Professional Documents
Culture Documents
Constitutional Underpinnings
Articles of Confederation – First American attempt at making a running independent
government. Ratified in 1781 after the revolutionary war. All 13 states agreed to this article.
Weaknesses – Federal government had no power to enact or enforce their laws. Also made it
very hard to raise a military as the federal government had to rely on states militia which were
always hesitant to lend to the president.
Constitution
Strengths/Improvements (over the A of C)
Gave federal government far more power
Ensured certain rights to citizens
Checks and balances
Review various checks and balances found in our government
Legislative has power to impeach
Executive has power to veto legislative
Legislative can overturn an executive veto
Judicial interprets the constitution and checks over both
Executive appoints judges to the judicial, but has to have them voted in from legislative
Division of Powers
Look up
Separation of Powers
Look up
Debate between Federalists and Anti-Federalists
Federalists supported strong federal government that looked over states
Anti-federalists wanted a confederation to control the government w/ individual states
having the most power
Federalism
Belief that the federal government should look over states with checks from three federal
branches
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Federalist Papers
10 Written by James Madison, states that factions are groups of citizens, and can be
both dangerous and necessary. Madison believed that factions are unavoidable because men, by
nature, seek out other men who hold similar opinions and desires. However, he feared factions
that held negative ideals and worked against the best interests of society.
51 Written by James Madison, states and defends the checks and balances system in
the Constitution. Each branch of government is framed so that its power checks the power of the
other two branches; additionally, each branch of government is dependent on the people, who are
the source of legitimate authority.
78 Written by Alexander Hamilton, tells In Federalist No. 78, Hamilton said that the
Judiciary branch of the proposed government would be the weakest of the three branches because
it had "no influence over either the sword or the purse ...It may truly be said to have neither
FORCE nor WILL, but merely judgment." Federalist No. 78 quotes Montesquieu: "Of the three
powers [...], the judiciary is next to nothing." There was little concern that the judiciary might be
able to overpower the political branches; since Congress controlled the flow of money and the
President the military, courts did not have nearly the same clout from a constitutional design
standpoint. The Judiciary would depend on the political branches to uphold its judgments. Legal
academics often argue over Hamilton's description of the judiciary as the "least dangerous"
branch. Hamilton also explains how federal judges should retain life terms as long as those judges
exhibit good behavior.
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Article I
Commerce Clause
- States that congress can control all commerce inside and outside of the country, this
is used in multiple court cases
Necessary and Proper Clause
- Often called the “elastic clause,” the necessary and proper clause simply states that
Congress has the power, “To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or Officer
thereof.”
Article II
The executive Power shall be vested in a President of the United States of America. He shall hold his Office
during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected,
as follows
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office
who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the
United States.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of
the several States, when called into the actual Service of the United States; he may require the Opinion, in
writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties
of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the
United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two
thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the
Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all
other Officers of the United States, whose Appointments are not herein otherwise provided for, and which
shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Article III
The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as
the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior
Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a
Compensation, which shall not be diminished during their Continuance in Office.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of
the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting
Ambassadors, other public ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to
Controversies to which the United States shall be a Party;-to Controversies between two or more States;-
between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the
same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and
foreign States, Citizens or Subjects.
Treason against the United States, shall consist only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of
two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Amendment Process – 3/4ths of the state must affirm the proposal and 2/3rds of the legislatures
of the senate
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Bill of Rights:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to
petition the government for a redress of grievances.
Amendment II
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and
bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of
war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be
seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public
use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury
of the state and district wherein the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have
the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United
States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people.
Civil War:
The Thirteenth Amendment (proposed and ratified in 1865) abolished slavery.
The Fourteenth Amendment (proposed in 1866 and ratified in 1868) provides a broad definition of national
citizenship, overturning the Dred Scott case, which excluded African Americans. It requires the states to
provide equal protection under the law to all persons (not only to citizens) within their jurisdictions.
The Fifteenth Amendment (ratified in 1870) grants voting rights regardless of "race, color, or previous
condition of servitude".
Progressive Era
The 16th Amendment to the United States Constitution allows the Congress to levy an income tax without apportioning it
among the states or basing it on the United States Census
The 17th Amendment to the United States Constitution established direct election of United States Senators by popular
vote.
The 18th Amendment of the United States Constitution effectively established the prohibition of alcoholic beverages in the
United States by declaring the production, transport and sale of (though not the consumption or private possession of)
alcohol illegal.
