Major contributors to social contract theory
Hobbes, Locke, Reasseau
Social Contract Theory
We need food, clothing and shelter to survive and nothing should interfere with our ability to obtain them. We may also choose to believe in a god. The belief gives definition to our existance. Therefore it is important we define ourselves as individuals.
Enlightenment Influence on Constitution
Bill of Rights and the Second Amendment, Ninth Amendment
Bill of Rights (Enlightenment)
The first eight Bill of Rights
Declaration of Independence (Enlightenment)
people have rights of life, liberty, and the pursuit of happiness
Articles of Confederation weaknesses
No executive, no judicial, no power to tax, no power to regulate trade
Articles of Confederation – Strengths
Provided direction for the Revolution, the ability to conduct diplomacy with Europe, and deal with territorial issues and Native American relations.
New Jersey Plan
The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state’s population.
Virginia Plan
Proposal to create a strong national government
Constitutional Convention
A meeting in Philadelphia in 1787 that produced a new constitution
Three-Fifths compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment). Bicameral congress.
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Federalists
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption.
Ratifying the Constitution
Article VII, 9 out of 13 states had to agree, it was ratified at state conventions
Federalist #10 (factions)
Elites can never take over rule of the government due to too many factions.
Federalist #51 (Madison)
Separation of powers, checks and balances
Separations of Powers
The division of the federal government into three branches each with its own powers
Government Branches
Three sections of the US government: legislative, executive, and judicial. Each branch has powers that restrict the other branches powers.
How are laws made and enforced using the separation of powers
Congress originates laws
Judicial branch reviews laws for constitutionality
Executive branch enforces laws
system of checks and balances
Constitutional system in which each branch of government places limits on the power of other branches
Several checks the judicial branch has on the legislative and executive branches
Executive:
Can overturn actions of the president with judicial review if the actions violate the Constitution
Serve during good behavior to maintain independence of judiciary
Legislative:
Can overturn acts of Congress as unconstitutional if they violate the law
Can influence laws by interpretation
Serve during good behavior to maintain independence of judiciary
Several checks the legislative branch has on the judicial and executive branches
Judicial:
Senate must approve judges and justices
Controls jurisdiction of the courts
Determines size of Supreme Court
House can impeach judges and Senate can remove them by two-thirds vote
Executive:
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate
Control of funding activities of the executive branch
Presidential nominees must be approved by the Senate
Only Congress can declare war
House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
Several checks the executive branch has on the legislative and judicial branches
Legislative:
Can veto legislation
Can use executive agreements
Can use executive orders
Negotiates treaties (not Congress)
Judicial:
Nominates judges
Power of pardon
Several advantages and disadvantages of a federalist system
Advantages:
States can innovate when dealing with problems
States better designed to deal with needs of citizens
States can add to national programs
Separation of powers and system of checks and balances
Offers opportunity for individual to participate more in the political system.
Disadvantages:
Inefficient
Difficulties when states have conflicts
Duplication of effort costly
Not all citizens are treated the same
Define the three types of Congressional powers including implied, enumerated and inherent powers
Enumerated: Power stated in Constitution
Implied: Not stated in Constitution but inferred
Inherent: Assumed to exist as a result of the country’s existance
Several powers held by the legislative branch
Tax citizens , Set the budget , Regulate commerce, Declare war, Provide advice and consent on appointments, Impeach individuals, Oversee the powers of the judicial and executive branches
Congressional powers as either implied, enumerated or inherent
Enumerated: Taxation, budget authority, power to regulate, power to declare war, checks on other branches including advice and consent and impeachment.
Implied: Power to oversee the other branches as well as reign in administrative agencies.
Examples of Congress exercising its power under the Commerce Clause
Regulating trade between states, setting a federal minimum wage, prohibiting discrimination employment.
Ways in which the legislative branch can engage in checks and balances with the other branches of government
Judicial:
Senate must approve judges and justices
Controls jurisdiction of the courts
Determines size of Supreme Court
House can impeach judges and Senate can remove them by two-thirds vote
Executive:
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate
Control of funding activities of the executive branch
Presidential nominees must be approved by the Senate
Only Congress can declare war
House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
Process of legislation and how bills become law
- A bill is proposed
- Introduced in house or senate
- Passed to committee or subcommittee
- Floor action: debate and voting
- Conference committee resolves conflicting points. New version sent back for approval.
- President can sign bill into law or choose to veto
- If veto, congress can override veto by passing bill in house and senate by a 2/3rd majority.
