CHAPTER 1 Collective Action Collective Goods Free Rider Problem Public Goods Private Goods Tyranny Transaction Costs Republic Representative Government Direct Democracy WEEK 2 Articles of Confederation Confederation Great Compromise (Connecticut Compromise) Three Fifths Compromise An action taken by a group of like-minded individuals to achieve a common goal Goods that are collectively produced and freely available for anyone’s consumption A situation in which individuals can receive the benefits from a collective activity whether or not they helped to pay for it, leaving them with no incentive to contribute Goods collectively produced and freely available for anyone’s consumption Benefits and services over which the owner has full control of their use A form of government in which the ruling power exploits its authority and permits little popular control The costs of doing political business reflected in the time and effort required to compare preferences and negotiate compromises in making collective decisions A form of democracy in which power is vested in elected representatives A political system in which citizens select government officials who, acting as their agents, deliberate and commit the citizenry to a course of collective action A system of government in which citizens make policy decisions by voting on legislation themselves rather than by delegating that authority to their representatives Set up govt with one house; Each state has one vote regardless of size; Congress could make peace, coin money, appoint military officers, control post office, negotiate with Native Americans, and declare war; States retain independence and sovereignty; Nine states needed to pass any laws (supermajority); Unanimous vote for amendments to Articles; Congressional delegates selected by states’ legislatures National government derives its powers directly from the states Combo of Virginia and NJ plans; two houses (bicameral); House and Senate (prop and equal) Each slave valued at 3/5 vote in house represent Problems with Articles of Confederation Shay’s Rebellion Virginia Plan New Jersey Plan Separation of Powers Checks and Balances Federalists Anti-Federalists Two ways to amend the Constitution 9 out of 13 states necessary to pass laws (difficult to do); Congress lacked the power to tax; No executive to execute the laws enacted by Congress; Congress could not enforce any acts it was able to pass; Congress could not regulate interstate and foreign commerce (states could also coin money, making trade chaotic); Articles did not contain a provision for a judicial system; In other words, the government was DELIBERATELY weak A vivid example of the weaknesses in the Articles of Confederation; Armed uprising over debt crisis Two house (bicameral) legislatures; each state would be rep’d in proportion to pop and directly elected by people Equal representation regardless of state size Three separately staffed branches of government to exercise certain powers; Wanted to avoid placing too much power into one branch of the government Power in each branch is checked (limited) and balanced because all the branches have some authority and no branch has exclusive domain over any single activity. favored a new strong national government favored strong state governments and a weak national government and opposed the new constitution 1. At the national level, a constitutional amendment may be proposed by the U.S. Congress. ■Proposed amendments must be passed by a two-thirds majority of each house. ■Once approved by Congress, the proposed amendment is transmitted to the states for ratification. ■Proposed amendments must be ratified by ¾ of the states before they are adopted. 2. ■Alternatively, amendments may begin with the states. ■The legislatures of the states may apply to Congress for a convention to propose a constitutional amendment. ■If two-thirds of the states request such a convention, Congress must call the convention. ■At a constitutional convention, amendments may be proposed and must be ratified by at least three-quarters of the states. ■No success using this method, although it is still available. CHAPTER 2 Bicameral Legislature Faction Gridlock Majority Rule Super Majority Nullification Pluralism WEEK 3 Unitary System Enumerated Powers Reserved Powers Federal System Concurrent Powers Implied Powers Privileges and Immunities Clause Two houses A group of people sharing common interests who are opposed to other groups with competing interests. James Madison defined a faction as any group with objectives contrary to the general interests of society. A legislative “traffic jam” often precipitated by divided government. Gridlock occurs when presidents confront opposition-controlled Congresses with policy preferences and political stakes that are in direct competition with their own and those of their party. Neither side is willing to compromise, the government accomplishes little, and federal operations may even come to a halt. One more than half to pass 9 out of 13 states to pass laws; Much more than half to pass A legal doctrine that allows a state to void any federal law that could be deemed unconstitutional. A theory describing a political system in which all significant social interests freely compete with one another for influence over the government’s policy decisions. local and regional governments derive all of their power from a strong national government (found in Great Britain) specific powers given to Congress 10th amendment: powers not delegated to the national government are reserved to the States or to the people division of power between the federal government and the state governments those shared by the federal and state governments; taxing, borrow money, establish courts, etc Powers inferred from the express powers that allow Congress to carry out its functions. guarantees that citizens of each state have same rights as citizens of all other states Supremacy