-Any process by which people reach agreement on an action when they disagree on the goals of the action.

-What we can and cannot do, study of who gets what, when and how, distribution of power

The institution through which a political unit exerceises a legitimate monopoly of force to distribute goods/values

1. Designed to determine who gets what, when and how within and outside a nation.
2. Designed to find agreement where none exists
3. Designed to resolve free rider and collective action problems

1. Majoritarian Rule
2. Universal Adult Suffrage
3. Electoral districts of approximately equal population
4. free entry of citizens to candidcay for elective office
5. freedom of political communication and association
6. Minority Protection

-The need for limited government to prevent a tyranny of a minority, a tyranny of a majority

-There are limits on the rightful power of government over its citizens

1. Belieg in the Rule of Law
2. Representative Constitutional Government
3. Minimal Government Involvement- populism
4. Market Economy
5. A Bill of Rights
6. Individualism

is a commitment to person initiatice and self sufficency: it rests on the beliefe that people should be free of indie government restraints as they seek to advance themselves economically

• Autonomy of the individual
• Liberty of the individual
• Protestant work ethic= Person Responsibility
• The American Dream

-is the fundamental law that defines how a government will legitimately operate

-The reach of public authoirty, methods of selecting public officials and making policy, and divisions( if any) of power among institutions

- It reaches far beyond government and designates a people's values and way of life.

What it does..

1. determins, Empowers and legitimizes the political order
2. Reflects society's fundamental political values (old and new)
3. its a living document that impacts and changes politics

It impacts and changes politics

1. Vague language: helps deal with future problems and changing contexts
   • Necessary and Proper what does that mean
2. Omission: a lot of information left out of the constitution
   • doesnt say anything about the environment
3. Conflict: Conflicting Language in document itself
   • Necessary and Proper Clause

• A justification for revolt based upon social contract
  • Based on consent of people and government
• provides a list of "injuries and usurpations"
  • Housing of troops taxation without representation
• Britain went against Classic Liberalism

A League of Friendship among the states

Weak Federal Government

• No ability to tax
• no central currency
• no way to negotiate treaties
• no interference in state commerce
• no money to build an army

Result of Naitonal Broken Promises, National government was too weak to ensure its promises

Veterans were not paid for fighting in the war.

Founder had to produce a political order that would accomplish the following:

• Solve the collective action problems through determining and empowering a stronger centralized government.
  • Through determining and empowering a centralized federal government. One that has no power in creating a unified and enforceable national law that all must follow
• Solve the proncipal agent problem through determining a limited centralized government.
• Find a political compromise to get Ratified.

AKA expressed powers, These powers were intended bythe Framers to be the basis for a government strong enough to forge a union that was secure in its defense and stable in its commerce.

Examples the right to tax, to declare war, to make treaties, interstate commerce clause, coin money, the right to make an army or navy

Too much power= potential tyranny

interests: “By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” (Federalist 10)

Cant remove factions as they are an inevitable result of democracy

Manage the effects of Factions through institutional design reducing chances of a tyranny of majority and minority

Tyranny of Majority

The potential of a majority to monopolize power for its own gain and to the detriment of minority rights and interests.

Manage Tyranny of Majority

Embrace republican Principle: Delegate V. Trustee

Extend the Sphere: Increase the size of society and who can participate, Forces cooperation

Create Different Electoral Bases

a minority segment of a poluation has a certain degree of primacy or power in decision making

 lead to people with more money, Bribes people with more money to get votes

“Judge of Elections, Returns, and Qualifications of its own members”

Quorum

• Congress chall make not law.. a bridging the freedom of Speech or of the press.
  • You are free to sya almost anything except that which is obscene, slanders another person or has a high probability of inciting others to take imminent lawless action
• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of.
  • You are protected from having the religious beliefs of others imposed on you and you are free to believe what you like.
• You have the freedom of Assemble to join groups or clubs of choosing
  • You are free to assemble although government may regulate the time and place for reasons of public convenience and safety, provided such regulations are applied evenhandedly to all groups.
• Freedom of the Press you have the right to say and write what you want. the right of the media to print speech, ideas and opinions without fear or harm of prosecution

" A well regulated Militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

You can own a gun or weapon but there are restrictions on owning it.

