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headed the federalist party (made up of upper class ppl) - had good economic plan to solve country's problems, strong national government
Commerce, Order, Power to fed gov't, National bank
loose constitution
wrote Federalist Papers urging adoption of the Constitution. They argued for a constitution that could deal with "tyranny of the majority" by creating three branches of government having distinctive powers
established the principle that truth is a defense for libel and helped provide the basis for freedom of the press |
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LARGELY DRAFTED CONSITUTION (father of const)
the best prepared delegate at the Const. convention. Young, and from virginia. spent months on father's plantation. arrived in philly with a bulging suitcase of research
promoted the concept of checks and balances (federalist papers)
defined factions to be a group of people who seek to influence public policy in ways contrary to the public good
wrote series of articles urging the adoption of the Constitution. They argued for a Constitution that would establish a government that could deal with “Tyranny of the Majority” by creating three branches of government having distinctive and separate powers.
judicial review derived from marbury vs. madison.
proponent of separation of powers |
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Chief justice of supreme court
decided mcculloch vs. maryland, which established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. institution; he said "the power to tax involved the power to destroy"
established that courts are entitled to exercise judicial review, the power to strike down laws that violate the constitution. (marbury vs. madison)
shaped constitutional law and made supreme court a center of power.
served in HOR/SOS
federal law above state law
a leader of the federalist party |
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| John Locke / Thomas Hobbes |
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second treatise of civil government - contained principles of declaration of independence
natural rights - rights that are given such as life, liberty, and property
greatly influenced the founders |
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the first woman to be appointed a supreme court justice (by reagan)
strict constructionist
often was a swing vote bc of case by case outlook |
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State Rep - Cindy Noe
State Senator - Jeff Drozda |
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Definition
Noe
Drozda
very conservative |
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| Senate and House Leaders in Dc |
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republican
changed economics in a good way
honda plant, etc |
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CONSTITUTION
issues of contention |
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Definition
slavery - many things left unresolved. part of population? delegates from large states argued slaves should be considered people in determining representation but as property if the new government were to levy taxes on states based on population. states with little slavery said slaves should be included in taxation but not in determining represtation. THREE FIFTHS COMP maintained from articles of fed. slave trade would be banned in twenty years by congress, but not at the present time.
state power vs. national power |
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CONSTITUTION
compromises at the convention |
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Definition
connecticut compromise (great compromise)
was an essential agreement b/w large and small states reached during the convention. it defined legislative structure and representation that each state would have under the US CONST. it proposed bicameral legistlature, resulting in the current US SENATE AND HOR. |
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CONSTITUTION
Virginia Plan |
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Definition
| a proposal by Virginia delegates, drafted by James Madison while he waited for a quorum to assemble at the Philadelphia Convention of 1787. The Virginia Plan was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the proposed National Legislature. |
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CONSTITUTION
New Jersey Plan |
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Definition
| a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. The plan was created in response to the Virginia Plan's call for two houses of Congress, both elected with proportional representation.[1] The less populous states were adamantly opposed to giving most of the control of the national government to the larger states, and so proposed an alternate plan that would have given one vote per state for equal representation under one legislative body. This was a compromise for the issue of the houses. |
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CONSTITUTION
Why has it existed for 200 years? |
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CONSTITUTION
What is the process of amending the constitution? |
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Definition
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.
The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment along with three young scholars. On May 18, 1992, the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed the certification as a witness. |
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CONSTITUTION
Bill of Rights |
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Definition
he Bill of Rights are the first ten amendments to the United States Constitution. They were introduced as a series of amendments in 1789 in the 1st Congress by James Madison. Ten of the amendments were ratified and became the Bill of Rights in 1791. These amendments limit the powers of the federal government, protecting the rights of all citizens, residents and visitors on United States territory. Among the enumerated rights these amendments guarantee are: the freedoms of speech, press, and religion; the people's right to keep and bear arms; the freedom of assembly; the freedom to petition; and the rights to be free of unreasonable search and seizure; cruel and unusual punishment; and compelled self-incrimination. The Bill of Rights also restricts Congress' power by prohibiting it from making any law respecting establishment of religion and by prohibiting the federal government from depriving any person of life, liberty, or property without due process of law. In criminal cases, it requires indictment by grand jury for any capital or "infamous crime," guarantees a speedy public trial with an impartial and local jury, and prohibits double jeopardy. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,"[1] and reserves all powers not granted to the Federal government to the citizenry or States.
