GOVT 2306 Exam 1 Study Guide PDF

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Government 2306.001 Fall 2019 Exam #1 – Study Guide Exam Date: Monday, September 23 rd  Dr. Travis Hadley

The following is a list of key terms from the textbook and lectures. This list is intended only as a guide. The exam will consist of 50 multiple-choice questions (50 points). Weeks 1 & 2 – American Democracy & Political Culture Liberalism- purpose of govt is to protect  individual liberty; means limited gov’t; individual elevated above collective - determine political, economic, and religious choices for themselves - Politics is contract of individuals to live together – both citizens and leaders are subject to it Hobbes vs. Locke State of nature Hobbes: ● Human beings’ greatest fear therefore is fear of violent death, all equally susceptible to death. ● “Solitary, poor, nasty, brutish, and short.” ● “A perpetual and restless desire for power after power that ceases only in death.” Locke: ● Agrees with Hobbes, but argues humans are more peaceful ● Free and equal - free because nobody has authority and therefore everyone is equal ● Everyone has rights with using reasoning Social contract Hobbes: ● gov’t must be concerned with safety and self-preservation - but also maintain natural rights consent of the people is the only legitimate basis for government

● - We cannot question the gov’t – must be able to do whatever is necessary to preserve life and liberty. - Hobbes therefore argues for absolute government ***any government is better than no government at all Locke: - Two additions to Hobbes: ○ 1) Separation of powers: each power (e.g. legislative, executive, etc.) has a check on it limits on gov’t power ○ 2) Right of revolution : if rights violated, the people have the right to rebel. - limited purpose of gov’t is standard for judgment ● life, liberty, and property (government must protect these)

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Mayflower Compact- (1 620) started idea of equal laws, sought religious freedom Types of democracies ● Direct: everyone vote on everything ● Indirect: elect representatives that share our views History of Gov’ts ● Monarchy: monarchs claim divine right ● Tyranny: tyrants come into power through various ways, rule by force (or change laws, e.g. Hitler) ● Aristocracy: govt is ruled by an elite class of people like a royal family, e.g. Roman Republic – wealthy individuals from noble families ruled but dedicated themselves to public service ● Oligarchy: Nation ruled by a group of people, military power, or wealth/property qualifications ● Democracy: rule of the people, still restrictions on "the people" (e.g. men, property, citizenship) James Madison - (1751-1836): “If men were angels, no government would be necessary . ” - Madison’s Republic: Madison on republican government (from Federalist #39): First: “a government which derives all its powers directly or indirectly from the great body of the people.” Second: “…is administered by persons holding offices…for a limited period or during good behavior.” *Ultimately, national government would decide controversies between levels of government Political culture - collection of beliefs and values justifying a particular gov’t - multi-culturalism - groups allowed to maintain identity within society without discrimination - history of immigration - originally, debates over language and customs (what we call “culture”)

-Democrats (Catholic) in immigrant communities - fear of loss of American jobs due to extremely cheap, immigrant labor - new cultures arrive and compete with those established - literacy test (Immigration Act of 1917; another in 1924) - quota laws of the 1920s – both total numbers and based on country - current immigration- Immigration act of 1965 (abandoned national quotas) -Legal vs. illegal (most Americans object to illegal immigration) -issue of social services for people that didn’t pay into them - Traditionalistic pre industrial values, social hierarchy, and traditional culture Government aims at supporting the status quo Politics is run by an established elite. - Individualistic Promote commerce, opportunity, and self-reliance. Gov’t is limited. Midwest and Western USA Politics is for professionals - Moralistic Rooted in New England and puritan roots Promotes public good and advancing social welfare Active involvement by all citizens Separation of Powers U.S. Constitution - Congress - President

