also means that the state has no business to tell someone what they can or can’t read/watch in their own home
3.10 - Social Movements and Equal Protection
Q: Explain how constitutional provisions have supported and motivated social movements
Civil Liberties v. Civil Rights
Civil Liberties are rights guaranteed to every American citizen by the Constitution
Civil Rights Movements ensure that every American, regardless of sex, religion, or race has equal access to those civil liberties
Civil rights activists have attempted to apply those rights to everyone through the due process and equal protection clauses of the 14th Amendment
Automatically connect Civil Rights with the 14th Amendment!!
Civil Rights Movement
After the end of reconstruction in 1877, Southern States very much referred back to the old racial hierarchy and oppression that characterized the south beforehand
Southern States found ways to oppress black people with rules such as black codes and jim crow laws
In the 1950s, a formal movement began to emerge, one of the key leaders of course being MLK
There were also more militant groups such as Malcolm X and the Black Panthers
Letter From a Birmingham Jail
MLK was arrested after protesting
After this protest, white clergymen wrote a letter saying black people shouldn’t be marching around like that
Instead, they should wait for sympathetic white people to take up their cause of civil rights for them
King’s letter was a response: “Only those who have not been under the degrading lash of racism can rightly say ‘wait.’ The time for action is now and while racist laws must be fought in court they must also be protested on the streets. Only in that way can they force the white majority to confront their racism and enter into a dialogue about long-term change.”
3.11-3.12 - Balancing Majority and Minority Rights
Q: Explain how the government has responded to social movements
Q: Explain how the Supreme Court has at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights
Civil Rights Movement in the Court
Wanted to abolish segregation in society
Racial segregation had been made the law with Plessy v. Ferguson
This ruled that racial segregation was constitutional as long as the various facilities for black people and white people were equal
This is an example of the Court restricting the civil rights of minority groups
Brown v. Board of Education addressed the inequity in the school system
This overturned “separate but equal” doctrine and ordered that schools be integrated
The court ruled that racial separation is inherently unequal, no matter the state of the various facilities and staff
Based on the 14th Amendment’s Equal Protection Clause
This is an example of the court upholding equal rights
Civil Rights Movements in Congress
Congress passed the Civil Rights Act of 1964 which made it illegal to discriminate against anyone on the basis of race
The Voting Rights Act of 1965 made it illegal to discriminate against voters
Both of these laws upheld the equal status of black americans
The 24th Amendment officially outlawed poll taxes
Title IX(9) guaranteed that discrimination in federally funded programs could not happen on the basis of sex as well as race
3.13 - Affirmative Action
Q: Explain how the Supreme Court has at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights
Affirmative Action
Describes policies enacted that favor groups that have been historically discriminated against
Question: Is is constitutional to have minority quotas in various institutions?
This was ruled against in Regents v. Bakke, where race couldn’t be the only factor in college admissions
Question: Is the constitution colorblind?
Justices disagree about this one..
De Jure Segregation: racial discrimination by law
Ruled against this in Brown v. Board of Education, dismantling the legal structure that supported racial segregation
De Facto Segregation: racial segregation by personal choice
For example, white flight out of the suburbs in the north where black families were moving in during the Great Migration
Unit 4
4.1 - American Attitudes About Government & Politics
Q: Explain the relationship between core beliefs of U.S. citizens and attitudes about the role of government
Core Beliefs of (typically) All Americans
Individualism: Places emphasis on self-reliance and independence
Americans in general are less community-oriented when compared to eastern cultures which put community above the individual
Equality of Opportunity: Every American, regardless of race, ethnicity, sex, religion, etc. deserves equal footing to go after life, liberty, and the pursuit of happiness
We believe that there shouldn’t be special classes or hierarchies amongst us
Free Enterprise: Laissez-faire economics, or as little government intervention in economy as possible
Rule of Law: Every citizen is equal under the law, and no one has special privileges
Limited Government: A government whose limits are well-defined and is restrained through the separations of powers and a system of checks and balances
Competing Interpretations of Core Beliefs
Conservatives are those who cherish established institutions and seek to preserve them for the good of society
They tend to emphasize smaller government to provide fewer services to the public
Liberals push for new reforms in order to make society more just and equitable
For example, liberal ideology is seen with the Women’s Rights movement, who advocated for equal pay to men
Individualism
Conservatives value self-centered individualism
This means that they emphasize the interests of the individual above the interests of society
Liberals value enlightened individualism
This means the they emphasize the interests of society above the interests of the individual
For example, Lyndon B. Johnson created the war on poverty which conservatives hated because it took taxpayer money and distributed it to the impoverished
Liberals liked it because they believed the government should take care of its poor even if it’s at the expense of those who have more
Equality of Opportunity
Conservatives believe in the power of meritocracy
This means everyone rises of America based on their own toil and sweat
Liberals agree with the idea of a meritocracy with condition
They believe that not all groups start that climb in the same place
Free Enterprise
Conservatives want the government to stay out of the affairs of businesses and allow the free market to determine what’s best
Liberals want the government to intervene with appropriate regulations to ensure safety and quality in the workplace
Rule of Law
Conservatives see the laws themselves as embodying equality
Emphasize the letter of the law
Liberals agree the laws embody equality with condition
Emphasize the unequal application of laws in regards to minority groups
Limited Government
Conservatives want to define strong boundaries of federalism
Less government interference in people’s lives
Liberals embrace the need for government intervention in society
This is for the sake of the greater good
4.2 - Political Socialization