These amendments came into effect on December 15, 1791, when ratified by three-fourths of the States. Most were applied to the states by a series of decisions applying the due process clause of the Fourteenth Amendment, which was adopted after the American Civil War. |
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CONSTITUTION
Establishment Clause |
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Definition
| Component of the First Amendment to the Constitution that defines the right of the citizens to practice their religions without governmental interference. It also places a restriction on government creating a “wall of separation” between church and state. |
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CONSTITUTION
Free Exercise Clause |
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Definition
| A clause in the First Amendment to the Constitution stating that Congress shall make no law prohibiting the “free-exercise” of religion. |
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CONSTITUTION
When can the Government limit free speech? freedom to assemble? |
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Fighting Words Doctrine
Established in Chaplinsky v. New Hampshire (1942) the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence.
Groups that wish to engage in public activism must abide by generally applicable laws, such as criminal trespass or prohibitions on litter, excess noise, crowd congestion and permit requirements. If the government seeks to intervene in the internal affairs of group in a way that impairs its advocacy, the regulation must be narrowly tailored to serve a compelling state interest that outweighs any burden on the group’s speech. |
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CONSTITUTION
Can we protest on school grounds?
Dr. Hull's house?
What's the difference? |
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| Representative vs. Participatory Democracy |
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Definition
representative
elected official chosen by public to vote on matters
participatory
A government in which all or most citizens participate directly. (direct democracy) |
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| "No taxation without representation!" |
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Definition
| The phrase colonists used in response to the Stamp Act |
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| "Life, liberty, and the pursuit of happiness" |
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Definition
unalienable rights
The term inalienable rights (or unalienable rights) refers to a theoretical set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered. They are by definition, rights retained by the people. Inalienable rights may be defined as natural rights or human rights, but natural rights are not required by definition to be inalienable. |
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| the first governing document, or constitution, of the United States of America. The final draft was written in the summer of 1777 and adopted by the Second Continental Congress on November 15, 1777 in York, Pennsylvania after a year of debate. |
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Congress could not force the states to adhere to the terms of the Treaty of Paris of 1783 ending the American Revolution, which was humiliating to the new government, especially when some states started their own negotiations with foreign countries. In addition, the new nation was unable to defend its borders from British and Spanish encroachment because it could not pay for an army when the states would not contribute the necessary funds.
Leaders like Alexander Hamilton of New York and James Madison of Virginia criticized the limits placed on the central government, and General George Washington is said to have complained that the federation was "little more than a shadow without substance."
On February 21, 1787, Congress called for a Constitutional Convention to be held in May to revise the articles. Between May and September, the convention wrote the present Constitution for the United States, which retained some of the features of the Articles of Confederation but gave considerably more power to the federal government. The new Constitution provided for executive and judicial branches of government, lacking in the Articles, and allowed the government to tax its citizens. |
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| The thirteen states established a permanent government in 1781 in the form of a confederation which included a congress that represented the states and had the power to conduct Indian and foreign affairs, mediate disputes between states, and establish a standard for weights and measures. The Articles protected against an oppressive central government, such as a monarchy or oligarchy, by placing power within the fragmented states. |
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| a political philosophy in which a group of members are bound together with a governing representative head. The term federalism is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). Federalism is the system in which the power to govern is shared between the national & state governments, creating what is often called a federation. Proponents are often called federalists. |
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FEDERALISM
role of national gov vs. states |
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Definition
The U.S. Constitution created a federal government with sufficient powers to both represent and unite the states, but did not supplant state governments. This federal arrangement, by which the central federal government exercises delegated power over some issues and the state governments exercise power over other issues, is one of the basic characteristics of the U.S. Constitution that checks governmental power. Other such characteristics are the separation of powers among the three branches of government--the legislative, executive, and judicial. The authors of the Federalist Papers (Alexander Hamilton, James Madison and John Jay) explained in essays number 45 and 46 how they expected state governments to exercise checks and balances on the national government to maintain limited government over time.
