Transcript Finalgovreview

Privileges and Immunities Clause
The Privileges and Immunities Clause of
Article IV ensures that an out-of-state
citizen enjoys the same privileges as a
citizen of the state in which he happens to
find himself.
Jim Crow Laws
Anti-African American Legislation known as Jim Crow Laws
Laws to enforce segregation
Affected public facilities…separated blacks from whites (schools, restaurants,
etc.)
Plessey vs. Ferguson
Separate-but-equal Doctrine, is okay
Iron Triangles
Describes the policy making relationship between congressional committees,
the bureaucracy and interest groups
Due Process
• A constitutional guarantee explained in the Fifth and
Fourteenth Amendments that the government will not
illegally or randomly deny a person of life, liberty, or property.
• (Also called the due process of law)
Plessy vs. Ferguson
• Plessy v. Ferguson was a Supreme Court case that
made separate but equal accommodations for blacks
and whites constitutional.
House Vs Senate
Senate
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Requirements: 30 years old, US citizen
for 9 years, legal resident of respective
state.
Six year terms.
Seats capped at 100 (2 per state).
‘Upper chamber of Congress
Leadership: Vice President (Leader of
the Senate), President Pro Tem
House of Representatives
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Requirements: 25 years old, US Citizen
for 7 years, legal state resident.
Two year terms.
Seats capped at 435, distributed by
state population.
‘Lower’ chamber of congress.
Money-related bills always start here.
Leadership: Speaker of the House,
Majority Leader, Minority Leader,
Whips.
Election Process
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Self-nomination was the most common way of turning into a candidate until the early
1800s. They had to get enough signatures on a petition for their name to appear on
a ballot.
Other methods such as party caucus and nominating conventions were used but
were eventually beaten out by the Direct Primary method.
The Direct Primary method is an election held within a party to choose a nominee.
There are many different kinds of primaries such as closed and open that are similar
methods of election.
Once past nomination the campaigns begin in which the nominees work to gain the
peoples’ votes.
Election Process
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The best known kind of election is a general election. These are elections to decide
on national offices such as a Presidential election, or a Senate or House election.
Voters use ballots to decide on who will be apart of the office listed on them.
The Electoral College is a large part of a Presidential Election.
How the Electoral College works is that after a General election, the votes are
counted up. Whichever candidate received the majority of votes from that state
receives ALL of the electoral college votes of that state.
So technically, one could win the majority of the country’s votes yet not take office
because they did not win the Electoral College votes.
Executive Branch
~ Executive office of the President and Vice President
~ Checks the Legislative branch by vetoing bills and
approving of passing bills
Legislative Branch
~ Checks the Judicial branch by appointment of
~Placement of Congress
Judicial supreme justices
~ Holds both Senate and house
of representatives
Judicial Branch
~ Judicial Review- Power of
the courts to make sure the
actions of government actions
are constitutional.
~ Interprets laws
Supreme Courts and Federal
Courts.
~ Checks the Executive branch
by 2/3 vote to pass a veto by the
president.
~ Checks the Judicial branch by
approving the appointment of
supreme court justices
~ Power to pass Legislation; bills
-Japan is an example of a
Unitary government.
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All authority is vested in one central
government, the opposite of the federal
which have the powers separated.
The United States is a
Federal system of
government where the
powers ore divided and
authority between
national and state
governments.
AFFIRMATIVE ACTION
• Affirmative action is the process of taking historically disadvantaged
minorities, and enacting policies that help to make that minority
“equal” to the majority.
These policies can include quotas on
schools and corporations, meaning
they have to admit or hire a certain
number of people based on their race,
gender, or national origin.
FACTIONS
• A political faction is a group of people that
form an organization, such as a political
party, interest group ect., based on their
shared political beliefs.
Disenfranchisement
• Disenfranchisement is when a citizen is revoked of
his/her right to vote. It can be directed at a certain group
of people, as it was in the 60’s towards African
Americans, or one can be disenfranchised because they
have not met the legal requirement of retaining their right
of suffrage.
