The struggle occurring within political systems between political actors who strategically use the resources at their disposal in order to achieve wealth, status, or power

Government is an organization that: consists of a defined institutional structure, made up of individuals who occupy these structures in order to regulate behavior of citizens, and do so through a monopoly on the legitimate use of violence

Hobbes said Without Overarching Power Individuals Will Do Anything To Achieve What They Want.

Non-Divisible = cant contain or divide it equally. Non-Excludable = you cant stop people from using it. Ex. Clean air.

People can just be shitty while everyone else follows rules and still feel benefits. Either persuade good action with subsidies/tax deductions, or coercion  with IRS/prisons/fines etc.

Opportunity to Participate is Widely Shared, Participation Guides the Government, Participation Occurs Under Conditions of Liberty and Equality. (Pop Sovereignty + political equality +liberty of people).

Rules: Congress = National Government. Members of Congress Elected by State Legislators & Each State Equally Represented. Supermajority for All Actions. War & Raise Army By Request. Not Tax Citizens, Voluntary Contributions. Coin Money, So Could States. No Interstate Regulation of Commerce.

John Locke said People Consent to Government and Give up Complete Liberty and In Return Government Protect Rights and Private Property. People Are Source of Government’s Power.

Bi-Cameral Legislature. House = Representation Based on Population. Senate = Equal Representation (2) Elected by State Legislatures.

The debate was over whether, and if so, how, slaves would be counted when determining a state's total population for legislative representation and taxing purposes. They said slaves were to be counted as 3/5^th of a person each.

Requires: Constitution (Outlines Powers and Domains). Elected Officials. Raise Revenue by Taxation. Independent Authority to Pass Laws that Regulate Citizens Lives.

Say States must honor public acts/judicial decisions.

Background: Federal Estate Tax Exemption for Surviving Spouses. Section 3 of DOMA. Prevented Same Sex Couples From Federal Rights and Protections. $363K in Estate Taxes

Decision: 5-4, Violation of Equal Protection Clause

National Government (Econ Dvlpt): Infrastructure, Subsidies to Shipbuilders/Free Land, Tariffs, Defense. State Government: Everything Else

Background: Establish National Bank. Cautious Fiscal Policy = High Interest Rates. MD passes law to tax bank

Questions: Can the Federal Government Establish a Bank? Does Federal Law Trump State Law?

Decision: Necessary and Proper Clause. Expands Areas of Legislation. Supremacy Clause. Power to Tax is the Power to Destroy.

Background: Rival Steamboat Companies Operating on Hudson River. Ogden – Monopoly to Operate on Hudson by NY Legislature. Gibbons Sues

Decision: Interstate Commerce Clause. Supremacy Clause. Defined as “Commerce Among the States . . . Extending to Every Species of Commercial Intercourse”. Established Federal Government has supremacy in all economic matters concerning one or more states.

Definition: Use of $ To Encourage States to Pursue National Goals. More Involvement  in: Education, Environment, Race Relations, Electoral Laws, and Criminal Justice. Gives $, States Implement and Enforce

Origins: New Deal & Inability to Deal with Crisis

Mechanism: Categorical Grants - Grants Which Provide Money to State and Local Governments on the Condition That Funds Be Employed for Purposes/Problems Defined by Federal Government. Spending Clause – Authority to Tax and Spend for the General Welfare.

Background: Agricultural Adjustment Act. Regulate Amount of Wheat – Increase Price & Assists Farmers. Filburn Produces Excess Wheat. Fined Under AAA. Congress Does Not Have Power to Regulate Privately Produce Wheat for Private Consumption – No Interstate Commerce

Decision: Affects Overall Demand for Wheat and Affects Interstate Commerce. Any Law to Regulate Private Behavior – Relation to Interstate Commerce.

Background: Raich Argument: Controlled Substance Act is Unlawful Extension of Interstate Commerce Clause. 5^th and 10^th Amendment. Federal Argument: Single Exception Made – Become Unenforceable in Practice.

Schedule I Drug: “High Potential for Abuse”. “No Currently Accepted Medical Use in Treatment”. Possession, Cultivation, or Distribution is Federal Crime & Supremacy Clause. Interstate Commerce. After manufacture. Weed travels between states for distribution and consumption. Consuming Locally Grown Marijuana Affects Interstate Market of Marijuana (Wickard v. Filburn). Govt can regulate and prohibit.

