AP GOVERNMENT REVIEW PACKET

Table of Contents:1. Intro to Government in America and the Constitution2. Voting Behavior and Elections3. Public Opinion and Political Action4. Congress5. Nominations and Campaigns6. Interest Groups7. Political Parties, Interest Groups, and the Media8. Presidency9. Bureaucracy10. Judiciary

Introduction to Government in America and The ConstitutionFormal/Informal Changes in Constitution:

Formal Amendment Process Proposing: 2/3 vote in both houses of Congress, OR by National Convention called by Congress at the request of 2/3 of the states

    Ratifying: by legislatures of ¾ of the states, OR by conventions of ¾ of the states

Informal Methods of Constitutional Change Congressional legislationPresidential actions—executive agreementsJudicial Review—declaring acts of congress or president unconstitutionalInterpretation, Custom, & Usage: cabinet, bureaucracy, and political partiesFederalism:Dual Federalism: emphasizes a distinction between federal and state spheres of governmental authority. Commonly depicted as a “layer cake”  because the state governments and national governments are viewed as separate entities, like individual layers in a cake.Cooperative (Marble Cake) :  states and national governments cooperate in solving complex common problems. Great Depression, 1930s, led to a shift from dual to cooperative federalism. National-state relationship= marble cake, interactive and working together. Thought of by some as the beginning of national supremacy, and loss of state’s powers.Creative Federalism: when national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally.Competitive Federalism: Views the national government, 50 states, and thousands of local governments as competing with each other

over ways to put together packages of services and taxes. Applies the analogy of the marketplace: we have some choice about which state and city we want to "use", just as we have choices about what kind of telephone service we use.New Federalism:  coined by President Nixon, goal is to restore to the states some of the powers that have been exercised by the national government since the 1930s.  Devolution – which means the transfer of powers to political subunits– is often used in connection with this approach to federalismElectoral College: system of voting, Article II, Section I outlines number and choice of electors for president and vice president.

Total number of electors: 538. Equal to 100 Senators, 435 members of the House, 3 electors for DC

Candidates who receive majority of the electoral votes (270) are certified as president & vp elect

If no candidate receives a majority of electoral votes, the election of the president is decided by the House from among the candidates with the three highest number of votes.  Each state has 1 vote

selection of the vp is determined by the Senate in a choice between the two highest candidates, each senator having one vote.

It is possible for a candidate to become president without obtaining a majority of the popular vote (Lincoln, Wilson, Truman, Kennedy, Nixon (in 1968), and Clinton. Generally, results from presence of a prominent 3rd party candidate.

Some candidates have received popular vote, but lost overall election

Bill of Rights: First 10 amendments added to the constitution. Ratified Dec. 17, 1791. Limited powers of national government considering rights/liberties of individuals.  I.               Freedom of Speech, Press, Religion & PetitionII.             Right to keep & bear armsIII.           Conditions for quarters of soldiersIV.            Right of search & seizure of regulatedV.              Provisions concerning prosecutionVI.            Right to speedy trial, witness, etc.VII.          Right to trial by juryVIII.        Excessive bail, cruel punishmentIX.            Rule of construction of ConstitutionX.              Right of States under ConstitutionFederalists and Anti-FederalistsFederalists

favored a strong national government supported the creation of the constitution becomes the first US political party

Anti-Federalists favored strong state governments and weak national

government opposed the ratification of the Constitution (want a Bill of Rights)

Articles of Confederation vs. ConstitutionWeakness of Articles Issue that

ResultsConstitutional Solution!

No strong central government No ability to maintain order

3 Branches with checks and balances

No military No national defense

Organized military

No power to tax (or enforce laws in general)

No way to raise revenue

Can tax!

No resources to back up currency value (no unified currency)

No way to coin effective money

Unified currency

Federalist #10: (1787) Written by James Madison, who argues one of the best ways to check the power of faction is to create a republican form of government.

Factions pose one of the greatest threats to popular government. Fear of the “masses” e.g. the uprising of Shay’s Rebellion

Weaknesses of the Articles: lack of concern for the “public good,” disregard for the rights of the minority, & failure to preserve citizens’ personal liberties

Madison outlines concept of a faction: group of citizens united in an interest that negatively affects the interests of the community. Such factions must be guarded against by government

Successful governments—must either remove the causes of faction, or find a way to control/mediate disparate views

 Ways to remove causes of faction: destroying liberty necessary for factions to survive, & creating a citizenry united by common option (unsatisfactory methods)

 Ultimately, it is impossible to control the causes of faction   People have inherent & natural divisions—many of which are

rooted in the division of property. Necessary to the survival of society

Mechanisms to control the effects of faction: eliminating the existence of a majority, or preventing majorities from carrying out acts of oppression. Neither moral nor religious motives control the will of the majority

No “pure democracy” can control factions. Republic—superior to democracy: can extend over a much larger class of citizens. Balance between number of governed and number of representatives

Federalist #51 (1788) Madison explains how the structure of the new government helps to protect citizens’ individual liberties. Constitution contains two main protections: system of checks & balances, & a federal system of government that divides power between state and national governments.

Separation of powers. In an ideal world, officials in one branch should have little ability to influence the selection of officials in another branch; officials should be selected by the people

Difficulty with allowing direct selection of leaders, fear of mob rule

“Ambition must be made to counteract ambition” system of checks & balances

People in their natural state cannot be trusted, government must control the people as well as itself

Bicameral legislature. Compound federal republic. 2nd purpose of republic—to protect citizens from themselves;

division of society into so many interests & classes that it is difficult for the majority to trample wishes of the minority

Philosophical ThoughtLocke

natural rights = rights that do not depend on a specific law; they’re inherently guaranteed

it’s the government’s job to protect property believed that the legislative branch must be the most powerful

Hobbes wrote Leviathan believed that humanity is inherently evil and government is

needed to maintain order government is necessary to guarantee the rights of the weak

against the strongMontesquieu

published Spirit of the Law adopted Hobbe’s and Locke’s social contract theory best government is one that fits the people contributed to the theory of liberty, government is best when

power is dividedMadison

Wrote the Constitution with the influence of all the aforementioned philosophical thinkers

JUST GOOD THINGS TO KNOW!

Types of Democracy Representative Democracy (indirect) = a system of government

that gives citizens the opportunity to vote for representatives who will work on their behalf

Participatory Democracy (direct) = a system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule

Theories of Government Pluralist = politics is the art of compromise; you’re not looking at

JUST the majority Elitist = concept that elite should rule because the elite are more

educated and informed and are, therefore, better suited to decision-making on a grand scale

Bureaucratic = government is organized into levels, a kind of hierarchy (we have this!)