• Disenfranchisement can mean either the rendering of a
vote useless, or just less effective. The voters that are
revoked usually want to vote, they are just not allowed.
Disenfranchisement (cont.)
• Direct disenfranchisement: a more direct means
of rendering votes ineffective. i.e. violence, poll
taxes, literacy tests, and other forms of keeping
certain groups of citizens from voting.
• Indirect disenfranchisement: a more clever way
of keeping usually minority groups from voting.
i.e. less number of voting booths in a certain
area, and tampering with voting machines to
make vote results lean a certain way.
Effects of Media on Elections
• Higher authorities and people in control usually use the
media to their advantage to lean the general population
towards a particular side, or a particular party.
• Television, Internet, and Radio are the most popular
sources of media currently, and are used the most to
sway popular opinion, whether it be by criticism of
opposing candidates, or praise of the candidate
campaigning.
Top Dog
Bureaucracy
An organization that is structured in a
pyramid like fashion (hierarchically) to
carry out specific functions by reporting
to the person above you.
U.S President
for us
The 3
Branches
Executive
Branch
Departments
Independent Establishments & Government Corporations
This organization method
allows each person to
concentrate on their area of
knowledge and expertise.
Bureaucracy has significantly
grown in size. Today has
roughly 2.7 million employees
in the U.S. Government.
In Bureaucracy the power to
act resides in the position rather
than in the person.
Political Socialization
• Political Socialization is
the informal and formal
methods by which your
political views are
shaped.
• Informal Methods:
Parents, Friends, Mass
Media.
• Formal Methods:
Government Class,
Political Rallies.
• Other Influences: Peer
Groups, Age, Economic
Status and Occupation.
Presidential Powers
Inherent Powers
Command over the Armed Forces, Appoint
Supreme Court Justices,
Clemency (Pardons)
Implied Powers
the president holds the responsibility
to protect the nation from sudden attack
and has the ability to initiate military activities
overseas without a formal declaration of war.
Through the War Powers Resolution of 1973,
Congress sought to define more clearly the
conditions under which presidents unilaterally
can authorize military action abroad
Reverse Discrimination
Discrimination against members
of a dominant or majority
group, especially when
resulting from policies
established to correct
discrimination against members
of a minority or disadvantaged
group.
Bill of Rights
Freedom of speech,
press, and right to
assembly.
Not being forced to
quarter troops.
Prohibition of
Confederal System
A league of independent states.
The central government only
addresses matters of common
concern delegated to them by the
member states.
American Disability Act
ADA requires all public
buildings and public services
be accessible to persons with
disabilities and have
“reasonable accommodations
Disability: a physical or mental
impairment that “substantially
limits” a person’s everyday
activities.
Blindness, alcoholism, heart disease,
cancer, muscular dystrophy, cerebral
palsy, paraplegia, diabetes, AIDS.
Enumerated Powers
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Enumerated Powers are powers
explicitly granted to the Federal
Government by the Constitution.
Article I, Section 8 of the
Constitution states the enumerated
powers to the federal government.
Taxation is one example of an
enumerated power.
Lobbying
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Lobbying is a form
of advocacy to
influence the
decisions that
politicians make
towards
legislation.
In the past most
lobbying consisted
of large gifts or
perk packages and
bribes for the
There are 10,578 registered lobbyists this year.
politicians.
Voting Rights Act of 1965
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Signed by President Lyndon Johnson
on August 6th, 1965.
It outlawed any sort of discriminatory
voting restrictions that were being
used by the Southern States.
Literacy Tests and Poll Taxes were
the two main practices that were
outlawed.
Constitution gives the
national government
supremacy over all
state and local
governments.
The Clause..
says that states cant
use their reserved or
concurrent powers to
counter national
policies.