The 19th Amendment to the United States Constitution prohibits any United States citizen from being denied the right to
vote on the basis of sex.
Other events and subsequent key amendments
20th - The 20th Amendment, which states a beginning date and an end date for Congress and the President and Vice-
president, put an end to a month’s long lame duck situation that proved to be a liability on several occasions, most
notably the beginning of the Civil War and the advent of the Great Depression.
21st - Ends Prohibition-gives state the right to allow making of and selling of alcoholic beverages
22nd- limits the term of President to 2 terms
23rd- allows citizens of Washington DC to vote for national elections – gives them electors
24th- ends the poll tax (a tax paid to vote) in federal elections
25th- identifies who will fill the positions of President and VP if these persons leave office or become unable to service
in office
26th- sets the voting age from 21 to 18
27th- says that any pay raise Congress votes for itself will not take place until after the next Congressional election
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Fundamental Rights
Habeas Corpus - a writ requiring a person under arrest to be brought before a judge or into court, especially
to secure the person's release unless lawful grounds are shown for their detention.
Bill of Attainder - an item of legislation (prohibited by the US Constitution) that inflicts attainder without
judicial process.
Ex Post Facto - a law that retroactively changes the legal consequences (or status) of actions that were
committed, or relationships that existed, before the enactment of the law.
Incorporation Doctrine - The incorporation doctrine is a constitutional doctrine through which the first ten
amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through
the Due Process clause of the Fourteenth Amendment.
Legislative Veto - In administrative law, a provision that allows a congressional resolution (passed by a
majority of congress, but not signed by the President) to nullify a rulemaking or other action taken by an executive
agency.
Original Intent Doctrine/Strict Construction - The theory of interpretation by which judges attempt to
ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was
understood at the time it was drafted and ratified.
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Civil Rights and Civil Liberties
Importance of the 14th Amendment (read it; think of various answers)
A: All people born or naturalized in the USA are citizens.
B: Citizens can vote for members of Government
C: Officers of the Law or Government can't undertake rebellion or be treasonous
D: The USA can take out debt to quash rebellion or pay pensions
E: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."
Importance of the 1st Amendment
Establishment Clause - the clause in the First Amendment of the US Constitution that
prohibits the establishment of religion by Congress.
Free Exercise Clause - Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise of religion.
Gitlow v. New York - The Fourteenth Amendment prohibits states from infringing free
speech, but the defendant was properly convicted under New York's Criminal Anarchy Law
because he disseminated newspapers that advocated the violent overthrow of the government.
African-Americans
Poll Tax - a tax levied on every adult, without reference to income or resources.
White-Only Primaries - primary elections held in the Southern United States in which
only white voters were permitted to participate
Grandfather Clause - a clause exempting certain classes of people or things from the
requirements of a piece of legislation affecting their previous rights, privileges, or practices.
Literacy Test – Test given to voters which barred them from voting if they could not
read. This predominantly effected African Americans as with the rest of these voter suppression
tactics.
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Criminals Rights
Key Rights - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by
an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause of the accusation
Key Cases - Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the United States
Supreme Court. In a 5–4 majority, the Court held that both inculpatory and exculpatory statements made in response to
interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the
defendant was informed of the right to consult with an attorney before and during questioning and of the right against
self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily
waived them. This case has a significant impact on law enforcement in the United States, by making what became
known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. The
Supreme Court decided Miranda with three other consolidated cases: Westover v. United States, Vignera v. New York,
and California v. Stewart.
Civil Rights
Voting Rights – Federal election provisions - An Act to promote fair practices in the
conduct of election campaigns for Federal political offices, and for other purposes.
Americans With Disabilities Act (ADA) – prohibits discrimination based on disability
(Why we have regulations on elevators/ramps)
Privacy Rights
Key Cases
Griswold V. Connecticut - Griswold v. Connecticut, 381 U.S. 479 (1965),[1] is a landmark case in the United
States about access to contraception. The case involved a Connecticut "Comstock law" that prohibited any person from
using "any drug, medicinal article or instrument for the purpose of preventing conception." The court held that the
statute was unconstitutional, and that "the clear effect of [the Connecticut law...] is to deny disadvantaged citizens [...]
access to medical assistance and up-to-date information in respect to proper methods of birth control." By a vote of 7–
2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy", establishing the
basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as a right
to "protect[ion] from governmental intrusion."
