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Declaration of Independence
Natural Rights: Fundamental Rights of all humans, not received from a government
Life, liberty, and the right to property → Life, liberty, and the pursuit of happiness
Social Contract: Purpose of the government is to protect the rights of the people
John Locke created these two theories!!
Popular sovereignty: Federal government has limited powers that are granted to it by the Constitution
Anything not directly stated as a power of the federal government is a power given to the STATES by the TENTH AMENDMENT
Types of democracy
Participatory democracy: borad citizen participation and an active role for individuals in politics
Idea rose with Jacksonian democracy as voting expanded to all white man (universal white male suffrage)
Pluralist Democracy: group-based activism to impact policymaking
Elite democracy: Limited citizen participation in politics, small group of elites have most of the power
Constitution:
Limited government
Republican: representative form of government NOT a democracy (fear of power in the hands of the ppl)
Federalists: for Constitution, anti bill of rigths, strong central government
Anti-Federalists: against Constitution, pro bill of rights, states rights
AoC made a weak central government and too much power to the states
Shays’ Rebellion: weak federal response shifted public opinion towards supporting a stronger central government and a new constitution
Constitutional Compromises
Great Compromise: Established a bicameral legislature
Senate = New Jersey/Small State Plan = 2 representatives per state
House of Representatives = Virginia/Big State Plan = representatives based on population
Electoral college chose the president not congress or the people
Safeguard against democracy
3/5 Compromise: enslaved persons would count as 3/5 of a person for congressional apportionment
International slave trade extended by 20 years utnil 1808
Article V: made amendment process (2/3 of both houses of congress propose, 3/4 of states must ratify)
Separation of powers: each branch is assigned specific powers
Checks and balances: each branch can limit/block/influence actions of other branches
Federalism: division of power between different levels of government
Delegated powers: powers given to the federal government
Reserved powers: powers not given to the federal governemnt are reserved to the states
Concurrent powers: held by both federal and state governments
Types of federalism
Dynamic federalism: the changing balance of power between federal and state governments
Dual federalism: states and federal are each supreme in their own sphere, powers don’t overlap
Cooperative federalism: states and federal share responsibilties, costs, and administration of policies; increases federal power
Federal government has increased power by:
Giving money to states
Categorical grants: federal money to states for a specific purpose
Block grants: federal money to the states for use within a broad policy area (preferred by states bc more freedom!!!)
Mandates: rules that states must follow, whether the federal government provides money or not
Changing interpretation of the Constitution:
Necessary and proper clause/elastic clause: Congress cna make laws “necessary and proper” for executing their enumerated powers
Allowed Hamilton to create the Bank of the United States
Supremacy clause: federal law is superior when state and federal policies conflict
Commerce clause: Allows Congress to regulate anything affecting interstate commerce
Enumerated powers: directly written in the Constitution
Implied POwers: powers of Congress not directly written in the constitution
Court Cases!!!
McCulloch v Maryland: Congress has implied powers based on the elastic clause (states cannot tax the federal government due to the supremacy clause)
United States v Lopez: Struck down the gun free school zones act, limiting Congress’s power; reaffirmed the 10th amendment
House of Representatives:
435 members representing 435 districts
Based on population
2 year terms
More formal with more rules and a greater focus on leadership
Rules committees
Discharge petitions
Speed up lawmaking
Senate:
100 members (2 per state)
6 year terms
Less formal with fewer rules
Allows filibusters and holds
Slow down lawmaking
Unanimaous consent agreements
Speed up lawmaking
Standing Committee: they decide if a bill should move to be voted on by the rest of Congress
Permanent
Bills are sent here first
Holding hearings
Edit/revise/markup bills
Conduct Congressional oversight
Conference Committee: make compromise versions of House/Senate versions of a bill
Select Committees: Temporary committees for investigation into specific events (JKR assasination)
Logrolling: vote trading
Pork Barrel legislation: provides money, jobs, tangible benefits to a congressional district
Mandatory sepdning: Spending required by law that can only be changed by new legislation
Entitlement programs: Provide benefits people are entitled to receive by law
Social secuirty, Medicare, Medicaid, etc
Discretionary spending: areas of spending that must be annually approved as part of the federal budget
Reapportionment = changing the number of seats each state has in the house after the census
Redistricting: Redrawing congressional districts
Gerrymandering: making weird boundaries to benefit a particular party
ALLOWED by racial gerrymandering is NOT (Shaw v Reno)
Baker v Carr: Banned malapportionment; established ‘one person, one vote’ principle of equal representation
Forms of Congressional Representation
Trustee: representative votes with their conscience regardless of what constituents want
Power is trusted in the hands of the representative, thinking they’ll do what’s best for the district based on their opinion
Delegate: vote how constituents want, even if they disagree with it morally
Power is given to the representative as a voice for the constituents, regardless of the delegate’s personal beliefs
Politico: sometimes act as a trustee, sometimes as a delegate
Presidents
Formal Powers: being commander in chief, veto power,
Informal powers: executive orders, signing statements, executive agreements, bully pulpit
Executive orders: have the power of law, used to expand bureaucracy and make foreign policy
Bully Pulpit: actions of the president are widely watched giving them influence
State of the Unions are often used as attempts to gain support for their agendas and to pressure congress
Major check on presidency is Senate Confirmation of: federal judges, cabinet secretaries, executive agency heads
Judiciary
Created by Article III without power
Marbury v Madison: established judicial review; courts can rule on the Constitutionaility of laws
