American Government Final Exam

Why Federalism?

  • Compromise between creating a strong central government and preserving the strength of the states.

  • Protect against tyranny

  • U.S (even just the original 13) was too big for a confederation

Federalism Defined

  • Divisions of power between the( national, aka DC)  central government and regional governments (50 states)

  • Each level of government has its own powers and shares powers

  • Allows local action in matters of local concern and allows national action in matters of wider concern.

  • Toll road expansion vs. pollution

Powers of the National Government

  • The National Government only has those powers outlined in the Constitution = delegated powers

  • Three types

    • Expressed Powers

    • Implied Powers

    • Inherent Powers

Expressed Powers

  • Powers that are spelled out (Written in the constitution)

  • Constitution gives the majority of expressed powers to Congress

    • Lay and collect taxes

    • Coin money

    • Regulate commerce

    • Declare war

    • Raise and maintain armed forces

    • Fix weights and measures

    • Grant patents and copyrights

Fewer expressed powers are given to the president

  • Commander-in-Chief

  • Grant pardons (federal crimes only)

  • Make treaties

  • Appoint officials


Implied Powers

  • Power that are reasonably suggested

  • Necessary and Proper Clause (Elastic Clause)

    • Example: draft (Power to raise and provide a military.) Minimum Wage (Power to regulate trade). 

Inherent Powers

  • Powers the national government has because it’s the national government

    • Exmaple: Acquire territory

The States

  • Reserved Powers= = States Power

  • [10th amendment]

  • Powers not granted to the national government or denied to the states

    • Example: Speed limit, Public Schools

Powers Denied to the States

  • Examples: Cannot make treaties, coin money

Exclusive and Concurrent Powers

  • Exclusive Powers = National Government Powers

    • Powers that can only be exercised by the national government

    • Example: Coin money

  • Concurrent Powers = National and State Government Powers

    • Powers shared by the national government and the states

    • Example: levy and collect taxes

    • Pg. 133

The Supremacy Clause

  • The Constitution (National Government) stands above all other forms of government in the US.

The Supreme Court and Federalism

  • Decide conflict between the national government and the states

The Nation’s Obligations

  • Each state is guaranteed a Republican-type government – and representative government

  • Invasion & Internal Disorder – if a foreign country attacks a state then IT’S ON!

  • Sometimes national governmentcan get involved in state “business”

    • The 50s

    • Natural Disasters

  • Respect Territorial Integrity – The Nat’l Gov’t must recognize the legal and physical boundaries of each state

  • All States have representation in Congress

Cooperative Federalism

  • Federal Grants-in-Aid programs – grants of federal money or other resources to the States or other local units

    • Makes up about 25% of all States/local gov’t spending

    • Positive – it gives money where it would not usually exist.

    • Negative – it gives the Nat’l Gov’t influence where they normally would not have it. 

  • Types of grants

    • Categorical Grant – towards a specific or closely defined purpose. Ex. School lunches, building of airports

      • Strings attached – only that purpose, matching funds, obey guidelineBlock Grantts – more broadly defined purposes. Ex. Health care, 

    • Block Grantts – more broadly defined purposes. Ex. Health care, social services

      • Fewer strings attached

    • Project Grants – States or private agencies apply for them. 

      •  Ex. Federal government support research cancer at universities. 

    •  Other form of Federal Aid

      • FBI assists State and local police

    • State Aid to the National Government

      • Local election officials conduct elections

      • Local/agencies capture and hold federal criminals

    • Interstate Compacts (agreeements)

  • The States had conflict during the Articles of Confederation

  • The US Constitution dealt specifically with interstate relations

  • Interstate compacts – written agreements among states

  • Congress must approve them

  • Examples – Port Authority of New York and New Jersey 

  • Colorado River Compact – allocation of river resources

    • Colorado, Wyoming, New Mexico, Utah, & Nevada, Arizona, & California

Full Faith & Credit

  • “Full Faith and Credit shall be given in each State to the Public Act, Records and judicial proceedings of every State

    • Public Acts, Public Records, Judicial Proceedings.