Clause Bill of Attainder Extradition Clause Ex Post Facto Law Necessary and Proper Clause Dual Federalism Cooperative Federalism Categorical Grants Block Grants Missouri Compromise Kansas Nebraska Act McCulloch v. Maryland Gibbons v. Ogden Article VI states that in situations of conflict between state and federal law, that federal law is supreme. a law declaring an act illegal without providing a judicial trial requires states to extradite (return) criminals to states where they have been convicted or are to stand trial laws that criminalize an act even if it was legal when committed, or increases the punishment for a crime after it was already committed, or changes the rules of evidence to make conviction easier grants Congress the authority to make all laws that are “necessary and proper” and to execute those laws powers are well-defined and clearly divided between the national and state governments; Rigid power boundaries between the levels of government intertwined relationship between national, state, and local governments that began with the New Deal for specific, narrowly defined purposes such as federal highway grants to states for road construction for broad purposes; consolidate many categorical grants into fewer, less restrictive grants prohibited slavery in territories and new states above the 36º 30 latitude line, with the exception of Missouri opened Nebraska and Kansas territories to slavery by allowing the future settlers in those territories to decide if they would allow slavery in those states; basically repealed Missouri Compromise. Supreme Court had to decide whether congress had the authority to charter a bank at all; Marshall found it was reasonable to imply that Congress had the power to charter a bank; tax was unconstitutional; affirmed national supremacy Congress’s power to regulate interstate commerce also included the power to regulate commercial activity; NY had no constitutional authority to grant a monopoly to single steamboat operator Barron v. Baltimore Dred Scott v. Sandford National Labor Relations Act Fair Labor Standards Act Agricultural Adjustment Act CHAPTER 3 Nationalization Race to the Bottom WEEK 4 Civil Rights Equal Protection Clause of 14th Amendment Poll Tax Civil Rights Act of 1964 Voting Rights Act of 1965 Separate but Equal Doctrine Thirteenth Amendment Fifteenth Amendment The Civil Rights Cases Citizenship Clause of the 14th Amendment De Jure Discrimination decided whether the U.S. Bill of Rights could be applied to state and local governments; court argued that Bill of Rights did not apply to states; only the national government is bound by them; changed in early 20th century; most bill of rights apply to states ruled that African Americans, regardless if they were enslaved or free, could not be considered citizens and therefore, had no right to sue in federal court: also federal government had no authority to regulate slavery in the federal territories; enhanced state power and narrowed national power scope collective bargaining minimum wage, overtime, child labor laws limit crop production through agricultural subsidies Shifting to the national government responsibilities traditionally exercised by the states states “race,” or compete, to provide a minimum level of services (such as welfare spending) or regulation (such as tax incentives for corporations) government actions that provide protection from arbitrary or discriminatory treatment by the government, individuals or organizations. forbids the states from denying to anyone the “equal protection of the laws” Fee to vote prohibited discrimination on the basis of race, color, religion, or national origin in employ, vote, school No literacy tests for voting Allowed separate facilities along racial lines as long as equal in quality No slavery No racial bias in voting (only males) Five separate cases involving discrimination by private individuals; ruled congress could not bar private acts of discrimination All persons born or naturalized in the United States discrimination by law must be eliminated at once De Facto Discrimination Equal Rights Amendment 1972 Strict Scrutiny Intermediate Scrutiny Nineteenth Amendment Plessy v. Ferguson Brown v. Board of Education Bostock v. Clayton County Obergefell v. Hodges Americans with Disabilities Act Equal Pay Act of 1963 Twenty-fourth Amendment CHAPTER 4 Black Codes Jim Crow Laws Grandfather Clauses Hate Crime Racial Profiling discrimination that results from practices rather than the law Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex law that discriminates on the basis of race is presumed to be unconstitutional unless the state can provide “compelling affirmative justifications” law discrimination based on sex or gender Women can vote Supreme Court ruled that the act was not a denial of equal protection because it provided equal accommodations; established separate but equal doctrine school segregation violated the Fourteenth Amendment’s equal protection clause; overruled Plessy v. ferguson ruled that the Civil Rights Act of 1964 protects employees against discrimination on the basis of sexual orientation or gender identity; transgender rights Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects; same sex marriage federally protected no otherwise qualified handicapped individual in the United States, shall, solely by reason of his/her handicap, be excluded requires equal pay for equal work prohibited use of poll taxes as a requirement to vote Denied most legal rights to newly freed slaves; no voting, sitting juries, appearing in public places (vagrancy laws) required segregation in public schools, theaters, hotels and other public accommodations and barred interracial marriage Statutes stating that only those people whose grandfather had voted before Reconstruction could vote, unless they passed a literacy or wealth test crime directed against individuals, property, or organizations solely because of the