Types of Government Systems Unitary System = most of the power resides with a single,

centralized government entity Federal System = power is divided between the federal, state,

and local governments Confederate System = constituents delegate some power to the

central government; power of central government is extremely limited

Limited Government = system in which anything more than minimal governmental intervention is not permitted

Separation of Powers: basic principle of American system of government. executive, legislative, & judicial powers are divided among independent/equal branches of government.

Presidential (3 branches) as opposed to Parliamentary system (power in 1 agency)

Powers of National Govt. divided among Congress (legislative branch), the President (executive branch),  & the courts (judicial branch)

"The accumulation of all powers...in the same hands...may be pronounced as the very definition of tyranny" James Madison on Separation of Powers

Checks and Balances: basic principle of Constitution , system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others. e.g:

executive can veto congressional legislation, legislative can override the veto; president is commander in chief but only the congress can declare war

legislative branch passes laws, Supreme Court can declare them unconstitutional; legislative branch can create lower courts

the president can approve or veto bills and laws, Supreme Court can declare them unconstitutional; the president nominates justices for the Supreme Court

Elastic Clause (Necessary and Proper) Article 1, Section 8: example of Constitutional “loophole” allowing for the expansion of powers of the Federal Government. Permits national govt. to pass laws “necessary and proper to exercise its powers enumerated in the Constitution.Judicial Review: basic principle of the Constitution, defined as power of the courts to determine the constitutionality of the actions of the legislative and executive branches of government. Established by Marbury v. Madison (1803)Marbury v. Madison (1803): Chief Justice Marshall established “judicial review” as a power of the Supreme Court. After defeat in 1800 elections, President Adams appointed many Federalists to the federal courts, but the commissions weren’t delivered. James Madison, Secretary of State, refused to deliver them & sued the Supreme Court. Court’s decision gave them power to find acts of Congress unconstitutional.Supremacy Clause (Article VI, clause 2): mandates that national law is supreme (supersedes) all other laws passed by the states or by any other subdivision of government. States cannot use their reserved or concurrent powers to thwart national policies.Reserved Powers: 10th Amendment specifies that powers not delegated to the Federal Government, by the Constitution, not prohibited to it by the states, are reserved to the states or to the people. One of the more ambiguous amendments, debated and often resurrected to justify arguments supporting state’s rights.McCullough v. Maryland: (1819) Supreme Court upheld the power of the national government and denied the right of the state to tax the federal bank using the Constitution’s supremacy clause. Broad interpretation of the necessary and proper clause.Article I, Section 8: contains all the enumerated powers of congress.·      Power to tax and spend·      Power to provide for the common defense and general welfare·      Encourages congress to spend public funds on general welfare·      Power to regulate interstate commerce·      Power to declare war·      Power to establish the federal judicial systemArticle 1, Section 9: creates policy governing the institution of slavery w/o explicitly mentioning the word. In 1808, Congress passed legislation banning the importation of slaves; until then, Congress used its power to tax slaves brought to the U.S.

Barron v. Baltimore: (1833) Supreme Court ruled that the due process clause of the 5th Amendment didn’t apply to the actions of the states. This decision limited the Bill of Rights to the actions of Congress alone.Gibbons v. Odgen: (1824). The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court’s broad interpretation of the Constitution’s commerce clause paved the way for later rulings upholding expansive federal powers.Revenue Sharing: giving money back to the state and local governments with “no strings attached”Grants-in-Aid: occurs when the national government gives back to the states/local governments a significant amount of tax dollars it collects. Divided into two groups:Categorical:  grants to state and local governments designated for very specific programs or projects. Attaches “conditions,” allowing for substantial national government control, can withhold funding if specifications are not met. Preferable by congress.Block: place fewer restrictions on grants-in-aid given to state and local governments by grouping a number of categorical grants under one broad purpose. Generally more preferable to mayors andlocal leaders.Shay’s Rebellion (1786) heightened the need for revision of the Articles

Impoverished farmers were losing farms due to mortgage foreclosures & debts

Daniel Shays led debtors in a revolt. Massachusetts raised army in response. However, Shay’s

Rebellion demonstrated that the central government could not protect the people from armed rebellion or provide adequately for the public welfare.

Popular Sovereignty: notion that the ultimate authority in society rests with the peopleSocial Contract Theory: (Hobbes and Locke) belief that people are free and qual by natural rights so they must give their consent to be governed

influenced the Declaration of IndependenceWrit of Habeus Corpus: court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow for the prisoner to be freed if the judge is not persuaded by the government’s case

prisoners have a right to know what charges are being held against them

Bill of Attainder: a law declaring an act illegal without a judicial trial

interest.  This can give birth to Special interest caucuses created

around issues, home states, regions or congressional class.  Example: The Congressional Caucus for Women’s Issues.Interest groups, lobbyists, and Political Action Committees (PAC’s)The major goal for interest groups and lobbyists is to provide information to supportive or potentially supportive legislators, committees, and their staffs.  Political Action Committee’s or PAC’s help fund a campaign.  usually the congress member will agree with the stance of the PAC in order to help continue the funding of their campaign.Balancing Institutional Power

Congress and the Executive

Over our countries history, the balance of power between Congress and the president has been back and forth.  since the presidency of FDR, congress has ceded to the president a major role in the legislative process.  National emergencies such as 9/11 and 2008 economic crisis usually cause an increase in presidential power.

Congress and the Judiciary

The power of judicial review allows for the judiciary to review the constitutionality of acts of congress.  it is up to the congress to determine the number of judges on each court, as well as the boundaries of judicial districts and circuits.  Congress also sets the jurisdiction of the federal courts.

Nominations and Campaigns

Campaigns

Finances in Campaigns Hard money-contributions that are regulated and limited by the

FEC and are given directly to the campaign Soft money- contributions given to the party rather than the

campaign and therefore not regulated by the FEC Independent Expenditures- money spent by 527’s etc that is not

directly linked to a campaign but is still working to promote a candidate (soft money)

Public funds- donations from general tax revenues given to qualifying candidates

PACs Political Action Committees

Fund raising organizations that represent groups or candidate in the political process

donations and funds raised by these groups are very influential in the political process and can sometimes lead to corruption

More and more of them are emerging and becoming powerful in elections for both

Congress and the President Super PACs- only use independent expenditures

Interest Groups vs. Political Parties Political Parties aim to get a candidate elected and then create public policy that

follows their ideology raise money exist in the electorate, organization, and the government Interest groups aim to influence public policy and make sure that certain issues

are addressed and solved in the way that they would like lobby with private meetings, drafting legislation, providing info,

and giving nomination suggestions often will help with campaigns and raising money when a certain

issue that they believe in is addressed by that candidate Both work together to create a platform, raise money, and promote a

candidate are influential in the public and media and work to create an

image for the candidate etc.