- Supreme Court Federalists vs. Anti-Federalists- Federalists supported ratification of the Constitution and a stronger national govt, anti-federalists opposed the Constitution and advocated more state power Federalist Papers (incl. 1, 10, 39, 51) 1. Paper 1: a. convince people to ratify a new constitution b. He knows people will oppose it, especially if they currently benefit from Articles c. People worried bc such a large scale republic had never been done before d. Presents inadequacy of current gov’t e. Shows why we need a strong central gov’t f. Authored by Alexander Hamilton 2. Paper 10: a. Addresses political instability associated with factions (special interest groups) b. These often work against public interest and infringe rights c. Can’t control causes, but only control the effects d. A representative republic gives less power to factions e. Objective is to unite 13 states for protection (strong nat’l gov’t) f. Authored by James Madison 3. Paper 39: a. Determine whether the framers established a republican form of gov’t b. Republics defined in the past, the power wasn’t derived from the people, usually by a king or a small group c. Constitution calls for federalism: a division of power b/w national and local d. Authored by James Madison 4. Paper 51: a. Shows how the new proposed gov’t won’t be overbearing b. Branches are separate c. Judges aren’t elected to eliminate political pressure d. Checks and balances determined in constitution e. Authored by James Madison Liberty- the  state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. Equality- the state of being equal, especially in status, rights, and opportunities. Individualism- the habit or principle of being independent and self-reliant. Popular Sovereignty- follows the will of the people

Provincialism- concern for one's own area or region at the expense of national or supranational unity. Business - capitalism very influential in politics -

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Distinct periods of growth - Cotton farming and Cattle ranching - Oil and Gas; boom and bust economy - High tech industry spurred by 80s-90s recession bc low oil prices Economy diversified Great Recession (2007+): faced budget trouble but texas not affected as much bc no housing bubble

Urbanization - Rapid urbanization since 1900, switch from primarily rural state to primarily urban state Population trends - Decrease in white population, increase in Latino population, steady African American population, recent increase in Asian American population Low tax, low service - closely associated under Provincialism, part of the Political Culture of Texas Week 3 – Constitutionalism Texas independence & statehood The 7 Constitutions -

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Constitution of 1827 - Texas part of Mexico - Issue over education - Texas wanted local control - Led to revolution in 1836 Constitution of the Republic of Texas of 1836 - Immigration into texas cause more tension - Mexican laws conflict with texan culture - Politics in Mexico change: 1835 federalism undermined in favor of unitary gov - Written super quickly while Mexico advance their forces - Modeled on US Constitution of 1845 - Texas wanted to be part of US - Immigration continued - US expanding Civil War Constitution of 1861 - Results from ceding union - Similar to US const. But allowed slavery - Sets off civil war - Southern states were confed., nat. Gov derived power from states

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- We the States vs We the People Constitution of 1866 - Reconstruction - 1845 Const. But no slavery Constitution of 1869 (Considered to be imposed on Texas) - African Americans get the right to vote - Centralized power (schools, infrastructure, etc.) - Governor given 4 year term - Led to Edmund J Davis Constitution of 1876 - Reconstruction led to restricted gov view - Grangers led to restriction on gov’t

Popular Sovereignty - Rule by the people Mexico vs. Texas - MX was centralizing power, Tx didn’t like that, also problem over education Confederate Constitution- Viewed national government as a confederate state, derived its power from the states States’ rights- big issue constantly throughout US history Reconstruction - Acts - abolition of slavery - Constitution - Radical Republicans Edmunds J. Davis - Radical Republican elected right after reconstruction laws passed -

Won by a slim margin (39901:39092), fraud suspected Passed a bunch of unconstitutional laws (according to TX const.) - Martial law - State police suspending constitution if they want - Governor being able to appoint a bunch of new positions - Newspaper under state control

General Principles - character of each branch

- separation of powers - interest groups - voting Criticisms of Structure -

Fragmented executive; inefficient policy making and lack of voter participation Legislature tried making citizen-lawmakers; resulted in slow lawmaking which did not respond to needs Elected judiciary; became concerned with constituency bc they answer to voters= less objective

Texas government Amendment process- 491 Amendments so far -

Proposed by legislature----> approval by ⅔ to place it on the ballot----> majority vote by citizens Lacks initiative or referendum for citizens to place issues on ballot

Amendment(s), importance of Executive power Centralization Decentralization The Grange - organization of (militant) farmers seeking changes to gov’t - led to restrictions on taxes, gov’t limits, educational reforms -

Led to restrictions on taxes, gov’t limits and edu reforms

Week 4 – Federalism Federalism- Sovereignty shared in federal system - federal and state governments each have: - elected officials, means of taxation, and independent authority to pass laws - local governments generally have less authority; depends on state constitution - e.g. traffic laws, public transportation, smoking bans, etc.

Unitary governments- Federal gov’t is the ultimate decision-making (no Constitution) -retains power to amend or repeal any law, rather than judicial system - eg. UK Confederation- Limited Central gov’t power -

States hold most of the power in regulating laws and amendments Allocates some duties to the central gov’t still

Judicial review - Reviews the constitutionality of the acts passed. Dual sovereignty - state and federal governments possess sovereignty McCulloch v. Maryland In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank. Questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? ConIn a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers.

