American Gov Midterm

HOBBES vs. LOCKE - Review The Philosophical Underpinnings of the Constitution - Please be familiar with the differences between John Locke and Thomas Hobbes - how does each differ with respect to their view of human nature (selfish or cooperative), the social contract (government structure) and how did each influence the Founding Fathers and the US Constitution.

Be Familiar with the three components of a social contract theory and how Hobbes and Locke differ with respect to: 1) our Human Nature; 2) the pre-contract state (what would society look like without government); and 3) their Social Contract Theory.  Why does Hobbes think we’re inherently selfish?  What does Locke mean when he says we’re born “tabula rasa”?  Why does Hobbes think conflict is inevitable without a strong sovereign?  Why Does Locke believe pre-contract (society) will be more peaceful than not?  What kind of government does each call for?  

I. How did Locke influence the Declaration of Independence

 Be familiar with the structure of the Articles of Confederation - what were the weaknesses of this government and why did it fail?

What was Shay's Rebellion and how did it influence the decision to call a Constitutional government.

Discuss in detail the three major principles of the Constitution - How does each guard against federal tyranny -  a) Federalism - explain this form of gov't and why the Framers structured our gov't under a federalist system); b) separation of powers - what does each branch do? c) checks and balances - provide specifics as to how each branch of government can check the other.

Discuss the three major compromises at the Constitutional Convention: 1) large vs. small state - Formation of Congress - Virginia Plan, New Jersey Plan, and Connecticut Compromise2) The 3/5th compromise 3) Federalist v Anti-Federalist - the need for a Bill of Rights - (ultimately included as amendments)

The Constitution - Be familiar in broad terms the difference between Article 1, Article II, Article III, and Article IV

Federalist Papers - Who wrote them and why?  Hamilton, Jay, and Madison - 85 essays Why is Federalist Paper #10 regarded as America's greatest contribution to Political Theory -…How was our system of government designed to prevent permanent majorities (or winners) and permanent minorities (or losers).   and How does it address the issue of How America can have a system of majority rule while remaining sensitive to minority rights - discuss the concept of tyranny of majority and how majority factions can be mitigated by the system of federalism and representative democracy.  Can we remove the cause of factions?  Why or Why not according to Madison?

Be familiar with Federalist Paper, 47, 48 and  51...why we need separation of powers and checks and balances

Discuss the process by which the Constitution is amended - a) the proposal stage; b) ratification stage    

II. Federalism

Explain how Federal Power has grown over states through the necessary and proper clause (elastic clause); interstate commerce clause; and 14^th Amendment equal protection clause

Discuss in detail the case of McCulloch v. Maryland - discuss the facts of the case, the two legal issues involved, the 10th  amendment, the necessary and proper clause, and the impact of Chief Justice Marshall's decision of the relationship between state and federal power.  What is meant by enumerated and implied powers?  Can states tax the federal gov't?  Explain how the Necessary and Proper Clause (or Elastic) Clause expanded federal powers over the state.

Be familiar with the Dred Scott Decision and how that sparked the Civil War

Explain how the interstate commerce clause expanded federal powers with Civil Rights Act and the Americans With Disabilities Act - also, be familiar with how the interstate commerce clause

The impact of the interstate commerce clause on growth of federal gov't - Gibbons v Ogden (1824) - interstate commerce clause and the civil rights act 1964 (Heart of Atlanta v US (1964)) - the American Disabilities Act (1990).  Be familiar with the limits of the commerce clause based on the U.S. v Lopez decision.

Opioid Crisis - Opioids/Heroin Crisis – How many people died from drugs in 2021?  Compare deaths to guns, auto accidents, Vietnam

–How did Opioid Crisis Start?  Be familiar with the 3 Waves of the Crisis…what is meant by the the term “accidental addicts” - 1) Opioids; 2) Heroin, and 3 )fentanyl  -Impact on crime rates  -

Federalism and Gun Rights/Control Across States – be familiar with the Supreme Court cases DC v Hellar (2008)  - is it an individual right to own agun?  NY v Bruen (2022) – the right to carry a gun – different laws across states, and US v Rahimi (2024) – does fed gov’t have right to prohibit domestic abusers from owning a gun?

