American Politics and the US Constitution - C963

American Politics and the US Constitution - C963 Social Contract Agreement with people and gov, citizens consent to be governed as long as gov protects their natural rights State of Nature An acknowledged fiction: A theory on how people might have lived before societies came into existence 00:3101:24 Open Primary Election Party-nominating election in which any qualified voter can take part Natural Rights The right to life, liberty, and property; believed to be given by God; no government may take away Sovereignty Full right & power of a governing body over itself, without any interference from outside sources or bodies Consensual Political Rule Social Contract based on consensus (implies uniformity) Social Contract breaks down, results in inequality Enlightenment A period of Western European history following the Middle Ages. The source of our ideas about natural rights. Powers of Government Under the Articles of Confederation (1) Borrow and Coin Money (2) Declare War (3) Make Treaties/Alliances with Other Nations (4) Regulate Trade with Native Americans (5) Settle Disputes among States Weaknesses of the Articles of Confederations (1) Couldn't Impose Taxes on Citizens (2) Couldn't Regulate Foreign Trade/Interstate Commerce (3) Couldn't Raise an Army (4) Each State had only one vote in Congress regardless of its size (5) Articles could not be changed without a unanimous vote to do so (6) There was no national judicial system New Jersey Plan Vs. Virginia Plan Major Compromises During the Constitutional Convention Federalist's Vs. Anti-Federalist Federalists (Big Government) * YES Constitution (YES Ratification) * YES Strong Central Government * NO Bill of Rights * Who: Elites, property owners, merchants, upper class Anti-Federalists (Small Government) * NO Constitution (NO Ratification) * NO Strong Central Government * YES Bill of Rights * Who: Small farmers, shopkeepers, debtors, common folk 00:1901:24 Purpose/Arguments In Federalist #10 Purpose: Ease fear of power of factions, encourage citizens to promote liberty of opinions and ideas. Argument: No need to fear factions because country's large diversity would not allow development of political interest groups. Argument: Representative government would be the best way to control against the detrimental effects of factions Purpose/Arguments In Federalist #51 Purpose: Ease fear of gov abusing power with separation of powers and checks and balances. Argument: Anti-Federalists feared gov would be too powerful, leading to tyrannical gov that would abuse power & people Gerrymandering The re-drawing of electoral districts to give an advantage or disadvantage to either a particular political party or group Census A population count. The United States completes a census every 10 years. Its population determines each state's number of seats in the House of Representatives. Reapportionment The reallocation of seats in the House or Representatives based on changes in a state's population since the last census. Executive Order Force of law. Don't need congressional approval. Executive Agreement Agreements made with foreign countries. Don't require Senate approval Recess Appointment & Its Purpose An appointment by the president of a federal official when the Senate is in recess. Purpose: To give president power to temporarily fill vacancies during times when Senate was not in session and could not act Original Vs. Appellate Jurisdiction Original Jurisdiction: Court hears cases for the first time Appellate Jurisdiction: Court hears cases on appeal Stare Decisis Reliance on previous decisions and established precedents; meaning "let the decision stand" Strict Vs Loose Interpretation Strict Interpretation: Based on idea that government can only do those things which are specifically mentioned in the Constitution Loose Interpretation: Based in the idea that the Constitution gives the government the power to undertake various activities Explain Judicial Activism Judicial philosophy that courts can and should go beyond applicable law to consider broader societal implications of its decisions (linked to a loose interpretation of the Constitution) Define + Examples - Enumerated/Expressed, Implied, Inherent Powers Enumerated: In the Text ... Power explicitly stated in the Constitution. * Declare War and Raise an Army/Navy * Establish Federal Courts and Bankruptcy Rules * Coin and Borrow Money * Levy and Collect Taxes * Establish Rules for Immigration/Naturalization * Regulate Commerce Among States/Nations * Issue Patents and Copyrights Implied: Based on the Text ... Inferred as necessary to achieve objectives of gov (Necessary and Proper Clause) * Laws that Regulate Banks * Establish Minimum Wage * Maintenance of Highways Inherent: Outside the Text ... Assumed to exist as a direct result of the country's existence. * Control Borders of the State * Expand Territory of the State * Defend Internal Revolution Define + Examples - Reserved Powers, Concurrent Powers, Expressed/Enumerated Powers Enumerated/Expressed: Power to the National Government explicitly stated in the Constitution. Concurrent: Shared powers between State and Federal government. Reserved: Powers reserved to the states and denied to the federal government Interstate Commerce Clause Enumerated power of Congress to regulate