Legal Question: Does Congress’ power to regulate  interstate commerce extend to the regulation and outlaw of small homegrown quantities of doctor recommended marijuana?

Yes (6-3), “No choice but to uphold Congress’s firmly established power to regulate purely local activities . . . That have a substantial effect on interstate commerce” – Justice Stevens.

Definition: Paternalistic. Imposition of Legislation W/O Appropriate Funding

Mechanisms: Take Away or Threats to Take Away $. Ex: Legal Drinking Age and Highway $

Sets National Standards in Policy Area. No $ to Cover Costs. Ex: No Child Left Behind & Americans with Disabilities Act

Definition: More Power Given to States to Make and Administer Programs

Origins: Change in Congress, GOP and States’ Rights. Fed Infringing on Life, Liberty, and Pursuit

Mechanisms: Block Grants - Provide $ in General Area with Few Guidelines. Revenue Sharing - Reallocation of tax $ with few restrictions. States Know Own People and Problems = Know Most Effective and Efficient Use of $.

Background: Gun Free School Zone Act. Gun on School Property – Federal Offense. Criminal Justice = State Domain. Interstate Commerce Clause, Hurt People’s Ability to Learn Which Hampers Economy & Limits Travel to Schools Between States

Decision: Link Between Interstate Commerce and Gun Control Unrealistic

Overview: Speech is Fundamental to Functioning of Democracy

Strict Scrutiny:

1.Burden of Proof on Government To Show Law is Constitutional

2.Law Must Achieve Compelling Governmental Interest

3.Least Restrictive Means to Achieve Interest

Invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment.

a.     Part of 1^st Amendment stating: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Way to see if a law violates establishment clause. 1.Secular Purpose

2. Can Not Advance or Inhibit One Religion or Religion in General. 3.Can Not Entangle Public Officials with Religious Institutions/Activities.

a.     Set of Beliefs Qualify as Religion vs. Set of Preferences (Atheism). Distinction b/w Core Religious Exercises v. Customs (Wine)

a.     If Individual or Group Violate a General or Neutral Law Then Can Not Use Religion As Justification.

Definition: Freedom from Government Interference in Private Aspects of Our Lives If Behavior Does Not Harm Others

9^th Amendment: “The Enumeration in the Constitution of Certain Rights, Shall Not be Construed to Deny or Disparage Others Retained by the People.

a.     Major Abortion case. Right to Privacy. Autonomy to Abortion in First Trimester. State Involvement in 2^nd and 3^rd Trimesters

Obligations To v. Protections From: Obligations of the Federal Government to Protect Citizens from Any Illegal Action Perpetuated by States or Private Institutions. Obligation to Ensure/Protect Equal Treatment and Equal Protection Under the Law

Groups v. Individuals - Protect Rights of Groups From Attack From States or Private Organizations.

1.13^th Amendment – Abolish Slavery

2.15^th Amendment – Right to Vote (Men)

3.14th Amendment - All Citizens Afforded Same Rights and Protections in Constitution Regardless of Identity.

a.     Made all people who could vote beore Civil War (whites) expemt from poll tax and literacy tests.

a.      Tried to say train car segregation unconstitutional. Upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal".^[1] The decision was handed down by a vote of 7 to 1. "Separate but equal" remained standard doctrine.

a.     Same issue as Plessy v Ferg, but in terms of segregated schools. Overturned Plessy ain unanimous decision. (9-0).

Definition: A range of policies, particularly in education and employment, which explicitly takes into account race, ethnicity, or gender in decision making process

Why Affirmative Action?

1.Rectify Effects of Past Discrimination

2.Undo Current Discrimination

3.Increase Diversity and Produce Leaders.

Arguments Against: 1.Reverse Discrimination, White Men/Same Offense/MLK

2.Undeserving Advantage, Not Earned Based on Qualifications/ No Discrimination

3.Minorities and Women Hurt

a.     Summary of valenced or affective beliefs about an object. The Distribution of Individual Preferences within an adult population on matters relevant to government and politics.

New Information ->Reception: 1.Exposure 2.Attention 3.Comprehension

Sources - Respected, Trustworthy, Legitimate? In face of Strength of Pre-Existing Attitudes.

a.     The ability of the media through its selection of issues as “newsworthy” to influence what the public considers the important issues of the day

a.     the ability of the media to select a particular interpretation of an issue in order to attract support or opposition to a political issue

The ability of the media by selecting some issues as newsworthy, while ignoring others, influences the standards by which political candidates are evaluated