FECA (Federal Election Campaign Act) Candidates must disclose the sources of both contributions to

their campaigns and the money that their campaigns spend Created the FEC to administer and enforce the campaign finance

laws Individuals were limited to $1000 in donations to any candidate

during any single elections Established disclosure requirement and distinguished between

soft and hard money Presidential Public Funding Program: provides partial funding for

presidential candidates who meet certain criteria

By 2002, it became clear that they were insufficient to regulate every increasing campaign expenditures in the U.S.

Buckley v. Valeo - Court ruled that money spent by an individual or political committee in support or opposition of a candidate was a form of symbolic speech = not limited under 1st Amendment

Candidate for president can become eligible to receive public funds by raising at least $5000 in individual contributions of $250 or less in each of twenty states

Matching funds - donations to presidential campaigns whereby every dollar raised from individuals in amounts less than $251 is matched by the federal treasury

BCRA (Bipartisan Campaign Reform Act) Regulates political advertising and funding Limits the broadcast of issue advocacy ads within 30 days of a

primary election & 60 days of a general election; regulates campaign contributions from many sources (individuals, political parties, PAC, members of Congress, and personal savings)

Raised the limit on individual contributions to $250 Prohibits national parties from raising or spending soft money Prohibits federal candidates and officeholders from raising or

spending soft money

McConnell v. FEC Court ruled that generally speaking, the Bipartisan Campaign

Finance Reform Act of 2002 did not violate the First Amendment Upheld the restrictions on corporate electioneering

Citizens United v. FEC Reversed decision in McConnell v. FEC Limitations on corporate elections spending were

unconstitutional restrictions on freedom of speech Declared unconstitutional BCRA’s ban on electioneering

communications made by corporations and unions

Nominations

President’s Role In article 2 of the Constitution it is stated that the President will

make appointments

(section 2) Appoints members of the bureaucracy ie the Cabinet members,

Executive Office of the Presidency, Independent Executive Agencies and approved by the Senate

Also makes judicial nominations for federal courts and the Supreme court based on criteria such as ideology, rewards/experience, religion, race, etc with the approval of the senate

Congress’ Role Senate has ability to confirm key members of the executive

branch: oversight function Federal judges are confirmed by the U.S. Senate Senatorial courtesy - Process by which presidents generally defer

selection of district courts to the choice of senators of their own party who represent the state where the vacancy occurs

Nominations are referred to the Senate Judiciary Committee, which investigates the nominees, holds hearings, and votes on its recommendation for Senate action

o Committee may reject a nominee or send nomination to the full Senate for a vote

Simple majority vote is required for confirmation

Introduction to Government in America and The ConstitutionFormal/Informal Changes in Constitution:

Formal Amendment Process Proposing: 2/3 vote in both houses of Congress, OR by National Convention called by Congress at the request of 2/3 of the states

    Ratifying: by legislatures of ¾ of the states, OR by conventions of ¾ of the states

Informal Methods of Constitutional Change Congressional legislationPresidential actions—executive agreementsJudicial Review—declaring acts of congress or president unconstitutionalInterpretation, Custom, & Usage: cabinet, bureaucracy, and political partiesFederalism:Dual Federalism: emphasizes a distinction between federal and state spheres of governmental authority. Commonly depicted as a “layer cake”  because the state governments and national governments are viewed as separate entities, like individual layers in a cake.Cooperative (Marble Cake) :  states and national governments cooperate in solving complex common problems. Great Depression, 1930s, led to a shift from dual to cooperative federalism. National-state relationship= marble cake, interactive and working together. Thought of by some as the beginning of national supremacy, and loss of state’s powers.Creative Federalism: when national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally.

Competitive Federalism: Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services and taxes. Applies the analogy of the marketplace: we have some choice about which state and city we want to "use", just as we have choices about what kind of telephone service we use.New Federalism:  coined by President Nixon, goal is to restore to the states some of the powers that have been exercised by the national government since the 1930s.  Devolution – which means the transfer of powers to political subunits– is often used in connection with this approach to federalismElectoral College: system of voting, Article II, Section I outlines number and choice of electors for president and vice president.

Total number of electors: 538. Equal to 100 Senators, 435 members of the House, 3 electors for DC

Candidates who receive majority of the electoral votes (270) are certified as president & vp elect

If no candidate receives a majority of electoral votes, the election of the president is decided by the House from among the candidates with the three highest number of votes.  Each state has 1 vote

selection of the vp is determined by the Senate in a choice between the two highest candidates, each senator having one vote.

It is possible for a candidate to become president without obtaining a majority of the popular vote (Lincoln, Wilson, Truman, Kennedy, Nixon (in 1968), and Clinton. Generally, results from presence of a prominent 3rd party candidate.

Some candidates have received popular vote, but lost overall election

Bill of Rights: First 10 amendments added to the constitution. Ratified Dec. 17, 1791. Limited powers of national government considering rights/liberties of individuals.  I.               Freedom of Speech, Press, Religion & PetitionII.             Right to keep & bear armsIII.           Conditions for quarters of soldiersIV.            Right of search & seizure of regulatedV.              Provisions concerning prosecutionVI.            Right to speedy trial, witness, etc.VII.          Right to trial by juryVIII.        Excessive bail, cruel punishmentIX.            Rule of construction of ConstitutionX.              Right of States under ConstitutionFederalists and Anti-FederalistsFederalists

favored a strong national government

supported the creation of the constitution becomes the first US political party

Anti-Federalists favored strong state governments and weak national

government opposed the ratification of the Constitution (want a Bill of Rights)

Articles of Confederation vs. ConstitutionWeakness of Articles Issue that

ResultsConstitutional Solution!

No strong central government No ability to maintain order

3 Branches with checks and balances

No military No national defense

Organized military

No power to tax (or enforce laws in general)

No way to raise revenue

Can tax!

