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POS 2041 – Fall 2019 – Prof. Shields Exam 1 – Friday, Sept. 27th, 2019

the Constitution: Identify and understand each Article of the Constitution (e.g., Article II describes the organization and powers of the presidency; Article I, Section 3 describes the Senate); the Bill of Rights; and amendments which changed provisions of original articles (e.g., the Twelfth Amendment changed the procedure for electing the president and vice president, voiding Article II, Section 1, ¶3).

Know: Which governing powers does the Constitution grant to the House of Representatives, and which does it grant to the Senate? What are the constitutional qualifications for the various office-holders in the federal government? Which civil liberties are explicitly protected in the original text of the Constitution (before the Bill of Rights?)

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Civil liberties protected in the Bill of Rights may be divided into two broad areas: freedoms and rights guaranteed in the First Amendment (religion, speech, press, assembly, and petition). Civil rights are also protected by the Fourteenth Amendment, which protects violation of rights and liberties by the state governments.

Chapter Questions: BTP, Chapter 1: Which ideas were foundational to American political culture? What are the main components of American political culture? 7 ideas: 1) Freedom means that the government will protect your life, liberty, and property from the coercion of others (including government) so that you can pursue the goals you define for yourself. In one view, freedom requires positive government action to make sure that everyone has the basics to permit them to pursue their goals. In another view, the government guarantees only negative freedom—the freedom to

pursue your goals. You are free to succeed or to fail on your own, but there are no guarantees about food, or homes, or healthcare. 2) Self-rule means that people govern themselves through clearly defined procedures such as elections. In a democracy, citizens participate directly in making government decisions. In a republic, the people rule indirectly through their elected representatives. The American system is a combination of the two, a democratic republic. 3) Americans value limited government: They distrust government and place limits on the authority it can exercise. 4) Individualism means that individuals—not society or the government—are responsible for their own well-being. For those who favor community or social democracy, the public interest is best served when members of a society use government to take care of one another. Americans take both an individual and a communal view, but in contrast to many other nations, the individualistic view is more powerful. 5) The American dream holds that if you are talented and work hard, you will succeed and grow wealthy. Critics argue that the system is rigged or that the dream promotes the wrong values. However, the dream remains a powerful force in American politics. 6) Equality allows each citizen to enjoy the same privileges, status, and rights before the law. Some define equality as a matter of opportunity—the idea that every American has an equal chance. Others promote equal outcome—a guarantee of results. There are three types of equality to consider: Social equality means that all individuals enjoy the same status in society. Political equality guarantees every citizen the same rights and opportunities to participate in politics. Economic equality minimizes the gap between citizens’ wealth and earnings. 7) Religion plays an enduring role in American politics and society. The great question is how we limit government interference without limiting religion itself. - Culture and institutions together play a role in American politics. They reinforce each other. They can shape politics through national culture, through political institutions, and through their own influence on Americans. BTP, Chapter 2: Why did the framers decide to replace the Articles of Confederation? What were the major points of contention that emerged at the Constitutional Convention? Who were the Federalists and Antifederalists, and which factions in society were aligned with each? Why was the Bill of Rights passed, and why did Madison initially oppose a Bill of Rights? 1) The Framers decided to replace the Articles of Confederation because it created a weak central government (gave too much power to the people). Congress had no money from debt owed from the Revolution. The constitutional framers balanced two dangers: government that was too strong (the king of England) versus government that was too weak (the Articles of Confederation). 2) Five central issues at the Constitutional Convention: 1) Should the people be directly involved in government? o Public involvement in government has grown dramatically over the centuries, but Madison’s principle of filtration or indirect elections still keeps the people at arm’s length from their government in many areas. 2) National versus state power Large states Small states

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The

(Virginia Plan)

(New Jersey Plan)

Virginia, Pennsylvania

New Jersey, Delaware

Two house legislature (bicameral)

One house legislature (unicameral)

Representation in Congress based on population

Equal representation in Congress

Connecticut Compromise Two house legislature (bicameral) The Senate would have two representatives for each state The House would be based on population