Q: Explain how cultural factors influence political attitudes and socialization
Political Socialization
This is the process in how we get our political opinions:
Family: Children will often hold the same/similar political beliefs as their parents (it’s the biggest)
Schools
Peers
Media
Civic/Religious Organizations
Globalization
4.3 - Changes in Ideology
Q: Explain how cultural factors influence political attitudes and socialization
Generational effects
Generational effects: A person’s voting behavior and political ideology is very much influenced by the generation into which they were born
Silent Generation (Born before 1945): Grew up during the Great Depression and WW2, and were young adults during the age of conformity in the 1950s
They have a high value on religious beliefs and church attendance
These people are generally conservative, so they weren’t particularly fond of counterculture movements
Supported foreign intervention by the US to stop the spread of communism, notably in Vietnam
They tend to support candidates who are tough on crime and terrorists, which is generally a conservative position
Baby Boomers (Born after WW2)
This is a huge generation, and as they grew up in the chaotic ‘60s, they appreciated the change more than their parents
They are slightly more liberal, but still mostly conservative
Generation X (Mid 60s to 1980s)
Were the first to really use the internet
They are slightly more liberal than their boomer parents partly because they are more ethnically diverse than either of the two previous generations
Millennials (1981-1996)
More liberal than any other group
About 40% of this group is not white
Each group gets more and more liberal
Life-cycle effects
Whatever stage a person in life is (young, middle-age, old), it affects their political beliefs and behaviors
In conclusion, political socialization happens as a result of your generational membership and it can change over time depending on what stage in life you are
4.4 - The Influence of Political Events on Ideology
Q: Explain how cultural factors influence political attitudes and socialization
“Political Events”
Any event deemed significant during the life of our nation
These events shape our political beliefs
Silent Generation: Watching the government step in with many programs during the Great Depression and defending themselves during WW2
This led them to overall trust the government to intervene for their safety and well-being, which in turn affected how they voted
Baby Boomers: Saw how the government handled the Vietnam War, so trust in government went down as the Pentagon Papers showed how the government had been lying about the progress of the war. They also witnessed Nixon resigning.
This led them to shift to the Republican Party with Regan
Millennials: 9/11 Terrorist Attacks demonstrated to them that this was the result of over-intervention by the US for decades in the middle east
As a result, Millennials have a keen sense for foreign policy
These events simply affect how we are politically socialized to the country that surrounds us
4.5 - Measuring Public Opinions
Q: Describe the elements of a scientific poll
Scientific Poll
A scientific poll is the best tool for measuring public opinion
Scientific Polls consist of…
Writing questions that are as free from bias as possible
Presenting questions to a small, randomized group of people
Generalizing results to the larger population
Types of Polls
Opinion Poll: Helps get a feel for the public’s opinion of a certain topic of discerning people’s feeling on certain candidates or policies
Benchmark Poll: Taken at the beginning of a candidate’s run and gives the campaign a benchmark against which they can compare future polls to see how the candidate is faring
Tracking Poll: Conducted over time, usually with the same group of people, gives information on how the groups feels about a given issue
Entrance/Exit Poll: Conducted at voting sites that ask people how they voted
Sampling Techniques
Pollsters always measure public opinion by means of a sample
This sample needs to be representative, meaning that it has to have the same characteristics as the larger population it’s measuring
There’s a chance for a sampling error, meaning that the sample will not exactly represent the general population
In general, a plus or minus 3 sampling error is considered a good and representative poll
Mass Survey: A questionnaire that can be given to as many people as possible
Can only measure quantitative data
Focus Group: Pollsters measure the opinion of a small group of people
Better for collecting qualitative data (how people feel and think)
4.6 - Evaluating Public Opinion Data
Q: Explain the quality and credibility of claims based on public opinion data
Public Opinion affects elections and the outcomes of policy debates
Based on public opinion, legislators know how much support that they have for certain pieces of legislation and can appeal to actual desires
Bandwagon effect: People are more likely to get behind a candidate who is polling well because people don’t want to back a loser
Poll Reliability:
The relationship between public opinion polls and elections and policy debates can be affected by how people view the reliability of those opinion polls
However, polling blunders can still happen
In 2016, Clinton was a shoe-in for president according to pollsters but Trump won
Social Desirability Bias: People fill out surveys and give a socially desirable answer, even if they don’t follow through with it
Non-Response Bias: Certain groups are more likely to respond to public opinion polls than others
Some people don’t understand the difference between scientific and nonscientific polls and it can affect how they trust polling numbers
4.7 - Ideologies of Political Parties
Q: Explain how ideologies of the two major parties shape policy debates
Political Ideology
An interlocking set of ideas that form the basis for political decision making
Conservative ideology emphasizes traditional social structures and existing structures of authority
Wants limited government in public affairs
Strong stances on crime and punishment
Champions states’ rights above federal power
Liberal ideology emphasizes civil rights for the marginalized and supports the efforts of social justice movements to ensure everyone has equal access to civil liberties
Wants government involvement in public affairs, such as caring for the poor and shaping regulations for businesses
Also care for intervention in the economy
Party Platform: A set of goals published by a political party which tells you the type of legislation they would pursue should their candidate win an election
Republican Party
GOP (Grand Old Party)
Most closely aligns with conservative ideology
“If it ain’t broke don’t fix it”
Democratic Party
Most closely aligns with liberal ideology
“it is broke, so let’s protest and fix it”
4.8 - Ideology and Policy Making
Q: Explain how U.S. political culture (e.g., values, attitudes, and beliefs) influences the formation, goals, and implementation of public policy over time
How do parties get laws passed?
