Gov notes first semester

Study Guide: 

Forms of Gov. and the Constitution

Democracy

• Everyone votes on an issue and candidate 

Republic

• The people select the ruler or the ruler rules because of the consent of people 

Other types of government (oligarchy, etc.)

• Indirect or representative democracy 

  • People vote for representatives and the representatives vote for the issues behalf of them. 

• Monarchy 

  • Sorely ruled by the ruler; king , queen they were born into the royal  family. 

• Oligarchy

  • They are run by few people.  

• Dictatorship 

  • Only one person has all the power in that region.

• Anarchy 

  • No government or ruler. 

• Military junta 

  • Ruled by the military ; in military control .  

• Theocracy 

  • Ruled by religious teaching and a religious ruler. 

Democracy FRAME

Constitution:

Fundamental Principles:

Limited Gov

• Government power is limited ; cannot overuse their power  

Federalism

• A balance of power between the state and federal government

• Neither can abolish the other

• Both hv specific and shared powers 

  • Power to tax , set up court , borrow $, making laws

Constitutional Supremacy

• Constitution is the highest law of the land 

• State laws cant violate fed 

Popular Sovereignty

• People have the power - leaders are the rulers with consent of the pple.

Separation of Powers (purpose/3 branches and powers in general as well as 

• Powers separated in two three branches 

  • Executive 

    • Pres, vp, executive agencies ( FBI , CIA, … ) executive dept. 

      • Enforce the laws 

  • Legislative 

    • They create the laws 

    • 2 house of Congress 

      • house of rep 

        • Reps based upon population 

      • Senate 

        • Equal representation regardless of state size.

  • Judicial 

    • Interpret the laws ( decide if its constitutional ) called judicial review ( supreme review and executive actions )

    • Supreme courts have financial 

from card sort)

Checks and Balances (purpose and examples - use worksheet and notes)

• Checks and balances

  • Each branch monitors the others to prevent abuse of power

    • Ex. laws 

      • Congress ( leg. Branch ) 

        • write laws 

      • President ( executive ) 

        • Sign or veto the bills 

      • Supreme court ( judicial ) 

        • Review the law to see if its constitutional called judicial review

Info from the constitutional card sort

Powers:

Expressed - definition

• Directly able in constitution and between branches 

  • Ex; congress declares war ; congress controls the funding ( approves budget ) ; president creates budget 

Implied - definition/ “nec. and proper clause”/ elastic clause

• Not directly stated or written, but gov may still have the power 

  • Necessary & proper clause / also called “ elastic clause” 

    • Allows congress to do what is necessary and proper to run the gov.  

Inherent Powers - definition/eminent domain

1. Are not necessarily written kinda assume the gov. has the power b/c they are the gov. 

   1. Ex; eminent domain - Congress take your property for public use / benefit 

      1. The 5th amendment says gov. must compensate ( pay you for it ) 

Prohibited Powers - def./ex

• Powers gov does not have 

  • No bill of attainder

    • Gov can’t punish someone without a trail

  • Gov can't suspend habeas corpse 

    • Within 24 hours person is arrested  must be brought before a judge to determine if enough evidence to hold him 

    • Csn suspend in  case of emergency 

  • No exposto fact law

    • Can’t be punished for doing something before a law prohibited it. 

Concurrent Powers - def./ex.

• Both state and fed gov. have the power 

  • Tax

  • Make laws 

  • Build roads 

  • Borrow money 

  • Criminal justice system/ court system 

Compromises:

Representation - NJ and VA plans, Great Compromise/Connecticut Compromise

• 2 competing plans ; by and small states 

  • VA plan - big state 

    • Bicameral  ( 2 houses) legislative 

    • Representation based on population 

  • New jersey plan - small state 

    • Unicameral leg. ( 1 house ) 

    • Rep. is = ( 2 per state ) 

• Great compromise ( connecticut comp) 

  • Bicameral congress 

    • Senate 

      • = rep. ( 2 per state ) 

    • House of rep. 

      • Rep based on population 

Slavery ⅗ Compromise

• 3 out of every 5 enslaved people counted as part of the population for taxation and rep. In the House. 

Ratification:

Federalist v. Antifederalists

• Battle between the federalist (  want the constitution )   and the anti federalist ( against the constitution ) 

  • Anti federalist believed constitution gave fed gov to much power  

• Federalist papers - 85 essays written in New York newspaper in defense of constitution 

Federalist Papers: 10, 51, 78

• Federalist 10 

  • Warning the danger of factions and the need to build a bigger government to neutralize the factions .