commerce and trade that occurs between two or more states. Example: Congress requires businesses that engage in interstate commerce pay minimum wage Supremacy Clause Regulates relationships between federal/state gov by declaring Constitution and federal law are supreme. Intent: To affirm that one body of laws binds the country (Example: Marijuana) Full Faith and Credit Clause Requires states to accept court decisions, public acts, and contracts of other states. Example: Adoption certificate or driver's license issued in one state is valid in any other state Privileges and Immunities Clause States prohibited from discriminating against out-of-state residents by denying such guarantees as access to courts, legal protection, property rights, and travel rights; A means to promote national unity across country Differences in House & Senate * Senate has more power due to the smaller total number of Senate members compared to the number of representatives * One-third of the Senate seats are up for election every two years. Federal Election Campaign Act & Bipartisan Campaign Reform Act (BCRA) Hard Money Vs Soft Money Hard Money is spent by a candidate or campaign Soft Money is spent by a political action committee Incumbency Effect The historical difficulty of unseating an incumbent in the House or Senate Explain how the Electoral College Works (1) President selected by Electors (2) Votes cast by Electors called Electoral Votes (3) Body of Electors from states are Electoral College Describe the Role of Electors In the Electoral College Allocated among the several states based on a state's total representation in Congress (Two Electors for the number of the state's senators, plus One Elector for each representative in the House) Interest Groups + Types & Forms Interest Groups: Any formal association of individuals or organizations that attempt to influence government decision-making and/or the making of public policy Types: Public & Private Forms: Membership, Legislative, Volunteer, Associations Inside & Outside Lobbying Inside Lobbying: Lobbying efforts targeted directly at governmental officials Outside Lobbying: Lobbying intended to influence public opinion which will in turn influence elected officials List Two Strategies of Interest Groups Legislative: Donate money to a candidate to gain an "in" with them, either now or in the future Electoral: Work to elect candidates who already "fit" with their beliefs PACs Vs Super PACs PAC (Political Action Committee): Groups organized to collect funds from donors and distribute them to political candidates Super PAC: Not limited in the amounts they can give but cannot coordinate their activities with candidates Socioeconomic Status Combination of education, income, and occupation; Often predicts whether he or she will vote Civil Rights Guaranteed by Legal Right: Something the government is obligated to provide, like equal treatment, a fair trial, or the ability to vote. Based on Protected Characteristics: Race, Gender, Disability, Employment, Education, Housing, Access to Public Facilities. Believing the government is supposed to be doing something Civil Liberties Rights and Freedoms Guaranteed by the Constitution and Bill of Rights An expression of the social contract and are protected under the Constitution. Believing the government is supposed to leave you alone. What are the Liberties we Possess? Life, Liberty, and the Pursuit of Happiness Civil Rights are ____ of Government Power Civil Liberties are ____ of Government Power Civil Rights are Prescriptions of government power (power given to you) Civil Liberties are Proscriptions on government power (power prohibited for you) Civil Rights are ____ for government action Civil Liberties are ____ for government power Civil RIGHTS are requirements for government action Civil LIBERTIES are restrictions on government power Explain the Three Levels of Scrutiny Scrutiny: Type of attention Court will give to a question or issue, or position Court starts when considering question of discrimination 3 Types of Liberties Protected in Constitution and Bill of Rights (1) Individual Freedom (2) Rights of the Accused (3) Procedures Establishment Clause & Free Exercise Clause Establishment Clause: Congress can't pass laws that start or prohibit religions * Protects religious beliefs imposed by gov Free Exercise Clause: Congress can't make laws that prohibit free exercise of religion * Protects religious beliefs suppressed by gov Equal Protection Clause Found in Section 1 of the 14th amendment Prohibits government from denying any person equal protection under the law. Jim Crow Laws Set of laws, used mainly in the South, to deny rights to newly freed slaves after the Civil War Collection of state and local statutes that legalized racial segregation Ex.: Literacy Tests, White Primary, "Separate but Equal" Defense of Marriage Act (DOMA) Allowed states to determine for themselves what they considered marriage (DOMA allowed the federal government not to recognize same-sex marriages) Media The main means of mass communication (broadcasting, publishing, and the internet) regarded collectively Mass Media Collection of forms of media that communicate info to general public (television, print, radio, and the Internet) Public Relations Professional maintenance of a favorable public image by a co