Exam One

Question 1

What is government?

Answer 1

The institutions that make public policy decisions for a society. Our institutions are known as Congress, the president, the courts, and federal administrative agencies.

Question 2

What is/are politics, and how does that concept relate to that of government?

Answer 2

determines whom we select as our governmental leaders and what policies these leaders pursue. “Who gets what, when, and how”. Who refers to voters, candidates, groups, and parties. What refers to the substance of politics and government–benefits, such as medical care for elderly, and burdens. How refers to the ways in which people participate in politics. Individuals get involved in politics b/c they understand that public policy choices made by governments affect them in significant ways. Politics are tied to policymaking.

Question 3

How is democracy defined overall? What is included?

Answer 3

is a system of selecting policymakers and of organizing government so that policy reflects citizens’ preferences. Key principles include: Equality in voting, effective participation, enlightened understanding, citizen control of the agenda, and inclusion. They must practice majority rule and the majority can’t infringe on minority rights. The relationship between the few leaders and many citizens is one representation

Question 4

Know the different theories of democracy (Who has power and influence), including which one best fits the US.
1. Pluralism

Answer 4

states that groups with shared interests influence public policy by pressing their concerns through organized efforts. Organized groups can compete with one another for control over policy and no one dominates. However problems with democracy stems from a decline in group-based participation.

Question 5

Know the different theories of democracy (Who has power and influence), including which one best fits the US.
2. Elitism

Answer 5

contends that our society, like all societies, is divided along class lines and that an upper-class elite pulls the strings of government. Wealth is the basis of power. Theorists believe that the 1% controls policy decisions.

Question 6

Know the different theories of democracy (Who has power and influence), including which one best fits the US.
3. Hyperpluralism

Answer 6

offers a different critique of pluralism. Many competing groups are so strong that government is crippled in ability to make policy. Render government unable to act. Our fragmented political system made up of governments with overlapping jurisdictions is one major factor that contributes to it. Too many governments can make it hard to coordinate policy implementation.

Question 7

Challenges to democracy

Answer 7

1. Increased Complexity of Issues. As human knowledge has expanded, it has become increasingly difficult for individual citizens to make well-informed decisions. 2. Limited Participation in Government. Americans don’t take full advantage of their opportunities to shape governments or select its leaders. Young people’s low voter turnout rates point to a challenge to democracy. 3. Escalating Campaign Costs. Congressional candidates have become increasing dependent on PACs to fund campaigns. They represent specific economic interests and they care little about how members of Congress vote on most issues just issues that affect them.4. Diverse Political Interests. When interests conflict no coalition may be strong enough to form a majority and establish policy. A policy gridlock may occur when each policy coalition finds its way blocked by others

Question 8

Challenges to democracy

Answer 8

major challenge is to overcome the diversity of interests and fragmentation of power in order to deliver polices that are responsive to citizens’ needs

Question 9

What is the current scope of gov’t? Is this good or bad?

Answer 9

The scope of government is widening as the government becomes more active with federal programs like affordable health care. It can be a good thing because it can assure that the disadvantages are given opportunities. Some argue that it can make them dependent on government programs.

Question 10

Reasons for revolution

Answer 10

British Parliament passed a series of taxes on official documents, publications like newspapers, and imported paper glass, paint, and tea. Britain also began tightening enforcement of its trade regulations, which were designed to benefit the mother country, not the colonists.

Question 11

Reasons why the Articles of Confederation failed

Answer 11

Congress had few powers outside maintaining an army and navy and little money to do even that. It had to request money from the states because it had no power to tax. Most governing power rested in the states. The national government couldn’t compel the states to do anything, and it had no power to deal directly with individual citizens.

Question 12

What were the critical issues of concern at the Constitutional Convention?