Laws that are passed only reflect the beliefs of people who actually vote
For example, English as an officially language
Conservatives try to support such a policy in Congress but every year it dies
They believe it will unite Americans of all backgrounds, and it will save billions in federal and state spending
Hospitals have to provide translators, schools must hire bilingual staff, and some states spend millions printing ballots in several languages
Liberals reject the idea of English as the official language
See it as a tool of oppression, and in some cases, racist
Requiring immigrants to learn English at the expense of their native language is tantamount to an erasure of their cultural heritage
Ideology and Law
Personal Responsibility and Work Opportunity Act
Addressed welfare policies, as it limited welfare payments to 5 years and the result was the number of those on welfare dropped
This was a win to conservatives, because it reasserted the American Work Ethic
DREAM Act
Deals with minors who immigrated illegally with their parents; the children had no choice in the manner
This act created a situation where these children would not be deported but would be given a chance at citizenship
This was more favored by liberal democrats
It never passed
4.9 - Ideology and Economic Policy
Q: Describe different political ideologies on the role of government in regulating the marketplace
Economic Policy
Fiscal Policy: Decisions the government makes about government spending and taxation
Monetary Policy: Decisions the government makes about how much money should be in the economy
Under the control of the Federal Reserve, who buys/sells government bonds and sets reserve requirements
Liberals on Economic Policy
Tend to favor the most intervention in the economy
Government spending is what keeps the economy strong
They are big spenders on fiscal policy, which come from the idea of Keynesian Economics
This is an economic theory which wants programs put in place now instead of waiting for any economic downturn to simply fix itself in the long run
FDR utilized this theory by increasing the amount of federal spending which went into programs to help people
Liberals tend to believe that monetary policy is too slow to effect real change
Conservatives on Economic Policy
Want less government intervention in the economy
They want less government programs and lower taxes
This is backed by the idea of Supply-Side Economics
If more goods are put into the economy, it will reduce any economic turmoil as businesses produce goods
Conservatives think that monetary policy is the best way to stabilize the economy
Libertarian Ideology
Want the least amount of government intervention possible
They believe, economically speaking, that the government is only good for protecting property rights and that nothing hinders voluntary trade
No regulation on businesses and minimal government programs
4.10 - Ideology and Social Policy
Q: Explain how political ideologies vary on the role of government in addressing social issues
Q: Explain how different ideologies impact policy on social issues
Libertarian Ideology
Don’t want government influence on social issues
Conservative on economic issues, but liberal with social issues
Liberal Ideology
Some social issues should be dictated by the government, such as marriage being between whoever you want
Conservative Ideology
Some social issues should also be dictated by the government, such as marriage being between one man and one woman
Unit 5
5.1 - Voting Rights and Models of Voting Behavior
Q: Describe the voting rights protections in the Constitution and in legislation
Q: Describe different models of voting behavior
Who has this right to vote?
This is known as the franchise
Article I, Section IV: “The times, places, and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations.”
In other words, Congress doesn’t say who has the right to vote, as it was left up to the states
At the time (1789) the states had decided that white men who owned land could vote
In the beginning, only wealthy, landed white men had the franchise
At the time, states believed that men with property were the only ones who had a true stake in the betterment of society; they would vote for the best interests in society
Of course, this changed at time went on
After the civil war, a set of amendments recognized the right to vote for more people:
15th Amendment: Recognized the right of black men to vote
17th Amendment: Granted the people the right to vote senators into office
23rd Amendment: Granted DC the right to vote
19th Amendment: Recognized women’s right to vote
24th Amendment: Abolished poll taxes which were used to suppress the minority vote
26th Amendment: Lowered the voting age from 21 to 18
Barriers to vote
Some states still erect barriers to vote
Of course, these laws are constantly being challenged in courts
Some states have laws that ban convicted felons from voting
Voting Models
The way people vote
Rational Choice Voting
Person votes based on their individual self-interest; carefully studies the issues and platforms
Retrospective Voting
Person votes based on the recent track record of the politicians in question
Prospective Voting
Person votes based on the predictions of how a party of candidate will perform in the future
Party-Line Voting
Person votes for all the candidates of the voter’s party
5.2 - Voter Turnout
Q: Explain the roles that individual choice and state laws play in voter turnout in elections
Franchise
Or the right to vote, has been expanded to more and more people so almost all Americans have access to the voting booth
Voter Turnout
Structural Barriers
A policy or law than can prevent people from voting
For example, voter I.D laws, where some states mandate government identification in order to get access to the voting booth
Republicans argue the ID laws decreased the possibility of voter fraud; a large amount of people without an ID will vote Democrat
Democrats point to a growing body of research that indicates voter fraud is not a serious threat and almost never happens; laws only serve to keep minorities out of the voting booth
Political Efficacy
A citizens belief about whether their vote matters
If you are a Republican in a majority Democrat state, you may feel that your vote doesn’t matter
A politician’s performance may affect efficacy
If a scandalous president comes into office and acts up, you may not want to vote
Demographics
Senior Citizens consistently vote in the highest number
With age, they have a better understanding of the issues at hand since they know the political system more
They have more of a stake with their financial investments or their health
18-21 year olds are the least likely to
Maybe they don’t feel like they have a sense of what the issues are
They don’t know how to register?