No unreasonable searches and seizures

A persons houses, persons, papers and belongings cant be searched without a warrant

No person shall be held to anser for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising from land or naval forces, or in the Militia, when in actual sercie in time of War or public danger; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life liberty, or porperty without due process of law; nor shall private proerty be taken for publice use, without just compensation.

Double Jeopardy- cant be charged for the same crime twice or more

Self- incrimination - done have to take witness stand dont have to defend yourself

Grand Jury Trials- to see if there is enough evidence to try you

In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which districtshall have been previously ascertained by law, and to be informed of the mature and casue of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnessess in his favor, and to have the Assistance of Counsel for his defence.

-Speedy public trial(keep the trial public) by an impartial Jury (jury that is not partial to the case)

-Right to counsel

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwisereexamined in any Court of the United States, than according to the rules of the common law.

-Civil Trial by Jury (Miranda Right)

Excessive bail shall bot be required nor excessive fines impose, nor cruel and unusual punishments inflicted.

- No excessive Bail ( insurance to ensure that you return for court date)

No cruel and unusal punishment- Death Penalty? Electric Chair, Fireing squade, cruel punishments.

The enumeration of the Constitution, of certain rights, shall not be contrued to deby or disparage others retained by the people.

- the protection of rights not specifically stated in the constitution

The powers not delegated to the United States by the Constitution, not prohibited by it to the States are reserved to the States respectively or to the people.

- State Rights

- It expresses individuality

- Serves as a means of holding our representatives accountable

- Instrumental: Truth, Transparency (keeping those with power honest and accountable), Self Government (Express content or discontent)

- Humanism: Individualism (express self realization), Tolerance(of different opinions) / Non conformity, Safety Value (can express some ability to let off steam)

Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.

- restraining people from speaking in advance rather than punishing speech after the fact

-Pentagon Papers (1971) NY Times leak sensitive information about Vietnam war {freedom of speech won}

- US v Progressive (1979) Nuclear weapons case progressive magazine published detailed information about how to make a hydrogen bomb {courts won}

Restraining content of speech is not allowed, all ideas are protected

Texas V Johnson (1989) Flag burning case, group burning a flag and got arrested, Johnson won saying that you can burn a flag.

The mode of expression conveys a qualitatively different meaning and message and that content is worthy of protection.

- Cohen V California (1971)- man arrested for wearing a jackect that said "F*** the draft"

Actions that purposefully and dicernibly convey a particular content to those viewing it

- Flag burning case

- Burning of Draft Card

If laws are content neutral, they can regulate the time place and manner of speech

- Protest buffer zone

It is historically unprotected speech under the constitution

- Example Cancelled Quran Burning

Libel are lies about you. Publication of material that falsely damages a persons reputation

Slanders are lies that hurt someone else. Spoken words that falsely damage a person reputation.

Can be jailed for saying things that lead to fighting

written or spoken words, generally expressed to incite hatred or violence from their target

Unhealthy sexual desires that have no value

Bestiality

child pornography

to join groups/ clubs of choosing

you choose the people and groups that you are involved in

it is a part of the first amendment

you can denie people that dont have similar values and beliefs association to you.

you choose the kind of people that you want to be around

The first amendment provision that government may not favor one religion over another of faver religion over no religion, and that prohibits Congress from passing laws respecting the establishment of religion.

- keeping church and state separate

state cant promote one religion over another

Examples: Religion solicitation, flag salute, reciting of proayer in schools, religious displays on public property, public scholarships

A first Amendment provision that prohibits the government from interfering with the practice of religion or prohibiting the free exercise of religion

- Freedom to practice religious beliefs but no right is absolute.

Ex: Mormon polygamy case, Oregon peyote case, animal sacrifice, refusing medical treatment(parents can loose children if they need medical treatment), parents patriot principal, mosque controversy.

~A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which the government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations.

~ A human being has a right to autonomous control over his or her own bodily integrity as well as a right over a certain amount of surrounding physical and psychological space into which no one may enter uninvited.

- right to personal privacy

- privacy connected to individuality

it is a controversial example of right to privacy

There is the right for life for the baby and the rights to the womans body. It is a situation of competing rights.

it is a controversial example of right to privacy

should gays have the right to marry and be a part of society like heterosexuals is it covered in their right to privacy

or there are the rights of society and not want to have the social influence of gays.