• Federalist 51 

  • Need checks and balances ( if totally separate from each other - 1 branch may abuse power and the others can’t stop them. ) 

• Federalist 78

  • Lifetime appointment for supreme court justices because they need to make decisions based on the constitution - not popular opinion. ( don't want political pressure) 

Bill of Rights - what are they

• 1st 10 amendments to the constitution 

  • Explicitly guarantees indiv. State rights 

How to amend Constitution

• 2 parts 

  • proposed ⅔ of both houses of congresses 

  • Ratify ¾ all state legislatures

  • Have 7 years to get ratification. 

First Amendment - know UO cases, etc. and other limits for Freedom of Religion in your notes

• 5 freedoms

  • Freedom of religion 

    • 2 parts/causes 

      • Establishment clause 

        • Can’t promote or establish a specific religion 

          • “ wall of separation btwn church and state 

          • Ex ; of breaks in the wall 

            • In god we trust in $

            • Pledge and independence 

            • Politicians response god in speeches 

            • Sometimes elected officials take oath of office by putting hand on bible 

            • Congress opens session w/a prayer

        • Court cases 

          • Emerson vs. board of education

            • Issue; Can students who attend a public school bs to their school 

            • Decision ; Is is allowed bc its a health and safety issue 

          • Boranch v clauson 

            • Issue ; got released time from school to attend religion classes ? 

            • Decisions ; allowed bc not on school grounds 

          • Engel vs vitale 

            • Issue ; can school districts start day,reciting a voluntary , non - denominational  school prayer 

            • Decisions; not allowed, led by teacher, also mentioned “ God” 

          • Wallace v Jafree

            • Moment of silence for prayer or meditation allowed ? 

            • Violation - taught prayers - said out loud - meant to promote religion 

          • Kennedy v bremerton 

            • Can a school official ( football coach ) pray w/team at school sponsored events ?

            • allowed- acting outside of coaching duties 

          • Lemon v kurtzman 

            • Issue ; when can gov. Give aid to religion ( parochial ) schools ? 

            • Criteria ; 

              • Aid must be secular ( non - religion) 

              • Aid can’t advance / promote religion  

              • Aid must avoid “ executive entanglement “ of the government w/religion  

                • ex. ;

                • Textbooks ? - allowed 

                • Counseling services ? - allowed 

                • Projectors ? violation 

                • Teacher salary ? - violation 

                • Free lunch ? - allowed 

                • Field trip ? - violation 

                • Maps ? - violation 

          • good news ( club (2001)) 

            •  issue ; can you have a religious meeting after school but on campus?   ( outside. org) 

            • decisions ; not violation of estab. clause if school is open to open orgs. 

          • religious club on campus during school hours ? 

            • 1. can meet as long as follows rules like every other club

          • Obergefell v Hodges  ( 2015) 

            •  Issue ; same sex marriage

            • D ; right to marriage guaranteed to all under 14th amendment  = protection under law 

          • masterpiece cakeshop v colorado ( 2018) 

            • 1. Issue ; does CO law violate cake shop owner’s ist amendment right ( free expression of religion )  

              • law violated bakers fight of free exercise and expressions

          • 303 creative v Elenis

            • Issue ; Does CO - anti discrimination law violate website designers freedom of expression ( based on religious beliefs ) even though there was no one challenging her

  • Freedom of speech 

    • Forms of speech 

      • Words only 

      • Symbolic speech 

        • Convey message through symbols like peace sign 

      • Tinker v des moines 

        • Issue ; can students peacefully protest by wearing black armbands 

        • Decision ; The suspension was a violation of their freedom of speech 

      • Speech plus 

        • Verbal + symbols ( writing) 

    • limits / court cases 

      • Schenck v US ( 1919) 

        • Issue ; did war protect ( urged men to resist draft ) promote disloyalty ( violate espionage act ) or as it protected speech ? 

        • Decision ; words presented a clear and present danger, like “yelling fire in a crowded theater when there isn't one” - It's not protected speech. 

      • Brandenburg v ohio ( 1969) 

        • issue ; can an individual urge others to break the law or is it protected speech ? 

        • Decision ; words can be limited when present clear and imminent ( immediate ) danger. People are acting on the words. 