  • Extradition

    • A fugitive from one State can be returned to the State where the crime took place

    • Designed to prevent fugitives from fleeing to another State

    • Rarely contested

Privileges and Immunities

  • No States can discriminate against its own residents or residents of another state

    • Can require higher tuition to non-residents than residents. Why this?

  • It is common property of the State

Political Parties

  • What is a political party?

    • A group of people who seek to control government through the winning of elections and by holding public office.

    • Factions — conflicting groups within a party

Functions of Parties?

  • Nominating candidates for public office

  • Informing and activating supporters

  • Act as a “Bonding Agent”

    • To ensure the good performers of their candidates, they are qualified and of good character”

  • Governing — our candidates are chosen on the basis of party and run the government

  • Acting as a Watchdog — keeps an eye on the party in power

The Two-Party System (US)

  • 4 Reasons

    • Historical Basis — Federalists (support the Cons.)/Anti-Federalists (Against the Cons.)

    • Force of Tradition — this is the way it has always been

    • The Electoral System — set-up to keep third-party out (Electoral College officially elects the President

    • American Ideological Consensus — we all pretty much agree on things

Multi-Party System

  • Several major and minor parties compete and win public office.

  • More responsive to the will of the people because its make-up better reflects the people.

  • Weakness — power is shared by many. Need a coalition (partnership) to function

One-Party System

  • Dictatorship!

  • North Korea — Kim Jong-un

The Two-Party System in the U.S

  • Federalists & Anti-Federalists — first political parties

  • Republicans & Democrats —currently

Major Eras of American Parties

  • First Democrat President —Thomas Jefferson

  • First Republican President —Abraham Lincoln

Minor Parties

  • ideological parties — those based on a particular set of beliefs

    • Libertarian Party

    • Communist Party

  • Single-Issue Party — focused on only one public-policy manner

  • Economic Protest Parties —parties that come out of economic discontent

  • Splinter Parties — groups that split away from one of the major parties.

    • Tea Party?

  • Can play the role of “spoiler”

    • Nader in 2000 (Consumer advocate)

    • Stein(Green) or Johnson (Libertarian) 2016

    • Bush Jr. Gore 3 electoral votes

  • They draw attention to some issues that the major parties prefer to ignore

    • Perot and the National Budget

    • 1992 → 19% popular vote

Major Parties

  • Decentralized Nature - the parties are not as well-organized and close-knit as they may seem

    — The impact of Federalism (East coast rep differs West Coast Rep)

    • So many elective offices

    —This role of the nominating process

    • This process pits one party member against another I.e. Republican Party 2016

  • Major parties are weakening (1960) — people are less likely to identify their party affiliation. Regard themselves as Independents.

Electoral Process:

  • The Nominating Process

    • This is the process of selecting a candidate

Methods of Nomination

  1. Self-Announcement — a person simply announces their candidacy

  2. Caucus — a group of like-minded people meet to select who they will support: Iowa, Nevada, North Dakota, Wyoming, Kentucky (Rep). US Virgin Islands, Guam and America Samoa

  3. Direct Primary

    • Held within a pary to pick a party’s candidate for general election

    • Most common method used in the United States

  4. Convention — party members (delegates) from each state meet to select their candidates

  5. Petition — Candidates for public office are nominated by means of petitions signed by a required group of people

Two Tyes:

  • Closed Primary

    • Only declared party members can vote

    • *It makes candidates more responsive to the party — the party base.

    • It excludes independent voters from the nominating process

  • The Open Primary

    • Any qualified can cast a ballot.

Elections:

  • Prestinct — is a voting disctruict

    • It is the smallest geographic unit for conducting elections

  • Polling place

    • The place where the voters who live in a precinent vote.

  • Casting the ballot -

    • Ballot — the device by which a voter votes

    • Each state requires that it bne done in secret

  • Bedsheet Ballots — ballots are lenghty due to the numbers of candidates and offices up for election.

