C963 Study Guide
C963 Study Guide
- Thomas Hobbes
· Physical security
1- Social contract should protect the right to life.
- John Locke
· Quality of Life-
1- People have rights from God that the Government cannot take away. The
Social Contract should protect life, liberty, and property.
I can explain key elements of social contract theory including the state of nature,
natural rights, sovereignty, and consensual political rule.
- State of Nature
· How people may have lived before societies came into existence.
- Natural Rights
· "Basic human rights" we choose how we want to live.
- Sovereignty
· A person who has supreme power/ authority.
I can identify areas of the Constitution that are influenced by the enlightenment -
Locke's natural rights and Rousseau's social contract.
I can identify areas of the Bill of Rights that are influenced by the enlightenment
- Society and government are created to protect and advance natural rights.
I can identify areas of the Declaration of Independence that are influenced by the
enlightenment
- Key natural rights are life, liberty, and property in which we are individually and equally
entitled.
Lesson 4: The Articles of Confederation
- Limit the powers of the national government, which in return it provides greater state
sovereignty.
I can list the powers of the government under the Articles of Confederation
- No power to tact or interstate commerce or regulate trade. They could only request $$$
from the states.
- No national army or navy.
- No judicial or executive branches.
- Each state had 1 vote regardless or the size in congress.
- The articles could not be changed without an unanimous vote to do so.
- Unicameral
- State based (each state is equally represented)
- Small states are given the same power as larger states in the national legislature
- Legislature gave all states 1 vote each regardless of the population size
- Bicameral
- Population based (higher population=more reps.)
- Larger states would have more power than smaller states in the national legislature
- Legislature in which states received representation based on their population.
I can describe the major compromises that occurred during the Constitutional
Convention
- 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
- Government separated into three different branches: legislative, executive, and judicial
powers.
Three-Fifths Compromise
- Satisfied the concerns of the south over the counting of their slave population by
allowing 60% of slave population to be counted for state representation and tax
purpose.
- *** Northern and Southern states ***
- 5 slaves = 3 votes
I can describe the Federalist's views on the scope and power of the government
I can describe the Anti Federalist views on the scope and powers of the government
- Feared national government and believed in state legislatures. Believed strong federal
government would favor the rich over those of the "middle sort."
Federalist #10
- America is divided into groups that are in conflict others. The purpose of the
government is to make sure these group reach some sort of compromise.
Federalist #51
- In order to avoid the possibility of the government ignoring the rights of its citizens.
- Congress
· Legislative Branch
· 100 U.S. Senators / 2 senators per state
· 435 U.S. House of Reps- Reps are determined by state.
· Declares war on foreign countries
· Passes the national budget
· Makes laws
· Only congress can control international trade and trade among states.
- Legislative branch
· introduces and votes on a bill.
- Executive branch
· approves, signs, and bills become law
- Judicial branch
· law gets tested and if someone believes it is unfair, they can file a lawsuit.
- LEGISLATIVE BRANCH
· Only Congress can declare war.
· Presidential nominees must be approved by the Senate.
· Impeachment is made by 2/3 of the Senate
· Can override a presidential veto by 2/3 of the vote in chamber
· Control of funding activities of the executive branch
- JUDICIAL BRANCH
· Serves during good behavior to maintain independent of judiciary.
· Can overturn actions of the president with Judicial review if the actions violate
the constitutions.
- EXECUTIVE BRANCH
· Can veto Legislation.
· Can use executive orders and agreements.
· Negotiates treaties.
- JUDICIAL BRANCH
· Can influence laws by interpretation
· Serve during good behavior to maintain independence of judiciary
· Can overturn acts of Congress as unconstitutional if they violate the law
- EXECUTIVE BRANCH
· Nominates judges.
· Power of pardon
- LEGISLATIVE BRANCH –
· Senate must approve judges and justices
· Controls jurisdiction of the courts
· Determines the size of Supreme Court
· House can impeach judges and Senate can remove them by 2/3 vote
- 1st - Two levels of government: National government (war, federal jobs, property
banking, insurance) and State government (licenses, education, elections)
- 2nd - No changes to be made to the constitution
- 4th - Conflicts between states and federal government are adjudicated by federal courts
with U.S. Supreme Court being the final arbiter
Advantages of Federalism
Disadvantages of Federalism
- $$$$
- Voters are less willing to pay to avoid problems when negotiating consequences occur
in another state
- Every state needs educational, transactional dept, Medicaid, unemployment benefits, a
host of other jobs = cost $$$
I can define the three types of Congressional powers including implied, enumerated,
and inherent powers.
