AP GOVERNMENT 1st SEMESTER FINAL REVIEW CHAPTER 1 WHY POLITICS?

? Trust in Government - Since the American Revolution and the Founding, Americans have been reluctant to embrace or empower big government.

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Judicial Branch- Laws Article III creates the U.S. Supreme Court. Judges are appointed by the president with the advice and consent of the U.S. Senate. Judicial review power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional; established in case Marbury v. Madison Reviews lower court decisions, Decides cases involving disputes between states habeas corpus court order demanding that an individual in custody be brought into court and shown the case for detention bill of attainder laws that decree a person quilty of a crime without trial ex post facto law laws that declare an action to be illegal after it has been committed Limits on Power The Constitution attempts to limit the power of the national government through the following: Separation of powers, with a system of checks and balances Federalism The Bill of Rights The Separation of Powers The Constitution provides for the separation of powers to ensure that no one branch holds too much power. Clearly built on Articles I, II, and III Bill of Rights First 10 Amendments Guarantees certain rights and liberties to the people Felt that with greater powers of the government, there needed to be greater limitations comity clause/privaleges and immunities from Article 4, prevents a state from treating citizens of other states in a discriminatory manner, with regard to basic civil rights (criminals over borders) Fight for Ratificiation

Liberals are more apt to trust the government to promote the public good through social programs and government regulation of business.but are more cautious about expanding government power in the areas of defense, police powers, and social regulation. Conservatives are more likely to advocate increasing government influence in the areas of defense, police powers, and social regulationbut are loath to expand

governments role in promoting social welfare spending and government regulation. - The Decline in Trust in Government

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Americans trust in government has declined throughout the second half of the 20th century, particularly since the 1960

After September 11, 2001, levels of public trust in government seemed to rebound, but with rising deficits, corporate scandals, and the Iraq war, the level of trust seems again to be declining. political efficacy - the belief that citizens can influence government and politics - The Decline in Political Efficacy- part of the reason that Americans trust government less is that their sense of political efficacy has declined. Citizenship and Government

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citizenship - informed and active membership in a political community Important political knowledge to be a good a citizen: Knowledge of government rules of the game in American politics Knowledge of politics stakes of political conflicts Knowledge of democratic principles liberty and equality. government - the institutions and procedures through which a territory and its people are ruled Governments can be categorized in ascending levels of inclusiveness--autocracy, oligarchy, democracy (increasing in inclusiveness) autocracy - governments controlled by one person a monarch or a dictator oligarchy - governments in which a small group landowners, military officers, or wealthy merchants control most of the government decisions democracy - governments in which citizens play a significant part in the governmental process Governments can also be categorized in descending levels of the limits they recognize on their own authority - totalitarian, authoritarian, constitutional.

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Federalists vs. Antifederalists The struggle for ratification centered around two factions: the Federalists and the Antifederalists. Federalists favored strong national government and supported the Constitution

Antifederalists favored strong state governments and weak national government

o These two groups debated the necessity and design of the new and stronger central government on the following grounds: Representation, Tyranny of the majority, The scope of governmental power totalitarian government - governments that recognize few or no limits on their authority and which seek to absorb or eliminate potential challengers to their Property, liberty, and slavery John Marshall authority o consistently ruled in favor of vested interest in property, linkage between liberty and property

authoritarian government - governments that recognize no formal limits on their authority but are, often reluctantly, constrained by the power of other social

dialect of agitation tension drives us toward justice

institutions constitutional government - governments that recognize and often codify effective limits on their authority key force behind imposition of limiting governmental power was the bourgeoisie, or middle class Influencing government through participation: politics politics conflict over the leadership, structure, and policies of government- goal of politics is to have a say in the government power influence over a governments leadership, organizations, and policies

CHAPTER 3 FEDERALISM Federal Framework-State obligations and Powers Federalism power is divided, by a constitution, between a central government and regional governments Unitary system centralized government system in which lower levels of government have little power independent of the national government; states are subservient Federal system national government shares power with lower levels of government Federalism in the Constitution Powers of National Government

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American Political Culture Consensus Values in American Politics: Liberty freedom from governmental control Historically, Americans have valued both personal freedom and economic freedom. limited government a government whose powers are defined and limited by a constitution; key to American conception of liberty Bill of Rights preserves personal liberties Laissez-faire capitalism economic system in which the means of production and distribution are privately owned and operated for profit with minimal or no governmental intererence

Expressed powers specific powers granted to Congress, Also called delegated powers Include power to collect taxes, coin money, declare war, foreign relations

Implied powers not specifically expressed, but are implied through expansive interpretation of delegated powers Derived from the necessary and proper clause\

Powers of the State Government

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Reserved powers not specifically delegated to national government or denied to the states

any powers not granted to national government are reserved to the states through Tenth Amendment (regulating interstate commerce, police powers)

Rooted in Locke, American liberty has a strong economic component with a broad American consensus in favor of free market capitalism (lockean says state of nature good, but state to protect property Equality - Americans have a long-standing commitment to the self-evident ideal that all men are created equal.

Police power regulates health, safety, and morals of citizens. States authority to regulate the fundamental values

equality of opportunity widely shared American ideal that all people should have the freedom to use whatever talents and wealth the y have to reach their fullest potential implies an obligation of the government to the people political equality right to participate in politics equally, based on principal of one person, one vote Democracy Americans commitment to democracy is marked by three principles: popular sovereignty - political authority rests ultimately with the people

Concurrent powers authority shared by both state and national governments

Examples: power to levy taxes, charter banks, regulate labor conditions, prisons, highway systems

Denied powers powers that neither federal nor state governments hold Example: nobody can engage in arbitrary detention, grant titles of nobility, slavery, deny due process, deny voting rights due to discrimination State Obligations to One Another Article IV intended to promote national unity

majority rule - government decisions follow majority preferences

Horizontal federalism states can deal with each other without federal interference

minority rights - some minority interests must be protected even in the face of majority

sentiment CHAPTER 2 THE FOUNDING AND THE CONSTITUTION The First Founding - Interests and Conflicts The Five Sectors of Colonial Society: o New England merchants; Southern planters; Royalists; Shopkeepers, artisans, and laborers; Small farmers Tax and Trade Policy o French and Indian war debt necessitated new tariffs and duties o The Stamp Act of 1765 and the Sugar Act of 1764 were met with opposition by the New England merchants and Southern planters. o New taxes->backlash and mobs-> oppression by british government-> strengthening of opposition. The Declaration of Independence

interstate compacts states can make agreements amongst themselves

full faith and credit clause all states normally honor the public acts and judicial decisions that take place in another state example: couple married in TX, so CA must recognize that marriage (exception: gay marriage varies from state to state)

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privileges and immunities clause state cannot discriminate against someone from another state or give its own residents special privileges (example is criminals over state borders can be brought back) also called the comity clause Local Government and the Constitution home rule delegated by the state to local unit of government to manage itself. states usually give their large cities home rule