Answer 12

Equality issues: whether the states were to be equally represented (New Jersey Plan, equally & Virginia Plan, population) the solution was the Connecticut Compromise, what to do about slavery (3/5 Compromise), and whether to ensure equality in voting (let states decide). Economy issues: gave Congress more power like levy taxes, pay debts, borrow money, The Individual Rights Issues: widespread criticism of the absence of specific protections of individual rights, such as free expression and various rights of the accused

Question 13

What is the “Madisonian system” and how does it deal with such things as tyranny of the majority and the “constitutional republic?”

Answer 13

established a system of government by distributing the powers of the federal government, creating a system of checks and balances, and limiting the control the majority faction. It makes things slow to change it is difficult for either a minority or majority to tyrannize.

Question 14

formal methods of amending the Constitution

Answer 14

Formal: can be proposed by 2/3 of both houses of Congress or National convention can propose an amendment requested by 2/3 of the states. State conventions can ratify an amendment by a vote of 3/4 of the states or state legislature can ratify and amendment by a vote of 3/4 of the statesd

Question 15

Informal methods of amending Constitution

Answer 15

judicial interpretation, through political practice, and as a result of changes in technology and changes in the demands on policymakers

Question 16

definition of federalism

Answer 16

is a way of organizing a nation so that two or more levels of government share formal authority over the same area and people

Question 17

What is the constitutional basis for federalism?

Answer 17

Federalism wasn’t listed in the Constitution. In the 18th century loyalty to state governments was strong. It would have been difficult for the central government alone to govern the people.

Question 18

national-state division and sharing power over time

Answer 18

States are responsible for both state and national election and they have the power to ratify constitutional amendments. States cannot permit slavery, raise or maintain military forces, or enter into treaties. The states and national government have overlapping responsibilities for important matters, such as establishing courts, maintaining law and order, protecting citizens’ health and safety, and regulating financial institutions. Both levels can raise revenues through taxes, borrow money, and spend for the general welfare of their citizens.

Question 19

national supremacy vs. states’ rights; include idea of implied powers here

Answer 19

Supreme law of the land: the constitution, laws of the national government (consistent with the Constitution), and treaties (which can be made only by the national government. All state executives, legislators, and judges are bound to support the Constitution.

Question 20

implied powers

Answer 20

powers of the federal government that go beyond those enumerated in the Constitution. “necessary and proper” clause of the constitution is the elastic clause. What constitutes as necessary and proper gives the national government more power. Supremacy Clause, implied powers, and commerce power all favor national power over states’ rights. Expand power of the national government relative to the states.

Question 21

obligations of states to one another

Answer 21

Full Faith and credit requires each state to recognize the public acts, records, and judicial proceedings of all other states. Extradition is a legal process where a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed. Privileges and Immunities is the requirement that citizens receive all the privileges and immunities of any state in which they happen to be.

Question 22

dual and cooperative federalism over time

Answer 22

Dual and cooperative federalism are two different ways of dividing power and responsibility. Dual federalism is where the national government and the states remain supreme within their own spheres. The layers of government are distinct. For example the national government has exclusive control over foreign and military policy, the postal system, and monetary policy. States have exclusive control over schools, law enforcement, and road building. In cooperative federalism, the national government and the states share powers and policy assignments. Responsibilities of the two levels of government aren’t clear. At first the federal system leaned toward dual federalism. Today however, we are more cooperative. An example would be the the education regulations like the No Child Left Behind Act, where schools could lose funding if they fail to meet standards. Another example is the interstate highway system, a joint federal-state project. Many angry groups take cases to Congress or the federal courts in an attempt to use the power of the national government to influence states or to convince federal courts to find a state’s policy unconstitutional

Question 23

What is devolution and what are the trends over time?

Answer 23

Devolution is the shift of responsibility for policies from the federal government to state and local governments. Democrats in the twentieth century supported increasing power of the federal government, but Republicans generally opposed policies and wanted states to take care of issues like child labor laws, and health care. But many opposed Republican Reagan when he tried to reduce the role of federal government. During 1994, when the Republicans captured Congress they repealed federal speed limits, allowed more states to deal with welfare policy. Soon they turned to the federal government to restrict state power because it was the most effective to achieve a wide range of policy objectives like loosening economic and environmental regulations, controlling immigration, and setting health insurance standards. President Bush passed the No Child Left Behind Act, which expanded the federal role.