  • Ballot fatigue — less likely to vote further down the ballot

  • Divided Government: When opposite parties control the Legislative and Executive branches

    • Absentee Voting —

      • Apply for a ballot in advance and mail it or drop it off at a polling place

  • Incumbent — The current office holder. Ex. President Biden is the incumbent

  • The Coattail Effect

    • When a strong candidate at the top of the ballot helps get other candidates in the same party elected

    • It can work in reverse

Types of Voter-based Elections

  • Referendum — people vote to decide on an existing law or tax

  • Recall — people vote to remove (recall) an elected official.

  • Ballot Initiative (Proposition) — people place issue on the ballot and vote on it

Money and Elections

  • Private — Major source of campaign funds.

    • Unlimited

    • You

    • Me

    • Corporations

    • Dinners/photos

  • Public — Money that comes from the government

Regulating Campaign FInance

  • The Federal Election Commision (1974)

    • Known as the FEC — they are responsible for regulating the money that goes into campaigns

    • Money donated to campaigns is limited and must be spent legally.

  • Citizens United vs. FEC 2010

  • Created Super PACs (Political Action Commitees)

    • No monetary limit but cannot coordinate with the candidate

Hard Money vs. Soft Money

  • Hard Money

    • Money raised and spent to elect candidates for Congress and the White House

  • Soft Money

    • Money raised for “party-building activities”

    • “Get out the vote drive”

    • This miney usually finds its way to presidential and congressional campaigns.

  • The Right to Vote

    • The right to vote

      • Suffrage

      • Franchise

      • Disenfranchised

    • Voting rights were left to the states to determine

    • Expansion of the Electorate

      • Electorate = those who are eligible to vote

      • 1789 = 1 in 15 males eligible

      • Today = 220 million

    • Two suffrage trends

      • Elimination of voting restrictions

      • What used to be power of the states = federal government

    • Extended suffrage

      1st stage: → More white males

      Elimination of restrictions based on religion, property ownership, tax payment.

      2nd Stage:→ Males

      15th Amendment (1870) → cannot deny the right to vote because of race or color

      3rd Stage: males / females

      19th Amendment (1919-1920) → cannot deny the right to vote because of gender

      4th Stage: → More people

      Voting Rights Act of 1965 → enforcement of 15th Amendment

      23rd Amendment (1961) DC gets to vote

      24th Amendment (1964) → eliminated poll tax

      5th State:

      26th Amendment (1971) - 18+ can vote

    Voter Qualification

    • Universal Requirements

      1. Citizenship

        • Left the states to decide

      2. Residence

        • Must be a resident of a state to vote in that state

      3. Age

        • No state a set the voting age above 18, but they can set it below 18.

        • Result of the draft in WWII

      Other Qualifications

      • Registration→ intended to prevent fraudulent voting

        • Critics argue registrations is a barrier to voting

        • Motor voting law 1995

          • Able to register when you apply or renew your liscense

    • Literacy tests

      • Used to prevent certain groups from voting

      • No state today uses literacy tests

    • Persons Denied the Vote

      • Are in mental institutions

      • Commit serious crimes

      • Were dishonorably discharged

    • CA

      • In Federal or State Prison

      • ON parole for a felony, restored after parole is over.

      • Determined by a judge or jury not mentally competent

    Gerrymandering

    • Gerrymandering — the practice of drawing election district district lines in order to limit the voting strength of a particular

    • Gerrymandering

      • The state governments, typically drew the districts based on info from the consensus

    Voter Behavior

    • nonvoters

      • The many millions of Americans who do not want to vote

    • The size of the problem

      • 2004→ 215.7 Eligible, 122.3 tuned out = 56.7%

    • Turnout worse in off-year (mid-term - President to being elected) elections

    • The further down the ballot the office→ the fewer who voter = ballot fatigue

    Why do people not vote

    • Cannot-Voters

      • Too ill

      • Disabled

      • In jail

      • Religious beliefs

      • Etc.