      • Defamation ( speech and press) 

        • Attack a person's reputation falsely 

          • Slander - spoken 

          • Libel - written 

        • New york times v sullivan ( 1964) 

          • Issue - can the NYT publish a story with some errors. ( not intentional ) 

          • Decision - not done w/ “ actual malice” or “ reckless disregard for the truth” - protected

    • Obscenity ( speech and press) 

    • ( Will discuss more when cover freedom of press) 

    • “ fighting words “ 

    • These are words so offensive you know they will erupt into violence 

    • Must target specific individual or group and have direct tendency to cause violence 

Second Amendment

• Right to bear arms / right to own a gun 

Third Amendment

• You don’t have to house soldier during peacetime

Fourth Amendment

• Search or seizure 

  • Need a warrant based on “ probable cause “ Rights of Accused

Habeas Corpus

• Writ of habeas corpus 

  • If you are arrested you must be brought b4 judge 2 see if there is enough evidence within 24 hours

No Bills of Attainders

• Can’t be punished w/out trial 

No Ex Post Facto Laws

• Can't punish you for doing something before the law prohibited 

Due Process

• Law must be fair and reasonable 

• Law must be fairly applied and equally - 5th/14th

Warrant - probable cause

• Warrant must specify specific person or area to be searched.

Exceptions to having a warrant

• Evidence in plain view 

• Uncoerced consent ( roommate can consent to search ) 

• Search in connection with arrest/parolee

• Exigent circumstance 

  • Evidence will be destroyed, suspect may cause harm or escape 

• What about your garbage 

  • CA v. Greenwood 

    • Police can look through if it is not on your property. 

Exclusionary Rule

• Evidence obtained in an illegal search is inadmissible in court 

Mapp v. Ohio

• Mapp v ohio - applies exclusionary rule to state courts 

• Mapp v ohio classifying arguments

Exceptions to Exclusionary Rule (good faith, etc.)

• If police can prove evidence would have discovered anyways

• Good faith exception 

  • Police thinks that search was good, but turns out to be bad - acted in “good faith”

Schools - reasonable suspicion

New Jersey v. TLO

• Issue : do school administrators need a search warrant to search students?

• Decision : schools administrators need reasonable suspicion to search student 

Fifth Amendment - all parts and what they mean, what is and isn’t double jeopardy, etc.

• Protects against double jeopardy - tried for same crime twice after FOUND INNOCENT  by a jury 

  • Meant to protect indiv. From harassment by authorities  

  • Not double jeopardy 

    • Can be tried in both federal and state court for same crime - of violates both federal and state law - different court systems 

    • Tried for separate violation within same act 

    • Can face charges in criminal and civil court for same act - diff court system 

    • Mistrial or hung jury - no verdict issued

    • Case heard on appeal is not double jeopardy  

  • The double - edged sword of double jeopardy 

    • Ex. emmett till's murderers 

      • Carolyn Bryant Lied

• Right to a grand jury trial if accused of a federal crime or serious state felony in some states

  • Before a trial can even go forward, number of indiv who have to decide if there is enough evidence for a trial 

• Plead the 5th - don't have to testify against/ incriminates self 

• Eminent domain - must be compensated ( pay you ) 

Sixth Amendment - all parts

1. Right for a fair/ speedy trial 

   1. Backlog of cases : most go to trail within 2 years, some take longer

2. Right to impartial jury 

3. Right to know the charges

4. Right to confront witness

5. Right to call witnesses in your favor 

6. Right to counsel ( lawyer) 

Gideon v. Wainwright

Miranda v. Arizona

• Suspects must be informed of their rights before being questioned

  • Falls under the 5th amendment for the right to remain silent 

  • 6th amendment for the right to counsel. 

Seventh Amendment

• If you sue someone in court the amount has to exceed $20

Eighth Amendment - both parts

• Protects against “ excessive bail” 

  • Can be denied if highly dangerous or flight risk 

• Protects against “cruel and unusual” punishment 

  • Death penalty itself is not considered “ cruel or unusual” punishment - different methods have come under scrutiny and have been deemed unconstitutional.  

• Is solitary confinement “ cruel and unusual punishment 

  • Supreme court has yet to rule  

Furman v. Georgia

• Suspended death penalty under 14th amendment - arbitrarily given as punishment - more to black defendants. 