Question 24

Fiscal Federalism (generally)

Answer 24

Shared program costs are a key element of cooperative federalism. Fiscal federalism, in which grants-in-aid, federal funds appropriated by Congress for distribution to state and local governments, serve as instruments through which the national government both aids and influences states and localities. The federal system of grants-in-aid sends revenues derived from federal taxes to state and local governments. This spending transfers the burden of paying for services from those who pay state and local taxes. The amount of money spent on federal grants has grown rapidly since the 1960s and especially since the 1990s.

Question 25

know about issues of grants and madates

Answer 25

The grant system is a major way that the national government exercises influence over states. The money given out in federal grant (some of which is originally collected from the states themselves) very often comes with “strings” attached, where states wanting these monies must demonstrate compliance with federal requirements. Most federal regulation is accomplished by attaching conditions to grants states receive such as a nondiscrimination provision. The government may also employ crossover sanction to use federal dollars in one program to influence state and local policy in another. For example, funds for highway construction are withheld unless states raise drinking age or establish highway beautification programs. Requirements that direct states or local governments to receiving of a federal grant are a type of mandate. Example is medicaid, the national government pays the majority of the bill and the states pay the rest. Congress has moved to extend coverage to children, pregnant women, and elderly poor under certain income levels. The new requirements have meant huge new demands on state budgets. Some mandates require the states to handle issues unfunded like prison construction.

Question 26

relationship between Bill of Rights and the states, including how the 14th amendment fits into this discussion

Answer 26

The Bill of Rights ensures Americans’ basic liberties. The Bill of Rights originally applied only to the federal government and not the states. But with the 14th amendment the Court ruled that states could not abridge the freedoms of expression protected by the first amendment. Now the Bill of Rights guarantees individual freedoms against infringement by state and local governments as well as national government. Only the 3rd and seventh Amendments, the grand jury requirement of the Fifth Amendment, and the prohibition against excessive fines and bail in the Eighth Amendment haven’t been applied specifically to the states.

Question 27

reach and limitations of freedom of religion, including establishment and free exercise clauses

Answer 27

There are two types of religious rights protected by the First Amendment: establishment clause- “Congress shall make no law respecting an establishment of religion”. The free exercise clause- prohibits the abridgment of citizens’ freedom to worship or not worship as they please. With education religious schools can’t use government funding to pay for salaries, or provide transportation for students on field trips. Students may pray in public schools but the Constitution permits forbids encouragement of prayer, directly or indirectly, by public school authorities. Education, religious activities, school prayer, evolution, and public displays all show examples of establishment clause. For the Free Exercise Clause the government is consistent about maintaining that people have an inviolable right to believe whatever they want, but it’s about the right to practice a belief. Not all religious practices receive constitutional protection. There are laws forbidding polygamy and prohibiting business activities on Sunday. A law or regulation cannot interfere with religious practices unless the government can show that it is narrowly tailored and in pursuit of a “compelling interest.”

Question 28

Reach and limitation of speech, including types of expression and commercial vs. political speech

Answer 28

Not all speech is permissible. The government, due to prior restraint, cannot prevent material from being printed. However, they can limit speech if it is seen as dangerous like during WWI when Schenck v. US (Schenck tried to urge young men to resist the draft). Obscenity is not protected by speech or press. Libel(slander) is also not protected. Someone personally injured by defamatory political speech retains the right to sue the speaker for the resulting damage to his reputation. In contrast, false or misleading commercial speech has no First Amendment protection, and can be banned by federal, state, or local law.