No resources to back up currency value (no unified currency)

No way to coin effective money

Unified currency

Federalist #10: (1787) Written by James Madison, who argues one of the best ways to check the power of faction is to create a republican form of government.

Factions pose one of the greatest threats to popular government. Fear of the “masses” e.g. the uprising of Shay’s Rebellion

Weaknesses of the Articles: lack of concern for the “public good,” disregard for the rights of the minority, & failure to preserve citizens’ personal liberties

Madison outlines concept of a faction: group of citizens united in an interest that negatively affects the interests of the community. Such factions must be guarded against by government

Successful governments—must either remove the causes of faction, or find a way to control/mediate disparate views

 Ways to remove causes of faction: destroying liberty necessary for factions to survive, & creating a citizenry united by common option (unsatisfactory methods)

 Ultimately, it is impossible to control the causes of faction   People have inherent & natural divisions—many of which are

rooted in the division of property. Necessary to the survival of society

Mechanisms to control the effects of faction: eliminating the existence of a majority, or preventing majorities from carrying

out acts of oppression. Neither moral nor religious motives control the will of the majority

No “pure democracy” can control factions. Republic—superior to democracy: can extend over a much larger class of citizens. Balance between number of governed and number of representatives

Federalist #51 (1788) Madison explains how the structure of the new government helps to protect citizens’ individual liberties. Constitution contains two main protections: system of checks & balances, & a federal system of government that divides power between state and national governments.

Separation of powers. In an ideal world, officials in one branch should have little ability to influence the selection of officials in another branch; officials should be selected by the people

Difficulty with allowing direct selection of leaders, fear of mob rule

“Ambition must be made to counteract ambition” system of checks & balances

People in their natural state cannot be trusted, government must control the people as well as itself

Bicameral legislature. Compound federal republic. 2nd purpose of republic—to protect citizens from themselves;

division of society into so many interests & classes that it is difficult for the majority to trample wishes of the minority

Philosophical ThoughtLocke

natural rights = rights that do not depend on a specific law; they’re inherently guaranteed

it’s the government’s job to protect property believed that the legislative branch must be the most powerful

Hobbes wrote Leviathan believed that humanity is inherently evil and government is

needed to maintain order government is necessary to guarantee the rights of the weak

against the strongMontesquieu

published Spirit of the Law adopted Hobbe’s and Locke’s social contract theory best government is one that fits the people contributed to the theory of liberty, government is best when

power is dividedMadison

Wrote the Constitution with the influence of all the aforementioned philosophical thinkers

JUST GOOD THINGS TO KNOW!Types of Democracy

Representative Democracy (indirect) = a system of government that gives citizens the opportunity to vote for representatives who will work on their behalf

Participatory Democracy (direct) = a system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule

Theories of Government Pluralist = politics is the art of compromise; you’re not looking at

JUST the majority Elitist = concept that elite should rule because the elite are more

educated and informed and are, therefore, better suited to decision-making on a grand scale

Bureaucratic = government is organized into levels, a kind of hierarchy (we have this!)

Types of Government Systems Unitary System = most of the power resides with a single,

centralized government entity Federal System = power is divided between the federal, state,

and local governments Confederate System = constituents delegate some power to the

central government; power of central government is extremely limited

Limited Government = system in which anything more than minimal governmental intervention is not permitted

Separation of Powers: basic principle of American system of government. executive, legislative, & judicial powers are divided among independent/equal branches of government.

Presidential (3 branches) as opposed to Parliamentary system (power in 1 agency)

Powers of National Govt. divided among Congress (legislative branch), the President (executive branch),  & the courts (judicial branch)

"The accumulation of all powers...in the same hands...may be pronounced as the very definition of tyranny" James Madison on Separation of Powers

Checks and Balances: basic principle of Constitution , system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others. e.g:

executive can veto congressional legislation, legislative can override the veto; president is commander in chief but only the congress can declare war

legislative branch passes laws, Supreme Court can declare them unconstitutional; legislative branch can create lower courts

the president can approve or veto bills and laws, Supreme Court can declare them unconstitutional; the president nominates justices for the Supreme Court

Elastic Clause (Necessary and Proper) Article 1, Section 8: example of Constitutional “loophole” allowing for the expansion of powers of the Federal Government. Permits national govt. to pass laws “necessary and proper to exercise its powers enumerated in the Constitution.Judicial Review: basic principle of the Constitution, defined as power of the courts to determine the constitutionality of the actions of the legislative and executive branches of government. Established by Marbury v. Madison (1803)Marbury v. Madison (1803): Chief Justice Marshall established “judicial review” as a power of the Supreme Court. After defeat in 1800 elections, President Adams appointed many Federalists to the federal courts, but the commissions weren’t delivered. James Madison, Secretary of State, refused to deliver them & sued the Supreme Court. Court’s decision gave them power to find acts of Congress unconstitutional.Supremacy Clause (Article VI, clause 2): mandates that national law is supreme (supersedes) all other laws passed by the states or by any other subdivision of government. States cannot use their reserved or concurrent powers to thwart national policies.Reserved Powers: 10th Amendment specifies that powers not delegated to the Federal Government, by the Constitution, not prohibited to it by the states, are reserved to the states or to the people. One of the more ambiguous amendments, debated and often resurrected to justify arguments supporting state’s rights.McCullough v. Maryland: (1819) Supreme Court upheld the power of the national government and denied the right of the state to tax the federal bank using the Constitution’s supremacy clause. Broad interpretation of the necessary and proper clause.Article I, Section 8: contains all the enumerated powers of congress.·      Power to tax and spend·      Power to provide for the common defense and general welfare·      Encourages congress to spend public funds on general welfare·      Power to regulate interstate commerce·      Power to declare war·      Power to establish the federal judicial systemArticle 1, Section 9: creates policy governing the institution of slavery w/o explicitly mentioning the word. In 1808, Congress passed

legislation banning the importation of slaves; until then, Congress used its power to tax slaves brought to the U.S.Barron v. Baltimore: (1833) Supreme Court ruled that the due process clause of the 5th Amendment didn’t apply to the actions of the states. This decision limited the Bill of Rights to the actions of Congress alone.Gibbons v. Odgen: (1824). The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court’s broad interpretation of the Constitution’s commerce clause paved the way for later rulings upholding expansive federal powers.Revenue Sharing: giving money back to the state and local governments with “no strings attached”Grants-in-Aid: occurs when the national government gives back to the states/local governments a significant amount of tax dollars it collects. Divided into two groups:Categorical:  grants to state and local governments designated for very specific programs or projects. Attaches “conditions,” allowing for substantial national government control, can withhold funding if specifications are not met. Preferable by congress.Block: place fewer restrictions on grants-in-aid given to state and local governments by grouping a number of categorical grants under one broad purpose. Generally more preferable to mayors andlocal leaders.Shay’s Rebellion (1786) heightened the need for revision of the Articles

Impoverished farmers were losing farms due to mortgage foreclosures & debts

Daniel Shays led debtors in a revolt. Massachusetts raised army in response. However, Shay’s

Rebellion demonstrated that the central government could not protect the people from armed rebellion or provide adequately for the public welfare.