    • Actual Nonvoters

      • Doesn’t matter who wins

        • Approve how things are

        • Don’t trust the process

      • Lack of political Efficacy

        • Don’t believe their vote has an impact on government

    Other Factors Affecting Turnout

    • Cumbersome election procedures

    • Exit polls — East Coast spoils it for West Coast!

    Comparing Voters and Nonvoters

    • Voters

      • higher income

      • Higher education

      • Higher occupational status

    • Nonvoters

      • Less than 35 years of age

      • Unmarried

      • Unskilled

      • South, rural

    Voters and Voting behavior

    • Income

      • higher income = republican

      • lower income = democrat

    • Occupation

      • White collar = republican

      • Blue collar = democrat

    • Education

      • More education = more conservative

      • Greatest indicator of whether or not someone will vote

    • Gender

      • Women = democrat

      • Men = republican

    • Age

      • Younger voters = more liberal

    • Religions

      • Protestant = republican

      • Catholic = democrat (might be switching)

      • Jewish = democrat (might be changing)

    • Ethnic

      • Black = democrat

      • Hispanic = democrat

      • Cuban = republican

    Geographic

    • South = Rep

    • Northeast = Dem

    • Midwest = Rep

    • Mountain = Re

    • Mid Atlantic = Dem

    • West Coast = Dem

    • Rural = Rep

    Urban = Dem

    • Some states are known as “swing states” either Rep or Dem

    Family

    • Greatest agent of political socialization - how people gain their political attitudes

    • Families vote alike

    Party Identification

    • Single greatest predictor of how a person will vote

      • Straight ticket voting = party column ballot

    • Increased number of independents — seeking more split-ticket young

Bicameral Legislature

  • Bicameral Legislature
    →Two houses

    • House of Representatives

    • Senate

  • Why?

  1. Practical: it’s what they knew

  2. Practical: Compromise between the New Jersey plan (equal rep) and the Virginia Plan (rep based on state’s pop)

  • Theoretical:

    • n

  • Terms and Sessions:

    • Term of Congress = Two Years 

      • 118th Congress

      • Two Session for every term of Congress

    • Special Session

      • Called by the President in emergency situations

      • Not used much now b/c Congress meets yr round

House of Representatives 

  • Size and Terms

    • 435 Members

      • Apportioned by state population

      • Each state at least 1

  • Term = 2 years

    • Always being reelected

    • Responsive to constituents

    • No term limits

Reappointment

  • Reappointment → redistribution of seats after the census

    • Reappointment Act of 2019

    • Set permanent size of House at 435

  • Off-year elections

    • Usually president’s party loses seats

  • Districts

    • Voters in a district elect one rep.

    • State legislature draws districts – not CA

      • Continouous territory

      • Nearly equal inhabitants

    • Gerrymandering → drawing a district to benefit a political Party]

    • Wesberry v Sanders 1964

      • “One man, One vote” – Congressional Districts are about the same size

Qualifications for House members

  • Formal:

    • Be at least 25 years old

    • Citizen for 7 years

    • Resident of the state

      • Custom to live in your district

Informal

  • Gender, ethicituy, work experience, political party

The Senate

Size, Election, and Terms

  • 100 members

  • 2 members per state

  • Terms = 6 years

    • More prestigious, enlightened, responsible

    • Originally represented the state, not the people

  • Election

    • Originally, Senates chosen by state legislatures

    • 17th Amendment→ popular election of the senate

  • Term

    • 6 years term, no term limit

    • Terms are staggered

    • More stable, continuous body

  • Formal

    • 30 years old

    • Citizen 9 years

    • Inhabitant of the state

Members of Congress

  • Personal & Political background

    • White

    • Male

    • Middle aged / older

    • Wealthy

    • Married

    • Protestant

    • Lawyers

Five Major Roles

  • Legislator

  • Lawmakers

    • Representatives

    • How should representatives represent the people?