Stare decisis: “let the decision stand” = to follow precedent; a guiding principe for judges to rule based on past rulings
Ideological shifts on the Supreme Court lead to new precedents and overturning past ones
Judicial activism: idea that courts can and SHOULD overrule other branches when wrong in order to advance societla goal
AKA they have power so USE ITTTT
Reliant on states and executive branch enforcing rulings
Congressional Checks on Judiciary
Constitutional amendments
Altering the number of judges on the court
Change the jurisdiction of the courts
Impeach judges
Past a modified version of the same law
Senate must confirm justices
Bureaucracy
Merit System: lower level bureaucrats earn jobs based on merit, not patronage (rip garfield)
Cabinet Departments: have major responsibility over a broad policy area
Independent Regulatory Commissiosn: make rules regulating specific industries to protect public; narrow area of responsiblity
Executive agencies: perform public services
Government corporations: act as private companies but are under the federal government
Congress has broad policy goals, agencies refine them
Administrative discretion: ability of bureaucrats to choose how to implement and enforce laws
Rule-making authority: agencies can make regulations that have the power of law
Iron triangles: relationship between congressional committees, interest groups, bureaucratic agencies
Check on bureaucracy = Congressional Oversight (committee hearings and investigations into an agency’s activities), power of the purse (changing agency budgets), presidents can reorganize bureaucracy through EOs
Bill of Rights: protects individual liberty by limiting the federal government
Incorporation: limits governemnts by stating that ALL states must gurantee the rights in the bill of rights
Due Porcess Clause: no one can be deprived of their fundamental rights without due process of law
Selective incorporation: Bill of Rights applied to states on a case-by-case basis
Civil liberties: individual personal freedoms
Freedom of religion
Establishment Cause: no official religion or preferential treatment for a religion
Engel v Vitale: banned prayers in schools
Free exercise clause: the right to practice the religion of your choice
Wisconsin v Yoder: stated that forcing Amish students to attend public school beyond 8th grade violated the free exercise clause
Freedom of speech
Schenck v US: there can be a time for restrictions on speech (civil liberties v national security)
Challenged the Sediditon and Espionage Act during WWI
Tinker v Des Moines: students have free speech at school
Unprotected speech: libel, slander, obscenity; speech intended to incite imminent illegal action
Protected speech: hate speech, symbolic speech
New York Times v US: government is unable to prevent what journalists publish
John Peter Zenger: first freedom of press case in USH
Rights of the accused
Exclusionary rule: illegally obtained evidence may not be used in a trial
Miranda Rule: suspects in custody must be informed of their 5th and 6th amendment rights
Public safety exception: if a question is asked to neutralize a dangerous situation and a suspect responds voluntarily, the statement can be used even though it was made before the Miranda Rights were read
Gideon v Wainwright: states must provide an attorney
Rights of privacy
Roe v Wade: right to an abortion based on right of privacy
Overturned by Dobbs v Jackson
Civil Rights: protection of groups of people from discriminatino
Based on equal protection clause in the 14th amendment
Social movements: civil rights, women’s rights, LGBTQ rights
Civil Rights Act of 1964: Banned discrimination based on race, color, sex, religion, or origin
Voting Rights Act of 1965: banned obstacles to vote
Codified by the 24th amendment
Title IX: banned discrimination on the basis of sex in any federlaly funded education program
Brown v Board of Education: Banned segregation (overturned Plessy v Ferguson)
Affirmative action: preferential admissions and hiring policies for minorities
Voting behavior
Rational-choice voting: voting based on what is perceived to be in one’s own interest
Retrospective voting: voting based on the recent past
Prospective voting: voting based on how a party/candidate may perform in the future
Party line voting: ALWAYS voting for the same party
State policies to increase voter turnout: autmoatic registration, same-day registration, early voting, mail-in ballots
States are fully in charge of voting laws!!!!
Decreasing voter turnout: photo id laws, registration reqs
Expansion of voting rights:
15th — suffrage for POC
19th — suffrage for women
24th — no poll taxes
26th — lowered voting age to 18 (old enough to fight, old enough to vote)
Political parties mainly act to gain power and win elections
Party functions:
Establish party platoform
Recruit and nominate candidates
Raise money
Mobilize and education voters
Parties are weakening because:
They’re more candidate centered than policy centered
Rise of the primary system
Changes in how campaigns can be financed
Regional realignment = shift of what regions are dem/rep
Party dealignment: ppl leavings dems and reps and become independent
Barriers to 3rd Party Success: single member districts, plurality sstem, winner take all system, ballot requiremetns
Informal Barriers: feeling of a waste of a vote, lack of fudning, major parties absorbing policies of third party platforms
Interest groups: influence policy for a specific purpose
Lobbying: providing info to policymakers to influence legislation
Draft legislation: suggest wording on proposed legislation
Establishing political action committees to raise and spend money
Mobilzing voters in the name of a particular cause
They exmplify an inequality of economic and political resources as well as unequal access to law makers
Primary System: Allows ppl to nominate their party candidate for the general election
Open primary: any registered voter can participate in either party’s primary
Closed primary: only registered party members may vote
General election: winner gains political office
National convention: official nomination of the party’s presidential candidate; formally adopting a party platform
Strategy: appeal to ideologicla voters during primaries, appeal to moderates/independents during the general election
Electoral college: officially elects the president, must win 270 electoral votes to win presidency
Incumbency advantage: incumbents are usually more likely to win reelection
Stronger in the House rather than senate
Modern campaigns are characterized by length of the election cycles and campaign costs
News/Media:
Take the role fo gatekeepers = choosing what issues to report and for how long
Form of how ppl get news/info
Ideological orientation leads to reinforcing of existing beliefs
media bias and questioning credibiliyt