Gregg v. Georgia

• Laws and procedures rewritten - supreme court ruled no longer : arbitrarily given 

Ninth Amendment

• Right not directly ruled in constitution but still may be written. ( unlisted) 

  • right or vote 

  • Right to privacy 

  • Right to travel 

  • Right to marry 

  • Right to choose your own career

• Abortion 

  • Not actually decided based on the 9th amendment but decided under 14th amendment 

Roe v. Wade (technically ruled under 14th amendment - but know case and right to

privacy)

• Guaranteed a women’s right to choose under the “due process” clause of the 14th amendment : right to privacy

Dobbs v. Jackson

• Roe v Wade was overturned by dobbs v. Jackson 

Tenth Amendment

• Fedalism 

  • Balance between federal and state power  

13th, 14th, 15th Amendments and issues surrounding them

• 13th amendment 

  • Abolished “ involuntary servitude “ except when there is a punishment for a crime 

• 14th amendment 

  • due process  = equal protection under the law for all citizens 

Voter Suppression

• Violence / intimidation 

Poll taxes

• Make u pay to vote 

Literacy tests

• Had to proof to read and write inorder to vote 

Grandfather clause

• If  your grandfather voted you could vote 

Gerrymandering

• Drawing voting district lines to favor one party over another. 

  • Cracking : pulling a party out of district 

  • Packing : pack one party in all one district 

Obergefell v. Hodges

• Same sex marriage 

Loving v. VA

• Legalized interracial marriage

Affirmative Action

• Def. : program to make up for past discrimination against women and people of color

• Could become a quota system. 

Board of Regents Univ. of CA v. Bakke

• I : did UC Davis violate Bakke’s 14th amendment right when denied admission ?

• D : parts 

  • 1 ; Bakke’s 14th amendment rights violated 

  • 2. UC davis could take race into account  for admission

Segregation

Plessy v. Ferguson

•  separate but equal “ - ruling 

Brown v. Board of Education

• Desegregate schools world wide 

• “ separate facilities are inherently unequal 

De facto v. de jure segregation

• De jure ; seg. By law 

• De facto ; seg occurring “naturally” 

Redlining

• Gov. refused to give a low interest loan or insurance to someone because their living in an area with poor financial risk

• FHA - prevented black american from getting home loan 

• HOLC/FHA - maps for banks of where people lived according to race

19th Amendment

• Women's right to vote

• Women of color - still subject to reset laws in south  

26th Amendment

• 18 year olds got the right to vote

Election Process (Primary (open and closed)/General Election)

• 2 parts to the election cycle 

  • Primary election 

    • Members of the party choose who they want to run for an official 

    • Dates will vary depending on state ( some states like Iowa hold caucuses ) 

      • Different systems to choose a nominee in Iowa. 

    • Open v. closed primaries 

      • Open primary - members of all parties allowed to vote - all candidates on the ballot. ( this is true for CA except for office and president) 

      • Closed primary - only members of a party can vote for their party’s candidate ( only see their parties candidate on ballot ) 

  • Don't just vote for candidates - vote for propositions ( state issues ) and measures ( city issues ) - ( “ laws” the people can vote on ) 

• General election 

  • Opposition candidates run against each other- also vote on measures and propositions.

  • Held 1st tuesday after the 1st Monday in Nov. - even # years 

    • This allowed farmers to take time off of work and vote on Tuesday. Monday was considered a travel day. 

  • Presidential and midterm ( don't vote for president - but vote for other officers, props , measures )  elections 

• Ballot issues 

  • Initiative system 

    • Regular citizens gather signatures to get issues on the ballot. ( show as propositions and measures ) 

  • Referendum 

    • A legislative put issues on the ballot for constituents ( voters ) to vote on.

  • Recall election - voters decide if they want to remove an official from the office. 

Electoral College

• People don't directly elect the president

• Vote for a “ slate of electors ( group of people ) chosen by political parties to vote for president for the pple.

• Most states are winner - take all except Maine and Nebraska

• The # of electrons = the number of the states reps. In the house and senate. ( total # of electors = 538 ; need 270 to win ) 

• Problems 

  • Candidates can win popular vote and lose election

  • Not all electors are legally bound to vote the way the voters did  

  • Smaller states over represented 

How a bill becomes a law (basics)

• Idea is created and they contact a rep or senate 

• Representative writes their first draft of that bill

• When the bill sends to the house and sits through a committee ; they debate it and they mark it up and change it ( 90% of the bill are rejected) 

  • Pigeonhole

    • They set that bill aside 

• Goes to the full floor ( everyone in the committee votes on it ) 

  • They can add riders - means to add an idea on the bill 

• They go to house and they vote if the bill could be passed and then it gets passed to senate ( when it goes to senate the same thing happens ) 

• Then it passes the president signs the bill it can be vetoed  

  • Congress can override the veto by voting ⅔ majority 

  • If pres. Doesn’t sign a law within 10 days and the congress is in session the bill automatically becomes law 

  • Pocket veto 

    • If congress is not at work and president doesn’t do anything then the bill is automatically vetoed

• Filibuster - senate only 

• Can talk a bill to death 

  • Killing a bill by talking ( you can talk about anything)