victims’ race, gender, national origin, or sexual orientation Identifying the suspects of a crime solely on the basis of their race or ethnicity Age Discrimination in Employment Act WEEK 5 Civil Liberties Seditious Speech Writ of Habeas Corpus Espionage Act Sedition Act Symbolic Speech Prior Restraint Libel / Slander Exclusionary Rule Establishment Clause of First Amendment Free Exercise Clause of First Amendment Right to Privacy Miranda Rights Hyde Amendment Denying employment solely due to age personal guarantees and freedoms that government cannot abridge, either by law, constitution, or judicial interpretation speech that encourages rebellion against the government a court order that requires authorities to bring the accused to court and shown the cause for detention Prohibits conveying information with the intent to interfere with the operation or success of the armed forces prohibited disloyal, profane, scurrilous, or abusive language about the form of government, Constitution, Soldiers and sailors, flag or uniform of the armed forces: repealed in 1920 use of symbols and/or actions, rather than words, to convey ideas an official government restriction of speech prior to publication; unconstitutional; national security may be used to retain publication a false written (libel) or spoken (slander) statement that defames the character of a person bars the use of evidence obtained in violation of the Fourth Amendment; the goal is to deter police from illegal conduct directs the national government not to sanction an official religion prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion Bill of Rights does not explicitly mention a right to privacy, though it contains many indications that some areas of life be off limits to governmental regulation Prosecutors cannot introduce into evidence any statements or confessions that were not voluntary; “right to remain silent; anything you say can be used against you; right to have an attorney, if you cannot afford an attorney, one will be appointed for you” excludes abortion from the comprehensive health care services provided to low-income people by the federal government through Medicaid Lemon Test Griswold v. Connecticut Roe v. Wade Atkins v. Virginia Utah v. Strieff Roper v. Simmons Texas v. Johnson McDonald v. Chicago Heien v. North Carolina Lawrence v. Texas Whole Woman’s Health v. Hellerstedt Knight First Amendment Institute v. Trump Ward v. Rock Against Racism Furman v. Georgia A practice or policy was constitutional if:•It had a legitimate secular purpose•Neither advanced nor inhibited religion, and•Did not foster an excessive government entanglement with religion ruled that outlawing the sale of contraceptives (and outlawing the dissemination of information about contraceptives) violated marital privacy decided that a woman’s right to privacy of her body is paramount; subject to regulations execution of those with intellectual disabilities violates Eighth Amendment if an officer illegally stops an individual then discovers an arrest warrant—like a traffic violation—the stop is legitimized, and any evidence seized can be used in court unconstitutional to impose death penalty for minors ruled that flag burning is symbolic speech Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states; states can enforce regulations however If police officer makes reasonable mistake of law that leads him/her to conclude that a driver is doing something illegal, then no fourth amendment violation has occurred during the traffic stop Found Texas anti-sodomy law unconstitutional because it violated fundamental privacy rights struck down Texas Omnibus Abortion Bill; removed blocks in way of seeking abortions; stopped closure of abortion clinics first Amendment does not permit a public official who utilizes a social media account for all manner of official purposes to exclude persons from an otherwise-open online dialogue because they expressed views with which the official disagrees; cannot block users Protest must be: 1.The regulation must be content neutral.2.It must be narrowly tailored to serve a significant governmental interest.3.It must leave open ample alternative channels for communicating the speaker’s message. Burger Court found capital punishment as it was being administered to be cruel and unusual; Due Process Clause of the 14th Amendment CHAPTER 5 Obscenity Clear and Present Danger Test Amendments 1 2 3 4 5 6 7 8 9 disproportionately given to black criminals for murder limits states’ abilities to deprive citizens of their legal rights publicly offensive acts or language, usually of a sexual nature, with no redeeming social value. The Supreme Court has offered varying definitions in its rulings over the years rule used by the Supreme Court to distinguish between speech protected and not protected by the First Amendment. Under this rule, the First Amendment does not protect speech aimed at inciting an illegal action. Freedom of speech, assembly and association; freedom of the press; freedom of religion Right to keep and bear arms Forbids quartering soldiers in houses during peacetime Protects people from unreasonable searches by the federal government; seizure includes arrest Double jeopardy: cannot be tried twice for same offense, even if new information is unearthed; BUT if you were tried in a state court, you could then be tried in a federal court and vice versa right to a jury trial in “serious” criminal cases which means those that could result in more than 6 months of incarceration; right to counsel:: Right to impartial jury: a group of peers act as factfinding body to determine guilt or innocence; persons who have made up their minds before trial should be excluded Right to jury trial in civil cases Prohibits “cruel and unusual” punishment (does not define cruel or unusual; prohibits excessive bail and fines rights retained by the people that are not specifically enumerated in the Constitution (privacy maybe)