      • Trustees = Vote their conscience

      • Delegates = Vote what constituents want

      • Partisans = Vote in line with the party

    • Committee members

      • Most work in Congress is done in committee

      • Each Congressman is assigned to a handful of committees

      • Screen legislatures (investigate)

      • Servant of Constituents

      • Help people who are having trouble with the gov

      • Politician

    • Salary

      • Senate & Reps = $174,500

      • Speaker = $223,500

      • President Pro Tempore, Majority Leader, Minority Leader = $195,400

    • Fringe Benefits

      • Life & health insurance, offices, staff, frank privilleges (free mail)

      • Can’t be arrested going to or from Congress

      • Can’t be sued for libel. Things they say can’t be used against them. “Freedom of Speech” is an important aspect of legislative debates.

Congressional Powers

  • what are the three powers of Congress

    • Expressed (Written in the Constitution)

    • Implied (Reasonably Suggested)

    • Inherent (Powers just for existing)

Interpreting the Powers of Congress

  • Strict Constituent

    • Congress should exercise Powers that are expressed

    • Those that are implied / absolutely necessary to carry out the expressed

    • States should keep as much power as possible

  • Liberal Constructionists

    • A broad interpretation of powers of Congress

Necessity and Proper Clause

  • This is an expressed power

  • Also known as elastic clause

  • Purposes to empower Congress to pass laws Needed to carry out the expressed powers.

    • McCullough v. Maryland — Court found it “necessary” and proper

    • It’s creation was related to taxing, borrowing, commerce powers

      • A state cannot tax a federal agency

Legislative Powers

  • Taxing powers

    • Where must all tax bills start?

    • The House of Representatives

  • Borrowing Power

    • What happens when the government borrows money

    • Who owns the most US Power

  • Commerce Power

    • Has the government ability to regulate many aspects of life

Foreign Relations

  • Who does Congress share Foreign Relations power with?

    • The President

  • What can each do regarding foreign policy?

    • President leads the military

    • Congress oversees funding and deployment

  • Constitutional Amendment

    • Article V says Congress may prepare an Amendment

      • 2/3 vote in each House

      • 3/4 vote by the states to ratify

Impeachment

  • The House has the sole power to impeach

  • Formally accuse, needs simple majority

  • Senate has sole power to try an impeachment case

  • Needs 2/3 vote to convict

Confirmations

  • All major appointment by the president must be confirmed by the

    • Senate (Simple Majority)

    • Federal judges

    • President’s cabinet

    • US Ambassador

Treaties

  • All treaties must be approved by the senate

  • 2/3 vote

The President’s Roles (8)

  • Chief of State

    • Ceremonial, symbol of the people, symbol of the people, head of government

  • Chief Executive

  • “The most powerful office in the world”

    • Not all powerful because there are 3 branches

  • Chief Administrator

    • Head of the executive branch of government

    • Directs the bureaucracy, almost 3 million people

  • Chief Diplomat

    • Main architect of American foreign policy

    • Nation’s chief spokesperson

    • Secretary of State has most foreign control

  • Commander in Chief

    • Commander of all armed forces

    • President dominates both foreign and military affairs

  • Chief Legislator

    • Usually President sets Congressional agenda

    • Office of President suggests most legislation

  • Party Chief

    • Leads the party that controls the executive branch

  • Chief CItizen

    • Represents the interests of the whole United States. The public interest over the private interest.