Popular Sovereignty: notion that the ultimate authority in society rests with the peopleSocial Contract Theory: (Hobbes and Locke) belief that people are free and qual by natural rights so they must give their consent to be governed

influenced the Declaration of IndependenceWrit of Habeus Corpus: court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow for the prisoner to be freed if the judge is not persuaded by the government’s case

prisoners have a right to know what charges are being held against them

Bill of Attainder: a law declaring an act illegal without a judicial trial

orate (citizens eligible to vote)= Raise Money, Registration Drives, VOTERS.21. Public Interest Group: An organization that seeks a collective good that will not selectively and materially benefit group members.Economic Interest Group: A group with the primary purpose of promoting the financial interests of its members.a) Three categories of economic interest groups: 1) Business Groups (Trade&Pro; American Medical Association), 2) Labor Organizations (AFL-CIO), 3) Organizations representing the interest of farmers.22. Composition of Interest Group Members:a. Top= Small number of leaders who devote most of their energies to the single group.b. Second Tier= Involved psychologically; workers of the group attend meetings, pay dues, and chair committees to see that things get done.c. Bottom Tier= Rank and tile members who do not actively participate; pay their dues and call themselves group members.d. Higher Income and Education Levels= Afford to belong to more organizations; greater confidence that one’s actions will bring results--> Incentive to devote time.23. New Media: Role of the internet, blogs, and social networking sitesa. Internet: 61% of Americans get news online, Availability of information= a better-informed and more active electorate, finding valid and balanced data amidst the unlimited available concer.b. Blogs: Web-based journal entries that provide an editorial and news outlet for citizens; many are devoted to rumor mongering (Clinton Administration) or provide reasoned discourse.c. Social Networking Sites (Facebook, Twitter): Used to organize activists, raise money, and energize young voters during campaigns; Growing reliance will weaken the media’s role as a filter, educator, and watchdog.

Presidency:

Twenty second amendment states that - a president is limited to two four year terms. However a vice president who succeeds a president due to illness or impeachment is eligible for a total of ten years. Two years  of the remaining president’s term and two other terms if he is re-elected.

The original function of the Vice-President was merely to succeed the president if any event occurred.

Power to preside over the Military as Commander in Chief Article 2 states that the president is commander in chief  of the

Army and Navy of the United States. Misinformation in wars like the Vietnam war led congress to pass

the war powers act - which limits the president in the deployment of troops overseas to a 60 day period in peacetime which can be extended for an 30  days to permit withdrawal unless congress explicitly gives its approval for a longer period. limited the president’s authority to introduce American Troops into hostile foreign lands without congressional approval. Nixon Vetoed but it was overridden by a ⅔ majority in both houses.

Rules of Succession 1947- Congress pased the presidential succession act which lists

in order theose in line to succeed after the vice president and has to this day never been used.

Twenty fifth amendment was added to the constituion in 1967 to assure this will continue to be the case.  It establishes procedures for filling vacancies in the office of President and vice president as well as providing for procedures to deal with the disability of a president.

Inherent powers-powers that belong to the president because they can be inferred from the constitution

Presidents authority is limited by formal powers enumerated in article 2 and by supreme courts interpretations.  Presidents power is affected by the times, his confidants, advisors, his personality, and leadership abilities. Crises trigger expanded presidential power.  Lincoln after the civil war is great examples.

Constitutional Powers of the President

The appointment Power- To help the president enforce laws passed by congress the constitution authorizes him to appoint with the advice and consent of the senate ambassadors other public minister and councils supreme court judges and all other officers of the united states who’s appointments are not provided for.

When the president makes almost 3,500 appointments to his administration (Just over 1000 require senate confirmation). He can also remove many appointees as well. People appointed wield substantial authority over the course and direction of

public policy. A president’s influence can be felt far from his office due to the staff he appoints.

Executive Priviledge- An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to congress or the Judiciary

8.5 Presidential Leadership and Importance of Public Opinion Leadership is key to Presidency Crucial for President to be persuasive Passive or active in regards to energy.  Active-positive presidents

are most successful because they are driven and motivate the people.

Going Public Technological advances have made direct communication easier

and faster to a larger amount of people “going public” refers to Direct presidential appeals to electorate Obama has appeared on late night talk shows and presented at

US naval academy

Public’s Perception President’s approval ratings are assumed to show power Low policy ratings cripple president policy making abilities Honeymoon period is right after president is elected.  They

typically have highest approval rating right after election. Usually take advantage of this period and try to get majority of bills based

Since Watergate and other scandals the public is increasingly skeptic or Presidents

Chief Legislator Presidents are turned to for concrete legislative plans to propose

to congress Partisan lines give Pres even more legislative authority Typically have a hard time getting congress to pass their

programs Rely on beginning of their term as well as political party support.

Most successful when President has carried members of his party into office and when their party hold majority.

Budgetary Process and Legislative Implementation President makes budget proposal which shows importance and

priorities based on the funding each agency is supposed to have Congress has control of money but FDR got involved in budget

See OMB definition

Policy making through executive order In times of high divided gov. president can affect policy process

by issuing executive order See executive order definition Youngstown sheet and Tube V Sayer.  Said Truman overstepped

his boundaries.  Truman used executive orders to seize mills, mines and factories during worlds war 2.

Signing statements are the presidents comments on a bill.  Invite litigation and delay policy implementation.  

Guidelines of the Presidency Impeachment- Contained in article 2 and adopted as a check

on the power of the president, it is The power delegated to the House of Representatives in the constitution to charge the president vice president or other civil officers with treason bribery or other high crimes and misdemeanors it is the first step in the constitutional process of removing government officials from office. The senate acts as the court of law and tries the president for the charged offenses with the chief justice of the U.S. supreme court presiding. Two thirds majority vote in the senate is necessary to remove the president from office.