- Implied Powers
i. Not in the constitution but it is necessary for national government.
1. Ex: Minimum wages, maximum hours worked, federal aid programs, etc.
- Inherent Powers
ii. Exist due to the country’s existence.
1. Ex: Immigration, borders, expands territories, etc.
- Enumerated Powers
i. Powers in the constitution.
1. Ex: Declare war, lay and collect taxes.
- Implied Powers
i. Regulates banks
ii. Minimum wage
- Inherent Powers
i. Borders
ii. Countries defense
- Enumerated Powers
i. Declares war
ii. Collection of taxes
iii. The Congress shall have Power to lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defense and general
Welfare of the United States; but all Duties, Imposts and Excises shall be uniform
throughout the United States.
- Reapportionment
i. Redistribution of seats in the U.S. House of Representatives based upon
population change.
- Redistricting
i. Redrawing of district lines to adjust for census changes.
- Gerrymandering
i. Drawing of electoral boundaries to favor a particular party.
I can explain the ruling in, and significance of, the Supreme Court case Miller v.
Johnson.
- Miller v. Johnson
i. Race is not the "dominant and controlling motivation in redistricting."
Presidential duties/power
- the power to veto legislation
- commander in chief
- preparing the budget to send off to Congress.
- Signs statements, power of removal and pardon, appoints federal judge's executive
orders (limits- court rulings, successor reversal.)
- Executive agreements are used in international relations.
- They are agreements with foreign leaders.
I can explain how presidential powers are limited by the system of checks and balances
- Judicial
i. Declare presidential acts unconstitutional.
- Legislative
i. Controls budget, presidential impeachment.
I can describe the transfer of presidential powers from one administration to the next
I can describe the conditions that must be met in order to make a recess appointment
- Must occur when the senate is NOT in session, the president then has the ability to put
someone in office.
I can describe the evolution of the federal judiciary in the United States
- Original jurisdiction
i. A case that is heard for the first time.
I can explain how Marbury v. Madison was the key case for the full development of
judicial review by the Supreme Court.
- Marbury v. Madison
i. In 1789 the Judiciary Act was passed by Congress in which full system of federal
courts were established.
I can describe the impact of the decision of the Supreme Court in McCulloch v.
Maryland
- McCulloch v. Maryland
i. Maryland was trying to tax the national bank and Supreme Court ruled that
federal law was stronger than the state law
- Stare decisis
i. Reliance on previous decisions and established precedents, and it also means to
let the decision stand.
- Loose interpretation
i. Constitution can be changed
- Strict interpretation
i. How strictly constitution should be read
- Judicial activism
i. Supreme court makes ruling that overturns a law of congress or of a president.
- Federal Courts
i. Hears cases involving "federal question" involved constitution, federal laws or
treaties, or a "fed party" in which U.S. government is a party to the case.
ii. Hears Civil & Criminal matters
iii. Hears "interstate" matter, diversity of citizenship involving parties of 2 different
states or U.S. citizen and another nation.
- State Courts
i. Hears most day to day cases approx. 90% of all cases.
ii. Hears both civil & criminal matters.
iii. Helps states retain their own sovereignty in judicial matters over their state laws,
distinct from national government.
I can explain the differences between expressed, implied, reserved, and concurrent
powers.
- Expressed Powers
i. Powers of the National Government
- Implied Powers
i. Powers of the National Government that are not written in the constitution.
- Reserved Powers
i. State powers only
- Concurrent Powers
i. National and State government shared powers
Examples of...
- Expressed Powers
i. Raise an Army
1. (establishing a draft to raise and Army, develop new armored tanks, and
construct military bases)
ii. Collection of taxes
1. (establishing the IRS and national bank, punishing those who fail to pay
taxes)
iii. Regulate commerce
1. (prohibition of importation and exportation of certain goods.)
- Implied Powers
i. Minimum wages
ii. Maximum working hours
iii. Federal aid programs
- Reserved Powers
i. Marriage, divorce, adoption laws.
ii. Speed limits
iii. Conducting elections
iv. License requirements
- Concurrent Powers
i. Defining crimes
ii. State's levying a tax on alcoholic beverage
I can explain how the Constitution grants supremacy to the national government with
the Supremacy Clause.
I can explain the purpose of the Full Faith and Credit clause and the Privileges and
Immunities clause.
- Full Faith and Credit clause and the Privileges and Immunities clause
i. Article IV, Section 1 Requires the states to accept court decisions, public acts,
and contracts of other states. Adoption or licenses is valid in all states, and
marriage certificate.