      • FDR — The Presidency is not merely and administrative office… it is pre-eminently a place of moral leadership”

  • Formal Qualification

    • Natural born citizen

    • 35 years of age]

    • Lived in the US 14 years

  • The President’s Term

    • Term of office 4 years

    • 22nd Amendment

      • Elected maximum two full terms of office

      • 10 year maximum

  • Pay and Benefits

    • Salary cannot increase or decrease during a presidential term

    • Salary = $400,000

      • $50,000 for expenses

    • Added Benefits

The Executive: Succession and the Vice President

  • Succession=a plan for filling an opening in the presidency

    • Constitution = no plan

    • V.P filled the office by custom

  • 25th Amendment formalized succession

  • President Succession Act

    • Speaker

    • President Pro Tempore

    • Secretary of State

Presidential Disability

  • 25th Amendment

    • VP becomes acting president

      • If President relinquishes power

      • V.P and the majority of the cabinet

    • The Vice Presidency

      • President over Senate

      • Decide presidential disability

  • VP replaced by President and approved by Congress

  • VP today are more influential

  • Balance the ticket

    • Choose a running mate who will help get you elected

      • Geography, race, ethnicity, gender, religion

The Election of the President

  • Political Platform — the aims and principals of a political party

  • Keynote Address — speech that may be a pathway to a nomination

Typical Characteristics

  • Have existing political experience — governors of states/ senators

  • Incumbency — currently in office

  • Come from the larger states — New York, Ohio, Illinois, Texas, and California

  • married with a family: Buchanan and Cleveland (He gets married in office.)

Original Provisions

  • Original Electoral College

    • President and VP chosen by presidential electors

    • Person with the most votes became President.

      • Person wit the 2nd most votes became V.P

The Electoral College Today

  • Not voting directly for president

    • Voting for electors

    • Reps & Dems have their own slate of electros

    • Each state has as many electors as members of Congress CA — 54 electoral votes

    • The number of electoral votes a state has is equal to the number if members of Congress the state has.

    • Electors are chosen on a winner-takes-all basis

      • Except for Maine and Nebraska

  • Electing the Pres

    • Nov — We the People

    • Dec — Electoral College

    • Jan. Votes counted its official

Flaws in the Electoral College

  • Winner of the popular vote will not win the presidency

    1. Winner-take-all

    2. Distribution of electoral votes —

      1. CA — one electoral vote represents 615816 people

  • 21 states do not require their electors to vote the way of the state

    • *Rogue (or faithless) electors are very rare

    • Never affected the outcome of an election

  • The House of Representatives chooses the president if there is no electoral (270).

    • Each state only gets one vote… Small states count more than big states

Proposed Reforms

  • -The proportional plan

    • Each candidate would be awarded electors in proportion the number of votes in a state.

  • Direct Popular Election

    • Get rid of the Electoral College and let the people vote for the president

      • Require an amendment

      • Small states lose their advantage

  • National Bonus Plan

    • Same electoral college votrs

    • Add 102 votes to the candidate who wins the popular elections

The Growth of Presidential Power

  • Expressed Presidential Power

    Commander-in-chief

  • Receive ambassadors

  • Make treaties (confirmed by senate)

  • Veto

  • Grant pardons

Why Presidential Power has Grown

  • Presidential power has grown over the last 200 years

    • One person is president

    • Strong personalities

    • Technological advances & Mass Media

  • Loose definition of Executive Power

  • *President is not all powerful!

The Presidential View

  • The Stewardship Theory

    • Stronger chief executive’

    • Works well with Congress

    • TR, FDR, Reagan

Imperial Presidency

  • President as emperor

  • Ignores Congress

  • Nixon

The President’s Executive Power

  • Chief Executive/administrator

    • Enforced the law

    • “Marshall made his opinion.. let him enforce it.”

The Ordinance Power

  • Executive Order issued by the president and has the force of law.

  • Allows the president to determine “how” laws are enforced

    • Ex: focus on deportation of certain illegal immigrants over others.

The Appointment Power

  • President appoints top ranking government officials

    • Majority of Senate must approve

    • Ambassador, cabinet members, Supreme Court Justices, heads off independent and regulatory agencies, officers in the armed forces.

