Federalist argument in support of Constitution
Strong national government better for national defense and economic growth
What concept was referenced when James Madison wrote “Ambition must be made to counteract ambition”
Separation of power and checks and balances
The supreme court can declare actions by the executive branch unconstitutional
Judicial check on the executive branch
Goal of new Federalism
Decentralize policy to enhance administrative efficiency and reduce overall public spending
Major difference between articles of confederation and the constitution
Articles of confederation did not provide for a national judiciary
Why did framers design the government under the articles of the confederation with a Congress
Wanted a government based the representation of the population
Great compromise between the virginia plan and the new jersey plan established
A two-chamber congress (legislature) with equal rep in one chamber and proportional rep in the other
New jersey plan: give states with large and small populations equal representation
Virginia plan: establish a bicameral legislature
Three-fifths compromise
Slave states count three-fifths of their enslaved population for the purpose of representation
Who drafted the bill of rights and submitted it to congress
James madison
Why did colonists oppose being taxed by Great Britain
They did not have elected representatives in the house of commons
Presidential power under the Constitution
Appointing judges
What protects against president using powers for personal gain
Congress can impeach a president
22 ammendment
Established term limits for the president
executive agreements
Establish agreements with foreign countries without congressional approval
- used in international relations
Implied powers of Congress
Congress passes a law to raise minimum wage
Individual members of Senate have more power than members of the house of representatives
There are less Senate members that House of Representatives members
Equal proportions method of congressional appointment
Congressional districts are drawn in order to maintain similar numbers of voters in each district
Process of bills becoming laws in congress
Bills change significantly through house and senate revisions
Power reserved for states
Conducting elections
10th amendment
Allows states to reserve powers
In the bill of rights to calm anti-federalist fears by reserving powers for the states
Gibbons vs Ogden supreme court case
A loose constructionist interpretation of the commerce clause
Marbury vs Madison case
Established principle of judicial review (supreme court decided they could deem a law unconstitutional)
- argued only constitution can five supreme court original jurisdiction not congress
- confirmed judiciary as seperate branch of government
- established judicial review
How many federal appellate courts exist in the US
13
How many sitting justices are on the Supreme Court
9
How do most states award votes in the electoral college
The candidate who wins the popular vote in the state gets all the electoral votes for the state
12th amendment
Provides the separate election of the president and vice president
- needed because Jefferson (presidential candidate), and Burr received the same amount of electoral votes
Campaign adds in primary elections
- often try to raise name recognition of candidate
- only mention their party
- encourage people to vote
- aimed at their party voters
How are elections in the US Senate conducted
One-third of the Senate seats are up for election every two years
What election cycle event allows local party members to select their delegates for a presidential election?
A caucus
Federal Election Comission of 1970s
Ensure transparency in campaign financing
Policy promoted by public interest groups
Funding for public schools
True of interest groups but not of political parties
Interest groups are focused on a single issue
Why is it difficult to measure the influence of interest groups?
They support law makers who would have likely supported the groups issues anyway
Citizen’s United vs Federal Election Commission
Allowed super PACs to accept and spend unlimited amounts of money for or against political candidates
Buckley vs Valeo
Spending on political campaigns constitutes political speech that is protected by the first amendment
What type of person is far less likely to vote
Those with low income jobs
What is required of states under the 1993 National Voter Registration Act? (Also known as Motor Voter act)
Requires states to let cotizens register to vote when they get their drivers liscence
Voting decision representative of a voter casting a ballot based on a candidates previos vote on a tax cut
Retrospective
Furman vs Georgia
A jury must be used to make factual determinations to base a death penalty on
Miranda vs Arizona
Law enforcement officials must inform people suspected of crimes of their constitutional rights
Mapp vs Ohio
Evidence obtained without a warrant that does not fall under the exception rule is not admissable
6th amendment
- a person can enter into a plea bargain to be convicted of a crime without a jury
Right to an attorney and a fair trial
7th amendment
The rights of individuals engaged in civil disputes
Right to a trial by jury of ones peers
Plessy vs Ferguson
Racial segregation by establishing the “seperate but equal” doctrine
In what cases would the supreme court use the standard of strict scrutiny?