1. For ex; if I were to get married in Hawaii it must be valid in WA State.
I can explain how Gibbons v. Ogden and McCulloch v. Maryland illustrate how the Supreme
Court expanded the power of the national government through the Necessary and Proper
Clause’s implication of expanded powers, the Supremacy Clause, and the expressed power of
Congress to regulate commerce.
- Gibbons v. Ogden
i. Supreme Court
1. Congress has the ability to regulate interstate commerce.
- McCulloch v. Maryland
i. Supreme Court can establish a national bank states cannot tax national banks.
I can identify some of the differences between the House of Representatives and Senate,
including constitutional eligibility, term lengths, and number of members.
- Senators must be
i. 9 years in the U.S. & 30 years old
ii. Term: 6 years
iii. 2 senates for each of the 50 states.
I can explain how the structural differences between the two-year term of a member of
congress and the six-year term of a senator forces the House of Representatives and Senate
to function very differently
- House of Representatives
i. Higher Partisanship
ii. Answers to constituents' demands regularly (2 years)
iii. Seeks narrow interest of smaller groups of constituents
iv. Disagrees with same party because of specific district demands
v. Deals with popular/ fleeting demands faster
vi. Requires stronger structured leadership
- Senate
i. Lower Partisanship
ii. Takes longer time before they answer to constituents (6 years)
iii. Maintains a broader view to retain majority support from constituents across a
state.
iv. Slows down or stops legislation
v. Requires less structured leadership
- Citizens United v. Federal Election Commission - Led to the removal of spending limits
on corporations.
I can explain how congressional campaigns are funded in the United States, including
important reforms that have shaped the process.
- Hard money
i. Directly for the candidate and campaign to spend.
- Soft money
i. Given to political parties for party building activities.
- Safe state
i. States in which presidential campaigns are certain they'll either win or lose.
- Swing state
i. States that have yet to make up their mind.
Lesson 5: Interest Groups
- Interest groups
i. A group of organizations or individuals that attempt to influence government
decision on the making of public policy.
1. Ex; National Right to Life -> abortion group.
- Public interest
i. Promote interests for the collective or the greater good.
1. Ex: Public Safety
- Private interest
i. To gain particularized benefits for specific interest.
1. Ex: Corporate tax breaks.
I can explain how interest groups seek to influence elections by contributing money to
election campaigns.
- Legislative strategy
i. Interest groups donate to try and influence the choices a legislator makes.
ii. Give money to have access to a representative.
- Electoral strategy
i. Groups work hard to re-elect candidates who already support their preferred
position.
- PACs
i. Can’t give more than $5000 p/year. Collection of money to donate to or against
candidates or issues.
- Super PACs
i. No limit
I can describe how the Supreme Court’s decisions in Buckley v. Valeo and Citizens
United v. Federal Election Commission affected campaign funding.
- Cannot directly donate but can fund an ad focused on a federal candidate/ campaign.
I can describe several strategies used by interest groups to influence the actions of the
government.
- 1st: Target lawmakers they think will support or introduce their preferred policies.
- 2nd: They target members of relevant committees.
- 3rd: Interest groups target lawmakers when legislation is on the floor of the house or
senate.
I can describe strategies used by interest groups to increase voter turnout and
influence voters
I can explain how state-run elections result in somewhat different election rules.
- Election rules vary by state because they each have their own requirements.
- Registering online, fill out an application, look out for voting timelines,
I can explain how some voter registration requirements have historically disenfranchise
African Americans.
- African Americans no longer need to participate in literacy test to vote. Poll taxes
required to pay a fee to vote (mainly targeting AA) 24th amendment took away poll
taxes requirement.
I can explain how voting laws and amendments have influence political participation.
- They both have surpassed barriers that minority groups were experienced.
- Counts how many ballots were casted. Next, count how many people have voted in the
same election.
- Civil Liberties
i. Protections from the Government. What the Government CANNOT take from us.
1. Such as; purchases, occupation, religion, marriage, free speech, vote,
right to privacy.
- Civil Rights
i. Equal social opportunities and equal protection under the law, regardless of race,
religion, or other personal characteristics.
ii. 13th, 14th, 15th amend.
1. Right to vote, fair trial, public education.
I can explain the 13th, 14th, 15th, 19th, 24th, and 26th Amendments
I can describe the struggles African Americans and other groups have faced in securing
civil rights = equality under the law.