Type of Election
National Elections have more participation than state elections or midterm elections
However, with state or midterm elections, there are still more people voting than previous years due to the franchise being opened up
For those who do vote, what factors affect their choices?
Party Identification / Ideological Orientation
A registered Republican will probably vote Republican
Candidate Characteristics
Some people just consider the candidate, like if the person seems likeable, trustworthy, and honest?
Political Issues
For example, employer mask mandates were enacted by Democrats, and it might have led people to vote against democrats in the next election if they didn’t like those mandates
Religious Beliefs / Gender / Race
This is why Trump aligned himself with white evangelical Christians
This group is a powerful voting block, which means they often vote in the same way
5.3 - Political Parties
Q: Describe linkage institutions
Q: Explain the function and impact of political parties on the electorate and government
Linkage Institutions
Societal structure that connects people to their government or the political process
We need mechanisms between us and our elected officials
They act as intermediaries between average people like you and me with the policymakers in the federal, state, and local governments
Types of Linkage Institutions
Political Parties
Interest Groups
Elections
Media
Political Party
An organization defined by a certain ideological belief that puts forward candidates for election
What do Political Parties do?
Mobilization and education of voters
Can drive people to the polls who cannot otherwise drive themselves
They do this by calling, emailing, showing up to your doorstep
A Canvassing Campaign is where a huge army of volunteers calls people or shows up at people’s doorstep with the goal of persuading people to vote for their candidate
Write and publish the party platform
A formal set of policy/agenda goals written and endorsed by the party
The party platform lists the kind of policies the party will enact if their candidates is elected
Find quality candidates
Someone who will actually win
Provide campaign management support for their candidates
Fundraisers, Implementing targeted voting strategies
As a result, political parties play a huge role in linking people to the political process
5.4 - How and Why Political Parties Change
Q: Explain why and how political parties change and adapt
How Parties Change
It changes in the way parties interact with candidates
PAST: The party mattered and the candidate was secondary
PRESENT: The candidate matters and the party is secondary
New Media technology plays a big role in this, because it allows candidates to speak directly to their supporters and gather a following around them
As a result, it weakens the party’s role in nominating candidates
Candidates can shed light on underrepensted issues, which political scientists argue that even if the candidate doesn’t win the nomination, their followers are still likely to engage in the political process of voting and supporting the winner candidate
Parties have changed their platforms over time in order to appeal to a larger swath of the electorate
This is especially true with coalitions of voters, which is a demographic group (Millennials, Retired people, Evangelical Christians, etc.)
If they vote as a block, they can significantly alter the outcome of the election
The topics that candidates choose to talk about say a lot about the coalitions that they are trying to appeal to
Parties have altered the entire party structure
Party Realignment - The Party realigns itself based off a election/series of elections where the party is badly defeated
Campaign Finance Laws
Since the 1970s, laws and Supreme Court decisions have changed how much money can lawfully be given to candidates and parties
Communication and Data-Management Technology
As technology has advanced, so has the party’s ability to mine data on certain groups and win elections. They utilize demographics and psychographics to target certain people with emails, text messages, etc.
Demographics: Classify people according to external traits: race, gender, age, and region
Psychographics: Classify people according to their inner life: personality, attitudes, aspirations, desires
5.5 - Third Party Politics
Q: Explain how structural barriers impact third-party and independent candidate success
We have a 2 party system in America
It’s almost impossible for a third-party candidate to win
Why can’t Third Parties win?
Winner-take-all voting districts
For example, all 16 of Georgia electoral college votes go towards a Democrat even if they only won by one vote
A third party candidate will fail because of the most Americans find themselves in agreement with Republicans or Democrats, and are more likely to vote with the major party
They don’t feel like a third party candidate will even win, so they don’t want to waste their vote
Incorporation of third party agendas into the two major parties’ platforms
A third-party is often called the “conscious of the nation” because they usually form around a narrower set of interests
Third-parties take on more extreme agendas and therefore have fewer supporters than the major parties
They can get the nation’s attention if they are well-funded, and if it turns out a lot of people like the third-party’s platform that issue can rise to prominence
The major party may adopt it into their own platform so they don’t lose voters
5.6 - Interest Groups Influencing Policy Making
Q: Explain the benefits and potential problems of interest-group influence on elections and policy making
Q: Explain how variation in types and resources of interest groups affects their ability to influence elections and policy making
Interest Group
A group of people who gather around a policy issues in order to persuade policy makers to pass legislation favorable to the group
They educate voters and office holders on the interest groups chosen issue
Members of Interest Groups can become experts on a subject whereas representative may not have the resources or energy to do so
They also engage in lobbying
They hold meetings with policy makers to try and influence them to pass legislation in their favor
They also Draft legislation
Mobilize its members to apply pressure on and work with legislators and government agencies
How do they do their work?