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Thomas Jefferson is the principal author and based on John Locke The Articles of Confederation Creates our first constitutional government- was a confederation. Confederation states retain sovereign authority except for the powers expressly delegated to the national government

dual federalism most fundamental governmental powers shared between the federal and state governments called traditional system because it prevailed for of US history under it, national government: o o o o o o was small compared to state governments was very narrowly specialized in functions it performed virtually all its functions were aimed at assisting commerce virtually none of its policies directly coerced citizens most closely demonstrates what the framers of the Constitution intended Federalism and the Slow Growth of National Governments Power

o What central government couldnt do: Could not levy taxes or regulate commerce from states Only had the power to levy tariffs No real military The only armies were state militia. Could not prevent one state from discriminating against other states in quest for foreign commerce o Inability to tax resulted in a weakening of bonds. o Trade wars erupted between the states. o Inflation resulted from each state printing currency. The Second Founding From Compromise to Constitution - The Annapolis Convention o The AOC crisis led to a meeting in Annapolis in 1786. o Attendees agreed to meet in Philadelphia in one year to discuss revising the Articles of Confederation. - Shayss Rebellion o An individual was more likely to be imprisoned for debt than for any other crime. Daniel Shays led a rebellion of debtors in Massachusetts and Demonstrated need for stronger government - The Constitutional Convention o A Marriage of Interest and Principle Delegates met, beginning in May 1787 and the Delegates represented the elite in American society.

commerce clause delegates to Congress the power to regulate commerce with foreign nations, and among the states interpreted by Supreme Court in favor of national power over the economy

McCulloch v. Maryland first and most important case favoring national power over economy Gibbons v. Ogden reinforced nationalistic interpretation of Constitution established supremacy of national government in all matters affecting interstate commerce Changing Role of the States states rights states should oppose in the increasing authority of the national government. example: Civil War devolution policy to remove a program from one level of government by delegating it or passing it down to a lower level of government

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Charles Beard argued that the Constitution reflects an interest to protect economic power.

o The Great Compromise The Virginia Plan favored states with large populations. Wanted representation proportional to population

The New Jersey Plan favored the smaller states. Wanted equal representation per state

The Connecticut Plan reached a compromise over representation. Solution = House of Representatives (proportional to population) and Senate (2 representatives per state) The Question of Slavery- Were the slaves to be counted for representation purposes?

such as from national government to state an local governments Changing Federal Framework Expansion of National Government New Deal signaled rise of more active national government States unable to deal with the Great Depression, so national government took on more action Federal government financed public work to provide employment Congress passed legislation to provide federal grants to the states to assist relief efforts Most of FDRs programs were financed by federal government but carried out by states

o If yes, southern states would get a big advantage in representation The Three-fifths Compromise resolved the issue of how to count the slaves for purposes of the representation.

grants-in-aid programs through which Congress provides money to the state and local governments on the condition that the funds be employed for purposes

defined by the federal government categorical grants congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law project grants programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis formula grants grants-in-aid in which formula is used to determine the amount of federal funds a state government will receive Cooperative Federalism grants-in-aid is used strategically to encourage states and localities to pursue nationally defined goals also called

Slaves counted as 3/5 a person The Constitution Checks and balances mechanisms through which each branch of government is able to participate in and influence the activities of other branches Examples: Presidential veto power over congressional legislation, Power or Senate to approve presidential appointments judicial review of congressional enactments Electoral college presidential electors from each state who meet after the popular election to cast ballots for president and vice president Separation of powers division of governmental power among several institutions that must cooperate in decision making Federalism sharing of powers between federal and local governments Concurrent powers powers shared between them Founding Fathers wanted Constitution to be a machine that would go by itself. minimum of citizen participation Misrepresented, requires participation to work. Legislative Branch Bicameral House, 435 members, Two-year term, Elected by the people, Designed to encourage popular control over the legislative process Senate 100 members, Six-year term were initially chosen by the state legislatures, The Seventeenth Amendment (1913) provided for the direct election of U.S. Senators. Elastic clause - Article I, Section 8, spells out the enumerated or delegated powers of the U.S. government, including the power to Collect taxes Regulate commerce The necessary and proper clause provides Congress with greater latitude in exercising its Article I, Section 8, Powers---Some powers are not written in the Constitution, but are implied Passes federal laws, Controls federal appropriations, Approves treaties and presidential appointments, Establishes lower court system Executive Branch Article II creates the presidency. President is to be elected through an electoral college that insulates the office from Congress and the masses. Citizens vote for an elector, then elector votes in the electoral college Powers of the president are rather vague and ambiguous. Enforces laws, Commander in chief of armed forces, Makes foreign treaties, Proposes laws, Appoints Supreme Court justices and federal court judges, Pardons those convicted in federal court

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intergovernmental cooperation Example: New Deal

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regulated federalism Congress imposes legislation on states and localities, requiring them to meet national

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New Federalism and State Control

preemption national government overrides state or local actions in certain policy areas

occurs when state and local actions are inconsistent with federal requirements unfunded mandates regulations or conditions for receiving grants that impose costs on state and local governments fro which they are not reimbursed by the federal governme

block grants federal grants-in-aid that allow states considerable discretion in how the funds are spent a way of reducing federal control

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New Federalism return power to states through block grants general revenue sharing one unit of government yields a portion of its tax income to another unit of government, according to an established formula typically involves national government providing money to state government redistributive programs policies designed to control the economy through taxing and spending, with the goal of benefiting the poor

CHAPTER 4 Civil Liberties Nature of the Bill of Rights

Bill of Rights first 10 Amendments to Constitution, which guarantee certain rights and liberties to the people

substantive liberties restraints on what the government shall and shall not have the power to do. Example: shall not establish religion, etc. procedural liberties restraints on how government is supposed to act due process right of every citizen against arbitrary action by national or state government. example: habeas corpus -habeas corpus court order demanding that an individual in custody be brought in court and shown the cause for deletion civil liberties = negative, civil rights = positive Some rights already established in Constitution: prohibition of bill of attainder decree a person guilty of a crime without trial prohibition of ex post facto laws declare an action to be illegal after it has been committed

US v. Wong Kim Ark anyone born in US was entitled to full citizenship 1965 Immigration Act lifted discriminatory quotas Lau v. Nichols school districts must provide education to students whose English is limited Native Americans American Indian Movement (AIM) most prominent Native American protest Organization Romer v. Evans extended fundamental civil rights to protecting gays

system

Affirmative Action Supreme Court and Burden of Proof Bakke case Bakke, a white male, claimed to be rejected from University of California due to discrimination, as he

tested better than some minorities who were accepted; won case It was used more as a guideline for social diversity than as a mathematically defined ratio Wards Cove v. Antonio burden of proof discrimination should be lifted from defendant to plaintiff Adarand Constructors v. Pena race-based policies must survive strict scrutiny, placing burden on gov. Hopwood case white students claimed UT affirmative action discriminated against whites