Because the states were preexisting political entities, the U.S. Constitution did not need to define or explain federalism in any one section. However, it contains numerous mentions of the rights and responsibilities of state governments and state officials vis-à-vis the federal government.
The federal government has certain expressed powers (also called enumerated powers), including the right to levy taxes, declare war, and regulate interstate and foreign commerce. In addition, the necessary-and-proper clause gives the federal government the implied power to pass any law "necessary and proper" for the execution of its express powers. Powers that the Constitution does not delegate to the federal government or forbid to the states—the reserved powers—are reserved to the people or the states. The power delegated to the federal government was significantly expanded by amendments to the Constitution following the Civil War, and by some later amendments-- as well as the overall claim of the Civil War, that the states were legally subject to the final dictates of the federal government.
After this, the federal government has increased greatly in size and influence, both in terms of its influence on everyday life and relative to the state governments. There are several reasons for this, including the need to regulate businesses and industries that span state borders, attempts to secure civil rights, and the provision of social services. Although many people believe that the federal government has grown beyond the bounds permitted by the express powers, from 1938 until 1995, the U.S. Supreme Court did not invalidate any federal statute as exceeding Congress' power under the Commerce Clause (see United States v. Lopez, challenging the Gun-Free School Zones Act). However, most actions by the federal government can find some legal support among the express powers, such as the commerce clause.
"Dual federalism" holds that the federal government and the state governments are co-equals, each sovereign. In this theory, parts of the Constitution are interpreted very narrowly, such as the Tenth Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the federal government has jurisdiction only if the Constitution clearly grants such. In this case, there is a very large group of powers belonging to the states, and the federal government is limited to only those powers explicitly listed in the Constitution [4].
However this theory also holds the federal government as the final judge of its own powers. Understanding the constitutional role of Native American governments (Indian country), separate and distinct from state and federal governments, exercising limited powers of Tribal sovereignty, has given rise to the concept of "tri-federalism." [5]' |
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FEDERALISM
dual federalism |
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Definition
the belief that having separate but equal branches of government is the best option. This form of government works on the principle that the national and state governments are split into their own spheres, and each is supreme in its respective sphere. Specifically, dual federalism discusses the relationship between the national government and the states' governments. According to this theory, there are certain limits placed on the federal government. These limits are:
a. National government rules by enumerated powers only
b. National government has a limited set of constitutional purposes
c. Each governmental unit—state and federal—is sovereign within its sphere of operations
d. Relationship between nation and states is best summed up as tension rather than cooperation |
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POLITICAL PROCESS
Majoritarians |
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| he majority rules in elections and determines policy decisions |
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POLITICAL PROCESS
political elite |
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Definition
| A group that is motivated to actively participate in the policy-making activity, and who are not always a good representation of the people. |
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POLITICAL PROCESS
political socialization |
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Definition
| a concept concerning the “study of the developmental processes by which children and adolescents acquire political cognition, attitudes and behaviours” |
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POLITICAL PROCESS
source of political values |
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Definition
FAMILY
child absorbs party identification of family but becomes more independent with age
much continuity between generations
younger voters exhibit less partisanship; more likely to be independent
meaning of partisanship unclear in most families; less influence on policy preferences
few families pass on clear ideologies
RELIGION
religions traditions affect famlilies
catholics more liberal
protestants more conservative
jewish more liberal
two theories on differences
social status of religious groups
content of religion's tradition
SCHOOLING AND INFORMATION
college education has liberalizing effect; longer in college, more liberal
effect extends beyond college
cause of liberalization?
personal traits: temperament, family, intelligence
exposure to information
liberalism of professors
effect growing as more go to college
increasing conservatism since 1960's?