Richard Nixon was heading towards certain impeachment after the watergate scandal, but before he could be tried he resigned from office.

Andrew Johnson and Bill Clinton was impeached by the HoR but neither were kicked out by the senate.

The Power to make Treaties The president’s power to make treaties with foreign  nations is

checked by the constitutions statements that all treaties must be approved by at least ⅔ of the members of the senate. Presidents often also try to get around the constituitonal “advice and consent“ of the senate requirements  for the ratification of treaties and the congressional approval requiring for trade agreements by entering into executive agreements( formal international agreements entered into by the president that do not require the advice and consent of the U.S Senate. Executive agreements have been used far more than treaties cementing the role of the president in foreign affairs.

Veto Power- The formal constitutional authority of the president to reject bills passed by both houses of congress thus preventing them from becoming a law without further congressional action. Threat of a presidential veto prompts members of congress to make bills that they know will get passed by the president. This

gives the president another way to influence lawmaking. Keeping with the systems of checks and balances congress was given the authority to override an executive veto by a ⅔ vote in each house. But that does not happen very often.

Line-item Veto- The authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending, ruled unconstitutional by the U.S. Supreme Court.

The Power to Convene Congress Constitution requires the president to inform the congress

periodically of the “State of the Union” and authorizes the president to convene either one or both of the houses of congress.

Executive order-rule or regulation issues by the pres that has the effect of law.  All executive orders must be published in the federal register

Qualificationso Both the President and the Vice President must be natural

born citizens  of the United Stateso Be at least 35 years oldo And have been a resident of the United States for at least

14 years.o Framers wanted to make sure that prospective presidents

spent a majority of their time on U.S. shore before running for election.

o Cabinet- An advisory group selected by the President to help him make decisions and execute the laws.

Vice President Began as insignificant position Originally VP was sought after to balance Pres. Ticket In 2008 Obama and McCain both chose VP’s to balance their

views and attract a larger demographic of support VP’s power is based on how much power the Pres gives

The Cabinet No basis in constitution but implied by article II section 2. President chooses head of major executive departments Job is to execute the laws and assist in making his decisions Duties have grown alongside duties of national gov Groups hope to create executive departments in order to receive

position of secretary who is automatically in cabinet- leads to access

Role of secretary has decreased, while over all cabinet influence as increased

The first lady Serve as informal advisor and public figure Ex: Abigail Adams (feminist) influenced John to “remember the

ladies” Edith Wilson known as most powerful first lady and “acting first

man” helped her husband Woodrow Wilson after he was left paralyzed.

Eleanor Roosevelt wrote newspaper column and traveled to lecture.  Served as US nations delegate after husbands death

Michelle Obama stresses healthy eating and travels to schools

EOP ( executive office of president) Established by FDR to oversee New Deal and to direct diverse

activities of executive branch Have become prime policy makers as hey are experts in their

field NCS-National Security council.  American military affairs and

foreign policy President appoints members of each body, but they much follow

congressional legislation

White House Staff Senior aids and personal assistants.  No formal power, but based

from personal relationship and access. Key aids include chief of staff, domestic, foreign, and economic

strategists, communication staff, the white house counsel, a lobbyists who serves as communicator between pres and congress

Roots of Presidency When the colonists declared independence in 1776 their distrust

of a strong chief executive remained. Framers feared a perpetually re-elected tyrant, as they viewed

Britain’s Monarch. Some delegates suggested there should be multiple executives

however the Framers eventually agreed that there should be executive authority held by one person.

Pardon- executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime.  Check on judicial power by President. Impeachment can not be pardoned.  Can be applied to a specific person or large group.  Most famous example: Ford pardoned Nixon.

New Deal: Program of “relief, recovery, reform” begun by Roosevelt in 1933 to bring US out of Great Depression

EOP- Executive office of the President- mini-bureaucracy created in 1939 to help the President oversee executive branch bureaucracy

OMB-Office of management and budget.  Office that prepares the Presidents annual budget proposal, reviews the budget and programs of executive departments, supplies economic forecast, and conducts detailed analysis on proposed bills and agency rules

George Washington’s steps to establishing gov: Took every opportunity to establish supremacy of executive

branch Held regular meetings with his advisors-resulted in today’s

cabinet Established role of chief executive in conduct of foreign affairs.

Limited senate to only Approve treaties: Claimed presidential power to claim neutrality

After the first three presidents, congress gained strength and was known as most powerful.  Jackson was first national strong leader who represented more than the elite.  He began Jacksonian era: concept that embodies western, frontier, egalitarian spirit (everything Jackson personifies).  Presented as down-to earth.  Used vetos and rewarded party members with presidential appointments.  Lincoln led similarly. Justified his acts by saying that his circumstances allowed him more power.

Modern Day Presidency Instantaneous communication has changed publics views Used to be that congress had time to deliberate, but now the

public expects the president to         be the figure head in challenging times

Since 1930’s presidential decisions > congress.  Resulted from FDR

Franklins circumstances (great depression) gave him broad presidential powers which he used to his fullest abilities

Implemented New Deal Changed the way Presidents communicate by speaking casually

in radio addresses and fireside chats

Bureaucracy

THE BUREAUCRACY

Federal bureaucracy: the federal government agencies that implement and administer federal laws and programsWeber’s characterization of bureaucracy:

1. chain of command where authority starts at top and flows to the bottom

2. division of labor whereby work is apportioned among specialized workers so that productivity is increased

3. lines of authority between workers and superiors4. goal orientation that determines the structure, authority and

rules5. impersonality where all employees are treated fairly based on

merit, and clients are all served equally6. productivity is evaluated according to the rules established

Power of bureaucracies: Political authority over the bureaucracy is shared among several institutions, and the federal agencies share their functions with agencies of state and local government. Constitution makes little mention of the bureaucracy, however, it gives the president power to appoint various officials. The power of the bureaucracy is a function not of size but of the degree to which appointed officials have discretionary authority. The vast expansion in the number of regulations issued and the increase in expenditures are testaments to the bureaucracy becoming very powerful.Constraints on bureaucracy:

Government agencies can’t lawfully retain and devote to the private benefit of their members the earnings of the organizations (no profit maximization incentive)

Government agencies can’t allocate the factors of production in accordance with the preferences of the organization’s administrators (cannot move people to where most needed)

Government agencies must serve goals that are not of the organization’s own choosing.