Nationalizing the Bill of Rights- states alike- court in relation to 14th amendment Establishing the concept of dual citizenship, the Supreme Court ruled that the 5th Amendment and the Bill of Rights only protected citizens from the national government Fourteenth Amendment: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor

shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Despite this language in the 14th Amendment, the U.S. Supreme Court reaffirmed the Barron precedent in the Slaughterhouse Cases in 1873 Only five years after the ratification of the 14th Amendment, the Court was making decisions as though the amendment had never been adopted Selective incorporation - the process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing

Gratzt v. Bollinger University of Michigan used point based system which awarded points automatically to minority students; Court saw this as a use of a quot

Grutter v. Bollinger diversity in education is a compelling state interest and race should be constitutionally considered as a plus factor in admissions decisions

citizens protection from state as well as national government On a case-by-case basis, the Supreme Court began recognizing a role for the national government to protect citizens from state governments. First Amendment and Religion Separation between Church and State establishment clause a wall of separation exists between church and state free exercise clause protects citizens right to believe and practice whatever religion he or she chooses Congress passed Religious Freedom Restoration Act (RFRA) which further protects citizens free exercise speech plus speech accompanied by conduct such as sit-ins, picketing, and other peaceful demonstrations or assemblies

Referendums on Affirmative Action California Civil Rights Initiative outlawed affirmative action programs in the state and local governments of California CHAPTER 6 Public Opinion Public opinion - citizens attitudes about political issues, leaders, institutions, and events Values/beliefs - basic principles that shape a persons opinions about political issues and events political ideology - a cohesive set of beliefs that form a general philosophy about the role of government example: liberal, conservative, etc. attitude/opinion - a specific preference on a particular issue Political Values Equality of opportunity all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential Liberty freedom from government control Democracy citizens play a significant part in the governmental process, usually through election of key public officials

clear and present danger test determines whether speech is protected or unprotected, based on its capacity to present a clear and present danger to society libel and slander statement made in reckless disregard to the truth that is damaging to the victim because it is malicious, scandalous, and defamatory libel = written, slander = spoken pornography work that is deemed prurient by the average person according to community standards, depicts sexual conduct in an offensive way, and

lacks serious literary, artistic, political, or scientific value fighting words speech that incites damaging conduct Commercial speech newspaper or television ads; not considered political speech

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How Political Values are Formed

Second Amendment

prior restraint effort by government agency to block publication of material it deems libelous or harmful in some other way; in other words, censorship forbidden except under most extreme circumstances

Political socialization induction of individuals into political culture; learning the underlying beliefs and values upon which the political system is based Agencies of socialization social institutions that foster political perspectives Family Party preferences are initially acquired at home. Liberalism and conservatism are similarly learned at home. Social Groups Involuntary social groups like gender, race and ethnicity provide specific life experiences and responses to political acts that shape our political values Gender gap distinctive pattern of voting behavior reflecting the differences in views between men and women

Right to Privacy

Brady bill - provided for background checks on handgun purchases and banned assault weapons.

Rights of the Criminally Accused Fourth Amendment- guarantees the security of citizens against unreasonable searches and seizures exclusionary rule prohibits evidence obtained during an illegal search from being introduced in trial Fifth Amendment- right to grand jury determine whether a trial is warranted with enough evidence self incrimination no citizen shall be compelled in any criminal case to be a witness against himself Miranda rule from Miranda v. Arizona; ensures that arrested persons must be informed of their rights to remain silent and to have legal counsel. eminent domain right of government to take private property for public use Eight Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment

Voluntary social groups like political parties, labor unions, and professional associations tend to raise the political awareness and sensitivity of their members and, in doing so, shape their values. Spiral of silence people are likely to gradually shift their views to conform to those of the group Education The amount of education that a person receives is tied in important ways to her or his political activism and political views. Political Conditions Inspiration or recruitment by politicians or political movements can lead to an individuals becoming more politically aware. Coming of political age at a particular time can have a powerful impact on a persons political values throughout his or her life.

Measuring Public Opinion

Political Ideology set of underlying orientations, ideas, and beliefs through which we come to understand and interpret politics

How We Form Political Opinions Political Knowledge Knowledge-> efficacy. Marketplace of Ideas public forum in which beliefs and ideas are exchanged and compete

right to be left alone, which has been interpreted by Supreme Court to entail free access to birth control and abortions Birth Control Griswold v. Connecticut Estelle Griswold arrested for providing info and device about contraceptives, but Supreme

womens rights over their own bodies Sexuality privacy rights of homosexuals

Court said that Connecticut was violating her right to privacy Abortion Roe v. Wade established womens right to seek an abortion

Public opinion polls - scientific instruments for measuring public opinion, are now prevalent in American politics Pollsters begin by choosing a sample of the total population to interview. A sample is a small group selected by pollsters to represent the most important characteristics of an entire population Poor construction and mistaken interpretations of polls can misrepresent public opinion: bandwagon effect - there is a shift in support to a candidate or opinion because the polls portray its popularity. Push polling - technique in which the questions asked in a poll are designed not to measure a respondents opinion but to change it.

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Lawrence v. Texas and Bowers v. Hardwick protects sexual privacy

Chapter 5 CIVIL RIGHTS Struggle for Civil Rights and Equality (blacks and woman) Civil War Amendments to Constitution: Thirteenth Amendment abolished slavery Fourteenth Amendment guarantees equal protection and due process Fifteenth Amendment guaranteed voting rights for African American men Compromise of 1817- southern Democrats allowed Republican candidate, Hayes, to become president if northern Republicans would drop their

IDEOLOGIES Political Spectrum (starting top right clockwise see diagram on Isms slideshow) Conservative - protection of social structures, traditions and the preeminence of order over individual rights . Political Conservative minimal government, no big government Social/Religious Conservative public morality, traditional values, against abortion homosexuality, etc. Fiscal Conservative moderate public spending, get rid of deficits, stable fiscal budgets, maximize economic growth Neo-Conservative - supports use of economic and military power to bring liberalism, democracy, and human rights to Neo- liberal-scale down welfare state and protect human rights abroad.

support for civil liberties and political participation of African Americans Plessy v. Ferguson required segregation on trolleys and other public carriers established separate but equal rule public accommodation should be segregated by race but still be equal Womens Organizations and Right to Suffrage National American Woman Suffrage Association (NAWSA) Nineteenth Amendment guarantees voting rights for women Litigating for Equality After WWII--racial integration in the armed forces Supreme Court more strict about criterion for equal facilities in separate but equal rule admission of blacks to all-white state law schools Shelley v. Kramer ruled against widespread practice of restrictive covenants, which were sales contracts requiring home owners to not sell the home later to any
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Populist strong tradition (think small town values), anti-capitalist, favor government intervention in economy Reactionary we should get back to the golden age Example: Jim Crow, KKK Authoritarian (right wing) Strong government Strong military force Strong tradition However, some limits to government power Totalitarianism (right wing) fascism, government controls everything Perfect Totalitarianism total government control Totalitarianism (left wing) communism Authoritarian (left wing) help out poor Radical believes system is flawed. Solution = revamp the system completely Libertarian Highly individualistic expansion of 19th liberalism Emphasize the autonomy of the individual and the minimal role for government very suspicious of government intrusion and snooping. liberty rights of individuals trump all other values. Property rights are central to individual rights: security and freedom in property transactions are prerequisites to individual development Private property as a liberating force. No interventions in society or markets Need does not create just claim on wealth of others. NO coercion in matters of religion, morality, etc. KEY: Tolerance of individual differences and maximization of individual choices.

