What do the authors Sitaraman and Warren say about young people and politics in their book Invisible Citizens?

They are motivated, just not into politics.

What do recent surveys tell us about the level of interest in politics among young people?

That beginning post 9-11 it has shown growth, but still lacks what it once was.

Carpini and Keeter argue that it is important for Americans to be informed about politics.  What are three reasons that they give?

Fosters civic virtues, helps citizens to identify what policies would benefit them and incorporate that into voting behavior, promote active participation in politics.

Define government.

the institutions and processes through which public policies are made for society.

List and briefly describe 5 functions that all governments perform.

Maintain a national defense, provide public services, preserve order, socialize the young and collect taxes.

Define politics.

The process by which we select our government leaders and what policies these leaders pursue.  Politics produces authoritative decisions about public issues.

How did Harold Lasswell define politics?

Who gets what, when and how.

Define democracy.

A system of selecting policy makers and of organizing government so that policy represents and responds to the public's preferences.

How did Abraham Lincoln define democracy in his Gettysburg Address?

Government of the people, by the people and for the people.

List and briefly define 5 characteristics of democratic government.

Equality in voting, effective participation, enlightened understanding, citizen control of the agenda and inclusion.

Explain the basic argument of the Pluralist threory of American democracy.

A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies.

What did Alexis de Tocqueville say about Americans and when did he say it?

"Nation of joiners" - 1830's

What evidence is there that de Tocqueville's view is more true now than ever before?

Explosion of interest groups activity.

What does Robert Putnam say about group-based participation in the U.S.?

That many of today's problems stem from the decline of participation in group-based participation.

Explain the basic argument of the Elite and Class theory of American democracy.

A theory of government and politics contending that societies are divided among class lines and that an upper class elite will rule, regardless of formal niceties of governmental organization.

What do elite critics say about pluralism?

That by arguing that everyone can get a piece of the pie, they are missing the big picture of how the pie gets divided.

List and briefly describe 3 challenges to American democracy.

Increased technical expertise, limited participation in government and escalating campaign costs.

Individualism is a fundamental trait of American character.  What was Louis Hartz's argument about individualism in The Liberal Tradition in America?

That it was settled by people who fled from oppression and wanted to be left alone by the government.

How did the existence of a bountiful frontier contribute to individualism?

The frontier afforded people that option.

What was Frederick Jackson Turner's argument about the frontier and individualism?

That the frontier is productive individualism.

Define constitution.

A nation's basic law.  It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

True or False.  Constitutions can be either written or unwritten.

True.

Who was the main author of Declaration of Independence?

Thomas Jefferson.

When was the Declaration of Independence adopted?

July 4, 1776.

What was the purpose of the Declaration of Independence?

To state the grievances committed by Britain and to justify their declaration.

What is the political aspect of the Declaration of Independence?

It was a polemic political argument justifying a revolution.

What is the philosophical aspect of the Declaration of Independence?

It is the American democratic creed underlying American government.

What was the title of John Locke's book that infulenced American political leaders?

The Second Treatise of Civil Government. (1689)

Explain Locke's concepts of natural rights.

Rights that are inherently born to human beings, not dependent on governments, which include life, liberty and property.

True or False.  The concept of natural rights was central in Locke's theory of government and was widely accepted by America's founders.

True.

Explain Locke's concept of consent to the governed.

the idea that the government derives its authority by sanction of the people.

Explain Locke's concept of limited government.

The idea that certain restrictions should be placed on the government to protect the natural rights of citizens.

What 2 limits on government were especially important to Locke?

1 - Government must provide standing laws so that people know in advance whether their act will be acceptable.

2 - The supreme power cannot take from any man any part of his property without his consent. 

What did Locke say about the government and property?

That "the preservation of property was the end of government".

What did Locke mean by "the right to revolution"?

When should people exercise their "right to revolution"?

When unjustices have been deeply felt.  "An inevitable necessity".

Define the Articles of the Confederation.

The first constitution of the U. S. adopted by congress in 1777 and enacted in 1781. 

What did the Articles of Confederation establish?

National legislature and the Continental Congree.

Where did the majority of the power lie under the Articles of the Confederation.

The state legislatures.

What were some of the weakenesses of the Articles of Confederation?

It gave more power to the state's individually and not to the nation as a whole.