The Iron Triangle
The strong, mutually beneficial relationship between interest groups, congressional committees, and government agencies
Members of congressional committees are especially helped by interest groups
They provide the with policy information
They also provide campaign donations if the representative is sympathetic to the group’s goals
Interests groups can also be apart of Issue Networks, which is many different interest groups and even entities outside of interest groups come together to achieve a short-term policy goal
Factors that hinder or help an interest group
The amount of activity in an interest group comes as a result of political and economic resources
The more political/economic resources you have, the more activity you can do and vice versa
Policy makers are much more incentivized to take meetings with the well-funded interest groups
Unequal access to decision makers
It’s harder to get access to policymakers when you don’t have a lot of resources
Freerider problem
When a larger group benefits from the efforts of interest group than are members of the group
5.7 - Groups Influencing Policy Outcomes
Q: Explain how various political actors influence policy outcomes
Groups that work policy changes
Social Movements
For example, the prohibition movement that passed the prohibition amendment
There’s also the Civil Rights Movement
They used civil disobedience to get the attention of people to pass laws
Protest Movements
Both of these movements often overlap
What is the importance of social and protest movements?
They get the nation’s attention on certain realities that need to be changed:
Interest groups step and draft potential legislation to present to lawmakers
When it comes to actually making laws, political parties and bureaucratic agencies get involved
When it comes time to implement and execute the law, bureaucratic agencies figure out the rules and regulations to accomplish that
When the law is in place, it will be implemented well or not
If not, social and protest movements work again
5.8 - Electing the President
Q: Explain how the different processes work in a U.S. presidential election
Q: Explain how the Electoral College facilitates and/or impedes democracy
Electing the President
To run for president, you first need to earn your party’s nomination, which happens through primary elections
These are elections in which members of a party vote on which candidate they want to represent them in the general election
They happen state-by-state, and different states handle primaries differently
Some states hold open primaries
Any registered voter can vote in either party’s primary, but not both
Some states hold closed primaries
Only people registered with the party can vote in those primaries
Some states have caucuses in order to nominate their party’s candidate
A caucus is a public area where members discuss and debate and then vote publicly
If a candidate wins the primary, they are presented as such at the party’s National Convention
It’s a really big party (celebration) where the winning candidate announces their VP pick, and it marks the start of the general election
Incumbent
The sitting (current) president
Almost always has the advantage over the challenger, which is known as the incumbency advantage
Already won an election, so they know how it’s done
The incumbent is a known quantity
People already know how they’ll act as president
The incumbent already has an army of volunteers and fundraisers ready to help with another campaign
However, this does not guarantee victory (see 2020 election)
Electoral College
We aren’t actually electing the president, but we are electing ELECTORS who will vote for the president on our behalf
This is known as the electoral college
The framers weren’t exactly fans of participatory democracy, especially when it came to electing someone like the president
The numbers of electors per state is the amount of House representative plus the two Senators
Whoever wins the popular vote in the state gets all the electoral college votes
This is known as the winner-take-all system
You need 270 electoral votes to win
Candidates focus a lot of attention on swing states
5.9 - Congressional Elections
Q: Explain how the different processes work in U.S. congressional elections
Congressional Elections
Occur every two years
Members of the House of Representatives have two year terms
Senators have six year terms
1/3 of them are up for reelection every two years
Midterm elections happen in the middle of a presidential term
Incumbency Advantage
In an election, the incumbent is the one who is already in office and is running for reelection
The incumbency advantage in Congress is even more pronounced than presidential elections
90% of incumbents win their elections
They have Name Recognition
They have a Track Record
Established Funding
Safe Districts - House Representative have gerrymandered their districts in order to ensure reelection
5.10 - Modern Political Campaigns
Q: Explain how campaign organizations and strategies affect the elections process
Political Fundraising
There is a GIANT increase in how much money candidates spend on an election
Why are campaigns so expensive?