nonCaucasian, non- Christian, etc; violation of 14 Amendment Civil Rights After Brown v. Board of Education strict scrutiny test used in racial discrimination cases and other cases involving civil rights and liberties; places burden of proof on government rather than on

challengers to show that the law in question is constitutional de jure by law; legally enforced practices de facto by fact; practices that occur even when there is no legal enforcement

a decade after Brown, less than 1% of black children in Deep South attended schools with whites discrimination by private employers and state governments (school boards, etc.) declared illegal Title IV of the CRA of 1964 Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce said act. Title IX of the CRA of 1964 No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid.

Liberal government is sufficient, however, its role is to improve society Title VI of the CRA of 1964 Prevents discrimination by government agencies that receive federal funding. If an agency is found in violation of Title VI, that agency can lose its federal government should intervene to allow each person to pursue their own autonomous goals economic sphere especially requires government intervention Wage and hour laws, compulsory schooling Business cycle and Keynesianism Title VII of the CRA of 1964 prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin. Title VII also prohibits discrimination against Outside of economic sphere: an Basic continuity: individual autonomy, belief in progress and reason. individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. funding. Title IV authorized the executive branch to implement federal court orders to desegregate schools in order to eliminated discrimination nationwide, 1964 Civil Rights Act Title VII outlawed job discrimination by all private and public employers Twenty-Fourth Amendment abolished poll tax mandated bilingual ballots, most effective of all civil rights legislation redlining practice in which banks refuse to make loans to people living in certain geographic locations Community Reinvestment Act required banks to lend in neighborhoods, in which they do busniness

New Liberalism political philosophy; market is the key to everything. If there is a new problem, create a new market Balanced Democracy moderate between liberal and conservative

Universalization of Civil Rights- Womens rights Women and Gender Discrimination National Organization for Women (NOW) picketed EEOC for its refusal to ban sex-segregated employment Womens Equity Action League (WEAN) attacked schools for discriminatory admission policies

CHAPTER 7 THE MEDIA Media Industry and Government Types of Media Americans get their news from 3 main sources: o broadcast media (radio, television) o print media (newspapers, magazines) o internet Television news reaches more Americans than any other single news source Print media is important because: broadcast media rely upon leading newspapers In the US, the government neither owns nor controls media, but it does regulate the content and ownership of broadcast media FCC Federal Communications Commission; regulates radio and television 1996 Telecommunications Act loosened restrictions on media ownership and allowed for telephone companies cable television providers, and broadcasters to compete with one another for telecommunications services attempted to regulate content of material transmitted over the internet (ruled unconstitutional)

intermediate scrutiny test in gender discrimination cases, which places burden of proof partially on government and partially on the challengers to show that the law

in question is constitutional VMI case Virginia Military Institutes policy to not admit women ruled unconstitutional; cant have publicly supported single gender schools Quid pro quo harassment involves sexual extortion, sexual favors Hostile environmental harassment involves sexual intimidating Latinos and Asian Americans League of Latin American Citizens (LULAC) worked to lower level of discrimination against Latinos

equal time rule broadcasters must provide candidates for the same political office equal opportunities to communicate their messages to the public right of rebuttal right to have the opportunity to respond to personal attacks made on a radio or television broadcast Red Lion Broadcasting Company v. FCC upheld FCCs determination that a radio station was required to provide a liberal author with an opportunity

to respond to an attack from a conservative commentator that the station had aired fairness doctrine requirement for broadcasters who air programs on controversial issues to provide time for opposing views; FCC stopped enforcing this

Organization and Ownership of the Media Although there are many radio and TV stations and print media in the US, there are only a few sources for national news Issue of media ownership and political equality as major newspapers, TV stations, and radio networks fall into fewer and fewer hands, less popular or minority viewpoints have difficulty reaching the public

Nationalization of the News National news media generally cover the same sets of events, present similar information, and emphasize similar issues and problems contributed to the nationalization of politics and political perspectives news enclaves group seeking specialized information not provided by the mainstream media

Bellwether districts districts that historically predict who wins the election. Whichever candidate wins these districts will probably win the overall election