Competing rights

A person has the right to say when they die.

the decision of whether an individual who could continue to live with the aid of life support, or in an diminished or enfeebled capacity should be allowed to die.

Can (cant) be detained with out a reason

it is not in the constitution

~ Cant be prosecuted by legislature

~ Is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without the benefit of a trial

- Not in constitution

Cant be prosecuted on a law before it becomes law

a law that takes effect before the legislative process has been completed

- Not in constitution

~ the legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example illegal search and seizure)

~ Evidence obtained without due process can be excluded from the case

created from the Miranda v Arizona case of 1966

the Miranda warning is that the police are required to read to suspects "you have the right to remain silent... Anything you say or do can and will be used against you in a court of law... you have the right to an attorney"

~ The prosecution of a defendent for a criminal offense for which he has already been tried; prohibited under the fifth amendment of the constitution

~ cant be charged for the same crime twice

Dont have to take witness stand and dont have to defend yourself

the act of making statements or producing evidence that tends to prove that ones self is guilty of a crime.

It is protected under the fifth amendment

Death penalty electric chair firing squad

protected under the eighth amendment

" Not State shall...deny to any person with in its jurisdiction the equal protection of the laws"

~ a clause of the fourteenth Amendment that forbids any state to deny equal protection of the laws to any individual within its jurisdiction

~ The law needs to be applied to everyone in the same way

our liberties need to be guaranteed to all of us

~ All citizensneed an eqaul say over what government does

minority groups: ethnicity, women (womens right movement), homosexuals,

Everyone benefited from it

Ensuring that laws are implemented equally to all

~(section one)Neither slavery nor involuntary servitude, except as a punishment for crim whereof the poarty shall have been duly convictred, shall exist within the unites states or any place subject to their jurisdiction.

~(section two) Congress shall have power to enforce this aritice by apporpriate legislation.

The abolition of slavery

Reconstruction Amendment

Equal protections Clause

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall abridge the privileges or immunites of citizens of the United States; nor shall any stat deprive any person of life liberty or property without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.

Reconstruction Amendment

African Americans and all ethnicities have the right to vote in federal elections.

~ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color or previous condition of servitude.  

Reconstruction Amendment

~ The Idea that all individuals should be given an equal chance to succees on their own.

~ Treat things different to make them equal

~ Rich have more taxes than poor

~ everyone starts in the same place

~ Everyone has equal opportunites in life it is up to us to be successful

~ the objective of policies intended to reduce or elminate the effects of discrimination so that members of traditionally disadvantaged groups will have the same benefits of societyas do members of advantaged

~ Everyone makes it to the finish line no matter how much work is put in

~ No incentive to try, all getting to the same place 

~Social state of affairs in which all people within a certain society or isolated group have the same status in a certain respect.

~It is harder for certain minority groups to be equal in society as there is still discrimination in society.

~ Equal opportunities in real life

No discrimination in law all are equal on paper in law

Everyone is equal under the law

Give equal rights to all

A color blind constitution

separate but equal doctrine

Private Action Doctrine

States have to follow Bill of Rights but if there is private discrimination state doesnt have to get involved.

people wont get punished for private discriminaiton

Civil Rights Case (1883)

"Laws permitting and requiring their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other."

" If the race considers that the law create inferiority, it is rather that the race chooses to put that construction upon it"

~ Impact: Institutionalized racism through Jim Crow Laws

~Plessy V Ferguson (1896)- man who was 7/8's white was told to go to colored train car instead of white train car.

~

Brown V Board of Education (1954) There are no distinctions of race in the law

~"Education is perhaps the the most important function of state and local governments"

~ despite the equalization of the schools by "objective" facotrs, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is interpreted as a "sign of inferitority"

~ Racial Classifications are rarely necessary in law.

There were cultural Shifts that occured like:

WWII ends separate but equal African Americans were fighting in the war

USSR Cold War social inequality gains sphere of influences ends separate but equal in order to gain the aliances with other countries

Economic Boom after war african americans should be able to work and be protects.

~ All persons are granted equal access to establishments serving the public

~ Discrimination in the hiring and promoting and wages of employees is barred.