Describe Shays' Rebellion.

A series of attacks on courthouses by a small band of farmers led by Revolutionary Was Captain Daniel Shays to block forelclosure procedures.

Why was Shays' Rebellion important?

It helped to spur Congress and the states to look into changing the weaknesses in the Articles of Confederation.

In what month and year did the Constitutional Convention begin discussing a new constitution?

May 1787.

How did the authors of the constitution view government?

A balanced government with complex networks of checks, balances and separation of powers.

How did the authors of the ocnstitution view human nature?

Cynically.  They felt people were self-interester.

Define the New Jersey Plan.

A plan that called for equal representation of the states in congress regardless of population.

Define the Virginia Plan.

A plan that called for representation of the states in congress pursuant to population.

Describe the Connecticut Compromise.

Incorporation of both the New Jersey and Virginia Plan resulting in the forming of two houses of Congress.  One based on population and one not.

How did the constitution address the problem of slavery?

It did not.

In what year did the constitution ban importing slaves?

1808.

True or False.  States were required to return runaway slaves to their owners?

True.

True or False.  States received 3/5 credit for non-free household members in determining representation and population?

True.

How did the constitution protect individual rights?

By incorporating the Bill of Rights.

Describe Madison's separation of powers and checks and balances system pertaining to Congress.

Approves presidential nominations and budget, can pass laws over presidential veto, can impeach president and Supreme Court Justices.

Describe Madison's separation of powers and checks and balances system pertaining to the president.

Can veto congressional legislature, nominate judges, enforces court decisions.

Describe Madison's separation of powers and checks and balances system pertaining to the court.

Can declare presidential acts non-constitutional against both the president and Congress.

Who were the anti-federalists?

Those against the constitution.

Why did the anti-federalists oppose the constitution?

They felt it was created by the elite to benefit the elite and those who created it.

What were the Federalist Papers?

They were a series of articles written under a pen name by Hamilton, Jay and Madison defending the constitution.

How did the Federalist win their support?

Ultimately, by adopting the Bill of Rights.

What was the pen name used by Hamilton, Jay and Madison to write the Federalist Papers?

Publius.  A Roman consul who helped overthrow a monarchy and establish the Roman Republic.

Identify civil liberties.

The legal constitutional protections against government.

Although civil liberties are formally set down in the bill or rights, who defines their meanings?

Courts, police and legislature.

Identify the bill of rights.

The first ten amendments to the U. S. Constitution, which define such basic liberties as freedom or religion, speech, and press and guarantees a defendant's rights.

Define the establishment clause.

Part of the first amendment stating  that Congress shall make no law respecting the establishment of religion.

Define the free exercise clause.

A first amendment provision that prohibits government from interfering with the practice of religion.

Describe what was at issue in Lemon v. Kertzman?

Establishment clause.  A 1971 court decision that established that aid to church related schools must 1) have a secular legislative purpose, 2) have a primary effect that neither advances nor inhibits religion, and 3) not foster excessive government entanglement with religion.

Describe was at issue in Selman v. Simmons-Harris.

Establishment clause.  A 2002 court decision that upheld a state providing families with vouchers that could be used to pay tuition at relgious schools.

Describe what was at issue in Engel v. Vitale.

A 1962 court decision holding that state officials violated the first amendment when they wrote a prayer to be recited by New York's school children.

Describe School District of Abington Township, PA v. Schempp.

A 1963 court decision holding that a PA law requiring Bible readings in schools violated the establishment clause of the first amendment.

In accordance with Lemon v. Kurtzman, what 3 guidelines about public aid to church related schools were established?

1) Have a secular purpose, 2) have a primary effect that neither advances nor inhibits religion, and 3) does not foster excessive government entanglement with religion.

How has the Supreme Court opened public schools to religious activities?

Does not allow religious instructors to come into public schools during the day to provide religious education.  Does not allow mandatory prayer or posting of the ten commandments.  May release students during the day for religious supervision elsewhere.

What has the Supreme Court said about prayer in schools?

It can happen individually but bans sponsorship or encouragement of prayer by school officials.

What has the Supreme Court said about the teaching of evolution, creation science and intelligent design?

Does not prohibit schools from teaching Darwinism, but does not allow the teaching of creation science or intelligent design.

Define prior restraint.

