it provides for the common defense, insures domestic tranquility, establishes justice, promotes general welfare, secures the blessings of liberty and posterity
necessary to avoid anarchy of the state of nature
What are the three themes of the textbook?
politics is everywhere, political process matters, politics is conflictual
What are the sources of conflict in American Politics?
Economic Interests, Culture, Identity, Ideology
Why was Madison concerned about factions?
Thought they were a threat to society's long term interests and that they would work toward self-serving goals rather than the broader interests of the community
What solutions did Madison suggests to the "violence of factions"?
A "well constructed union"
Either remove liberty or make everyone the same
What is the system of "checks and balances" and the "separation of powers"?
C&B- an important part of the Constitution. Each of the three branches of government can limit the powers of others. No branch becomes too powerful.
SoP- state is divided into branches or estates each with separate and independent powers and areas of responsibility
What were the founders views of human nature and how did that help shape The Constitution?
The framers did not trust popular majorities to control the government. They viewed human nature as self-interested
Attachments to different leaders are part of human nature
Because people are often driven by self-interest, which sometimes conflicts with the common good, government must haowever, try to control the effects of factions
Did the founders' self-interests play an important role in how the constitution was made?
They did want the document to be lasting
Beard says yes, but Brown says that if the founders who were rich were effected by the Articles negatively, then the classes below them probably were effected even worse
Important compromises reached at The Constitutional Convention
Majority Rule vs. Minority Rights
Small States vs. Large States
Legistlative vs. Executive Power
National Power vs. State and Local Power
Slave States vs. Nonslave States
Majority Rule vs. Minority Rights
to control majority tyranny, factiosn must be set up against one another to coutner each other's ambitions and prevent the tyranny of any single majority faction
Checks and Balances would protect against majority tyranny
Small States vs. Large States
The Great Compromise - House of Representatives based on Population and the Senate would have equal representation for each state
Legistlative vs. Executive Power
Agreed on the single executive branch because he would have the most "energy dispatch, and responsibilty of the office" but they constrained his powers in the system of checks and balances
National Power vs. State and Local Power
overall compromise was the second of Madison's protections
Federalism would divide power between autonomous levels of government that contributed to different areas of policy
Slave States vs. Nonslave States
Three-fifths compromise:the states? decision during the Constitutional
Convention to count each slave as three-fifths of a person for the purposes of
determining the number of House districts per state based on population
Powers clearly granted to the President in The Constitution
Commander in Chief of the armed forces, power to receive ambassadors and foreign mnisters and to issue pardons.
Most important power is to ensure "that the laws are faithfully executed"
Powers clearly granted to the Congress in The Constitution
Power to raise revenue for the federal government (through taxes and borrowing), regulate interstate and foreign commerce, coin money, establish post offices and roads, grant patents and copyrights, declare war, "raise and support armies" (draft), make rules for the military and create and maintain a navy
Important areas of shared powers
The power to negotiate treaties and make appointments to teh federal courts and other government offices
War powers were meant to be shared with the President as commander in chief and the Congress the power to declar war and to appropriate funds to conduct that war
Advantages and Disadvantages of Having a Strong Central Government
Advantages - more contorl over the states, creating levels of government both on national and state basis without giving state too much individual control
Disadvantages - possibility of tyranny if it is set up in a different way
Why The Constitution has survived 200+ Years
Embodies many of hte central values of American citizens: liberty and freedom, majority rule and minoriity rights, equal protection for all, division of power within levels of government
Its ambiguity key passages are written very genrally and there for the Constitution can grow and evolve with changing norms, values, and poitical contexts
Differences between federalists and anti-federalists?
federalists support a strong national goverment while anti-federalists support a strong state government
Amending process difference for a national or state level
On a national level, the process for amending is complicated and slow. The founders believes that the fundamental law of a nation should not be casually altered.
On a state level, Americans have amended, expanded, revised, and totally rewritten their constitutions with some frequency - also has much positive law
Constitutional basis for federalism
Strong national government while preserving the autonomy of the states
built on the principle of dual sovereignty
Does the federal system serve our needs today?
Two characteristics of federalism are fundamental:
citizens elect officials of their choice for different positions, and each level of government raises money through taxation from the citizens residing the area for which it is responsible.
How does a national government coerce states to comply with its mandates?
States stil have individual government processes to attend to
What are the arguments supporting unfunded mandates?
Members of Congress because tehy love to be able to tell States to do things without havign to pay for it
Why? National policy you'd liek to be promoted but you may not have the money to do so
If a state chose not to follow, congress can limit funding for another policy as a punishment
based on dual sovereignty, undoubtedly helped with fledging American democracy
Post Civil War Federalism
although states lost their sovereignty, they remained integral to the workings of the American Goverment
State powers which limit national powers
states have the power to choose the electors for teh electoral college, states granted a central role in the process of amendign the constitution, three-fourths of the states must agree to ratify any constitutional amendment, states can also bypass Congress in proposing amendments if 2/3 of the state calls for a convention
What are the problems with devolving power to the states?
evolving power to the states
What are the advantages of giving more power to the states?
states appear to be taking steps in coordinating policies, refleted in multi-state collaboration in such areas to either fill federal policy voids or coutner federal decisions
What role has the Supreme Court played in the evolution of relations between the state and national goverments?