~ Racial profiling is illegal

Protects the right to vote

outlaw discriminatory voting practices (literacy tests) that had been responsible for widespread disenfranchising of african americans in the United States

States cannot impose any voting qualifications or prerequisites or standard practice or procedure to denie or abridge the right of any citizen of the US to vote on account of race or color

~ Five cases from different lower courts where African Americans had sued theaters, hotels and transit companies that had refused them admittance or had excluded them from white only facilities.

~ Congress lacked to constitutional authority under the enforcement provisions of the 14th Amendment to outlaw racial discrimination by private individuals and organizations, rather than by state and local governments.

A man who was 7/8th white was told to got to colored train car instead of white train car.

"Laws permitting and requiring their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other."

" If the race considers that the law create inferiority, it is rather that the race chooses to put that construction upon it"

Linda Carol Brown was denied access into an all white school in topeka Kansas that was closer to her house than the all black school

Separation in schools was unequal and therefore Brown won

~ An invisble limitation on how far a woman can get in a job.

~ Challenged the gender roles

~ women are in work force more women are going to college and getting PHD's

~ Women are running for political offices more frequently

Laws that prohibit sexual activities of the same sex

Laws that prohibited homosexuals from showing their sexuality

Bowers v Hardwick (1985) Dont have right of sodomy

Lawrence V Texas (2003) Do have right to sodomy

~ a policy designed to redress past discrimination through measures to imporve the economical and educational opportunities of those discriminated groups.

~ Programs designed to ensure that women, minorities, and other traditionally disadvantaged groups have full and equal opportunities in employment, education and other areas of life.

applying to schools

Race can only be a factor in someone political inequality in law

A part of affirmative action

Is a prescribed number A certain amount of people or a limit on how much of something can be used.

only looking for a percent of a race this was not ok They only accept 20% of the schools as asian 10% as african americans

The minimum amount of something required to start or maintain a venture

looking for a range of a certain race (5%-25%)

other factors are looked at other than race

Grutter v Bollinger Case where quotas were replaced with Critical Mass

Both can undermine each other

Liberty can undermine/diminish Equality and visa versa

Ex.

-affirmative action

-Money in elections

- Right to associate v right to deny association

Liberties are maintained by government staying out of your life.

The Philosophy that government governs best by staying out of peoples lives, thus givingthe individuals as much freedom as possibleto determine their ouwn pursuits.

~Liberties that are maintained by a government duty to porvide that right to you. Equal protection with the government in your life.

~ The philosophical beliefe that government interventionis necessary in order to enhance personal liberty when individuals are buffeted by economical and social forces beyond their control.

~ No state shall deny the priviledges and immunities of any citizen of the United States

~ Originally states did not have to enforce the Bill of Rights

~ Even these clauses were interpreted to not to apply to states.

No State shall abridgethe rights of individuals without due process of law (14th Amendment)

the claise of the Constitution that has beenused by the jurisdiciary to apply the Bill of Rights to the actions of the state governments.

Ex. Claiformia Propositions

The people--->Policy outcome

the people are legislatures

The people are insulated from making policies to prevent a tyranny of majority.

The people---> The government institutions and elected officials---> Policy Outcome

hold elected officials accountable

-president 4 years

-house of representatives  2 years

-Senate 6 years

It is a requirement oflegitiamte elections

making it easy for a person to be nominate for a political position

This allows for competitive and fair elections

Voter choice is kept secret to diminish threats of intimindation or bribery

the problem with it is voter fraud

It is a strong system in the US

Each one person gets only one vote

there are different sections to this idea like

~Legislative Apportionment

~Gerrymandering

~Political Thicket

~Campaign Finance reform

drawing of state and federal district lines

make sure districts have roughly the same number of people

reserved state power

Not redrawing lines to ensre that the officials are reelected

This is the problem with Apportionment

Solution: court calls for a rough equallity of population based upon objective standards

~Reynolds v Sims (1963) State senate the Alabama district plan was challenged

Drawing District lines to maintain status quo of power

Types:

~political courts find this to be legal

~racial Shaw v Reno (1994) makes this unconstitutional

Craking: community of both parties divided to put one party as minority (all cracked up like a crushed shell)

Packing: Community of one party (lines are around a solid area of one party)

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Race and ethnicity in 1870 the universal suffrage increase

after Civil war

Women gained the right to vote after WWI

The right of citizens to vote shall not be denided or abridged by the United Staes or by any State on account of sex.