Constitutional Origin
- The First Amendment protects the privacy of beliefs
- The Third Amendment protects the privacy of the home against the use of it for
housing soldiers
- The Fourth Amendment protects privacy against unreasonable searches
- The Fifth Amendment protects against self-incrimination, which in turn protects the
privacy of personal information
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Public Policy
Review Iron Triangles - In United States politics, the iron triangle comprises the policy-making
relationship among the congressional committees, the bureaucracy, and interest groups.
Review Grants-in-Aid
What are they?
An amount of money given to a local government, an institution, or a particular scholar.
What do they teach us about who has the power?
The federal government holds the power
Review different types of grants (and know some examples):
Categorical -They are the main source of federal aid to state and local governments and can be used only
for specified categories of state and local spending like education or road developments. Categorical grants are
intended to help states improve the overall well-being of their residents, though they do give leverage to the Federal
Government.
Block - Is a large sum of money granted by the national government to a regional government with only
general provisions as to the way it is to be spent, in contrast to a categorical grant, which has stricter and specific
provisions on the way it is to be spent. The national debate in the United States regarding the effectiveness of block
grants has recently intensified as the United States Congress decides whether to convert Medicaid to a block grant
program.
Project – Grant given for research projects like vaccine research
Matching - Effective means of funding small projects, especially those with active
community support. The concept of a matching grant is simple; state or local governments
designate funds to go to particular types of projects.
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Review mandates:
Funded v. Unfunded - Funded Mandates is when the federal government give the
states money to help them do whatever they want them to do, that's a funded mandate. An
unfunded mandate is a statute or regulation that requires a state or local government to perform
certain actions, yet provides no money for fulfilling the requirements.
Review the different eras/types of federalism
Role of independents
They set political trends before they are popular. (Political hipsters)
Stages in the election cycle
Primary Election with party General Election
Delegates at the nominating convention v. average Americans
Delegates at conventions generally are far better informed politically and education wise
When do elections really reshape the political landscape and coalitions w/in the big tent?
When landslide victories occur, or other anomalies. (Ex: The Donald, My man Bernie)
Methods of influence by lobbyists
Promises of campaign contributions and other actions.
Single member districts
Defined - District that returns one officeholder to a body with multiple members such as a legislature. This
is also sometimes called single-winner voting or winner takes all.
Impact – This makes campaign tactics far more centered on campaigning in areas where you know you
can win instead of campaigning for other places where you will only win some votes.
Prevalence in US/World – The dumb electoral college
Explain each of the following influential roles of the media:
Horserace - Journalism is political journalism of elections that resembles coverage of horse races because
of the focus on polling data, public perception instead of candidate policy, and almost exclusive reporting on candidate
differences rather than similarities.
Watchdog – Journalism that watches over the people by keeping politicians in check by reporting on
things they do that may be controversial
Gatekeeper - process through which information is filtered for dissemination, whether for publication,
broadcasting, the Internet, or some other mode of communication.
PAC’s
What are they? – Political Action Committees that fund campaigns.
How do they lobby? – By pressuring candidates to support certain policy choices in exchange for
contributions. (Yeah, we live in a straight up oligarchy)
When created? Why created? – Created by companies or other organizations. Created to support
certain policy positions.
Categories of PAC’s with biggest influence/growth/numbers – Biggest category of PAC’s
is the Super PAC. Generally these fund candidates the most.
Voting terms:
Plurality - The number of votes cast for a candidate who receives more than any other but does not receive
an absolute majority.
Majority - Majority rule is a decision rule that selects alternatives which have a majority, that is, more
than half the votes. It is the binary decision rule used most often in influential decision-making bodies, including the
legislatures of democratic nations.
Open v. Closed Primary: Open = you can vote without party registration – Closed = you must be
registered to that party to vote.
Review trends seen in research about public opinion – Generally result in votes
Presidential approval ratings (trends) – As the administration goes on, generally the approval
rating diminishes
Differences
Term limit, House = 2. Senate = 4
Unique Constitutional powers of the House…..and of the Senate
House has to start bill, Senate Approves
Stare Decisis
- The legal principle of determining points in litigation according to precedent.
Writ of Certiorari
- Type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion.
The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari
orders a lower court to deliver its record in a case so that the higher court may review it.