Cases that restrict fundamental rights of protected classes
Brown vs Board
Plessy vs ferguson was deemed unconstitutional because it violated implied protection rights under the ninth amendment
Free exercise clause of constitution
Freedom of religion
Cohen vs California
Symbolic speech to express political opinions is constitutionally protected
Texas vs Johnson
Flag burning is constitutionally protected political speech
Gillette vs United States
A person must be opposed to all wars and not just a particular war to claim conscientious objector status
Obergefell vs Hodges
A right to Same sex marriage
Same sex married couples have the same rights as other couples
Roe vs Wade
Privacy that protects a womans right to terminate a pregnancy
19th amendment
Women have the right to vote
The freedom of informations Act
Requirement that the executive branch provides information to private citizens and news outlets
Principle of prior restraint
The government can prevent some information from being published if it affects national security
Presidents use mandates after an election to
Use public support to implement campaign promises
Bandwagon effect on american politics
News media agencies provide more coverage of candidates leading in polls
Powers Of Congress/ Legislative Branch (7)
Enumerated Powers:
- tax citizens
- borrow and coin money
- regulate commerce
- declare war
- give advice and consent
- impeach president and judicial officials
Implied Powers:
- oversee powers of judicial and executive
- example: Congress passes a law to raise minimum wage
3 Types Of Powers
- Enumerated (power stated in the constitution)
- implied (not stated in the constitution but implied as necessary)
- inherent (assumed to exist as a result of a countrys existence)
Congress Oversight
- Right to review and monitor other bodies of government
- is not an enumerated power, but is implied in Article 1
- implied power
Necessary and Proper clause
Congress must make laws which benefit the country, such as changing minimum wage, regulating banks, and allowing the construction and maintenance of interstate highways
Commerce clause power of Congress
- commerce can “regulate commerce with foreign nations, states and indian tribes”
- requiring bus lines serve all customers equally
- very broadly interpreted, forming much of congresses modern day economic regulation
Federal income tax:
Required the ratification of a constitutional amendment, after the supreme court ruled that a previous attempt to tax income was unconstitutional
Major difference between congressional budget committees and appropriations committees
Budget committees set overall spending limits, appropriation committees recommend specific fund allocation
Power over war and Peace
Shared by president and both houses of congress
Impeachment
A formal accusation of treason, bribery or other high crime/ misdemeanor made by the House before a trial is held in the senate
Process: House investigates an offense
- majority vote, impeached
- senate holds trial
- majority vote, impeached
Checks and Balances
- Each branch can restrain the others through a system of shared powers
Enumerated powers of congress that are responses to weaknesses in the articles of the confederation
AoC could not establish common currency or promote and regulate trade between states
- power to regulate commerce
- exclusive power to coin money
Alexander Hamilton
Wanted a very powerful presidency, founding fathers wanted a president powerful enough to lead in an emergency
Why do presidents give state of the union message?
The message is required by the constitution
Evolution of presidency in the US
- 1787 established a Presidency
- electoral college as a way to elect and re elect
- constitution defines duties
- impeachment process built in to constitution
- 12th ammendment pairs a candidate with a running mate
- 1921 budget and accounting act, executive branch forms a budget
- 22nd ammend limits pres to 4 years, 2 terms
- expansion of duties: each president contributes to the office
Why do presidents have a lot of power?
Because of the power and size of the US
Presidential power to block legislation
President has power to veto legislation but congress can overide the veto
Presidents who were subjected to impeachment
Andrew Johnson, Bill Clinton, and Donald Trump (all were impeached but none were removed from office)
Splitting the Congressional vote
- big states avoid splitting their votes
- maine was first nebraska was second
Monroe Doctrine
Discouraged European powers intervening in the affairs of Western hemisphere nations
Executive Privelege
President can withold information from congress
State of the Union Address
Constitution requires it
Evolution of federal judiciary
- federal judiciary is created in article 3 of constitution
- judiciary act first session of congress laid the framework for basic structure
- marbury vs madison develops judicial review
Powers of Federal Judiciary
- interepret the law
- determine constitutionality
- apply law to individual cases
Original jurisdiction and appellate jurisdiction
Original = court has the right to hear the case first Apellate = court hears a case from original
Appellate jurisdiction ex: a law alleged to violate constitutions protection of free speech
McCulloch vs Maryland
Determined that the line “necessary and proper” allowed congress to establish a national bank
Established a loose, constructionist view of the necessary and proper clause
Stare decisis
Requires courts to follow historical cases when making a ruling on a similar case
Precedent: principle or rule established in an earlier court case
The supreme courts precedents are treated as established law
Strict vs loose interpretation
Strict is to follow exactly how the constitution states it, loose is to interpret the text
Judicial activism
Courts should go beyond the constitution to consider societal implications of decisions
Opposition: the intrusion into democratic politics of unelelected, and therefore unaccountable, judges
Dickerson vs United States
Supreme court ruled that congress could not override miranda ridea
Supreme court is limited by
The need for the other branches or states to carry out their decisions
Powers (4)
Expressed (in constitution)
Ex. Congress is given authority to determine rules for military in article 1 of constitution