8 YAY! New Law!
Purpose of congressional committees and describe several types
A committee is a smaller subset of representatives or senators that consider particular types of bill. Committees can be either long-standing or temporary.
Committees serve political as well as lawmaking functions.
Different committees:
House Committee
Resources Committee
Foreign Relations has sub-committees on Europe and Africa
Committee on Agriculture
Committee on Energy
Define reapportionment, redistricting, and gerrymandering
Reapportionment – Redrawing voting districts after a census
Redistricting – The redrawing of congressional district lines within a state to ensure roughly equal populations within each district
Gerrymandering – Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
Role of the census in the reapportionment and redistricting processes
Reapportionment occurs when census data indicates needed adjustments so a state is not paying too much or too little in federal taxes.
Every state goes through reapportionment every 10 years. The census helps to determine the changes to its districts, taxes, etc.
Miller vs. Johnson
Race cannot be the dominant and controlling factor for redrawing congressional districts.
Evolution of the presidency in the United States
- Established 1787
- Electoral College emerged as way to elect/re-elect president
- Duties outlined in newly-formed Constitution
- Impeachment built into Constitution – clear process for removal
- Twelfth Amendment – Pairs Presidential candidate with running mate on a ticket
- Budget and Accounting Act of 1921 – Executive branch put in charge of forming budget.
- Twenty Second Amendment limits terms
- Expansion of Duties – From Washington who formed first cabinet to now President contributes to office.
Term limits for the President
2 terms or 10 years
Impeachment Process
Constitutional process for removing executive officers & judges for “treason, high crimes & misdemeanors” (whatever Congress thinks is impeachable). Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Andy Johnson and Bill Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!
Duties of the President
- Commander in Chief
- Negotiate Treaties
- Establish budget
- Receive representatives of foreign countries
- Execute laws faithfully
- State of the Union
- Veto
- Nominating federal judges
- Make appointments to military and diplomatic posts.
Powers of the President
Pardon/Reprieves, Removal, Line-item Veto, Executive Orders, Appointing Federal Judges, Signing Statements, Commander-in-chief, Executive Agreements, Rally around the flag affect, Persuade and drive public opinion, Negotiate, cut deals, make compromise privately
Executive order
Executive orders provide direction to government agencies and deal with routine matters. In some cases, however, executive orders can be used to achieve policy goals in areas where Congress has been unwilling to act or is even opposed to the desires of the president. Executive orders, however, cannot directly contradict or change existing law.
Presidential Power Limitations
Presidential powers are limited when it comes to checks and balances when it comes to such things such as nominations since the Congress is the one that confirms those nominations. Usually most presidential powers are held in check by congress and likewise.
Recess Appointment Clause
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Federal Judiciary
1787: Born under Article III
1789: Framework for basic structure laid
1803: Marbury v. Madison Judicial Review is born
Federal Judiciary Powers
Power to regulate interstate commerce
Considers specific cases and narrower questions
Often applies ‘stare decisis’ or letting a decision stand in ruling
Decisions help reshape policies through rulings and interpretations applying to modern circumstances
Will on occasion defer to other branches
Original jurisdiction and appellate jurisdiction
Original jurisdiction, a case is heard for the first time
Appellate jurisdiction, a court hears a case on appeal from a lower court and may change the lower court’s decision
stare decisis
A Latin phrase meaning “let the decision stand.” Most cases reaching appellate courts are settled on this principle.
Strict vs. Loose interpretation
Strict interpretation is when you go exactly by what the constitution says- Thomas Jefferson; loose is where you have more liberal views-Alexander Hamilton
US Court System
US District Court, US Court of Appeals, US Supreme Court
Civil and criminal cases
What cases take place in the District Courts?
Jurisdiction of federal and state courts
Exclusive State Jurisdiction – Matter not subject to federal jurisdiction.
Concurrent Jurisdiction – (Federal questions), (Diversity of Citizenship)
Exclusive Federal Jurisdiction – (Admiralty/Maritime Law), (Antitrust), (Bankruptcy), (Copyrights and Trademarks), (Federal crimes), (Patents), (Suits against the United States), (Other specified federal statues). When a case involving concurrent jurisdiction is brought by a plaintiff in federal court, the case remains in the federal court. When the case is brought to a state court the defendant can either let the case be decided in by the state or removed to a federal court.