Betty Friedan's The Feminine Mystique ignited the contemporary women's movement in 1963 and as a result permanently transformed the social fabric of the United States and countries around the world. Biased sample- a non-random sample of a population (or non-human factors) in which all participants are not equally balanced or objectively represented.[2] If the bias makes estimation of population parameters impossible, the sample is a non-probability sample. If this is not accounted for, results can be erroneously attributed to the phenomenon under study rather than to the method of sampling Media content and news coverage is affected by the views, ideals, and interests of those who seek out, write, and produce news and other stories Bicameralism : Having a legislative assembly composed of 2 chambers of houses Subject of the News Big Government- a term generally used by political conservatives, laissez-faire advocates, or libertarians to describe a government which is excessively large, corrupt and News coverage is affected by the individuals or groups who are subjects of the news or whose interests and activities are actual or potential news topics inefficient, or inappropriately involved in certain areas of public policy or the private sector. In this latter sense, the term may also be used by political liberals in relation to government policies which attempt to regulate matters considered to be private or personal, such as private sexual behavior. Bill of rights- the first ten amendments to the Constitution, which guarantee certain rights and liberties to the people sound bites shot snippets of information aimed at dramatizing a story rather than explaining its substantive meaning Bills of attainder - an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial. Banned in Article I, Power of Consumers Section 9 Print and broadcast media are businesses, and must cater to the preferences of the consumers Block grants : federal grants-in-aid that allow states considerable discretion in how the funds are spent. Media Power in American Politics Bourgeois and limited government a common form of representative democracy. According to the principles of liberal democracy, the elections should be free and fair, and the Shaping Events political process should be competitive The media has played a strong role in recent American political history, particularly the Civil Rights movement, the Vietnam War, and the Nixon Watergate affair v. Hardwick upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Bowers Sources of Media Power Brandenburg vs Ohio - It held that government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action. Brown v. Burkean conservative limited government with individual rights Busing the practice of assigning and transporting students to schools in such a manner as to redress prior racial segregation of schools, or to overcome the effects of residential agenda setting power of the media to bring public attention to particular issues and problems segregation on local school demographics. California's Proposition 187? A 1994 ballot initiative designed to create a state-run citizenship screening system in order to prohibit illegal immigrants from using health care, public education, and other social services in the U.S. State of California. framing power of the media to influence how events and issues are interpreted Categorical grants- congressional grants given to states and localities on the condition that expenditures ne limited to a problem set forth by law and legislation Child from the lower 25% of the income pyramid has a ________ percentage chance of going to college: Less than 5% chance, approximately 4% Civil Liberties- areas of personal freedom with which governments are constrained from interfering- negative obligations. Civil Rights Positive obligations of government. priming process of preparing the public to take a particular view of an event or political actor Civil Rights Act of 1964- outlawed major forms of discrimination against blacks and women, including racial segregation. It ended unequal application of voter registration The Rise of Adversarial Journalism requirements and racial segregation in schools, at the workplace and by facilities that served the general public . Civil Rights Act of 1991- a United States statute that was passed in response to a series of United States Supreme Court decisions, which limited the rights of employees who had sued their employers for discrimination. The Act represented the first effort since the passage of the Civil Rights Act of 1964 to modify some of the basic procedural and substantive rights provided by federal law in employment discrimination adversarial journalism attack journalism; form of reporting in which the media adopt a hostile posture toward the government and public officials cases. It provided for the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages, while limiting the amount that a jury could presidents were the first national officials to see the opportunities in this development award. During the Vietnam War, American officials in Vietnam who disapproved of the way the war was being conducted leaked information critical of the administrative Exist: For American society in general, colleges exist to provide an educated workforce and promote economic growth and to educate leaders for the community . Colleges policy to reporters Color Blindness the disregard of racial characteristics when selecting which individuals will participate in some activity or receive some service. Chapter 8 POLITICAL PARTICIPATION & VOTING Comity clause : Article IV, Section 2. also known as the privileges and immunities clause. A state cannot discriminate against someone from another stare or give its own Political Participation political activities whose purpose is to influence government residents special privileges. -activities such as voting, contacting political officials, volunteering for a campaign, signing petitions, protest Commercial speech - speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the - nonelectoral Forms of Participation: audience to partake in a particular action. First created in Valentine v. Chrestensen. The government can infringe upon commercial speech. Connecticut Compromise :Combined Virginia and New Jersey Plan -> creation of house and senate based by state size(house) and equal representation(senate) Cooperative federalism- uses grants in aid to encourage states and localities without commanding them to pursue nationally defined goals; intergovernmental cooperation lobbying strategy by which organized interests seek to influence the passage of legislation by exerting direct pressure on members of the legislature Cross-cutting versus re-enforcing re-enforcing is social cleavages that overlap each other such being poor and a minority, cross-cutting is social cleavages that cut across one another. Cross-cutting allows for more compromises to made in government Culture wars - debate over what cultural rules should be made into laws public relations an attempt, usually through the use of paid consultants, to establish a favorable relationship with the public and influence its political opinions jure segregation- "concerning law" The terms de jure and de facto are used instead of "in principle" and "in practice", respectively, when one is describing political or legal De o example: press release designed to shape news coverage situations Delegated powers : constitutional powers that are assigned to one governmental agency but are exercised by another agency with the express permission of the first. Denied - powers denied to both the federal and state governments litigation attempt to use the courts to achieve a goal Desegregation is the process of ending the separation of two groups usually referring to races. Dialectic of agitation : allowed justice for all people. It was the push for women's rights and gave woman their rights in the constitution. - Voting Rights Direct action politics is activity undertaken by individuals, groups, or governments to achieve political, economic, or social goals outside of normal social/political channels. Direct action can include nonviolent and violent activities which target persons, groups, or property deemed offensive to the direct action participant. Examples of nonviolent suffrage right to vote direct action include strikes, workplace occupations, sit-ins, sabotage, property destruction and graffiti. Dual federalism- most fundamental governmental powers were shared between federal and state governments Duke Power a case in which the Supreme Court of the United States overturned the Fourth Circuit's ruling that the Price Anderson Act violated equal protection by treating poll tax state-imposed tax upon voters as a prerequisite for registration victims of nuclear accidents differently than the victims of other industrial accidents. Engel v. Vitale determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools. - rendered unconstitutional by Twenty-fourth Amendment Equal protection and immunties clause. - Provision from Art. 4 sec. 2 that state cannot discriminate against someone from another state given its own residents and special - Voter Participation privileges. Also fugitives returned to state Equal Rights Amendment was a proposed amendment that called for Equality of rights under the law shall not be denied or abridged by the United States or by any State on turnout percentage of eligible individuals who actually vote account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Establishment clause the government cannot take any action to establish or support one certain religion - young people have lowest turnout, old people have biggest turnout Ex post facto law - Charging someone for a crime in the past, committed before the crime was considered illegal.. - Types of Elections in America and How They Work Federal government provided 43% of all student aid last year.[refers to 2003 ] 43%? - Primary Fiscal conservative be conservative with the budget, lower spending and cut taxes. Avoid deficit spending. Teabaggers o presidential each party nominates a candidate in a subsequent election Formula grants- grants in aid in which a formula is used to determine the amount of federal funds a state or local government will receive o blanket everybody runs in the same primary Gibbons v. Ogden : The power to regulate interstate commerce is granted to Congress by the Commerce Clause of the US Constitution. - General elect people to serve in public office Gideon rights found in Gideon vs Wainwright. Right to counsel for defendants who cannot afford their own attorneys. 6th amendment. - Referendums on the ballot vote to either favor or reject a proposal Grandfather clause an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. - Recall vote to terminate an office holder early Griswold case Griswold v Connecticut, established the right to privacy. - Initiative pass a new law Group membership - Shape public opinion by mobilizing the public to support their cause. Who Participates, and How? Grutter v. Bollinger- upheld the affirmative action admissions policy of the University of Michigan Law School; diversity in education is a compelling state interest and race political community citizens who are eligible to vote and participate in political life should be constitutionally considered as a plus factor in admissions decisions - Even after womens suffrage, women did not make a distinctive impact on politics until the 1980s. Home Rule power delegated by the state to a local unit of government to manage its own affairs - Men tend to vote more Republican, while women tend to vote more Democrat. Humped camel curve public opinion is polarized. Most people are on one side or the other, not very many moderates Explaining Political Participation Ideologue an advocate of a particular ideology and believe every aspect of that ideology Implied powers- powers derived from the necessary and proper clause of art. 1 sec. 8 of constitution. Such powers are not specifically expressed, but are implied through the Socioeconomic status status in society based on level of education, income, and occupational prestige expansive interpretation of delegated powers Indirect elections : selection of the president by an electoral college rather than directly by voters is an example of it. - Citizens of higher socioeconomic status participate much more in politics than those with lower status Inherent - powers claimed by president not in the constitution, but implied by it Integration includes goals such as leveling barriers to association, creating equal opportunity regardless of race, and the development of a culture that draws on diverse civic engagement sense of concern among members of the political community about public, social, and political life, expressed through participation in social and political than merely bringing a racial minority into the majority culture. traditions, rather Intermediate scrutiny Test used by the Supreme Court in gender discrimination cases, which places the burden of proof partially on the government and partially on the organizations challengers to prove constitutionality Interstate commerce clause... The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, mobilization process by which large numbers of people are organized for a political activity and with the Indian Tribes". most significant factor affecting participation is whether people are mobilized by parties, candidates, interest groups, and social movements Involuntary Group memberships - group membership that is an inactive role such as donating money to a particular group Job Discrimination- illegal unless the job requires discrimination ex. Naked Women Salon. Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment political institution organization that connects people to politics discrimination based on race, color, religion, sex, or national origin; the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work - examples: political party, governmental organization, such as Congress or the courts in the same establishment from sex-based wage discrimination; the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. John Marshall and the constitution (slavery, property, national power) He established that the federal courts are entitled to exercise judicial review, the power to strike Court Casesdown laws that violate the Constitution. Thus, Marshall cemented the position of the American judiciary as an independent and influential branch of government. Slavery darand Constructors v. Pena race-based policies must survive strict scrutiny personal distaste for slavery, Marshall was reluctant to second-guess legislative determinations that slavery was lawful Property- Marshalls views were fully congruent with Adamson v. Cali. (47) incorporates B.o.R. this emphasis on property rights. Smith points out that by the 1780s Marshall believed in the unalienable right to possess, enjoy, and augment private property National Alden v. Maine: If you lose your overtime, you cant sue the state. power. McCulloch v. Maryland, established that states cant pass laws that violate the national governments constitution. Bakke case Bakke, a white male, claimed to be rejected from UCal due to discrimi-nation, as he tested better than some minorities who were accepted; won case Lasswell's eight basic values- eight basic value categories WEALTH, POWER, RESPECT, RECTITUDE, SKILL, ENLIGHTENMENT, AFFECTION, and WELLBEING. Barron v. Baltimore (1833) - Barron sued Baltimore for rendering his wharf useless on the grounds that the city had violated his 5th Amendmt rights by taking his property Lau v. Nichols- (1974) a civil rights case, brought by Chinese American students in San Francisco who had limited English proficiency. The students claimed that they were not without just compensation. Establishing the concept of dual citizenship, the Supreme Court ruled that the 5th Amendment and the Bill of Rights only protected citizens from the receiving special help in school due to their inability to speak English, which they argued they were entitled to under Title VI of the Civil Rights Act of 1964 because of its ban national government. When the 14th Amendment was added to the Constitution in 1868, the question of the Bill of Rights applicability to the states arose again. on educational discrimination on the basis of national origin and the Supreme Court ruled in their favor. Brandenburg v. Ohio government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action Lemon test The government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting Brown v. Board of Education struck down separate but equal doctrine as funda-mentally unequal. Eliminated state power to use race as criterion of discrimination in law. religion; The government's action must not result in an "excessive government entanglement" with religion. Provided national government with power to intervene by exercising strict regula-tory. Policies against discriminatory actions government; a government whose powers are defined and limited by a constitution. Buckley v. Valeo (1976) put limits on amounts of money that you can contribute to political campaigns. Lopez decision of 1995 - (95) first example of devolution. Limits congress, who ruled that handguns are not allowed near schools. Declares Gun Free School Zones Act of Chaplinsky v. New Hampshire established fighting words doctrine 1990 unconstitutional. City of Boerne v. Flores ruled that RFRA was an unconstitutional use of Congress's enforcement powers. Only the Court has the power to define substantive rights guaranteed Lower class kids face several environmental problems in getting into college including: Income, lack of educational opportunities (poor schools), maybe having to work to by the Fourteenth Amendment, not Congress. support their family, family education (if their parents havent gone to college they are less likely to go to college) Citizens United v. Fedl Election Commission: allows hate speech on Hil Clinton. MAPP v. OHIO evidence from unreasonable searches and seizures cannot be used in court. fruit of the forbidden tree evidence found from a lead found illegally also Dennis v. US contribution to conspiracy to overthrow the government is not pro-tected by freedom of speech, publication, and assembly of the First Amendment cannot be used. The court decision ruled that the evidence of porn that they found should not be accepted in court. Doe v. Sante Fe ISD: outlaws school prayer at functions McCollough v Maryland : A case involving the charter of the Second National Bank. This fundamental case established that the Constitution grants to Congress implied Engel v. Vitale cant compose official school prayer and require students to recite it in public schools powers for implementing the Constitution's express powers, in order to create a functional national government and that state action may not impede valid constitutional Franklin v. Gwinnett County Public Schools violations of Title IX of 1972 Educa-tion Act, which forbade gender discrimination in educations, could be remedied with exercises of power by the Federal government. monetary damages Merit (term used by college admissions)- When colleges look at your resume, they look for criteria that would best fit their college. (not necessarily test scores or grades) Gideon v. Wainright right to counsel incorporated into Fourteenth Amendment Georgia HOPE scholarship: grants or scholarships awarded by merit (different categories that colleges use to determine who is their best fit). they have less incentive to invest Gregg v. Georgia death penalty allowed in quality now that they get money for inferior(professor longs belief). Gratzt v. Bollinger University of Michigan used point based system which awarded points automatically to minority students; Court saw this as a use of a quota system Miranda rights suspects must be informed of the right to remain silent (self-incrimination) and counsel. Miranda v Arizona. Grutter v. Bollinger diversity in education is a compelling state interest and race should be constitutionally considered as a plus factor in admissions decisions Griswold v. Connecticut Estelle Griswold arrested for providing info and device about contraceptives, but Supreme Court said that Connecticut was violating her right to privacy Multiple sum games- society becomes more complex because of how interdependent it is when part of society goes down the rest are affected creating multiples games and harder for the sum to ever be a zero. Native Americans political status before the 1920s: They had no political status. Gibbons v. Ogden reinforced nationalistic interpretation of Const no monopoly Necessary and proper clause.- Sec.1 art. 8 it provides congress with the authority to make all laws necessary and proper to carry out its expressed powers Gitlow v. New York incorporated freedom of speech and press under 14th Amendmt New Deal- FDR 1930s program to stimulate the national economy and provide relief to victims of Depression : President FDRs 1930s program to stimulate the national Hopwood case white students claimed UT AA discriminated against whites economy and provide relief to victims of the Great Depression. Hustler v. Falwell: Hustler wins a libel case New Federalism Attempts made by Presidents Nixon and Reagan to return power to states through block grants Kimel v. Florida: Cant sue state for age discrimination. New York v. Sullivan- established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation Lawrence v. Texas and Bowers v. Hardwick protects sexual privacy and libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press Miller Lau v. Nichols school districts must provide education to non-Eng students test obscenity can be limited by the government under the 1st amendment. Must satisfy all 3 conditions. 1 - Whether "the average person, applying contemporary community Lemon v. -Kurtzman established three criteria (Lemont Test) to guide future cases regarding government aid to religious schools standards", would find that the work, taken as a whole, appeals to the prurient interest, 2- Whether the work depicts/describes, in a patently offensive way, sexual conduct o it had a secular purpose specifically defined by applicable state law. 3- Whether the work, taken as a whole, lacks serious literary artistic, political, or scientific value. o its effect was neither to advance nor inhibit religion Oligarchy- a form of government in which a small group landowners, military officers, or wealthy merchants controls most of the governing decisions. o it does not entangle government and religious institutions in each others affairs Palko v. Connecticut- self incrimination- no citizen shall be compelled in any criminal case to be a witness against himself Mapp v. Ohio illustrates principle of exclusionary rule Pluralism usually defined as the presence of multiple and distinct political parties. McConnell v. FEC - upheld restrictions Congress had imposed with the McCain-Feingold Campaign Reform Act Police powers is the capacity of the federal government and the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, McCulloch v. Maryland first and most important case favoring national power over economy. Allows formation of Natl Bank. morals, health, and safety of their inhabitants Miller v. California ruled that obscenity is not protected by the First Amendment Political culture is the traditional orientation of the citizens of a nation toward politics, affecting their perceptions of political legitimacy, what should be achieved, - can Near v. Minnesota incorporated freedom of press into Fourteenth Amendment disagree on how to achieve though with ideologies. Nevada v. Holmes: Employees must follow family and medical act. Political ideology a cohesive set of beliefs that forms a general philosophy about the role of government NY Times v. Schenck (19): states can repress free speech (before incorporation) Political Process and Government hammer and blue print- the U.S. Government is not purely one thing but rather a combination (a representative democracy) and the NY Times v. US allowed NY Times to publish without government censure political process like wise differs from not only State to State but what the election is for ex: electoral college for president and popular vote for almost every other position. Palko v. Connecticut (1937), the Supreme Court refused to incorporate double jeopar-dy (5th Amendment) on the basis that it is not a right that is implicit in the concept of Poll - Good question - the way pollsters ask questions effects the way a person will answer the question. ordered liberty. Established principle of selective incorporation Popular sovereignty is the belief that the legitimacy of the state is created by the will or consent of its people, who are the source of all political power. It is closely associated to Printz v. US ruled that the interim periods of the Brady Act were unconstitutional the social contract philosophers, among whom are Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Popular sovereignty expresses a concept and does not necessarily Palko v. Connecticut- self incrimination no citizen shall be compelled in any crimi-nal case to be a witness against himself reflect or describe a political reality.