Lengths of the election cycle has increased
Complexity of Campaigns
Modern campaigns required professional consultants to run them, such as hiring a campaign manage, a public relations expert, dedicated fundraisers, social media consultants
They rely a lot on social media now
Advertising is a big chunk of expenses
5.11 - Campaign Finance
Q: Explain how the organization, finance, and strategies of national political campaigns affect the election process
The role of money in campaigns
Federal Elections Campaign Act (FECA)
This Created a new federal commission called the Federal Election Commission (FEC)
The FEC was created to oversee and regulate the money being spent in political campaigns
Established limits for how much money a person could give to a political candidate, and how much money candidates could spend on their campaign
Hard money: Contributions given directly to a candidate
Soft money: Money donated to a party or interest group who can buy advertising on the candidate’s behalf
Bipartisan Campaign Reform Act: This law increased the amount of hard money that could be donated, and made regulations to make it more transparent of how much soft money was being donated
Citizens United v. FEC
Buckley v. Valeo
Court ruled limits on individual and corporate contributions to campaigns were constitutional
Court ruled that limits on how much a campaign can spend were unconstitutional
Citizens United v. FEC challenged the limitations placed on individuals and corporations
Court ruled that limits on contributions from individuals and corporations was a violation of free speech (1st Amendment)
Corporate funding of ads and broadcasts cannot be limited
Political spending by corporations, associations, and labor unions is a form of protected speech under the first amendment
Political Action Committee
Organizations that raise money for the sake of influencing the population to vote for their preferred candidate
Connected PAC:
Formed by corporations or other entities like labor unions, and the only collect funds from the members of their organization
Money can be donated directly to candidates in limited quantities, but it can raise unlimited amounts of money provided the individual limits are obeyed
Non-connected PAC
Formed independently of an organization, usually around a specific public interest, and donations to non=connected PACS are limited by law
It can accept donations from the public and donate directly to candidates
Super PAC
Can be formed by anyone, and can accept unlimited donations but it cannot directly coordinate with a candidate
Campaign finance has been largely contested over the past 50 years
5.12 - The Media
Q: Explain the media’s role as a linkage institution
What’s a linkage institution again?
A societal structure that connects people to their government of the political process
Includes Political parties, interest groups, elections, and the media
The role of Media
The media acts as a watchdog agency, which means that it holds the government accountable and responsible to the people
This is why the framers of the constitution granted freedom of the press
It went from newspapers > telegraph > radio > television > internet > social media
FDR exploited the radio with his Fireside Chats, in which he would explain his administrators policies in bite-sized chunks so the average american could understand them
Social Media has changed the way Americans consume news more than anything else that came before it
The public is a part of the news process now
Participation comes more through sharing than contributing news themselves
The individual ends up deciding what news they want to consume and what news they want to avoid
News Reporting:
News Events
Anything newsworthy, like the Hindenburg exploded or Mt. St. Helen erupted
Investigative Journalism
Long-form news which seeks to expose corruption in the government and society
For example muckrakers during the progressive era (1920s) who exposed corruption
Election Coverage / Political Commentary
We need to know who is running for office, and we need help interpreting their policies
This can lead to horse-race journalism, where news outlets can get really thirsty for polling numbers and publish them to the point of nausea
In other words, it’s news coverage of a candidate which just focuses on polling data and public perception of a candidate instead of their policy
5.13 - The Media
Q: Explain how increasingly diverse choices of media and communication outlets influence political institutions and behavior
The “Daily Me”
This means that our news is hyper-filtered to give us what we want to hear and never what we don’t want to hear
Media outlets have shifted the way they deliver their content
It’s increasingly narrow and increasingly partisan
Media Bias
It’s not new, and it’s unavoidable
However, with machine learning and algorithms, bias is becoming much more harder to detect
Also, consider the fact that almost all media platforms are for-profit companies, who are after money above all
How do we detect media bias?
Determine the ideological preference of the reporters themselves
Many studies show reporters usually lean Democratic
Examine the character of the reporting itself
Studies have found that liberal reporters display democratic politicians as bipartisan and always willing to compromise, while republican are betrayed as stubborn and unbending
On the other hand, conservative reporters tend to defend republican politicians as defenders of American values while democrats are portrayed as those who are unraveling and trampling American values
News and Social Media
A lot of people believe social media increases participation and activist causes
Remember that media is a linkage institution, so it gives access to participate in your government
However, you must consider that social media does not physically connect you with someone
Our networks are vast and shallow over social media, and the only activism such weak ties can inspire are causes that don’t really require many people
As a result, there is an ongoing debate about social media actually creating a positive change for society
Required Documents
The Declaration of Independence
Preamble
Justification for why the American colonists are breaking up with Britain, as Jefferson writes his reasoning for a revolution
This document was published widely throughout the colonies and the western world
This document wanted to rally the troops at home and secure foreign allies
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Clear example of Natural Rights, which was a massive statement because Jefferson is saying their rights are given to them by their CREATOR, not a monarch or a government
The whole reason we have government is so that we can protect our natural rights
“That to secure these rights, Government are instituted among Men, deriving their just powers from consent of the governed.”
Government gets power from the people, which reflects the idea of Popular Sovereignty and the Social Contract
People are born with natural rights because they are a human being, so they consent to create a government to protect those rights
“Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new Government.”
This is what the colonists were trying to do after publishing this document by going to war
Federalist 10 = Factions
The Federalist Papers
During the ratification of the Constitution, some founding fathers publish essays in a New York newspaper in order to convince the public to ratify
They addressed the most common objections to the new form of government and gave a sense of how the nation would work under this new constitution
Question in Federalist 10
James Madison attempts to answer this question: “How will the new Constitution protect the liberty of citizens against the tyranny of the majority?”
The Founding Fathers weren’t fans of pure democracy, because the majority would always win out against the minority; there is no protection for the minority
Factions
Madison begins by talking about the dangers of factions: “Among the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.”