Number of Supreme Court Justices
Nine justices
Nominating of Supreme Court Justices
Nominated by the President
Supreme Court Powers
1) Interprets the Constitution and federal laws 2) declares a law unconstitutional, 3) settles disputes between states, 4) final appeals in court, 5) power of Judicial Review, 6) sets precedents
Express, Implied, Reserved, Concurrent
Express/Enumerated: These powers define the jurisdictional boundaries of the federal government as found in Article 1, Section 8 of the Constitution
Implied: Powers used by the national government no specifically defined in the Constitution
Reserved: Powers not delegated to the federal government fall within each state’s rights to govern.
Concurrent: Shared powers and functions between states and the federal government. Examples: Taxation, borrowing, making and establishing laws to establish court systems.
immunities clause
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
How Gibbons v Ogden and McCulloch v Maryland expanded the power of the national government through the necessary and proper clause’s implication of expanded powers
The dispute was over the founding of a national bank. Over a 20 year period. The Supreme Court decided the National Government had the right to create a national bank. Federal government had the upper hand under the supremacy clause and ratified by the proper clause. This is an important cased to understand. The same goes for Ogden v Gibbons as the Supreme Court gave the federal government sole authority to regulate the licensing of steamboats operating in New York and New Jersey. Using the Supremacy Clause and implied powers it made this determination.
Identify the differences of the House of Representatives and Senate including eligibility, term lengths, and numbers of members.
House:
2 year terms
Higher Partisanship
Answers to constituents demands regularly
Seeks narrow interest of smaller groups of constituents
Disagrees with same party because of specific district demands
Deals with popular/fleeting demands faster
Requires stronger structured leadership
Senate:
6 year terms
Lower Partisanship
Takes longer time before they answer to constituents (6 years)
Maintains a broader view to retain majority support from constituents across the state
Slows down or stops legislation
Requires less structured leadership
How does the length of term for the house of representatives and senate affect performance
Due to its short 2 year term members of the House of Representatives are more responsive to their constituents where because of their 6 year term members of the senate can afford to step back from the heat of the issue and allow it to cool before taking a stance.
What must a candidate do to win the primaries
Align with committed partisans who are often of the ideological extreme.
What must a candidate do to win the general election
The candidate must win the majority of the votes in the electoral college. The first candiate to 270 votes wins.
How does the electoral college work?
Each state determines how it will select its electors; electors then elect the president.
How are US Representatives elected?
Declare Candidacy
‘Out-Party’ competition
Win plurality in primary
Campaign, raise money
Make sure supporters vote
Dissuade opposed to not vote
Get undecided to vote for you
How are U.S. senators elected?
Declare Candidacy
‘Out-Party’ competition
Win plurality in primary
Campaign, raise money
Make sure supporters vote
Dissuade opposed to not vote
Get undecided to vote for you
How presidential candidates are elected
Declare Candidacy
‘Out-Party’ competition
Win plurality in primary
Campaign, raise money
Make sure supporters vote
Dissuade opposed to not vote
Get undecided to vote for you
Differentiate between safe and swing states
Safe states like the candidate. Swing states haven’t decided which candidate they like.
Define Interest Groups
Groups of people that shares points of view about an issues
Various types of interest groups
Interest groups exist in various sectors. Some of these sectors are:
Finance/Insurance/RealEstate
Ideology/Single-Issue
Other
Misc Business
Health
Communication/Electronics
Lawyers & Lobbyists
Labor
Etc.
Various strategies of interest groups
Their are private and public interest groups. Private seek particularized benefits while public interest groups attempt to promote public, or collective ‘goods’. Goods are benefits tangible or intangible.
How do interest groups compare to PACs and Super PACs
Interest groups are usually focused on one topic as PACs and super PACS are geared toward influencing the outcome of an election and are representative of multiple interest groups
How did Citizens United v Federal Election Commission impact campaign funding
The Supreme Court ruled against the decision in Citizens United vs Federal Election Commission because it violated the free speech of Corporations and Special Interest Groups
Several strategies by interest groups to influence the actions of the government
Interest groups attempt to influence political outcomes by contacting government officials and politicians and trying to influence the general public.
interest group politics
Political activity in which benefits are conferred on a distinct group and costs on another distinct group
voter registration
System designed to reduce voter fraud by limiting voting to those who have established eligibility to vote by submitting the proper documents.
Voter registration requirements have historically disenfranchised African Americans.
Jim Crow laws were designed to discourage black voters from voting with poll taxes and white primaries
Various factors that affect voter registration in the United States
Literacy test, attending university out of state, poll taxes
Factors that influence voter choice.
