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| The process by which a society makes its governing decisions. |
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| Form of gov't where the people govern (directly or indirectly). |
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| 4 types of Representation |
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| Delegate, Trustee, Politico, Sociological |
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| A party promises something and should be held accountable for making it happen. If they don't fulfill promises, "boot them out". |
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| Trust an representative to make the best decisions for the majority. |
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| Combination of delegate and trustee. Some issues are so important it is better to let an informed trustee make the decision. On other issues, the people want to make the decisions. |
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| Sociological Representation |
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| Belief that representatives will better serve the people if the "represent" the demographics of the population. |
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| limits on the rightful power of the government to govern people. |
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| Free Market Economy (Little or no Gov't interaction) |
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| Body of ruling individuals with established rules, institutions, bureaucracy. Has the power of coercion and the capacity to raise revenues. |
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| Document with historical tradition (i.e. Mayflower Compact), basically says that people have the right to rebel from gov't if gov't does not have the people's interest such as safety in mind. |
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| Hobbs Theory of Human Nature |
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| People are inherently evil, therefore gov't should exist to prevent anarchy. |
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| Separation of power between Nation, State, Localities and People. |
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| Political Outcome is determined by group conflict. Groups have power. |
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| Non-elected officials doing the "administration". Power lies in career administrators who have the specialization. |
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| Power in America is held by highly influential individuals. (business owners, military/political figures) |
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| Shared Values, as apparent in the Declaration of Independence upon which this country was founded. |
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| Pieces of the American Creed |
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1.Self Gov't. (Democracy)
2. Limited Gov't (Federalism)
3. Liberty/Equality
4. Individualism
5. Unity/Diversity |
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| We are different, not better b/c we started from a revolutionary event,we were 1st colony to become independent (minus Iceland), and we share Ideology. |
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| shared past history, goals |
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| Sum of face to face interactions |
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| Importance of French/Indian War [1755-1763] |
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| Colonists were not treated as equals. The Brits lost some battles which proved they were fallible. Put Great Britain in Debt. |
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| Tax on paper, like legal documents |
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| Tax on Paper, glass, lead, and Tea |
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| Colonists dress up like Native Americans, sneak on to a ship in the harbor and dump the tea it was carrying into the ocean. Leads to British Retaliation: more troops, economic sanctions, and blockade of harbor. |
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| 1st Continental Congress 1774 |
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| Colonists meet together for the first time to discuss demands of free assembly, trial by local juries, and end to military occupation. |
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| Battle of Lexington Concord 1775 |
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| Noted as having the 1st shot of the Revolution. |
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| 1776 2nd Continental Congress |
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| No longer interested in appeasing the Brits. Here we speak of rebellion, and Jefferson writes the Declaration of Independence. |
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| Declaration of Independence |
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| Contained Complaints against the king, appealed to the colonists and citizens of Great Britain, showed the world our reasons for dissent. |
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| Enlightenment thinker, wrote about people's inalienable rights. It is possible that Jefferson plagiarized him in writing the Declaration. |
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| Period in time in which people began to look toward science to find answers instead of just religion. |
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| Locke's take on human nature |
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| People are generally rational. People are equal and free and are ruled by reason and by the laws of God. |
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| Clean/Blank Slate. Everyone is born with a blank mind |
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| Articles of Confederation 1777 |
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| States had all the power, essentially. No National Army, no power to tax. Each State had one vote in Congress. |
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| Constitutional Convention 1787 |
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| Held After Shay's Rebellion. National Government could not handle the crisis, so something had to be done. Was a debate among the federalists and anti-federalists. Federalists had a stronger showing. |
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| Problems with the Articles of Confederation |
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| States competed against each other for foreign trade. Different currencies, there was no way to change the Articles of Confederation, National Security Issues. |
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| Proposed that every state should have equal representation. |
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| Proposed that bigger states should have more representation. |
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| The Great/Connecticut Compromise |
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| Bicameral Legislature, Senate (Every State has equal representation) and House (Representation based on Population) |
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| Each slave counts as 3/5 of a person. This gives the South an Advantage. Tabled the issue of slavery until 1808. Congress could tax imports, but not exports. |
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| Added to the Constitution shortly after it's ratification to ensure the rights of individuals. |
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| (85) Written by Jay, Madison, and Hamilton in support of the Constitution. |
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| Dealt with Factions (interest groups). Factions will occur, b/c of human nature. Since we can't oust them we must control them. Stated that a large gov't was better because it included more people, and thus more varied interests. |
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| Separation of Powers by shared powers. Checks and Balances. |
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| Marbury v. Madison (1803) |
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| Foundation for Judicial Review. Adams was leaving office, left Marbury's appt. on desk. Jefferson decides not to deliver it. Marbury asks the court to issue a writ of mandamus. Judge Marshall deems the Judiciary Act of 1789 unconstitutional. Power of one branch cannot be increased/decreased by another branch of gov't. |
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| Gave Supreme Court the right to issue the writ of mandamus. |
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| people-> state-> nation (arrows denote flow of power) |
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| people -> national -> State |
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| Supreme Law of the land is Constitution and all laws thereafter |
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| Supreme Law of the land is Constitution and all laws thereafter |
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| Gun Control in Schools. "Interstate Commerce cannot go to far as it will create too strong a national gov't. |