“This Constitution, and the
Laws of the United States
which shall be made in
Pursuance thereof; and all
Treaties made, or which shall
be made, under the Authority
of the United States, shall be
the supreme Law of the Land;
and the Judges in every State
shall be bound thereby, any
Thing in the Constitution or
Laws of any state to the
Contrary notwithstanding.”
• This court case
made sure African
American students
be admitted to
schools on a
nondiscriminatory
basis.
Privileges and Immunities Clause
Article IV and
The 14th Amendment
"The Citizens of each State shall be entitled to all Privileges and Immunities
in the several states.“
Prevents states from discriminating against citizens of other states…cannot be
treated as an alien.
Jim Crow Laws
Anti-African American Legislation known as Jim Crow Laws
Laws to enforce segregation
Affected public facilities…separated blacks from whites (schools, restaurants,
etc.)
Plessey vs. Ferguson
Separate-but-equal Doctrine, is okay
Iron Triangles
A policy community
Presumes that laws are passed to benefit all three sides
Interest Groups
3 way alliance of:
Legislators
Bureaucrats
Expressed Powers
The expressed
powers are the
powers of the federal
government directly
written in the
Constitution.
They include the
power to coin money,
declare war, and
collect taxes.
Implied Powers
Implied powers are the
powers given to Congress
that are not directly written in
the Constitution.
These powers are given by
Article I, Section 8, Clause
18, or the necessary and
proper clause.
The implied powers have
allowed actions such as the
Louisiana Purchase and the
Public Healthcare Bill.
SYMBOLIC SPEECH
• Symbolic Speech
deals with nonverbal
expressions using
symbols.
• Examples include
picketing in a labor
dispute, and wearing
a black armband in
protest of government
policies.
SYMBOLIC SPEECH
• There have been
numerous Supreme
Court cases and most
of the decisions refer
back to first
amendment rights.
Freedom of speech
has been the biggest
deciding factor in
these cases.
PREFFERED POSITION
DOCTRINE
• This doctrine deals with
freedom of speech.
• It states that freedom of
speech is so vital to the
Democracy, that any
law that inhibits this
freedom shall be
declared
unconstitutional. (Unless
it can be proven to be
absolutely necessary.)
Created by Steven Tristani
Equal Protection Clause
Portion of the Fourteenth Amendment to the U.S.
Constitution that prohibits discrimination by state
government institutions. The clause grants all people
"equal protection of the laws," which means that the
states must apply the law equally and cannot give
preference to one person or class of persons over
another.
http://www.lectlaw.com/def/e027.htm
Created by Steven Tristani
Federalist Papers
• In total, the Federalist Papers consist of 85 essays outlining how this
new government would operate and why this type of government
was the best choice for the United States of America. All of the
essays were signed "PUBLIUS" and the actual authors of some are
under dispute, but the general consensus is that Alexander
Hamilton, James Madison, and John Jay contributed the papers.
• FEDERALIST PAPER No. 10
Factions are a threat to the republic and must
Be controlled.
Created by Steven Tristani
McCulloch v. Maryland
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Facts: The state of Maryland passed a law that imposed taxes on all
the banks located in its territory that are not chartered by its
legislature. The branch of Bank of the United States fell under this
law. The cashier of this Bank, McCulloch, refused the pay the taxes
and claimed that the state cannot tax the national bank.
Procedure: The state court ruled against McCulloch and the Maryland
Court of Appeals affirmed. The case was taken by writ of error to the
Supreme Court.
Issue: 1. Does the Congress have the power to incorporate a bank? 2.
Can the state of Maryland tax the branch of the Bank of United States
without violating the Constitution?
Holding: 1. Yes, 2. No
The case became the legal cornerstone of succeeding expansions
of federal power.
SEPARATION OF POWERS
The separation
of powers is a model of
government in which
the powers and
responsibilities of the
government is divided
into three branches.
Executive, Legislature,
and Judiciary.