Ballot fatigue, straight-ticket voting, Retrospective voting, Prospective voting
Explain how voter turnout is measured.
Occupation, Income, Education, Age, Race, Gender,
Describe factors that decrease voter turnout.
Too busy, Transportation, restrictive registration laws
Define civil rights.
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
Contrast civil rights from civil liberties.
If you believe the government is supposed to be doing something it is a right. If you believe the government should leave you alone it is a liberty.
Discrimination
Behaving differently, usually unfairly, toward the members of a group.
Identify laws that protect against various forms of discrimination
Civil Rights act of 1957 and 1964, Voting Rights Act of 1965, Age Discrimination act of 1975. 13th, 14th, 15th, 19th, 24th and 26th Amendments
Struggles African Americans and other groups have faced in securing civil rights
Discrimination against race, gender, age, sex
Three levels of scrutiny
Race → inherently suspect [never allowed]
Gender → intermediate standard [sometimes allowed {in terms of law}]
Age, wealth, sexual orientation → reasonable (often allowed)
Significance and outcomes of the Civil Rights Movement
De jure segregation ended
De facto segregation continues
“White Flight”
Still a racial wealth gap
Civil Liberties
Constitutional freedoms guaranteed to all citizens
Fundamental Civil Liberties
Life, Liberty, Pursuit of Happiness
How the 2nd, 3rd, 5th, and 7th amendments protect the privacy of citizens
2nd – Right to bear arms
3rd – No quartering of soldiers
5th – No double jeopardy
7th – Right to a civil trial
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Equal Protection Clause
Constitutional guarantee that everyone be treated equally-14th amendment
Jim Crow Laws
Laws designed to enforce segregation of blacks from whites
Defense of Marriage Act (DOMA)
(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage
How the Thirteenth, Fourteenth, and Fifteenth Amendments helped to end slavery and grant equal protection and voting rights.
13th – Freed slaves
14th – Made African Americans citizens
15th – African Americans right to vote
Events that led up to the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
Legal victories such as Brown v Board of Education of Topeka, Browder v Gayle, Loving v Virginia, Jones v Mayer Co. set the stage for the Civil Rights Acts that would follow.
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Describe the Civil Rights Act of 1964 and the Voting Rights Act of 1965
Civil Rights Act of 1964 – Outlawed discrimination based on race, color, religion, sex or national origin.
Voting Rights Act of 1965 – Prohibits racial discrimination in voting.
Women’s Suffrage
Women’s right to vote
Explain how women gained the right to vote with the Nineteenth Amendment
The nineteenth amendment held that the right to vote could not be abridged on the basis of sex rather than race.
Outcome and significance of Roe vs. Wade
A woman had the right to terminate a pregnancy in the first trimester.
Several theories of media bias
Hypodermic theory – Info is shot into receiver’s mind
Minimal Effects theory – Media has little effect on citizens and voters
Cultivation theory – Media develop’s a person’s view of the world.
Framing and Priming
Framing creates a narrative while priming predisposes the viewer or reader to a particular perspective
Pack journalism
A method of news gathering in which news reporters all follow the same story in the same way because they read each other’s copy for validation of their own.
Media’s role in setting the agenda
increased media attention on a certain issue increases salience among citizens, the citizens then pressure the government to take action
How media uses first amendment
Media acts as informants and messengers
Slander and Libel
libel – written form of character defamation
slander – spoken form of character defamation
Prior restraint
The limited ability of the government to stop the release of information to the public.
Sunshine Law
A law prohibiting public officials from holding meetings not open to the public
Media as political watchdog organization
Monitors the conduct of government officials and reporting on the ethics of the political process
Public Opinion
What the public thinks about a particular issue or set of issues at any point in time
Political socialization process
New generations are induced into political culture, learning the knowledge, values and attitudes that contribute to support the political system.
Why is it an important process? The quality of public communication directly impacts the quality of our democracy and society at large
Socialization agents impact on political attitudes
Political information that is intended to help citizens understand how to act in their political system and how to make decisions on political matters.
political spectrum
range of political views
Heuristics
Mental shortcuts or “rules of thumb” that often lead to a solution (but not always).
Research
The systematic study of materials and sources in order to establish facts and reach new conclusions.
Demographics
statistical data relating to the population and particular groups within it.
Bandwagon effect
Media pays more attention to candidates who poll well during the fall and in the first few primaries
Horse-race journalism
Just like an announcer at the racetrack, the media calls out every candidate’s moves throughout the presidential campaign
Mandate
More than half the popular vote