3) Nature of presidency  The delegates even hesitated about whether executive authority should be placed in one individual or a committee. o Committee or Individual?  The president should be one individual, independent of Congress, who could represent the public. They settled on a four-year term and permitted re-elections. o Electoral College  Each state has a group of electors (equal in size to that of its congressional delegation in the House and the Senate); the public in each state votes for electors who then vote for the president.  Today, all the electors in a state generally cast their votes for the candidate who won the state (although only twenty-six states legally require them to do) 4) Separation of powers

5) Slavery - How to count slaves when allocating seats in the House of Reps? o The Three-Fifths Compromise- the total number of slaves count as threefifths of the free people of a state. o Fugitive slave clause- requiring the rest of the nation to assist in returning runaway slaves. 3)

(big government)  Federalists Favored Constitution

(small government)  Antifederalists Opposed Constitution

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Madison, Hamilton, Jay

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Henry, George Mason, Adams, Hancock, Henry Lee

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Believed Constitution didn’t need a BOR

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Wanted a Bill of Rights to protect citizens against government

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Proposed single person to lead executive branch

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Strong executive might become tyrant

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Stressed weakness of Articles, strong government needed to protect nation

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Wanted strong state governments, feared a strong national government

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Protection of property rights

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Fewer limits on popular participation

constitutions

constitutions

4) Why was the Bill of Rights passed, and why did Madison initially oppose a Bill of Rights?

Chapter 3 (and lectures on federalism): What tools does the federal (i.e., national) government possess to enforce its political will upon subnational units (i.e., states)? What is meant by the concept of states as "laboratories of democracy"? o The Constitutional Convention created a new hybrid form of government: a federal system of shared and overlapping powers. Power is divided and shared between national and state governments.  State-level policy has at least four advantages: It responds to local needs, enables innovations in the laboratories of democracy, protects individual rights, and enhances choice.  National-level policy also has four main advantages: It enhances fairness (avoiding a race to the bottom), equalizes resources, promotes national standards and best practices, and facilitates coordination. o Laboratories of democracy allow states to test different policy options. Bubbles up from states before going national. (Ex. Environmental protection, marijuana legalization, nutrition programs) Chapter 4 (and lectures on civil liberties): How has our understanding – and the Supreme Court’s interpretation – of the First Amendment changed over time? What are the rights of the accused guaranteed by the Bill of Rights?  The Bill of Rights did not apply to the states until the Fourteenth Amendment required that no state could deprive any citizen of life, liberty, or property. The First Amendment has two religious clauses: The government may not establish a religion and it may not interfere with the free exercise of religions.

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The Bill of Rights places special emphasis on the rights of those accused of crimes. Amendments (4, 5, 6 and 8). The Constitution aimed to protect citizens from torture and forced confessions. The police may not search or seize without a warrant, they must inform suspects of their right to remain silent, and the accused have a right to legal counsel. Under current interpretation, capital punishment is not considered “cruel and unusual punishment—but public opinion appears to be slowly changing.”

Other Questions: What is political science, and what are the characteristics of the discipline?  Political science: academic discipline that applies the scientific method to social (human) phenomena  Characteristics: Theoretical, Empirical, Systematic, Rigorous o Socially constrained o Temporally bound How is government defined, and what are its characteristics?  Government where legitimate political authority derives from the people  Characteristics: o AUTHORITY - respect for those empowered to make laws o POWER - ability to get people to obey including by force o LEGITIMACY - degree to which people believe the govt has right to exercise power o POLITICS - “Who gets what, when, and how”  “Right to complain”  “Losing side” still has rights  Manages conflicts through bargain and compromise How did the framers’ prior experiences with both the British government on the one hand, and the thirteen separate colonial legislatures on the other, affect the decisions they made in constructing a new government under the Constitution of 1787? Who were the winners and losers at the Constitutional Convention? What compromises did the “winners” make to be able to move forward with the adoption of a new system of government?  Both were winners. The compromise provided a dual system of representation. In the House of Representatives each state’s number of seats would be in proportion to population. In the Senate, all states would have the same number of seats. Key Terms: Balancing of estates – Bicameral legislature – having two legislative houses or chambers, House + Senate Bill of Rights – first 10 Amendments in Constitution, rights of every citizen Civil War Amendments – Reconstruction Amendments (13, 14 & 15) Commerce clause – congress regulates commerce with foreign nations, between states, and tribes Connecticut (Great) Compromise – House members elected on basis of population, but every state has two Senate seats Dillon’s Rule – Dual federalism (dual sovereignty) – clear division of governing authority between national and state governments