Marbury vs. Madison
• The court case
Marbury vs. Madison
established the power
of judicial review.
• Judicial review is the
power of the supreme
court’s to nullify
decisions made by
other branches of
government by
declaring it
unconstitutional.
Powers of the Supreme Court
• The Supreme Court of the
United States is the highest
judicial body in the United
States, and leads the federal
judiciary. It consists of the
Chief Justice of the United
States and eight Associate
Justices, who are nominated
by the President and confirmed
by the Senate. Once
appointed, Justices effectively
have life tenure, serving during
good behavior which
terminates only upon death,
resignation, retirement, or
conviction on impeachment.
Article 4, Section 1 of US
constitution
Primarily to
enforce
judgments
States must respect other state’s
judicial decisions, public records
and legislative acts
Ensures that rights
established under deeds,
will contracts, etc. in a
state that shall be
honored in another.
18 year olds can
vote. They shall
not be denied by
State
Proposed March
23, 1971
Congress shall
have power to
enforce article
by appropriate
legislation
Ratified July 1,
1971
Valence issue:
An issue that is uniformly liked or
disliked among the electorate, as
opposed to a position issue on which
opinion is divided
Position issue:
Opinion is
divided
The Death Penalty
Example:
Parties associated
with corruption tend
to be unpopular
Inherent Powers
 The powers of the federal government which,
although not expressly granted by the
Constitution, belong to it by virtue of its role as
the government of a sovereign state.
 Ex. Inherent Presidential Power: to decide whether
and when to seek the written opinions of the
members of his Cabinet
 Ex. Regulate immigration, deport undocumented
aliens, acquire territory
Rights and Responsibilities of Citizenship
Rights:
 Vote in federal elections
 Bring family members to the
United States
 Obtain citizenship for
children born abroad
 Run for federal office
 Become eligible for federal
grants and scholarship
 Bill of Rights (freedom of
speech, press, assembly,
religion, protections, and
bear arms)
Responsibilities:
 Support and defend the
Constitution
 Serve on a jury
 Serve the country when required
 Participate in the democratic
process
 Respect and obey federal, state,
and local laws
 Respect the rights, beliefs, and
opinions of others
 Participate in your local
community
The Media
 The technical means of communication
(radio, newspaper, internet and T.V)
designed to reach, inform, and often
influence large numbers of people.
 Each type of communication can have political
advertising, negative campaign advertising, news
coverage, debates, and attack ads.
Establishment Clause
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The first amendment’s
establishment clause prevents the
government from establishing an
official religion, and favoring one
religion over another.
“Congress shall
make no law
respecting an
establishment of
religion…”
1st amendment of the
constitution
Free Exercise Clause
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The free exercise
clause is a provision of
the first amendment
that guarantees the
free exercise of religion.
It can’t always be
interpreted literally by the
supreme court, because,
for example, murder is
illegal regardless of
whether it was committed
for religious reasons.
Commerce Clause
• Article I, Section 8, Clause 3: [The Congress shall have power] To
regulate Commerce with foreign Nations, and among the several
States, and with the Indian tribes;
• This is often referred to as three different clauses: The Interstate
Commerce Clause, The Foreign Commerce Clause, and The Indian
Commerce Clause.
• the clause is often paired with the Necessary and Proper Clause,
the combination used to take a broad, expansive perspective of
these powers
Campaign Financing
• Hard Money: Contributed directly to a candidate of a political party.
• Soft Money: Contributed to a political party as a whole.
• Public financing: Presidential candidates receive federal government
funds.
• Private Financing: Presidential candidate recieves money through
private contribution.
Liberals and Conservatives
• A Liberal is defined
as a person that
favors change and
reform, and is for the
expansion of the
federal government.
• A Conservative is
defined as a person
that favors stability
and traditional
institutions, and is
against the expansion
of the federal
government.
This is a conservative political cartoon
depicting the government as an oversized
menace to business.
Democrats
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Party started in 1828
when Andrew Jackson
ran for president.