Courts tend to favor the transfer of pwoer to the states.
They play a larger but inconsistant role, and issues of "states' rights" increasingly tend to cut across normal idological and partisan divisions
How do the medical marijuana and assisted suicide cases illustrate tensions between national and state power?
Almost no consistancy among the eight justices, Democrats favored national control, Republicans favored State control
Zinn's definition of democracy
includes not only criteria for which bear upon how decisions get made, but also upon what results from such decisions
he argues taht such results must lead to a certain level of human welfare within a society
he concludes that we fall short of the mark of democracy in several areas
Hook's opinion on democracy
Willing to acknowledge that democracy may indeeed funtion more smoothly in societies where the conditions of human welfare are high, but he insists that these conditions do not themselves constitute the definition of democracy. Rather, he maintains that democracy is a process and a way of making decisions. Human welfare is irrelevant.
How does Friedman see the market?
sees the market as being a checking pwoer through the competitive system of coaptialism
Framed in the system of checks and balances
Believes the separate market checks on political power (2 seperate spheres) and one will offset the other
How does the market create an automatic punsihment or "recoil mechanism" which constricts democracy?
the punishing system the market gives to politicians
market says if the goverment implements certain things, they will close
losing jobs would punish the politicians for regulating the businesses to too far an extent
What is the place of business interests in our system?
there is a privelaged position of business in the political system of all market oriented societies.
the tasks assigned to buisness people are no less important than those assigned to government officials.
Businessmen direct capital accumulation, income distribution, and resource conservation, as well as discharge more particular tasks
undertake specific coordinating tasks, bringing of farm products to urban consumers
What does Friedman think about the relationship between capitalism and democracy?
capitalism goes along with democracy. But then he says that having a strong capitalist system and strong democracy, you can't have both so strong and you must eliminate or lesser the capitalist system
increaisng the market reducing government participation
Limiting the power of the market
worker ownership, workplace democracy
limiting the effects of the market so the recoil mechanism can't be that strong.
people have more of a say in how their jobs are conducted.
Don't need as strong of a government influence on workplace safety and conduct.
family leave act
Soro's argument about the relationship between capitalism and democracy?
Capital more liquid than labor, unstable financial markets, role of the state in shaping its own plicy has been underminded by globalizaiton. Need shared values other than the market. The market economy is ok, but not the market society.
Political freedom, social justice, and an open society
In conjunction with Lindbloom's argument, says small countries are limited with what they can do with their policies
a political view that seeks to change the political, economic, or social status quo to foster the development and well-being of an individual
democrats view on capitalism and democracy
positive role for teh government, especially in areas that produce capacity of the nation.
Regulation: environment, workplace and product safety. Increased call for regulation on the financial sector in light of the recent economic crisis.
Keep medicare and Social security as they are rather than openign up to the market forces
Family leave act
republican view on capitalism and democracy
central role for the free market, limited role for the government
education: vouchers and school choice
privatize social secuity and more market forces for medical care
what are the circumstances under which the supreme court will limit our civil liberties as guaranteed by the first amendment?
Freedom of Speech - direct incitement, bad tendency, clear and present danger test
Freedom of Press: censorship and prior restraint
Religion: establishment clause, lemon test
no prayer in school
forbids goverment action that has no secular purpose, has the primary effect of advancing or hinhibiting religion, or fosters an excessive entaglement between goverment and religion
free exercise clause
free exercise wins regarding the pledge of allegience, amish children not in schools, and sabbath observation
free exercise loses because of a "compelling state interest" Traffic signs on Amish vehiclas, illegal drugs, military uniforms, Christian Scientists and the health of children
should hate speech be restricted on college campuses and elsewhere?
difficult middle-ground area
Rauch's opinions on banning hate speech
bans on hate speech may replicate teh very marginalization that they are aimed against, carrying a subtext that victims cannot speak for themselves
What is the best approach to walking the tightrope
between individual freedoms and public order; i.e., how do we protect
defendants? rights without ?coddling criminals??
Exclusionary rules help protect defendant's rights without coddling criminals
Police can only take evidence from a crime scene that is in plain view
examples of the attempt at "balancing interests" and "drawing lines" concerning civil liberties
poice do not need a search warrant to have drug sniffing dogs search luggage at an airport, or a car that has been stopped for a travic violation unrelated to drugs
What are the different standards for protecting the freedom of speech?
The direct incitement test holds that speech is protected
protection of symbolic speech
ivolves the use of signs, symbols, or other unspoken acts or methods to communicate in a political manner
the Supreme Court stated that protected "speech" need not be verbal
Cole and Demspeys assumption on the tradeoff between security and freedom
the united states should not overreact in times of fear; infringement on basic constutional values are justifiable only when highly compelling evidence is present; government policy should not sacrifice the liberties of vulnerable minorities to gain security for the majority
Terrorism requires us to alter the constitutional balance we have long struck between government power and personal freedoms
curtailing civil liberties does not necessarily promote national security
cross-examination as an effective engine of truth
anyone who was suspected to have a tie with the
terrorists was taken abroad and tortured. The US claimed that they were sending
them abroad but had no part or knowledge of the torturing
Posner and his ideas regarding the tradeoff between secuity and freedom
argues that the US should pay attention to what we already know.