Cabinet: Board composed of the most senior appointed officers of the executive branch of the federal U.S. government. Its existence dates back to George Washington who had four members (State, Treasury, War, Attorney General).

State- Head of the United States Department of State and is concerned with foreign affairs (Hillary Clinton)

Defense- Head of United States Department of Defense and is concerned with military and war/ conflict affairs (Leon Panetta)

Treasure- Head of United Stat es Department of Treasury and is concerned with financial and

monetary matters, and until 2003 some defense and security issues (Timothy Geithner)

DHS- Head of United States Department of Homeland Security and is concerned with protecting American homeland and the safety of the American citizens (Janet Napolitano)

HHS- Head of United States Department of Health and Human Services and is concerned with health matters (Kathleen Sebelius)

HUD- Head of United States Department of Housing and Urban Development and is concerned with house-ownership, community development, and increased access to affordable housing free from discrimination (Shaun Donovan)

Labor- Head of United States Department of Labor and is concerned with who exercises control over laborers and they enforce and suggest laws involving unions, the workplace, and other issues involving business-person controversies (Hilda Solis)

Commerce- Head of United States Department of Commerce and is concerned with business and industry and strives to foster, promote, and develop foreign and domestic commerce (John Bryson)

Independent Regulatory Commission: created by congress outside a major executive department

Interstate Commerce Commission: overlooks trade between states: railroad rates, goods, fair trading practices (no discrimination) etc

Federal Trade Commission: protects the consumer in the business world, works to prevent unfair competition--monopolies

Securities and Exchange Commission: regulates stocks and the trading of stocks

Federal Communications Commission: manages public airwaves: radio, television, phone etc.

Federal Election Commission: regulates campaign finance US Consumer Product Safety Commission: products

consumers from faulty (recalled) products that may cause harm

Other Regulatory Agencies: Occupational Safety and Health Administration: enacts

safety and health standards and enforces them Environmental Protection Agency: protection of the

environment and humans combined Food and Drug Administration: protects public health

through regulation of medications, vaccines, and general food safety

Regulatory policies: Mandates that limit the discretion of individuals and agencies and compel certain types of behavior.Iron triangles: interactions that occur among agencies, interest

groups and congressional committees/subcommittees (relationship b/n Department of Veteran Affairs, the House Committee on Veteran Affairs, and the American Legion)Issue networks: loose and informal relationships that exist among a large number of actors who work in broad policy areas (include all those involved in iron triangles, plus: lawyers, consultants, academics, public relations specialists and the courts)Government Corporations:

USPS- United States Postal Service: Federally owned corporation that is responsible for providing postal service in the U.S. One of the few government agencies authorized by constitution.

TVA- Tennessee Valley Authority: Federally owned corporation created by congressional charter in May 1933 to provide navigation, flood control, and economic development to Tennessee Valley.

FDIC- Federal Deposit Insurance Corporation: Federal government corporation created by the Glass-Steagall Act of 1933 and provides deposit insurance which guarantees safety of deposits in member banks.

Independent Agencies: FRB- Federal Reserve System: central banking system of U.S.

Created in December of 1913 with the enactment of Federal Reserve Act in response to a series of financial panics.

NASA- National Aeronautics and Space Administration: U.S. government agency that is responsible for civilian space program and for aeronautics and aerospace research. Established by National Aeronautics and Space Act in July of 1958.

NSF- National Science Foundation: U.S. government agency that supports fundamental research and education in all the non-medical fields of science and engineering. Medical counterpart is NIH (National Institute of Health).

Attempts to reform: Devolution- transferring of national government resources and

authority for the administration of programs away from national-level bureaucracies to the states.

Reorganization- by reorganizing there is an attempt to save money and funds, however, despite the efforts this rarely happens. But reorganizing the bureaucracy is a catalyst of bureaucratic chance and invigoration.

Deregulation and Privatization- the attempt to privatize parts of the bureaucracy to interject the profit motive and easing many of the complex rules that guide bureaucratic behavior. However, this can jeopardize accountability and possible control of

bureaucracy. spoils system v merit system: spoils based on loyalty to the party, and merit is based on strict qualifications

Civil Service reform (merit system): The Pendleton Act was a reform measure that established the principle of federal employment on the basis of open, competitive exams and created the Civil Service CommissionAdministrative discretion: Ability of bureaucrats to make choices concerning the best way to implement congressional or executive intentions.Red tape: Excessive regulation of rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making.Quasi Legislative and Judicial Authority: Agencies have the power to create rules and regulations that must be passed through Congress. The Supreme Court has the power to overrule this with the agencies own ability to challenge the ruling.  Finally, if an agency decides to change any of the rules or regulations that have previously been approved, they must notify the court and hold a hearing in defense of the new rule/regulation.

Judiciary Judicial review: the power of the courts to review acts of other

branches of government and the states. Marbury v Madison: First asserted the power of judicial review

when the SC found that a congressional statute extending the Court’s original jurisdiction was unconstitutional.

US v. Nixon: In a case involving President Richard M Nixon’s refusal to turn over tape recordings of his conversations, the Court ruled that executive privilege does not grant the president an absolute right to secure all presidential documents.

Dual court system/3 levels:  In the US there is a dual court system: federal/state.  This system is basically the order in which cases travel from court level to court level on their way to the S.C.  the three levels of the federal court system are, from smallest to largest: U.S. District Court, US Courts of Appeals, and the US Supreme Court.  State: state trial courts, state intermediate appellate courts, and highest state courts, then SC.

Judicial Activism: Posits judges should use their power broadly to further jusice.

Judicial Restraint: Posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.

Amicus Curiae: a “friend of the court,” or amici, may file briefs or even appear to argue their interests orally before the court.

Strict Constructionist: An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the Framers.

Writs of certiorari: A request for the Supreme Court to order up the records from a lower case to review the case.

why S.C. takes a case/grants cert. and stare decisis: The Supreme Court takes all cases where: the federal government is the party asking for review, the case involves conflict among the courts of appeals, the case presents a viil rights or civil liberties question, the case involves the ideological or policy preferences of the justices, or the case has significant social or political interest, as evidenced by the presence of interest group amicus curiae briefs. It grants certiorari and stare decisis to get background information on the case to become more informed, and also to refer to what previous rulings have been.

Liberal: An approach to constitutional interpretation that emphasizes interpreting the Constitution with regard to the social constructs that form as time goes by.

precedent: a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

Stare decisis: In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases. The courts do this so not to disturb matters that have already been solved.