Democrats are mostly
liberal
They commonly
believe in the
protection of civil
rights and liberties,
and government
involvement.
Republicans
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See pg. 278 for
more history
Party started in 1860 to
oppose slavery.
Republicans are mostly
conservative
They commonly believe in
“reducing the size of
government, streamlining
bureaucracy, and returning
the power to individual
states.” –GOP.com
Powers Reserved
To The States
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The Tenth Amendment states that
powers not assigned to the United
States by the Constitution nor
prohibited by it to the States, are
reserved to the States or to the
people.
Examples for
Reserved Powers
For The States
Executive Departments
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The members of the President’s
Cabinet are all made up from
Executive Departments.
There are a total of fifteen Executive
Departments in the United States.
Examples of
Executive Departments
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Department of State
Department
Treasury
Department
Defense
Department
Interior
Department
Agriculture
of
of
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of the
of
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Department of
Commerce
Department of
Labor
Department of
Health and Human
Service
Department of
Energy
Policy Voting
• Policy Voting occurs when a voter votes
for a candidate that shares their stand on
issues.
– For example if Joe is against guns he would
vote for a candidate that doesn’t support guns
if he were to follow policy voting.
Party Identification
• Some voters identify themselves with a
party when they register to vote.
– This allegiance can be used to guide voters in
their choices.
• Voting with a party that you generally agree with
allows you to ignore the smaller issues.
– Based on family, age, peer groups, etc.
Tinker (age 15) and two friends
protested the Vietnam war by
wearing black armbands.
The students were
suspended for refusing to
remove them at school
Defined our
rights as
students
Started only white males could vote
15th amendment
Then only black and white men can vote
Women's rights (19th)
EVERYONE can vote!!!!....as long as your
18 yrs old, a citizen, not mental, or a criminal…
Writ of Certiorari
A written order issued
by a higher court to a
lower court to send up
the record of a case
for review
Articles of Confederation
• Original government of the
U.S. after revolutionary
war
– CONFEDERATION ~
collection of independent
states under weak national
government
• Did not work
– Not enough central power
– No ability to tax
– No central military
• Constitutional Convention
redesigned the articles into
the current constitution.
Split Ticket Voting
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The act of voting for candidates from
more than one political party in the
same election.
Types of Elections
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Critical-
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Deviating- Deviating elections are characterized
A pair (or longer series) of elections in
which political alignments change fundamentally. EX.
African Americans switched from Republican to Democrat.
by temporary issues and factors that cause those people
to vote for the other parties candidate
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Realigning-
represents a bold departure from
previous patterns of voting.
Checks and Balances
A system of constitutional government which guards against absolute power
by providing for separate executive, judicial, and legislative bodies who share
powers.
Third Parties and Their Effect on
American Politics
• Run for the goals of
special interests
groups such as a
higher minimum wage
or old-age pensions.
• Act as spoiler parties
because they “steal”
votes from the two
major parties.
Necessary and Proper Clause
• Article I, Section8,
Clause 18.
• Gives government the
powers that can be
reasonably inferred
from the brief writing
of the constitution.
• Also called the
“elastic” clause.
14th amendment
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Rights Guaranteed Privileges and
Immunities of Citizenship, Due Process
and Equal Protection
Confederal system
A Confederal system of government is one
that has single states make there own
currency, taxes and set tariffs.
 Until 1865 the United States was a
confederacy and the states lead them
selves.
 States have the right secede from the
other states.
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Madison
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James Madison was one of our
constitutions fathers and was the Principal
author of the document.
Madison was our 4th president.
He is considered one of the founding
fathers of the United States.
