Politics
A political system that puts selection of policymakers and policy in the hands of the people
Federalists
those who favored a strong national government and supported the Constitution proposed at the American Constitutional Convention of 1787 **Alexander Hamilton
Anti-federalists
those who favored strong state governments and a weak national government and who were opponents of the Constitution proposed at the American Constitutional Convention of 1787 ** Thomas Jefferson
articles of confederation
America's first written constitution; served as the basis for America's national government until 1789
Purpose: established a central administrative/political mechanism to handle primarily the business of war with the British (declare war/peace, make treaties, borrow money, raise a military force, establish weight-measurements-postal service)
Shortcomings: Couldn't collect taxes, no national court system, powerless to regulate inter-colonial trade, no strong executive to enforce laws and policies, no strong central government
popular consent
the people agree to be governed by a government of their choice
Locke's Second Treatise on Civil Government
Identifies natural laws: life, liberty, property
Role of government is to protect people & people agree to abide by decisions made by the majority vote.
Consent of the people, popular consent & popular sovereignty, is only true basis of any government.
Factors that contributed to a democratic model of government
1) Western Political Philosophy
2) English Government Examples
3) Colonial Experiences
The 4 OFFICIAL ways the Constitution can be amended
1) Article 5: 2/3 of congress approves --> ratified/adopted by 3/4 of state legislatures **Most popular
2)Article 5: 2/3 of congress approves --> ratified/adopted by amendment conventions of 3/4 of states (used once)
3) Amendment is proposed by national constitutional conventions requested by 2/3 of state legislature -->ratified by 3/4 of states (never used)
4) Amendment is proposed the same way -->ratified by state constitutional conventions in 3/4 if states (never used)
The 4 UNOFFICIAL ways the Constitution can be amended
1) Supreme Court decisions
2) Legislative Actions/Laws
3) Presidential and Congressional Action
4) Popular Customs and Practices
Preamble
We the People..." : contract between population & government
Article 1
All legislative power: 2 houses (bicameralism), longest article, Section 8=areas government can operate and authority
Article 2
The executive power: President "hammer", short article
Article 3
The judiciary power: Supreme Court; court system
Article 4
Full faith and credit... : Section 1, interstate obligations, and Section 3, how new states are admitted
Article 5
Amendments to constitution: official pathways for ratification; only Prohibition was ever repealed
Article 6
Debts, supremacy, oaths: supremacy clause
Article 7
Ratification; approval by 9 states
checks and balances
mechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments
federalism
a system of government in which power is divided, by a constitution, between a central government and regional governments
the Federalist Papers
a series of essays written by Alexander Hamilton, James Madison, and John Jay supporting the ratification of the Constitution
the Great Compromise
the agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population
Virginia Plan
a framework for the Constitution, introduced by Edmund Randolph, which called for representation in the national legislature based on the population of each state
New Jersey Plan
a framework for the Constitution, introduced by William Paterson, which called for equal state representation in the national legislature regardless of population
separation of powers
the division of governmental power among several institutions that must cooperate in decision making
Supremacy Clause
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision
Three-Fifths compromise
the agreement reached at the Constitutional Convention of 1787 that stipulated that for purposes of the apportionment of congressional seats, every slave would be counted as three-fifths of a person
block-grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent ** very few or no strings
categorical grants
congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law ** strings attached; conditional
Why has American government been relatively stable for over 200 years?
The articles in constitution has multiple ways to change the constitution and can adapt to the needs of the population promoting stability and preventing the need for dissolution or unrest.
devolution
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments
expressed/enumerated powers
specific powers granted by the Constitution to Congress (Article I, Section 8), and to the president (Article II) **17 powers
prior restraint
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances
Full faith and Credit Clause
Article IV, Section 1, of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state
police power
power reserved to the state government to regulate the health, safety, and morals of its citizens
reserved powers
powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states
What is the 10th Amendment?
Referred to as the states' reserve or police power. The authority to regulate our daily lives; safety, education, elections, morals, etc.
Federal grant programs can have what effect on the states
Advancing national goals on the states
The 3 phases of the practices of Federalism
1) The Early Years: 1789-1865 = Period of increasing national power **ended with Civil War;succession of southern states
2) Dual Federalism: 1865-1937 = States and federal government have separate jurisdiction and responsibilities **layer-cake analogy
3) Cooperative Federalism: 1937- Today = States and federal government work together to solve social and economic problems **New Deal programs & marble-cake analogy
Bill of Rights
the first ten amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people
Why were the Bill of Rights adopted?
At the 1st congress, they were adopted as a compromised between Federalists (for national power) and Anti-Federalists (against national power) to protect the citizens from improper government action; limiting the national government and not the state governments. The first 10 articles were ratified and became known as the Bill of Rights.
civil liberties
areas of personal freedom with which governments are constrained from interfering
clear and present danger" test
test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society
fighting words
speech that directly incites damaging conduct
Lemon Test
a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion
Miranda Rule -> Miranda vs Arizona
the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
Griswold vs Connecticut
the Supreme Court found a right of privacy in the Constitution
Roe vs Wade
the Supreme Court extended the right of privacy in the Constitution
Declaration of Independence
July 4,1776- a statement of American Independence from British rule. Many ideals within first 2 paragraphs were influenced by Locke and Hobbes to promote natural laws. This document unified the various colonial groups and was used to solicit military allies for the colonials to fight against the British.
Affirmative Action
government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities
Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 outlawed job discrimination by all private and public employersincluding governmental agenciesemploying more than fifteen workers
Brown vs Board of Education
the 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions
civil rights
obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies as well as of other private citizens
Jim Crow" laws
laws enacted by southern states following Reconstruction that discriminated against African Americans