- 2. Intermediate Scrutiny
i. a. If the law's classification scheme is based on gender or on the legitimacy of
children
ii. b. According to this standard, the law is constitutional only if it is substantially
related to an important government objective
- 3. Strict Scrutiny
i. When fundamental freedoms or (suspected classes) of persons are the targets of
discrimination. (race and ethnicity)
I can trace the roots to the Civil Rights Movement prior to 1954.
- Prior to 1954: Civil Rights of African Americans and women- denied the rights to vote
and equality.
- Brandenburg v. Ohio
i. Government restricted from punishing speech in the absence of "imminent
lawless(ness)"
- 4th Amendment
i. Freedom from unreasonable searches and seizures
- 5th Amendment
i. The Right to Remain Silent/Double Jeopardy, right to due process
- 6th Amendment
i. Right to a speedy trial
- 8th Amendment
i. No cruel or unusual punishment, and protection against excessive bail or fines.
- Establishment Clause
i. The government will NOT establish a specific religion.
- Lemon v. Kurtzman
i. Government cannot give taxpayer money to private religious schools.
- Sherbert v. Verner
i. Government cannot interfere with one’s religious beliefs.
ii. Rational Basis Test
iii. Intermediate Scrutiny
iv. Strict Scrutiny
- Obergefell v. Hodges
i. The case made it clear that all the states had to recognize same-sex marriages
and issue licenses to couples seeking one.
- Mapp v. Ohio
i. Evidence illegally gathered by the police may not be used in a criminal trial
- Miranda v. Arizona
i. The accused must be notified of their rights before being questioned by the
police
- Gideon v. Wainwright
i. A person who cannot afford an attorney may have one appointed by the
government
- Roe v. Wade
i. Legalized abortion on the basis of a woman's right to privacy
- Griswold v. Connecticut
i. Established that there is an implied right to privacy in the U.S. Constitution
- Texas v. Johnson
i. First Amendment/Freedom of Speech/symbolic speech - flag burning is protected
speech.
- Cohen v. California
i. 1st amendment denies government the power to prohibit speech just because it
is "offensive"
- Miller v. California
i. Holds that community standards determine what obscenity is
I can explain how the court system uses strict scrutiny, intermediate scrutiny, and the
rational basis test.
- In order to determine if a law that discriminates has a legitimate purpose, the court
system uses strict scrutiny, intermediate scrutiny, and the rational basis test.
- Plessy v. Ferguson
i. Separate but equal
I can explain influence of the Defense of Marriage Act (DOMA) and related cases
including United States v. Windsor and Obergefell v. Hodges.
- Obergefell v. Hodges
i. States obligated to recognize same-sex marriage from other states.
I can describe the events that led up to the Civil Rights Act of 1964 and the Voting
Rights Act of 1965.
I can explain how women gained the right to vote with the 19th amendment.
- Through mass demonstration, protestation, campaigns to hold sex from husband, much
activism, to get women to vote.
- Media –
i. # of different communication formats.
- Mass media –
i. Designed to communicate info and entertainment to the general public.
- Public relations –
i. Communication carried to improve the image of companies, organizations, or
candidates for office.
- hypodermic theory
i. info is "shot" into the receivers mind and readily accepted
- Cultivation theory
i. Media develops ones view of the world by presenting a perceived reality.
I can define and provide examples of framing and priming and defining pack journalism
- Framing
i. the power of the media to influence how events and issues are interpreted
- Priming
i. Predisposes readers/ viewers to think a particular way.
1. Ex: Unemployment, homelessness = bad economy.
- pack journalism
i. Journalist who cover same stories as everyone else... instead of their own.
I can describe the media's role in shaping opinion and political discourse.
- Freedom of the press has not been taken by the courts as granting protection to source
confidentially.
- Media allows citizens to become informed, media informs the citizens their right to
petition against government.
- Fascism
i. Total control of the country by the ruling party or political leader.
- Authoritarianism
i. Leaders control the politics, military, and gov. of the country.
- Traditional conservatism
i. Believes that gov. provides the rule of law and maintains a safe and organized
society.
- Modern conservatism
i. Elected gov. guards against individual liberties; prefers a smaller government
that stays out of the economy.
I can explain how people rely on heuristics to form an opinion on a given candidate
- Geographic location
- Workplace
- Age
- Gender
- Race
- Religion
- Community
horse-race journalism
- Media calls out every candidate move throughout the entire presidential campaign.
I can describe the conditions that must exist for a mandate to occur.
- Majority of the popular vote and high approval ratings among the public.
I can explain how political actors and policy are influenced by public opinion.
- Popular legislators have increased popularity to get stuff done.