Outlawed poll Taxes

Right of citizens of the United States to vote in any primary or other election for President of Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United states or any State by reason of failure to pay any poll tax or other tax.

18 year olds can vote they can go to war they should be able to vote

The right of citizens of the United States who are eighteen years of age or older to vote shall not be denied or abridged by the United States or by any state on account of age.

Incarcerated Felons- in prison not much access to what is going on, Cant trust them, Maine and Vermont allow them to vote

Ex Felons- 11 states allow them to vote must apply to gain voting right

Non-Citizens- refugees, victoms of human trafficking and visa holders cant vote

if grandfather could not vote prior to civil war then they cant vote

Must pass a literacy test if grandather could vote prior to civil war to be able to vote

whites were graded/ tested easier than African Americans who were graded/ tested harder

it was a test to limit the kind of people that voted.

to diminish Universal Suffrage

a tax to be able to vote $13

it was another attempt to diminish universal suffrage

Multiple voting one person multiple votes

Dead Voters: people vote under dead peoples names

Ineligible voters: ways around rules

By not requiring to show ID fraud can occur

It was a case  that outlawed the grandfather clause

It was a way to correct the tyranny of minority

A case in 1963 with the state sentate where the Alabama districting plan was challenged

There were 15,000-600,000 people in one district

only vote for own party

most primaries are this

Deals with elections Fair elections  ease of nomination

stopped it choose who runs in first place

gateway to being nominated made nomination process harder

Campaign funds given directly to candidates to spend as they choose

There is a spending limit on this

People spending their own money on political campaigns that are not attached to the main campaigns

Citizens United V FEC

there is no limit on this

Voluntary is On your own will Voting system of America

Compulsory are required to vote if you dont you het fined and can go to prision Voting system of Australia

It is what America is and for a candidate to win they have to have 50% plus one and then they get all of it.

This creates a two party system

It means being isolated and disenfranchised with the political process

A feeling of personal powerlessnessthat includes the notion that government doesnt care about the oponions of people like oneself.

People dont care about politics because thie lives are generally content

Wont get involved in politics unless theyt start noticing problems in their live.

Indifference--->Low political Knowledge= illegitimacy

With this politicans can and do lie to the people about problems/solutions

~ A form of electoral judgement in which voters choose the candidate whose policy promises most closely match their own preferences.

~ it is a type of responsiveness choose based on what a candidate will do in the future.

-Candidates must do what they promised

-Not all promises are kept (washington outsider going to change political system)

-Create a cynical experience for voter

a form of electoral judgement in which voters support the incumbent candidate or party when their polices are judged to have succeeded and oppose the candidate or party when their polices are judged to have failed.

Based on what a candidate or party has already done

-Candidates show strength downplay weaknesses

-Candidates show weakness of opponents

-Creates a cynical experience for voter (shows negative sides)

Reducing Costs

~ Registration

-motor voter act (19930 voting at DMV

~Voting

-Election day registrations (registering on day to vote)

-Time off to vote

- Multiple voting precincts (voting polls)

~Information

-rely on person information

-pseudocertainty people that know their information

*News Sources (FOX, MSNBC)

*Part ID Loyal to Democrats or Republicans

*Political endorsements certain people endorse candidates

*Political Actions How a candidate conducts themsleves

*Groups

-Drunkards Search Information coming through TV and entertainment

Increasing Benefits

~Make a difference in the election

-Close election come down to a fewvotes to determin who wins

~ Framing the debate

-single issue voters

~Psychological benfits ("Civic Duty") intimidation

-reaffirms national identity

-social rewards

-policy results

are a way to reduce the cost of voting

people are on a mailing list to get the same ballot for the election they either cant make it out to the election cite or want to do it on their own time

A way to reduce costs of voting

there are multiple areas with voting polls

gets rid of the excuse that it was too far to go to vote for the most part.

increases the number of people that would go out and vote.

people that know their information it is a way to reduce costs through information

*News Sources (FOX, MSNBC)

*Part ID Loyal to Democrats or Republicans

*Political endorsements certain people endorse candidates

*Political Actions How a candidate conducts themsleves

*Groups

Close elections come down to a few votes to determine who wins

it is more competative and a fair race

Reaffirms national identity

Social Rewards

Policy results