The Removal Power

  • The Constitution doesn’t talk about removal

  • The 1st Congress decided the President needed power to remove any officer except for federal judges

Power of Recognition

  • By receiving an ambassador the President is also acknowledging the existence of that country

  • President can also ask that diplomats be recalled

Commander in Chief

  • President dominates military policy

    • Checked by Congress’ power to declare war

    • Many presidents make war without a declaration of war from Congress

    • War Powers Resolution Act

      • Designed to limit war making powers of the President

        • President must report the deployment of troops within 48 hours.

        • Troops can only be deployed for 60 days unless Congress approves an extension

        • Congress may end combats commitment at any time

Diplomatic and Military Powers

  • treaty → formal agreement between two or more sovereign states

  • President has the power to negotiate

    • Checked by Senate approval of 2/3

Executive Agreement

  • Agreement between the prez and the head of another country

  • Does not require Senate approval

Legislative and Judicial Powers

  • Recommending Legislation

    • Most ideas for laws come from the White House

  • The Veto Power

    • President is the last person to act on a bill

    • Threat of a veto is often enough to defeat a bill.

    • Congress can override with a 2/3 vote.

Judicial Power

  • President has the power to grant

    • Reprieves:

    • Postponement of a sentence

  • Commutation: deletes or lowers the punishment

  • Pardon: Forgiveness of a crime; not impeachment

  • Amnesty: pardon given to a Groupon of people

  • Only for federal offenses. Also can be for crimes not yet committed

2 Due Process Clauses

  • 5th Amendment — The Federal Government cannot deprive any person of “life, liberty, or property without due process of law”

  • 14th Amendment?

  • It places the same restriction on the States

A Commitment to Freedom

  • Colonists had a commitment to personal freedoms

  • During the process of creating the Constitution the States required a list of rights for the people

    • Several States only ratified the Constitution with the promised inclusion of a Bill of Rights

  • Civil Liberities — are protections against government

    • Freedom of religion

    • Freedom of speech and press

  • Civil Rights — positive acts of the government towards constitutional guarantees

    • CIvil RIghts Act of 1964

    • Voting Rights Act of 1965

  • Liberties are relative, not absolute

    • Everyone has rights as you do not infringe on the rights of others

    • Everyone has free speech but you can not falsely shout “shark” at a crowded beach

Who has liberties

  • Covers U.S. Citizens

  • Most liberties do apply to citizens (People who are not citizens in the country they live in.)

  • Remember: the Bill of Rights only applies to the National Government

    • Does not mean that the States can denhy basic rights

    • Due Process Clause — 14th Amendment. “No State shall deprive any person of life, liberty, or property, without of law” (Government must follow the rules).

  • Incorporation Doctrine — Supreme Court has merged most of the guarantees of the Bill of Rights into the 14th Amendment

    • 5th Amendment → Federal Government only

    • 14th Amendment → Applies it to the states

  • There are rights not listed in our Constitution that are guaranteed to us

Freedom of Religion

  • Establishment Clause

    • The National Government may not have an established relgion — Separation of CHurch and State

  • Free Excersise Clause

    • Each person has the right to believe in (practice) whatever religion the choose

Religion and Education Aid to Parochial (Religions) Schools

  • The Lemon Test: to determine whem and aid to parochial is legitimate

    • The purpose of aid is clearly secular

    • Primary effect must neither advance or inhibit the religion

    • Avoid excessive entanglement orf government and religion

Free Expression

  • We have the right to free expression in the spoken and written form and other means of communication

    • To protect the expression of the unpopular views. → the minority opinion

    • Some forms of free speech are not protected

      • Libel — the false and malicious use of printed words

      • slander — the false and malicious use of spoken wordso

      • Obscene words

      • The use of words to promote crime

Sedition — attempting to overthrow the government by force..

  • Seditious Speech — advocating or urging of such conduct

    • This type of expression is not protected

    Freedom of Assembly (To grather) and Petition (Question the Government)

Procedural:

  • The how, or methods of government action.

Substantive

  • The what, or policies of government action

Police Power:

  • The power of each state to safeguard the well-being of its people

  • The use of police powercab produce conflicts with civil rights protection