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| MuCulloch v. Maryland 1816 |
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| Maryland wanted to tax the national bank so impede it from becoming competition to state banks. Established precedent for the necessary and proper clause as well as the Supremacy Clause. Ruled that states could not tax the Federal gov't. The power to tax is the power to destroy. |
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| Slave goes to a free territory with Master. Return's home, Master dies. Slave wants freedom. Supreme Court rules that slaves are property. Invalidated the Missouri Compromise. |
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| John Calhoun and the Doctrine of Nullification |
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| Each state has the right to determine a federal law null and void. |
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| No unreasonable Searches or seziures |
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| Specific Individual rights. Protection from Gov't. |
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| Protection against Self Incrimination |
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| Made it a Crime to print harshly critical newspaper stories about the pres. or other nat. officials. |
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| Prohibited acts of dissent that could harm the nation's effort in WWI. |
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| Supreme Court ruled that Plessy could not sit in the white section of the trolly car. Ruled that discrimination could exist as long as separate facilities were equal. |
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| Drew a line in the sand: above free, below slaveholding to determine if new states would be free. |
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| National gov. must let the states handle Eco. |
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| States cannot regulate businesses |
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| Marble Cake/Cooperative Federalism |
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| Less clear distinctions in gov't power b/t states, localities, and the nation |
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| Using the 14th amendment to extend some rights promised in the constitution to the states. |
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| Griswold v. Connecticut 1965 |
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| Illegal to dispense birth control information. Precedent for Right to Privacy. |
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| 1897 Chicago, Burlington and Quincy RR Co. v. City of Chicago |
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| Supreme Court ruled that the state must compensate you for taking your land. Eminent Domain is selectively incorporated. |
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| Road Construction ruins Barron's Wharf, and thus his livelihood. Supreme Court ruled that states did not have to provide just compensation. |
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| Today money drives the relationship between Nat. gov, states, localities. |
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| Gideon v. Wainright (1963) |
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| Gideon writes an appeal because he didn't have a lawyer in his trial. Supreme Court overturns Betts v. Brady. Selectively Incorporates right to counsel. |
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| Selective incorporation of protection against self incrimination. Miranda confessed to a crime. |
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| Mapp's home was entered by cops looking for drugs. They did not find drugs, but they found porne, which was also illegal and arrested Mapp. Decision was iverturned by the Supreme court because the warrant was not for porne. |
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| Illegally Obtained evidence can sometimes be used if the cops can prove that it would have been found during the course of the search anyway. |
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| Police following a suspected drug dealer stop him for a minor traffic violation. Supreme Court rules that despite the motive cops can stop individuals as long as they have some reason. |
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| Cocaine bearing individuals weren't told they have the right to refuse a search. Supreme Court sided with the cops on account of refusal of a search is common knowledge. |
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| FBI busts in looking for a relative without a warrant. Supreme Court sides with the FBI. It is constitutional to reasonably but mistakenly see probable cause. |
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| Court Rules Knock and Announce no longer necessary. |
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| Established imminent lawless action. KKK speaker mentioned "revenge". Only allowed to intervene when a danger is imminent. |
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| Nazi party wanted to March through a predominately Jewish neighborhood. Ruled that they were allowed to do so. |
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| Established Clear and Present Danger. Resisting Draft. Supreme Court sided with US because it posed a danger to the nation's safety. Got rid of bad tendency test. |
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| Right to free speech selectively incorporated. Supreme court sided with NY because the speech promised communism, which was thought to be a danger to the nation. |
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| Burning of a draft card is illegal. Restricted because it dealt with national security. |
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| In Texas it was against the law to burn the flag. Supreme Court Struck this down because it was not causing imminent danger. |
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| New York Times v. Sullivan 1964 |
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| Sullivan could not sue the New York times for writing unfavorable things about him because he is a politician, and it would interfere with our democratic process. |
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| Dealt with Birth Control. Set precedent for right to privacy. Selectively Incorporated it using the 1st, 4th, and 5th amendments. |
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| Woman wanted to get an abortion in her state. Supreme Court ruled that the state could prohibit them when the fetus was viable, but that the woman was allowed to abort the baby prior to that for any reason. Established the trimester plan. |
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| 1989 Webster v. Reproductive Services |
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| Prohibited governmental funds and doctors from assisting in an abortion. |
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| 1992 Planned Parenthood of Southeast PA v. Casey |
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| Removed the Trimester Plan and replaced it with the Undue Burden Test. Reaffirmed Roe. |
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| Partial Birth Abortion ruled to be ok as long as it protects the mother. |
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| Banned partial birth Abortion |
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| Excludes Abortion from Medicaid funds. |
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| No discrimination in Public places. Was struck down by Court in 1883. |
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| Gave all persons right to hotels, gas stations, other businesses. (Public Accomodations) |
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| Alexander v. Board of Edu. 1969 |
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| No more delay in integration of schools. |
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| Regents of UCAL v. Bakke 1978 |
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| An extremely well qualified student is denied entrance into a Medical School because he is White. Court rules that quotas are unconstitutional. |
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| 1980 Fullilove v. Iclutnick |
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| 10% of public work funds are set specifically for minority run companies. |
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| Overturned Fullilove v. Iclutnick |
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| If you are in the top ten percent of the class of any high school in you will be accepted into the UT system |
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| Gratz v. Bollinger and Grulter v. Bollinger |
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| Point system for minority students is unconstitutional. |
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| Women could buy beer at a younger age than men. Established the Intermediate Scrutiny test |
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| VMI - separate but equal not really equal. VMI must admit women. |
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