Question 29

reach and limitations of freedom of press and assembly

Answer 29

Freedom to assemble is the right to gather together and make a statement. This can conflict with other values when it disrupts public order, traffic flow, peace and quiet, or bystanders’ freedom to go about their business. There are limitations, like a group must get a permit. Balance between freedom and order. For example Pro-life advocates protests outside abortion clinics and sometimes harass clients into staying away. However, a woman has a right to an abortion, so the courts have acted to restrain demonstrators setting limits on how close they can get. There is also the right to associate w/ people who share a common interest, including an interest in political change. NAACP v. Alabama is where Alabama tried to harass the state chapter of the NAACP to turn in its membership list. The Court found this unconstitutional

Question 30

Reach and limitations of the right to bear arms

Answer 30

In attempt to control gun violence, many communities have put restrictions on owning and carrying handguns. National, state, and local laws have also mandated background checks for gun buyers and limited the sale of certain types of weapon altogether. In 2008 the Court held in District of Columbia v. Heller that the Second Amendment protects an individual right to posses a firearm and that it may be used for self-defense. The right to bear arms isn’t unlimited, there are prohibitions on concealed weapons, and limits on the possession of firearms by felons and the mentally ill.

Question 31

reach and limitations of defendants’ rights/ rights of the accused

Answer 31

What is and isn’t allowed depends on the context, and that such things as reasonable expectation of privacy, the exclusionary rule play into such decisions. Before making an arrest, police need probable cause. To prevent abuse of power there is unreasonable search and seizure, but it can occur with a search warrant. The Court has upheld a wide range of warrantless searches like aerial searches or roadside checkpoints to randomly examine drivers for signs of intoxication. The exclusionary rule prevents prosecutors from introducing illegally seized evidence in court (Mapp v Ohio), however there is the good faith exception that means if officers thought that a search was granted the evidence may still be admissible in court. 5th amendment forbids forced self-incrimination. Miranda v. Arizona. Sixth Amendment- right to counsel. The 8th amendment forbids cruel and unusual punishment

Question 32

right to privacy, including its place in the Constitution and issue areas included in privacy topic

Answer 32

Nowhere in the Bill of Rights does it specifically say that Americans have the right to privacy. However freedom of religion implies the right to exercise private beliefs. The 3rd Amendment prohibits the government from forcing citizens to quarter solders in their homes during times of peace. “Unreasonable searches and seizures” make persons secure in their homes.

Question 33

meaning of “equality”, historically and now

Answer 33

Jefferson’s statement in the Declaration of Independence was “all men are created equal” but he didn’t actually mean everyone, just white men who owned property. American society doesn’t emphasize equal results or equal rewards. Instead, a belief in equal rights has led to a belief in equality of opportunity

Question 34

What are the major areas of debate concerning equality/inequality?

Answer 34

Race and ethnicity, gender, and other (wealth, age)

Question 35

What are the ways in which equality can be conceived, and where is equality addressed in the Constitution?

Answer 35

Equality can be conceived by freedom of expression. It allows those who are discriminated against work toward achieving equality. Equality is addressed in the 14th Amendment, forbids states from denying to anyone “equal protection of the laws”. Some people are eligible to vote while other aren’t; some people are eligible to attend a state university while others are denied admission, such classifications cannot violate the equal protection of the law

Question 36

major issues/concerns in racial civil rights movement

Answer 36

Jim Crow Laws, Plessy v. Ferguson, Equal Education, Brown v Board of Education, voting rights,

Question 37

differences between desegregation by law and desegregation in practice

Answer 37

A year after Brown, the Court ordered lower courts to proceed with “all deliberate speed” to desegregate public schools. The South decided that “deliberate speed” meant slowly. White enrollment in private schools increased. Some judges ordered busing of students to achieve racially balanced schools (not required). District lines were drawn to promote segregation. Troops had to be sent to desegregate Little Rock, Arkansas. 15 years later the Supreme Court decided “Delays in desegregating school systems are no longer tolerable”