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Article IV of the Constitution - what is the full faith and credit clause - what is meant by Article's IV privileges and immunities clause, and

III. Elections, Campaigns Voting

Originally, approximately what percentage of the population was eligible to vote in the U.S.?

Voting Rights – Be familiar with the 15^th Amendment and the 19^th Amendment

 Be Familiar with the Electoral College – How was the original system that selected George Washington different from the modern electoral college that selected Joe Biden – discuss the 12^th Amendment – How are electoral college members selected – what is meant by "winner take all", how many electoral college vote do you need to win the presidency.  Be familiar with the candidates involved in the controversial presidential elections (i.e. electoral college backlash) of 1800, 1824, 1876, 1888, and 2000 (where popular vote winner lost election .  How is it possible to win the popular vote and lose the election?  

Be familiar with Possible Reforms to Electoral College – winner take all system (District (Maine and Nebraska and Proportional System.  

What are faithless electors?  Can states require electors to vote with popular vote?  

Be familiar with the three ways parties have nominated presidential candidates: King Caucus system. 1800-1824 (congress selects); Convention system 1832-1968 (party bosses select); Primary system 1972- today (voters select

Voting Rights Act of 1965

Be Familiar with the Expansion of Voting Rights and the 15^thAmendment

Discuss expansion of voting rights for freed slaves and how they were supported by federal troops during Reconstruction until troops were removed after the election of 1876 in the Compromise of 1877.

Be familiar with disenfranchising measures that led to the Dark Ages of Voting Rights such as poll taxes, literacy test (understanding clauses), white primaries.

Explain history of voting barriers and the impact of the Voting Rights Act of 1965.

What did the Voting Rights Act Do and which provision was struck by the Supreme Court in the Shelby  v Holder case in 2013?

Political Culture

Be familiar with Putnam’s Bowling alone and why it could be a problem that fewer people are joining bowling leagues, going to religious services, joining social groups….

Be familiar with why the US Surgeon General claimed that America is suffering from a Loneliness crisis

First Amendment and Freedom of Religion

What is the Difference Between the Establishment Clause and the Free Exercise Clause?

Be familiar with US v Ballard (1944) “I Am Religion” and Defining the standard for determining what is deserving of constitutional protection (as opposed to sham religion)

Free Exercise Rights:

Valid Secular Policy Standard -  Be familiar with the Valid Secular Policy Standard and how this standard was created in Cantwell v Ct (1940) – this case nationalized free exercise rights into the states.  

Explain how the Valid Secular Policy Standard was used in the following cases:

Minersville v Gobbitis (1940) – School flag saluting case (and why this was overturned in WV v Barnette (1943)

Sherbert v Verner (1963)  - Established Least Restrictive Means  Standard – 7^th day Adventist textile worker in SC

Wisconsin v Yoder (1972) – Mandatory school laws until 16 and the Amish community

Employment Division of Oregon v Smith (1990) – The Peyote Case….Why was the decision in this case different than in Sherbert v Verner?  

Roman Catholic Diocese v Cuomo (2020) – The Covid Case and the State Law restricting gatherings to 10 people

B) Establishment Clause: Church and State  -  Know that this clause initially restricted national gov’t not states.  Massachusetts was affiliated with the Puritan Congregational Church – all states “disestablished by 1833”

Religious Symbols and the Endorsement Test

State Funding of Religious Schools:

Lemon v Kurtzman (1973) – Funding Teachers struck down – Know the Lemon Test

Prayer in School: Engel v Vitale (1962) how was the standard set in this case different from …

Kennedy v Bremerton (2022) – Football Coach Praying at the 50 yard line