Enumerated powers – national govt powers listed explicitly in the Constitution Establishment clause – 1st Amendment, principle that govt may not establish an official religion Faction – groups that pursue their self-interest at the expense of others Federal veto – Federalism – power divided between national and state govt. Each has its own sovereignty (independent authority) Free exercise clause – 1st Amendment, principle that govt may not interfere in religious practice Full faith and credit clause – constitutional requirement (Article 4, Section 1) that each state recognize and uphold laws passed by any other states Implied powers – national govt powers implied by, but not written in Constitution Incorporation – process by which the Supreme Court declares that a right in the BOR also applies to state govts. Institutions – organizations, norms, and rules that structure government and public Layer cake vs. marble cake federalism:  Layer cake federalism – has a clear division of governing authority between national and state governments.  Marble cake federalism – mingles governing authority with functions overlapping across national and state governments.

Lemon test – law must have secular purpose, principal effect must neither advance nor inhibit religion, excessively entangle government (paying teachers in religious schools). Strict separation still tries to separate church and state using the Lemon test. An alternative view is known as accommodation, which does not violate the establishment clause so long as it does not confer an advantage on some religions. Libel and slander:  Libel – written falsehoods  Slander – spoken falsehoods Linkage institutions – elections, political parties, interest groups, and the mass media Necessary and proper clause – (Article 1, Section 8) Constitutional declaration that defines Congress authority to exercise these powers to carry out its designated functions Penumbra – literally, the shadows, “zones of privacy” Policymaking institutions – The U.S. Constitution established three policymaking institutions—the Congress, the presidency, and the courts. Political culture – the orientation of citizens of a state toward politics Prior restraint – legal effort to stop speech before it occurs - censorship

Representative democracy - indirect democracy, a type of democracy founded on the principle of elected officials representing a group of people Reserve clause Sovereignty – supreme power or authority Supremacy clause – (Article 6, Section 2) national govt’s authority prevails over any conflicting state or local govt’s claims, provided the power is granted to the federal government Unitary government – a national polity governed as a single unit, with the central government exercising all or most political authority Virginia Plan – Madison’s plan, embraced by Constitutional Convention delegates from the larger states, strengthened the national govt relative to state govts Case law: Bowers v. Hardwick (1986) Brandenburg v. Ohio (1969)

law banning homosexual intercourse – sodomy – overturned in 2003 “puny” threats were being declared a clear and present danger. The state may not interfere with speech unless the speech “incites imminent lawless action” doing so is likely to incite or produce such an action.

Brown v. Board of Education (1954) segregated education facilities are inherently unequal, equal protection for all D.C. v. Heller (2008) Second Amendment protects an individual’s right to bear arms and that the district’s handgun ban and trigger lock requirement violated the Second Amendment. Employment Division v. Smith (1990) Engel v. Vitale (1962)

free exercise of religion ruled that it is unconstitutional for state officials to favor a religion over nonreligion

Gitlow v. New York (1925) Griswold v. Connecticut (1965) Lawrence v. Texas (2003) Marbury v. Madison (1803)

free speech the right to privacy extended privacy rights to same-sex couples ruled that the Court could strike down an act of Congress that violates the Constitution constitutional right to bear arms applied to state and local governments

McDonald v. Chicago (2010)

New York Times v. Sullivan (1964) Schenk v. United States (1919)

press reports needed to meet an "actual malice standard" before they could be considered libel. doctrine that permits restrictions of free speech if officials believe that the speech will lead to violence or terrorism.

Texas v. Johnson (1989) Roe v. Wade (1973)

it cannot discriminate when it is appropriate to burn a flag purely based on viewpoint. struck down a Texas law banning abortion

Planned Parenthood v. Casey (1992) the Court took up a Pennsylvania law that seemed to directly challenge Roe by imposing regulations on women seeking abortions...