Pursuant to the Necessary and Proper Clause (Art. I, Section 8), Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined “necessary” to mean “appropriate and legitimate,” covering all methods for furthering objectives covered by the enumerated powers. Marshall also held that while the states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.clusion: Barron v. Baltimore Baltimore wharf owner John Barron alleged that construction by the city had diverted water flow in the harbor area. He argued that sand accumulations in the harbor deprived Barron of deep waters, which

reduced his profits. He sued the city to recover a portion of his financial losses. The trial court awarded him $4,500 in damages, which the state appellate court struck down. Question: Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner? Conclusion: Writing for the unanimous Court, Chief Justice Marshall found that the limitations on government articulated in the Fifth Amendment was specifically intended to limit the powers of the national government. Citing the intent of the framers and the development of the Bill of Rights (the first 10 amendments) as an exclusive check on the federal government, Marshall reasoned that the Supreme Court had no jurisdiction in this case since the Fifth Amendment was not applicable to the states. This meant that Barron was not entitled to damages for his property loss from the city under the Fifth Amendment provision on just compensation for a government taking. Commerce Clause - United States v. Lopez Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. Question: Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? Conclusion: Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. - New Deal (Roosevelt) Beginning of much more involvement of government in state affairs; expansion of gov powers.

Necessary and Proper Clause Section 8  – “To make all Laws which shall be necessary and proper f or carrying into Execution the foregoing Powers” Cooperative Federalism Grants ● Block Grants: Money given for various reasons with barely any restrictions ● Categorical grants: Money given for a specific purpose with many restrictions - unfunded mandates - No money is given, even if certain conditions are followed. - pork barrel projects  - Government spending appropriately used for projects for a representative’s district. - revenue sharing - The federal government allocates tax revenues to state and local governments Concurrent powers- powers shared by state and federal gov’t Enumerated & Implied powers- granted to congress, enumerated= stated in constitution, implied= not stated in constitution but assumed by the enumerated powers Commerce Clause (article 1 section 8)- gives congress power to regulate commerce between foreign countries, between states, and indians Supremacy Clause (article 6 clause 2)- the constitution (federal law and treaties made under it) constitute the “supreme Law of the Land” and take priority over state law Gibbons v. Ogden (1824) A New York state law gave Robert R. Livingston and Robert Fulton a 20-year monopoly over navigation on waters within state jurisdiction. Aaron Ogden and other competitors tried to forestall the monopoly, but Livingston and Fulton largely succeeded in selling franchise or buying competitors’ boats. Thomas Gibbons -- a steamboat owner who did business between New York and New Jersey under a federal coastal license – formed a partnership with Ogden, which fell apart after three years when Gibbons operated another steamboat on a New York route belonging to Ogden. Ogden filed suit against Gibbons in New York state court, and received a permanent injunction The New York state court rejected Gibbons’ argument asserting that U.S. Congress controlled interstate commerce. Question: Does the Commerce Clause give Congress authority over interstate navigation?

Conclusion: Justice Marshall concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress under the Commerce Clause. As interstate navigation fell under interstate commerce, New York could not interfere with it, and the law was therefore invalid. In a concurring opinion, Justice William Johnson argued that the national government had exclusive power over interstate commerce, negating state laws interfering with the exercise of that power. Justice Thompson did not participate in the discussion or decision of the case. U.S. v. Lopez (1995) See Week 4 list Dual Federalism- also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms New Deal- FDR, financial reforms and regulations for relief, reform, & recovery after the great depression Full Faith and Credit- each state must recognize official documents and judgements of all other state Tenth Amendment - Amendment 10 - Undelegated Powers Kept by the States and the People The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Cooperative Federalism (marble cake federalism)- federal, state and local gov’t work together to solve common problems Fiscal Federalism- state and local gov’t must be financially responsible. Defines the division of gov’t functions and financial relationship between different levels of gov’t New Federalism- the transfer of certain powers from the United States federal government back to the states. Taxation- mainly states control taxes Nullification- state has the right to nullify federal law that goes against the states constitution 5th Amendment - Amendment 5` - Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation. 10th Amendment - Amendment 10 - Undelegated Powers Kept by the States and the People The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. 14th Amendment Amendment 14 - Rights of Citizenship (Ratified July 9, 1868) 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons i...