Defines civil liberties as the freedom from coercive or otherwise intrusive governmental actions designed to secure the nation against real, or sometimes, imagiend internal and external enemies
concern that it may create a climate of fear for the innocent
Differences between Civil liberties and civil rights?
Civil liberties: protection of citizens against improper government action; stated in negative terms
Civil Rigts: positive action to promote citizens from illegal actions of other citizens and other goverment agencies; stated in postive terms
When should the constitution be amended?
no right or wrong answer
should it be amended for policy purposes or broader ideas?
people should be able to do what they want and the goverment shouldn't intervene as long as they aren't interfering with others' rights
McColloch vs. Maryland (1819)
The State of Maryland had attempted to impede the operation of a branch of the second bank of the united states by imposing tax on all notes of banks not chartered in Maryland.
Court invoked the necessary and proper clause
that aren?t explicitly granted in the constitution but can be inferred
Gibbons vs. Ogden (1824)
state power, steamboat operator who ran a steamboat across the Hudson river and he was granted a monopoly by the state of New york. NJ people complained about his monopoly.
US agreed that congress should be able to dictate interstate commerce, not the State of NY
Barron vs. Baltimore
Baltimore was doing work in an area that fell onto Barron's property. He sued under the 5th Amendment.
Dred Scott vs. Sanford
Supreme Court ruled that people of African descent imported into the United States and held as slaves, or their descendants, whether or not they were slaves, were not protected by the Constitution and could never be citizens of the United States
US vs. Lopez
gun free schools
US vs. Morrison
violence against women act
"no authority to regulate private conduct"
legistlative record and economic consequences of behavior
Lorilland Tobacco v. Reilly
Gonzales vs. Raich
struck down Massachussets State Anti-smoking law, saying that it couldn't be tougher than U.S. law
Seminole Tribe of Florida v. Florida
had to do with an indian tribe in Florida and whether or not they could have the power to set up casinos
Kimel vs. Florida Board of Regents
A state employee felt discrimanted against because of his age
Americans with Diabilities Act and the States
Chicago Police Department vs. Mosley
not content neutral (labor exemption) and was struck down
Grayned vs. Rockford
neutral (noise ordinacne) and upheld
Dennis vs. US
balancing the right to free speech against teh government's interest in protecting itself
the plurality opinion said that the gravity of the action had to be "discounted by its probability"
Yates vs. US
if you just believe in something, even if you do not act upon it
belief vs. action
Brandenberg vs. Ohio
"Direct Incitement Test"
US vs. O'Brien
Draft Card Burning
Two competing constitutional interests at stake
Tinker vs. Des Moines School District
Student wore a black armband to protest the Vietnam war
Student took case to Supreme Court and Won
Texas vs. Johnson and US vs. Eichman
burnt a tiny flag of a party favor
Landmark decision that Invalidated prohibitions of burning the American Flag
St Paul vs. RAV
Law struck down
Wisconsin vs. Mitchell
law was upheld
hate precipitated conduct
Attached additional penalties to the hate crime
Buckley vs. Valeo, McConnel vs. FEC, Citizens United vs. FEC
spending money in campaigns
Limitations were upheld as well as the uploading the money spent 6 days before an election or primary
Skokie, III case
Lower court decided that the Nazis did have the right to march in 1978
Upheld by the Supreme Court
Near vs. Minnesota
bigoted publication was allowed to be published under the 1st amendment
NY times vs. US
Journalist got access to the Pentagon Papers which revealed that the government had been lying to the public.
Goverment tried to stop the times saying it was a threat against national security and it would help our enemies
Miller vs. California
Pornography had to have certain characteristics to be called pornography and the Supreme court struck down the Communication Decency Act that restricted pornography on the internet
Flynt v. Falwell
Hustler Magazine Parody of Jerry Falwell
Court sided with Huslter magazine saying it wasnt libel but clearly a parody
Mapp v. Ohio
Police have to legally come across evidence
The Patriot Act
Internet surveillance, wiretapes, searches of homes, libary and health records
Rasul v. Bush
even the foreign national has the right to due process
Hamdi vs. Rumsfeld
US citizen as "enemy combatant" threatening to the US... limited rights?
Brewer vs. Nix
someone had been suspected of murdering a child
he wasn't supposed to speak but the police made him confess where the body was while on the way to the station
Furman v. Georgia
ruled the death penalty was unconstituional
Gregg v. Georgia
reversed the decision, death penalty was now constitutional
2 track analysis
first track: is it content neutral?
As long as they have some reasonable standard of public safety, they can regulate the time, manner and place
(example: banning picketing outside of schools to protect those being educated)
Second: content based restrictions
the point was that we've had real changes in our nation's history - from Alien and Sedition Acts to Direct Incitement
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