A government preventing material from being published.  Common method of limiting press in some nations, but is declared unconstitutional in U. S.

Describe Schenck v. U. S.

A 1919 court decision upholding the conviction of a socialist who had urged young men to resist the draft in WWI.

True or False.  The Supreme Court determined it could limit speech if the speech provokes a "clear and present danger" of substantive evils.

True.

What are the standards for defining obscenity as defined in Miller v. California?

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "purient interest" and being "patently offnensive" and lacking in value.

Why is it difficult to obtain obscenity convictions?

There is no nationwide consensus  that offensive material should be banned, at least not when it's restricted to adults.

Define libel.

The publication of false or malicious statements that damage someone's reputation.

Define slander.

Spoken defamation.

What did the Supreme Court say about public and private figures and libel in New York Times v. Sullivan?

To prove libel concerning public figures to individual must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.

Define symbolic speech.

Nonverbal communication, such as burning a flag or wearing an armband. 

True or False.  The Supreme Court has afforded some sybolic speech protection under the first amendment?

True.

What restrictions may local communities place on the right to assemble?

Time, place and manner restrictions.

True or False.  Assembly may be restricted by communities if it disrupts public order, traffic flow, peace and quiet, or a bystanders' freedom to go about their business without interference.

True.

What limits may communities place on the content of an assembled group's message?

None.

When is the balance between freedom and order tested?

Limitations can be placed when it refers to a person's right of residential privacy.

What constitutional guarantees does the fourth amendment protect?

Unreasonable search and seizure.

What is probable cause?

The situation occurring when the police have reason to believe a person should be arrested. 

True or False.  If probable cause lead's an officer to arrest a suspect, the officer is then legally able to search for and seize incriminating evidence.

True.

What must the police have in order to conduct a search?

Probable cause and/or a search warrant.

Under what conditions may police conduct a search without a warrant?

If there is probable cause, if it is necessary to protect an officer's safety, or if the search is limited to material relevant to the suspected crime or within the suspect's immediate control.

Define the exclusionary rule.

The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.

True or False:  The exclusionary rule prohibits the use of evidence obtained through unreasonable search and seizure.

True.

What argument do critics of the exclusionary rule make against it?

That it is a technicality that helps criminals avoid justice.

Why do supporters favor the exclusionary rule?

That it protects defendants from abuses of police power.

How has the Supreme Court since the 1980's relaxed the exclusionary rule?

It has allowed evidence to be entered if it would have eventually made it in in its investigation, a good faith exception to the rule, and does not bar evidence made illegal as a result of a technical error.

What rights are protected in the Fifth Amendment?

A constitutional amendment designed to protect rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of the law.

Describe the Miranda v. Arizona case.

The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

What guidelines for police questioning were established in Miranda v. Arizona?

They have a right to remain silent and may stop answering questions at any time, what they say can be used against them in a court of law, they have the right to an attorney and will have one appointed to them if they cannot afford one.

What rights are guaranteed in the sixth amendment?

A constitutional amendment designed to protect individuals accused of crimes.

What amendment protects a defendant's right to counsel, to confront witnesses and to a speedy and public trial?

The sixth amendment.

How did the arrest and detention of suspected terrorists after 9/11 violate the sixth amendment?

It violated their right to a speedy and public trial.

What was the Supreme Court's ruling in Hamdi v. Rumsfield and Rasul v. Bush?

Defendant's were not given the right to attend their trial, the prosecution's ability to introduce heresay evidence, unsworn testimony, and evidence obtained through coercion.

True or False:  The constitution does not empower the president to establish judicial procedure on his own.

True.

Describe Gideon v. Wainwright.

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she may be, has a right to an attorney. 

What protections are guaranteed in the eighth amendment?

Protects against cruel and unusual punishment.

Does the constitution define what constitutes cruel and unusual punishment?

No.

True or False.  Through the fourteenth amendment the bill of rights provision applies to the states.

True.

Can you execute mentally retarded defendants?

No.

Identify the right to privacy in Griswold v. Connecticut.

That a husband and wife have the right to family planning.

Describe Roe v. Wade.

A 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional.

True or False.  In Roe v. Wade it was forbade state control over abortions during the first trimester, permitted states to limit abortions, unless to protect the mother's health, in the second trimester, and permitted states to protect the fetus in the third trimester.

True.