[1] It is often contrasted with the concept of parliamentary sovereignty, and with individual sovereignty. Plessy v. Ferguson required segregation on trolleys and other public carriers established separate but equal rule Populist - Support traditional small town values and fear too much individual liberty as a threat to their way of life. (Teabaggers) Reno v. ACLU Communications Decency Act, attempted to protect minors from explicit material on the internet, was a violation of the First Amendment Preemption- principle that allows the national government to override state or local actions in certain policy matters Red Lion Broadcasting Company v. FCC upheld FCCs determination that a radio station was required to provide a liberal author with an opportunity to respond to an attack Preferred freedom - This doctrine holds that some constitutional freedoms, principally those guaranteed by the First Amendment, are fundamental in a free society and from a conservative commentator that the station had aired consequently are entitled to more judicial protection than other constitutional values. Roe v. Wade established womens right to seek an abortion Prior Restraint a form of censorship in which one is prevented, in advance, from communicating certain material, rather than made answerable afterwards. Prior restraint is Romer v. Evans extended fundamental civil rights to protecting gays particularly restrictive because it prevents the forbidden material from being heard or distributed at all. Schenck v. US established clear and present danger test; free speech does not include opposition to the military draft Progressive far left ideology, we need to rehaul the system and change it at its core Seminole Case: Decides cant sue state for not selling land to natives. Project grants : grant program in which state and local governments submit proposals to federal agencies and for which funding is [provided on a competitive basis Shelley v. Kramer ruled against widespread practice of restrictive covenants, which were sales contracts requiring home owners to not sell the home later to any nonPublic opinion polls has been/can be criticized - selection bias can occur when the sample is not an accurate representation of the whole population. Example in 1936 Literary Caucasian, non- Christian, etc; violation of 14th Amendment Digest said Alf Landon would beat Roosevelt but Roosevelt won in a landslide because they only polled people who had telephones which was rich people. Smith v. Allwright: No white primaries Pupil placement procedures/laws.... divested local boards of authority to assign children to particular schools and placed that authority in a State Pupil Placement Board. Under Slaughterhouse Cases states cant oppress you, but citizens can that Act, children were each year automatically reassigned to the school previously attended unless, upon their application, the State Board assigned them to another school Texas v. Johnson act of flag burning is protected under First Amendment Red Lion Broadcasting Co. v. FCC- held that the fairness doctrine was consistent with the First Amendment; because they were granted government licenses on a scarce radio Speech that presents clear and present danger to society is exception. spectrum, they could be regulated to preserve openness in covering news by the FCC Tinker v. DesMoines: public schools can limit free speech Redistributive programs- economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor US v. Morrison: Slaps down Violence against Women Act. Redlining refers to? The practice of denying, or increasing the cost of services such as banking, insurance, access to jobs, access to health care, or even supermarkets to US v. Wong Kim Ark anyone born in US was entitled to full citizenship residents in certain, often racially determined, areas. VMI case Virginia Military Institutes policy to not admit women ruled unconstitu-tional; cant have publicly supported single gender schools Religious Freedom Restoration Act- aimed at preventing laws that substantially burden a person's free exercise of their religion Wards Cove v. Antonio burden of proof discrimination should be lifted from defen-dant to plaintiff Republican Revolution of 1994 As a result of a 54-seat swing in membership from Democrats to Republicans, the Republican Party gained a majority of seats in the House for Wisconsin v. Yoder cant place Amish children under compulsory education past 8th grade because it violates parents rights to freedom of religion the first time since 1954.Revenue sharing : process by which one unit of gov, yields a portion of its tax income to another unit, National providing to states West Virginia State Board of Education v. Barnette dont have to salute flag is religion doesnt allow it (overturns Minersville v. Gobits) Safety net-socioeconomic safety nets", are non-contributory transfer programs seeking to prevent the poor or those vulnerable to shocks and poverty from falling below a certain poverty level. Safety net programs can be provided by the public sector (the State and aid donors) or by the private sector (NGOs, private firms, charities, and informal Amendmentshousehold transfers). 1 - Freedom of Religion, Press, Expression. 2 - Right to Bear Arms. 3 - Quartering of Soldiers. 4 - Search and Seizure. 5 - Trial and Punishment, Compensation for Takings. 6 Selective Incorporation- is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held Right to Speedy Trial, Confrontation of WitnessesAmendment 7 - Trial by Jury in Civil Cases. 8 - Cruel and Unusual PunishmentAmendment 9 - Construction of Constitution. . only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of 10 - Powers of the States and People Amendment 11 - Judicial LimitsAmendment 12 - Choosing the President, Vice PresidentAmendment 13 - Slavery AbolishedAmendment the due process clause of the Fourteenth Amendment of the Constitution. 14 - Citizenship Rights Amendment 15 - Race No Bar to VoteAmendment 16 - Status of Income Tax Clarified Amendment 17 - Senators Elected by Popular Vote Amendment Strict scrutiny test Test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights, which places the burden of proof on 18 - Liquor AbolishedAmendment 19 - Women's Suffrage Amendment 20 - Presidential, Congressional Terms Amendment 21 - Amendment 18 Repealed Amendment 22 the government rather than on the challengers to show that the law in question is constitutional Presidential Term Limits Amendment 23 - Presidential Vote for District of Columbia Amendment 24 - Poll Taxes Barred Amendment 25 - Presidential Disability and Supreme Court in the 19th century: The Supreme Court enhanced racial segregation, federalism, and gender segregation Succession. 26 - Voting Age Set to 18 Years. 27 - Limiting Congressional Pay Increases Supreme Court invalidated the 1875 Civil Rights Act because the Supreme Court deemed the act unconstitutional on the basis that Congress had no power to regulate the conduct of individuals. The Fourteenth Amendment prohibits discrimination by the state, not by individuals. 10th amendment :Powers not explicitly reserved for the government are given to the states/ the people. Symbolic speech; - actions that purposefully and discernibly convey a particular message or statement to those viewing it. Protected under 1st amendment 14th Amendment- Citizenship Clause- provides a broad definition of citizenship that overruled the decision in Dred Scott v. Sandford (1857), which held that blacks could not The inevitability of politics politics will mostly be influenced by those with power and wealth be citizens of the United States. Due Process Clause- prohibits state and local governments from depriving persons (individual and corporate) of life, liberty, or property Three-Fifths Compromise : Agreement that for the purpose of apportionment of congressional seats every slave would be counted a three-fifths of a person without certain steps being taken; recognizes substantive rights and procedural rights. Tinker v. Des Moines protected the right to freedom of speech 300 year poker game -Metaphor which the lecturer argues best describes Americas opportunity environment is Title IV of the CRA of 1964 Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce said act. Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause later became the basis for Brown v. Title IX of the CRA of 1964 No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in the United States any educational program or activity receiving federal aid. 14th amendment- one of the three Civil War amendments; guaranteed equal protection and due process200. checks and balances- Each branch of government able to Title VI of the CRA of 1964 Prevents discrimination by government agencies that receive federal funding. If an agency is found in violation of Title VI, that agency can lose its participate and influence the activities of other branch. President veto senate bill, courts declare law unconstitutional, senate has say over presidents appointments to Court. federal funding. 19th century Civil Rights legislation Biggest example is 1875 Civil Rights Act which guaranteed that everyone, regardless of race, color, or previous condition of servitude, Title VII of the CRA of 1964 prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin. Title VII also prohibits discrimination was entitled to the same treatment in "public accommodations" against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. A machine that would go by itselfThe idea that the constitution is some holy document that will make everything run smoothly if we abide by it, but in reality we have to Unitary systems : centralized government system in which lower levels of gov. have little power independent of the national gov constantly change our approaches to social problems. A republic is a form of government in which the people or some portion thereof retain supreme control over the Value allocation- "Politics," according to Lasswell, is concerned with determination, by official governmental decisionmaking and action, of (1) who in political society receives government, and in which the head of government is not a monarch. Absolutely protected speech The Truth. Actual representation v. Virtual representation Virtual- In the what benefits, rewards, and advantages and how much of them they receive, (2) when they receive the benefits, rewards, and advantages, and (3) the methods by which they early stages of the American Revolution, colonists in the Thirteen Colonies rejected legislation imposed upon them by the British Parliament because the colonies were not receive them. represented in Parliament. According to the British constitution, colonists argued, taxes could only be levied on British subjects with their consent. Regular- Voting and directly Values of the Preamble of the constitution. : Justice, domestic tranquility, promote general welfare, and secure liberty. choosing the representative. Affirmative action- refers to policies that take factors including "race, color, religion, sex or national origin into consideration in order to benefit an Virginia Plan : framework for the Constitution which the legislature would be represented on the population of each state. This is based heavily in favor of large states underrepresented group at the expense of a majority group, usually as a means to counter the effects of a history of discrimination . Alabama Syndrome- The governor of Voucher system- Internal financial control system for cash or check payments that relies on vouchers to (1) establish the propriety of transactions, (2) establish the amount being Alabama George Wallace is a racist and the Alabama Syndrome dealt with people questioning whether or not to vote for state governmental control of grants-in-aid since most paid, and (3) name the ledger account(s) in which the transaction is to be recorded. lower income individuals were minorities and George Wallace would be controlling these state grants. Amending the Constitution : 3 ways to amend the constitution: 1. Pass Zero Sum games- In game theory and economic theory, zero-sum describes a situation in which a participant's gain or loss is exactly balanced by the losses or gains of the other in House and Senate by 2/3 votes; ratification by majority vote of the legislatures of 3/4 of the states 2. Pass in House and Senate by 2/3 votes; ratification by conventions called participant(s). If the total gains of the participants are added up, and the total losses are subtracted, they will sum to zero. Ex: for the purpose in 3/4 of the estates. 3. Pass in national convention called by Congress in response to petitions by 2/3 of the states; ratification by majority vote of the legislatures