Factions, according the Madison, are such a threat to liberty he uses the word “violence” to describe their actions
Factions, according to Madison, are a group of people who are united in some way by a common interest to put themselves first and cast their interests to their whole society (Kind of like a political party)
Solutions to the “violence of faction”
“Removing its causes”
Stop the factions from forming
Madison thinks this is a terrible option (impossible), because that would destroy liberty since it is “essential to political life.”
Destroying liberty is worse than having factions in the first place
Also, Madison understands that all humans have different opinions, which is why factions are inevitable
“Controlling its effects”
Limit the effects of factions through a Republican style Government as opposed to adopting a pure democracy
A representative democracy “opens a different prospect” and curtails the dangers of factions
As the nation gets larger, so does the amount of parties and interests
As a result, the power of these many factions is diluted by a large population; not one faction can dominate
All of these factions will be in competition, compromise is a necessity
Brutus no. 1 = No centralized Republic
Debate between Federalist 10 and Brutus no. 1
The federalist papers argued for the ratification of the constitution, while the anti-federalist papers argued against this
Questions in Brutus no. 1
Brutus tries to answer “is whether a confederated government be the best for the United States or not?”
A confederated government is the type of government the US had under the Articles of Confederation
Brutus also tried to answer if the US should just be one giant republic with one legislature, one executive, and judicial
Brutus argues that a confederacy is the best form of government and argues against a strong central government that the Constitution wants
Arguments for Brutus no. 1
“Necessary and Proper Clause” in Article I section 8 of the Constitution
This clause stipulates that the government can create laws to help carry out the enumerated powers in the constitution
“Supremacy Clause” in Article 6
Federal laws have greater authority than state laws
Brutus thinks these clauses eliminate any need for state governments, and any power meant for the states would be eliminated
For example, Brutus thinks that taxes can only be collected in small amounts by the government because citizens can become weary of large taxes and overthrow the government
If taxes are just collected by the government the states will just die off
He also makes this example with federal courts overriding state courts, which would eventually render states obsolete
Lastly, Brutus argues that the size of the nation will not suit a style of republic, because representatives will not be able to meet the needs of the large amount of people they represent
Articles of Confederation = Didn’t work
What is that?
The first constitution of the United States
A confederation is a form of government in which several powers unite to form a central power
These articles presented more power to the states at the expense of the federal government; the states are supreme
What it included
One branch: Legislative
There was no president or federal court
Each state got one vote in Congress
They had a centralized government in order to do business with other nations
Each state supplies a militia “ready for use”
Can’t declare war unless nine other states agree
Amendments had to be agreed upon by every state
Of course, these led to problems and a new constitution was created
The U.S. Constitution
Established a Republican Government
The people elect representatives
Structure
Begins with a Preamble followed by seven articles
Article I: The Legislative Branch
The form and powers of Congress
Congress has legislative, or law making powers
This is the longest section because it deals with representing the people
“All legislative Power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”
The Senate has two senators per state, while the House has representative apportioned by population
This is a major difference with the Articles of Confederation, which only had a unicameral legislature made up of the states
Article I, section 8: Lays out the Enumerated Powers of the Congress
Can lay and collect taxes
Borrow money
Coin money
Raise and Support armies
Maintain a Navy
The Necessary and Proper Clause (Elastic Clause): Congress can make all laws to carry out the enumerated powers
Article II: The Executive Branch
Provisions for the Executive Branch
The government elects a president by the electoral college
The President “shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several states…” AND “shall take care that the Laws be faithfully executed”
The President must sign a bill for it to become a law
Article III: The Judicial Branch
The judicial power is handed to a Supreme Court, but Congress can establish lower courts (they did so in 1789)
Jurisdiction: What kind of disputes are within the realm of the court’s power to decide, and they have 2 kinds of jurisdiction
Cases with ambassadors and states, the Supreme Court will have original jurisdiction, which means they can hear it for the first time
In all other cases the Supreme Court will have appellate jurisdiction, which means the court cannot hear a case for the first time, but can only appeals from the lower courts
Article IV: State Relations
The federal government’s relationship to the states and the relationships of the states themselves
Article V: Amendment Process
Process for amending the Constitution
Proposal
Two-thirds of both Houses of Congress can propose
Two-thirds of state legislatures can propose
Ratification
Three-fourths of the states have to agree in order to ratify
This article made it slightly easier to ratify amendments, because the Articles of Confederation required unanimous consent from the states
Article VI: National Supremacy
The Supremacy Clause states that federal law will trump state law
This upset a lot of anti-federalists, because they feared when combined with the Necessary and Proper Clause it would result in a tyrannical government
Article VII: Ratification Process
The Bill of Rights were added to appease Anti-federalists as it layed out rights that could not be infringed upon
Federalist 51 = Checks and Balances
Central Passage
“What is government itself, but the greatest of all reflection on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal control on government would be necessary.”
Human beings need a government and that government is there to protect the liberty of the people
The Balance of Government
“You must first enable the government to control the governed; and in the next place oblige it to control itself.”