Implied (not stated but implied in constitution)
Ex.congress decided it was within authority to create a national bank
Reserved (individual state powers)
Ex. It is faster to get a marriage license in nevada than in maryland
Concurrent (state and federal)
Ex. You pay federal and state taxes
Supremacy Clause
Limit state power
Ensures that the national government remains the supreme authority
Constitutional act of congress trumps state legislature
Full Faith and Credit Clause / Priveleges and immunities clause
Clauses that seek to limit the power of the states
Missouri vs Holland
A states hunting laws could not supersede the federal laws on hunting. Exercise of the supremecy clause
Civil Rights
- requirements for governments to act in a particular way
- part of a social contract by definition
- expectations for how government must treat us
Civil rights vs civil liberties
Civil liberties are rights provided by the constitution, civil rights are rights granted to protect people from discrimination
Discrimination
- the differential treatment of groups based on their characteristics
- is allowable by courts if it has a rational reason
13th, 14th, 15th, 19th, 24th, 26th ammendments
13- abolition of slavery
14 - states must respect the privileges and immunities of US citizenship and citizenship of newly freed slaves
15 - voting rights of racial minorities
19 - right of women to vote
24-you can vote even if you dont pay taxes
26 - right of 18+ yos to vote
16th ammendment
Income tax
ADEA vs Age Disrimination Act of 1975
Adea prohibits employment discrimination, Age of discrimination protects from discrimination in places recieving federal funding
ADA and the Rehabilitation Act of 1973 (section 504)
Require reasonable accomodations with those who have in employment and education
Civil Rights Act of 1964 prohibits descrimination based on
Of Race, color, national origin, sex and religion
In public accompdation and education
Fair housing act prohibits descrimination based on
Race, national origin, and religion
Voting rights act of 1965
Supports 15th and 24th amendments
Civil liberties derived from bill of rights
Things the governemnt arent allowed to do
Difference between civil liberties and civil rights
Civil liberties are the protections from the governments, civil rights are protections by the government
What types of cases would supreme court use the rational basis test?
Cases involving discrimination that do not involve protected classes
Brown vs Board of Education in Topeka
Segregated educational institutions violated the equal protection clause of the 14th ammendment
Gideon vs. Wainwright
Poor defendants must be provided legal counsel
Lemon vs Kurtzman
Supreme court rules pennsylvania program that helped fund salaries of parochial schools unconstitutional because it violated the establishment clause due to excessive government entanglement with religion
State of Board Education vs Barnette
A school cannot force a student to salute the flag if its against their religion
Miller vs California
Standards of obscenity The miller obscenity test - is overtly sexual - sexual conduct of excretions - lacks artistic, scientific, or political values
Supreme court lemon Lemon test
(Whether a law promoting a particular religious practice should be allowed to stand)
- law must have a secular purpose
- must not lead to government entanglement with religion
- must neither inhibit not advance a religious practice
United states vs miller
Congress can regulate firearms that are not regularly used by the military because of an interpretation of the second amandment clause “well regulated militia”
Griswold vs conneticut
Married couples have the right to buy and use birth control
Effect of the census on congress
Called apportionment: representation in the House based on census
Congressional appropriations committees
-
States power to tax
Concurrent power
Why does the president make recess appojtments?
To fill cabinet vacancies while bypassing senate approval
US court system
A dual system with a federal court system and courts in each state
4th ammendment
You need a warrant to search a house, and you cant take person property
Protection from search and seizure
1st Amendment
Freedom of religion, speech, press, assembly, and petition
2nd Ammendment
Right to own weapons
3rd Ammendments
Cant be forced to keep soldiers in your home
5th ammendment
People accused of crimes get fair treatment
8th amendment
Prevents excessive bail and cruel and unusual punishment
The principles underlying the declaration of independence were rooted in the writings of
John Locke
Social Contract Theory
Idea that consent on the part of those that are governed
Central organizing principle of articles of the confederation
State sovereignty
Conference committee
Legislators from both chambers (house and senate) create a compromise version of a differing bill
Judicial restraint
Judges defer their own power to elected officials (limit their own power)
Executive agreement
Foreign policy the president makes, must be approved by senate
What presidential power is virtually unchecked?
Power to pardon people of federal crimes
Incumbancy advantage
Standing political figure has an advantage over challengers
Cohen vs california
“Fuck the draft” jacket
Free speech can only be restricted under extreme circumstances
Cultivation theory
Exposure to media, over time creates a viewers perceptions of reality
Enumerated powers of congress
Power to declare war and regulate interstate commerce
Executive agreement
Only president and and foreign leader need to approve an executive agreement
How are number of electoral votes calculated?
Number of representatives and senators serving each state
Disadvantage of our current presidential primary process?
The media focuses on candidates who do well early on in the process, influencing the outcome of future primaries
Citizens United vs FEC
Opened the door for corporations to spend unlimited amounts of money on behalf of candidates (but not direct give to them)
Strict Scrutiny
The process the supreme court would use if african american student believed an admissions test was unfairly stacked against them
Horserace journalism
Focus on polling data and public perception instead of actual policy