Rule of four: At least four justices of the Supreme Court must vote to consider a case before it can be heard.

Differences in Civil vs Criminal Law: Civil Law is codes of behavior related to the conduct and relationships between individuals or groups while Criminal Law is Codes of behavior related to the protection of property and individual safety.

Original and Appellate jurisdiction: Original jurisdiction hear the case first, usually in a trial and determine the facts. Appellate jurisdiction reviews or revises the decisions made in original jurisdiction cases in the lower courts.

Senate confirmation: The Senate judiciary committee holds hearings to approve or disapprove of a justice that is appointed. Clarence Thomas and Robert Bork had a hard time getting through this. Clarence Thomas had outside trouble with a woman and sexual harassment, that almost cost him a seat. The term “borked” was created because the Senate did not approve of Robert Bork. writs of cert

Common law: laws that are created through court decisions, rather than through congress or the legislative branch in general.

Warren Court: 1953-1969 Earl Warren served as the supreme court justice. They expanded civil rights, civil liberties, presidential and judicial power. Famous for ending racial segregation during the civil rights movement.   

Presidential litmus test: Often used when appointed judges. It is a question asked to determine what political ideology a person may have if they are elected into office. This however is not one hundred percent accurate, Earl Warren was supposed to conservative but made liberal decisions.

Briefs and Oral arguments: spoken to a judge by a lawyer who wants their case to be heard. Both parties get the same amount of time to speak their case without being interrupted.

Marshall Court: John Marshall was the first supreme court justice for the U.S. He strengthened the judicial branch by establishing judicial review through the case of Marbury v Madison. Also, McCulloch v Maryland was a huge case involving implied powers.

Rehnquist Court: 1986-2005. Famous for important first amendment cases involving religion and speech. Nixon v US was another famous case that William Rehnquist heard.

Civil rights/Liberties

Free speech: Freedom of speech is the freedom to speak without censorship or limitation.Bill of Rights: The first ten amendments to the US Constitution, focus on protection of rights for citizens of the United States. 1st very important: lists many freedoms.Clear and present danger: a standard for judging when freedom of speech can be abridged; "no one has a right to shout `fire' in a crowded theater when there is no fire because such an action would pose a clear and present danger to public safety"Imminent lawless action: Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The rule overturned the decision of the earlier Schenck case.Establishment clause: The Establishment Clause of the First Amendment refers to the first of several pronouncements in the First Amendment to the United States Constitution, stating that "Congress shall make no law respecting an establishment of religion"Free exercise clause: The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals.habeas corpus: A writ requiring a person under arrest to be brought before a judge or into court.Incorporation doctrine: The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states.Equality of opportunity: a right supposedly guaranteed by both federal and many state laws against any discrimination in employment,

education, housing or credit rights due to a person's race, color, sex (or sometimes sexual orientation), religion, national origin, age or handicap.Equality of result: the goal, central to some political ideologies, of reducing or eliminating incidental inequalities in material condition between individuals or households in a societyLibel: A published false statement that is damaging to a person's reputationSlander: The action or crime of making a false spoken statement damaging to a person's reputationGregg vs Georgia: Overturned Furman Vs. Georgia and stated that the death penalty of Georgia was considered constitutionalFurman Vs Georgia: 1972 case in which the court claimed the death penalty was unconstitutional.Gideon Vs. Wainwright: 1963 case where court granted the right to counsel in felony cases.Miranda Vs. Arizona: 1966 case for Miranda rights. Arrested individuals must be reminded of their fifth amendment rights. Prevent forced testimony against oneself.Brown Vs. Board of Education: 1954 case where courts declared segregation in schools violated fourteenth amendment. End of legal segregation. Example of Judicial activism.Plessy Vs. Ferguson: 1896 case found that ‘separate but equal’ accommodation did not violate the fourteenth amendment’s equal protection clause.Dredd Scott Vs. Sanford: 1857 case that enhanced state powers while weakening federal power. Supreme court found congress’s attempt to ban slavery in the territories unconstitutional.Mapp Vs. Ohio: 1961 case found evidence obtained through illegal methods would not be considered. Protect fourth amendment right to privacy.Griswold Vs. Connecticut: 1965 case that established the fourth amendment right to privacy.Roe Vs. Wade: 1973 case on abortion. Court found that fourth amendment right to privacy protected a woman’s right to abortion.Engle Vs. Vitale:Lemon Vs Kurtzman:Schneck Vs. US: 1919 case established ‘clear and present danger.’ 1st amendment rights can be limited if they may cause harm.Gitlow Vs. New York: 1925 case that protected first amendment freedom of speech. Political expression could not be fully limited by the states.Tinker Vs. Des Moines: 1969 case that protected the first amendment right to freedom of expression. Students were allowed to wear black armbands that displayed protest of Vietnam war.Texas Vs. Johnson: 1989 case that protected the first amendment

right to freedom of expression. Overturned conviction of man who set the US flag on fire.Flag burning is protected under first amendment.NY Times Vs. Sullivan: 1964 case that protected first amendment. Falsehoods in and of themselves are not considered libel, as actual malice must be present.5.1: Framers originally opposed the Bill of Rights, but Anti-feds pushed for it.-First session introduced first 10 amendments- 14th amendment later introduced in order to apply amendments to states -selective incorporation.5.2: 1st amendment established freedom of religion.-Establishment clause barred a national religion but also does not create ‘absolute wall between church and state.-Religious aid, particularly those aimed at children are often found permissible.-mandatory prayer in public schools considered unconstitutional.5.3: First amendment's guarantees and limits.-Fighting words, libel, obscenity, and pornography are not protected-Clear and Present Danger limits first amendment right to free speech.-Freedom of speech and press=Freedom of peaceable assembly and petition.5.4: Changes in second amendment interpretations-DC vs Heller(2008) and Mcdonald Vs Chicago(2010) ruled that second amendment protects the citizen’s right to own a firearm.5.5: Rights of Criminal defendants- 4th: Right to privacy and protection against illegal searches and seizures-5th: Arrested individual does not have to give self incriminating information. Miranda rights- ‘you have the right to remain silent, etc etc etc.’ Fifth amendment also protects against double-jeopardy.-6th: Individual has the right to counsel. Speedy and impartial trial.-8th: No cruel and unusual punishment. Not applicable to capital punishment.5.6: Origin and Significance to right of privacy- Formed by implied liberties within other rights.-Courts found unconstitutional statutes that limit birth control, abortion and outlaw homosexual acts.