yes - legalizing marj.
no - school busing
REGION |
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POLITICAL PROCESS
Libertarian Beliefs |
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Definition
strong support of individual liberty
Out of the many political philosophies that exist, one of the most misunderstood is libertarianism. It is frequently labeled part of the “extreme right”, or it is merely associated with drug legalization. Truthfully, there may be several definitions of the term, but in general, libertarianism encompasses all or most of the following: strong support of individual civil liberties, social tolerance, and private property; belief in the positive powers of the free market; and an espousal of constitutionally limited and greatly reduced government. To put it succinctly, the libertarian believes in the freedom of individuals to pursue their lives as they see fit, as long as they cause no harm to others, with minimal governmental interference.
Libertarian thought is rooted historically in the ideas of many of the Enlightenment thinkers, including John Locke, Voltaire, and Adam Smith, as well as many of the founding fathers of America, including Thomas Jefferson, Patrick Henry, and Thomas Paine. Many libertarians prefer to call themselves “classical liberals”. Their philosophy has also been influenced by writer Ayn Rand’s “Objectivism”, and various free-market economists, including Milton Friedman, F.A. Hayek, and Ludwig von Mises.
To more clearly illustrate libertarian thoughts and beliefs, it is helpful to see how these ideas would affect certain issues being debated at this time, specifically freedom of speech, the international scene (including military defense), taxation, and, of course, drug prohibition. (Keep in mind that libertarians, like most people, don’t agree on everything. In fact, their emphasis on individualism gives rise to a great deal of disagreement.)
Libertarians are strongly supportive of the civil liberties detailed in the Bill of Rights of our Constitution. They maintain that the Constitution does not grant us these rights, but instead recognizes those rights we naturally possess by virtue of our humanity. Included in these rights is the freedom of speech. Unlike many other supporters of free speech, the libertarian sees it as having a connection with property rights. For example, many would claim that to deny the publication of a certain person’s ideas or works would be censorship. The libertarian would say that you can publish anything you would like on a printing press you personally own, but to force someone else to print it would be coercion.
Another area in which libertarians have a unique philosophy is that concerning international affairs, military defense, and police functions. Many in the libertarian movement believe that the only legitimate functions of government are to provide military protection and law enforcement. They would oppose those “entangling alliances” that Jefferson mentioned which lead to treaties like NATO and organizations like the United Nations. They believe these can lead to unnecessary entanglements with other nations, and may ultimately usurp the sovereignty of the individual.
When it comes to the issue of taxes, it is helpful to reflect on the libertarian’s view of property rights. The libertarian view is generally that an individual should have the right to do with his property what he will, as long as it is not causing harm to someone else. In this case, the property being considered is the money an individual has earned. If the result of your labor is money, then it belongs to you, not the government. If another individual came along and took your money from you without your consent, it would be considered theft by our legal system. The libertarian views it as no less a crime when the government takes your money without your consent via taxation. (In those cases where taxation is “necessary”, libertarians prefer the taxes to be low and only minimally intrusive.)
The aspect most often associated with its philosophy by people only marginally familiar with libertarianism concerns the subject of drug legalization. What should be remembered is that the libertarian advocates personal freedom, which they believe includes the right to make decisions concerning your own body. They would argue that today’s drug prohibition is very similar to the alcohol prohibition of the 1920’s, which helped spawn a great deal of criminal activity, profiteering for criminal gangs, and turned otherwise peaceful, law-abiding citizens into criminals. (Of course, if the use of drugs by an individual causes them to harm another, that person must take responsibility for their actions, and must make restitution or receive appropriate punishment.) They also believe that the “drug war” has largely been a failure in its goals, and has diverted law enforcement away from other, more serious crimes.
Libertarian philosophy can be applied to most any issue being debated in our time. By looking at the four areas of freedom of speech, international affairs, taxation, and drug policy, it is easy to see that libertarian thought at its most basic level agrees with Jefferson’s statement, “That government is best which governs least.” |
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POLITICAL PROCESS
Voting Specialists |
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