0009 Tensions within our Constitutional Democracy (SMR 4.9) Flashcards
In America, we have a _____ government, meaning that we have a government that separates church and state. What is an example of early disagreements over this?
A Secular Government; Even within American history, there is a disagreement about the separation between church and state. For example, in early colonial times, the Massachusetts Bay Colony required membership to the puritan church to be a part of the govt
What does the First Amendment claim about the freedom of religion?
“Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof.”
- Establishment clause: government may not establish an official religion
- Free exercise clause: government may not prevent individuals from practicing their religion
What parts of the constitution cover the freedom of religion?
The First Amendment and Article VI which bans the requirement of a religious test for holding office
Why did the founding fathers believe in a separation of church and state?
Jefferson, Madison, and others supported a separation of church from Civil govt “to protect the purity of both”. If religion got involved in politics it would be construed that the religion controls the govt – many original colonists came to the US for freedom of religion
What did Patrick Henry argue for?
the need of government support for the establishment of places of worship
What key cases challenged reinterpretations of the first amendment regarding prayer in public schools?
Engel vs. Vitale (1962)
Lee vs. Weisman (1992)
Santa Fe vs. Doe (2000)
What was the Engel vs. Vitale (1962) case?
No school led daily prayer in public schools
What was the Lee vs. Weisman case (1992) case?
Extended Engel vs. Vitale to include no religious exercises at graduation ceremonies
What was the Santa Fe vs. Doe (2000) case?
Extended again to include no school-led prayers at extracurricular events
If a student initiates a prayer or exercise in school, is it allowed?
Yes, it is allowed but a school can not enforce or lead it
When was the phrase “under God” added to the pledge of allegiance and why?
1954: The phrase “Under God” was added to the pledge of allegiance, the reason this was added was because of the “Red Scare” and Mccarthyism taking place during the Cold War and the idea that communists weren’t religious and therefore would not say “under god”
Which groups have opposed the pledge of allegiance since the 40’s?
Jehovah’s Witnesses as well as groups that don’t believe in God
What supreme court case regarding the pledge resulted in the Supreme Court backing the legitimacy of the pledge?
Elk Grove Unified School District vs. Newdow (2002)
What is one of the major concerns when it comes to protecting the rights of the minorities in a Majority system?
A Dictatorship of the Majority, “Tyranny of the majority” when the majority rule ignores the wishes of the minorities
What are the various methods of determining the “majority”
Plurality (“first past the post”) aka gaining the practical majority, gaining more votes than everyone else (doesn’t have to be 50%)
or the fair majority where someone receives over 50% of the vote
What did Madison argue in the Federalist Papers (Federalist 10)
argued that local governments could not protect minorities from abuse by local majorities like the federal govt could
Who showed a historical opposition to majority rule?
Calhoun from SC in the 1830’s who argued for the concept of a concurrent majority requiring that state legislatures needed to support in their own vote the federal law in order for it to be followed within the state. The states should be able to nullify the federal laws if they did not find it to be constitutional.
Seen in his arguments for nullification during Andrew Jackson’s presidency with the “tariffs of abomination”
What amendments helped strengthen minority rights over the years? (4)
15th amendment to give voting rights regardless of race
19th amendment: suffrage for women
24th amendment: elimination of the poll tax
26th Amendment: allows those over 18 to vote
What other acts offered limited time solutions for strengthening minority rights?
Civil Rights Act 1964
Limited time solutions: quotas and protections (i.e. Affirmative Action & Title 9)
When is plurality used to find the majority in the US govt?
We use plurality in some of our elections like Primary elections. In primary elections, there are more than two candidates but the point is to get the top two so then the actual incumbent will win with a fair majority. We use plurality to get to the majority
We don’t use plurality in the electoral college
What are the different powers that we use when talking about state and federal govt?
Implied / Suggested
Concurrent / Shared
Delegated / Expressed
Reserved
What are implied/suggested powers?
Powers that are not explicitly authorized by the constitution but things the federal govt can still do
(i.e. McCulloch vs. Maryland)
What are concurrent/shared powers?
Powers shared by both federal govt and state govt (i.e you pay federal and state taxes)
What are delegated/expressed (enumerated powers)
Things the constitution says the federal govt can do (i.e. have a navy)
What are reserved / leftover powers?
The leftover powers are things that the federal gov doesn’t really care about (anything the federal govt doesn’t touch) – this is the powers that can become controversial like it did with slavery (i.e. right now with the marijuana debate, states have different laws than govt)
What is the Elastic Clause?
Says that Congress can make laws about whatever they want
What is the difference between a literal and a living understanding of the constitution?
Living Constitution: The Constitution has implied meanings and should be updated to stay current to the times, more of a liberal approach
Literal Constitution: If it doesn’t talk about it in the constitution, it doesn’t exist, more of a conservative approach
What is jurisprudence?
how the law functions and a study of the law
What is exclusionary rule?
A procedural role in the Supreme Court