Civil Liberties: Individual rights protected by
the Constitution against the powers of the
government
Civil Liberties include:
-Freedom of Speech
-Right to Privacy
-Right to marry
-Right to vote
Civil Rights: Constitutionally guaranteed
rights and freedoms of Americans
Straw Polls:
a survey of opinions
taken to estimate the strength of
opposing candidates or the
popularity of a proposed law
Biased Samples:
a polling sample that does
not accurately represent the
population
Random Samples:
a cross-section of a
population that has been polled
on a specific issue
VOTER TURNOUT
The Percentage of eligible citizens who
actually take part, or “turn out” in the
election process
Millions of American's choose not to vote,
for one reason or another
-inability to vote
-lack of interest
-turned off by political campaigns
-indecision
-not a resident or unregistered
Writ of mandamus
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A writ of mandamus is used to order a
public agency or government body into
acting when they have neglected or
refused to do so.
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Examples:
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State agency refusing to release public information
Judge not permitting reporters into a public trial
http://legaldictionary.thefreedictionary.com/writ+of
+mandamus
Writ of mandamus
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Also a famous use of a writ of mandamus
is in the court case of Marby v Madison
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It was used in this case when Marbury was
appointed to the Supreme Court, but his
commission was not delivered so he filed for a
writ of mandamus to force Madison to deliver
said documents. Thus sparking the case.
Book
Regents of the University of
California v Bakke
Alan Bakke, a white man, applied for the
University of California and was rejected,
twice.
 The school reserved 16 spots for ever 100
applicants for “minorities”, part of the
schools affirmative action plan.

Regents of the University of
California v Bakke
At the time of Bakkes applications, his test
scores were much higher than the 16
spots for minorities.
 Regardless, he was still rejected. He then
took the issue to the courts, finally ending
up in the Supreme court.

Regents of the University of
California v Bakke
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In the end the Supreme Court ordered the
school to admit Bakke, saying that any
racial quota system that was supported by
the government goes against the Civil
Rights Act of 1964- racial segregation.
http://www.oyez.org/cases/19701979/1977/1977_76_811/
A federal system is a form of government
which provides a separation of powers between
a central government and regional
governments where a written document
remains superior to both governments, for the
United states it is the federal government and
the fifty states, where the Constitution remains
superior.
To add an Amendment:
1. May be introduced by
a two-thirds vote in
both the Senate and
House of
Representatives
2. Two-thirds of the state
legislatures request
Congress to call a
national amendment
convention which
proposes amendments
to the states.
1.Three fourths of the state
legislatures vote in favor of the
ratification
2.States hold special conventions
to ratify the amendment, if three
fourths votes yes, it becomes an
amendment.
Congressional legislation: using pre-existing clauses
to make laws such as the “commerce clause”
Presidential actions- decisions made by the president
which become the norm.
Judicial Review and Interpretation: how the Supreme
Court rules on a decision and interprets the law.
Civil Rights Laws:
Constitutionally guaranteed rights and
freedoms of Americans .
Freedom of
Speech, privacy,
protection, and
the right of no
governmental
discrimination.
US CONSTITUTION
• A framework of government but also an
act of creating or constituting 13 colonies
into a new single country
• Strict and loose construction
(interpretation)
• Constitutional convention-threw out the
Articles and built this new framework of
government.
Boycotts, freedom marches civil
disobedience
Primary
tools of the
civil rights
movement
in the U.S.
1st amendment rights
Interest Groups
An organization of people with
shared ideas and attitudes who
attempt to influence public policy
Interest Groups:
-Greenpeace USA
-Human Rights Campaign
-The Interfaith Alliance
-National Organization for
Women
-National Rifle Association
Communist
On the political spectrum,
communist is as left as you
can get
A system of government
where the state plans and
controls the economy and a
single party holds power,
working towards a higher
social order in which all
goods are equally shared by
the people.
Karl Marx, the founder of modern day Communism
Federalism
Anything not
expressed for the
federal government
in the constitution
•Powers to govern are shared
between national and central
government.
- Collect taxes
-Levy taxes
- to borrow
money
•
- Declare War
- Regulate
Interstate
commerce
Government that Separates state and
federal powers.