What he’s saying is to adopt a system of checks and balances / separation of powers
The systems of government must be made so that they balance each other out and check against too much power
Each branch needs as much equal power independent of each other
It may seem that Congress has the most power, but that’s why it’s split up into a bicameral legislature
There will be a balance of power between the federal and state government, which is known as federalism
Factions
Madison returns to the same conclusion: the more factions, the less able any one of them will be able to dominate the rest
“Ambition must be made to counteract ambition”
We don’t have angels governing us, nor are we angels ourselves
This means that the people in government are looking out for their own best interests
So open up the ability for many different factions and compromise will be the way to solve problems
Federalist 70 = Single Executive
Justifying the need for a single executive, or president
Anti-federalists were concerned with the idea of a single executive having too much power (like a monarch)
Anti-federalists wanted several presidents
Hamilton argues against this for several reasons
Energy
“Energy in the executive is a leading character in the definition of good government.”
On the other hand, “A feeble executive implies a feeble execution of the government.”
This implies that many executive would be slow to do things
An energetic executive means two things:
Unity: One man can be secretive, descivice, and take action when necessary, but when you increase the number of executives these traits diminish
Responsibility: Multiple executives will destroy responsibility, which means that if there was corruption no one would know who to blame as the multiple executives would never take responsibility
If there is only on executive, everyone would know who to blame immediately
In summary, a single executive would be the best in making sure the duties of their role is carried out with energy and decisiveness
Federalist 78 = Judicial Branch
What is this about?
Speaks on the Judicial branch proposed in the constitution by Hamilton
Argues how and for how long justices will be appointed and what kind of power the judicial branch should have
Appointments
Federal Judges are appointed by the President under as stipulated in Article III of the constitution
“Judges hold their offices during good behavior”
As long as Federal Judges behave, they will hold their offices for life
Hamilton argues that lifetime appointments were a necessity to keep this branch of government as independent as possible
Judges don’t have to appease people to get reelected, so they can stay impartial
Scope and Limits
Hamilton says Judges “Must be to declare all acts contrary to the manifest tenor of the Constitution void.”
He is talking about Judicial Review, which means the court is responsible for reviewing laws passed by Congress in making sure that they are in line with constitution
Laws that go against the constitution are declared null and void
This doesn’t make the judicial stronger, because courts are designed to be “an intermediate body between the people and the legislature” so that they are kept within their limits due to their ability to balance and check the other two branches
Letter from a Birmingham Jail = Civil Rights
Equal Protection Clause
This document is supported by the Equal Protection Clause of the 14th Amendment, and this clause supported social movements
Specifically, this document refers to the Civil Rights Movement in part led by MLK
State governments were failing to uphold the rights of black citizens, so MLK led his supporters to fight against this tyranny knowing that they would have to endure suffering and imprisonment
King led a protest in Birmingham and got arrested
In this middle of this, a group of white clergymen who were usually sympathetic to the movement said that Black people shouldn’t be disruptive but instead wait on white people to work through this issue in the courts
King’s Response
Letter From a Birmingham Jail is King’s response to this
He starts by saying why he’s in Birmingham even those he lives in Atlanta: “Injustice anywhere is a threat to justice everywhere.”
A meaningful conversation will never occur unless something raises the stakes, such as constructing public demonstrations
People can’t just sit around and wait because freedom must be demanded by the oppressed
On another note, King mentions that they have been wait 340 years for their proper rights
King believes that the “white moderate” may be the most hindering to freedom than even the KKK
Required Court Cases
McCulloch v. Maryland
The court established the supremacy of the U.S. Constitution and federal laws over state laws
The United States v. Lopez
Congress exceeded its power under the Commerce Clause when it made possession of a gun in a school zone a federal crime
Baker v. Carr
Redistricting doesn’t raise a political question, so the federal courts can hear other cases that challenge redistricting plans that may violate the Equal Protection Clause of the 14th Amendment
Shaw v. Reno
Major-minority districts created under the Voting Rights Act of 1965 may be unconstitutional if race is the only factor used when created the district
Marbury v. Madison
The Court established the principle of judicial review, empowering the Supreme Court to declare something as unconstitutional from the other 2 branches
Engel v. Vitale
School sponsorship of religious activities violates the Establishment Clause of the First Amendment
Wisconsin v. Yoder
Compelling Amish students to attend school past the 8th grades violates the Free Exercise Clause of the First Amendment
Tinker v. Des Moines
Not allowing students to wear black armbands to protest the Vietnam War in school violated the freedom of speech protection in the First Amendment
Schenck v. United States
Speech creating “clear and present danger” was not protected by the First Amendment and could be limited
New York Times v. United States
This case bolstered the freedom of the press protections as it established a “heavy presumption against prior restraint” even in cases involving national security
McDonald v Chicago
The 2nd Amendment right to keep and bear arms for self-defense is applicable to the states
Gideon v. Wainwright
The 6th Amendment’s right to an attorney extends procedural due process protections to felony defendants in state courts
Brown v. Board of Education
Race-based school segregation violated the Equal Protection Clause of the 14th Amendment
Citizens United v. FEC
Political spending by corporations, associations, and labor unions is a form of protected speech under the 1st Amendment