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of 3/4 of the states. American shared values Americans believe that all people should have the right to Liberty, equality, and democracy. Americans with Disabilities Act of 1990. A wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability (major legislation for disabled). Antifederalists - term referring to people in the 18th century opposed to the ratification of the Constitution. Dictate that the central governing authority of a nation should be equal or inferior to, but not having more power than, its sub-national states (state government). Patrick Henry,Samuel Adams, George Mason, Richard Henry Lee, Robert Yates, James Winthrop, James Monroe, Mercy Otis Warren, George Clinton, Melancton Smith Area sampling a selection process in which the polls are made to include people from a certain area Articles of Confederation the first constitution of the United States and specified how the Federal government was to operate. The Second Continental Congress appointed a committee to draft the Articles in June 1776 and sent the draft to the states for ratification in November 1777. In practice, the Articles were in use beginning in 1777. Under the Articles, the states retained sovereignty over all governmental functions not specifically relinquished to the national government. After Shays rebellion people realized the federal government was too weak and begin to draft a new constitution. Authoritarian- a system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions. Autocracy form of government in which one person has all the power and control of the government Bakke Case(Regents of the University of California v. Bakke)- Bakke, a white male, claimed to be rejected from University of California due to discrimination, as he tested better than some minorities who were accepted; he won the case due to First Amendment right to Academic Freedom. Barron v. Baltimore- Barron sued Baltimore for rendering his wharf useless on the grounds that the city had violated his 5 amendment rights by taking his property without just compensation. This established the concept of dual citizenship; the Supreme Court ruled that the 5th amendment And the Bill of Rights only protected citizens from the national government. Beard's thesis It argues that the structure of the Constitution of the United States was motivated primarily by the personal financial interests of the Founding Fathers. More specifically, Beard contends that the Constitutional Convention was attended by, and the Constitution was therefore written by, a "cohesive" elite seeking to protect its personal property (especially bonds) and economic standing. Bell curve; most people are in the middle