
Declaration of Independence – 1776
Unalienable/natural rights
 Government is limited by the consent of the governed
 Colonists were separating from Great Britain
 Jefferson and others borrowed ideas from Locke’s 2nd
Treatise of Civil Government


Articles of Confederation
Weak national government with one-house Congress
where states had most power
 Problems: no unity among states, no power to tax,
differing currencies, no chief executive or national
court system, lack of foreign policy and security

 Constitution

The Great Compromise or Connecticut
Compromise



– Philadelphia 1789
Congress would be bicameral – Senate has equal
representation for smaller states (NJ Plan) and House
has proportional representation for larger states (VA
Plan)
3/5th Compromise – every five slaves would count
as three for representation and tax purposes
Federalists (rich elite) supported the new
Constitution in the Federalist Papers but AntiFederalists (farmers and middle class) wanted a
bill of rights to protect individuals – these were
the 1st political parties

Article I – Legislative Powers – enumerated powers - taxes,
regulate interstate commerce, make laws, coin money,
declare war
Elastic or “necessary and proper” clause – allows
Congressional power to be interpreted broadly – creates
implied powers
 DENIED Powers

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


Denying habeas corpus – detaining without trial
Bill of attainder – proscribes penalties w/out due process
Ex post facto – laws that declare something illegal after the fact
Article II – Executive Powers – commander-in-chief, makes
treaties, appoints officials, signs or vetoes legislation,
State of the Union, can call special sessions of Congress
(these are called formal or delegated powers)

Electoral College – 12th Amendment (1804) required separate
votes for President and VP to prevent outcomes like in 1796
and 1800





Article III – Judicial Powers – very vague – Only one
Supreme Court – no specific qualifications – judges
not held responsible to voters – power comes from
judicial review which was established by precedent in
Marbury v. Madison 1803
Article IV – States’ rights – “full faith and credit”
clause says that states must respect other states’
laws and judgments
Article V – Amendment process – proposal by 2/3 of
Congress and ratification by ¾ of state legislatures
Article VI – Supremacy Clause – Constitution always
overrides state laws
Article VII – Ratification – nine states had to sign

27 amendments
 Republicanism
– power comes from the
people in the form of elected representatives
 Federalism – power is divided between the
central (federal) and state governments


Dual federalism (layer cake) – separate and
distinct roles – focuses on 10th amendment
Cooperative federalism (marble cake) – shared
responsibilities
 Separation
of Powers – three branches have
distinct functions
 Checks and Balances – each branch has some
control over other branches
 Federalist



Papers
#10 – James Madison said factions (interest
groups) can be dangerous and must be controlled
– diversity is good and “tyranny of the majority”
must be prevented to protect minorities
#51 – Madison supports the idea of checks and
balances and federalism saying this will further
protect from tyranny
#84 – Alexander Hamilton argues the Bill of Rights
was dangerous because every single right could
never be predicted and therefore government
might have free reign on unspecified rights

Grants-in-aid - $ given to another level of government

Categorical Grants – targeted for a specific purpose (gives
federal government more power)






Formula Grants - $ distributed based on eligibility requirements
(Head Start for example)
Project Grants - $ distributed based on competitive application
process
Block Grants – to be used for general purposes such as
education (gives state government more power)
Preemption – Congress enacts a law for the federal gov’t.
to take responsibility for a state function (Food Labeling in
1990)
Mandate – federal gov’t. forces states to comply with
minimum standards – the problem is they are often
unfunded mandates that place a burden on states
“New Federalism” was a hallmark of the Nixon and Reagan
administrations
 Religion



Establishment clause – government cannot
promote religion (Lemon Test 1971)
Free-exercise clause – government cannot inhibit
religion (strict scrutiny)
Speech and Press




Prior restraint – censorship before publication
Clear and present danger – speech cannot incite
violence (Justice Holmes – Schenck v. US 1919)
NY Times v. Sullivan 1964 – libel is not protected
TX v. Johnson 1988 – flag burning is protected as
symbolic speech
 Selective
Incorporation – Court has used the
14th amendment to apply the Bill of Rights to
the states

Due process, double jeopardy, Miranda warnings,
exclusionary rule, good-faith exception
 9th
Amendment – not all rights have been
listed in the Constitution

Privacy, birth control, homosexuality, abortion
Equality of opportunity vs. equality of outcome
 Amendments 13, 14, & 15 ended slavery but the
black codes, grandfather clauses, poll taxes, Jim
Crow laws, and Plessy v. Ferguson 1896
weakened blacks’ rights
 NAACP used courts to end segregation in Brown
v. BOE 1954




De jure – imposed by government
De facto – occurs naturally
MLK Jr and civil rights activists used boycotts
and civil disobedience lead JFK and LBJ to pass
the Civil Rights Act of 1964, 24th amendment,
Equal Opportunity Act of 1964, Voting Rights Act
of 1965 and the Fair Housing Act of 1968
 1990
Americans with Disabilities Act
 Affirmative Action – reverse discrimination or
leveling the playing field? Court has been
unclear – laws must pass strict scrutiny



Compelling governmental interest
Narrowly tailored
Least restrictive means
 Bakke
– race can be used as one criteria for
admissions
 Public



Varies over time, place limits on government
action, is not always educated but can spur
official to act
Sampling should be random, of large size, and
have variety to be accurate
Distributions





Opinion
Skewed – leans to one side (death penalty)
Bimodal – split (gay marriage)
Normal – bell shaped/average (ideology)
Socialization – family, school/peers, community
Education first, then socioeconomic status are
the best indicators of opinion

Ideology
Liberals – favor economic equality & freedom of
choice of behavior
 Conservative – favor economic choice & social order


Participation



Conventional – routine and acceptable – voting,
writing letters
Unconventional – uncommon and defiant – civil
disobedience, strikes
Reasons for low voter turnout





We vote more often and for more offices
Obstacle of registration
Feeling that gov’t. is not responsive
Less identification with political parties
Obstacle of researching all options
Functions of parties – nominating candidates,
structuring the voting choice, proposing
alternative programs, coordinating actions of
officials
 Minor/3rd parties

Bolter – splits from major party – Progressives 1912
 Farmer/labor – represents working class – Populists
1892
 Ideology – propose different doctrines and principles –
Socialist
 Single –issue – promote one principle, not an ideology
– Prohibition


Majority representation ( rather than
proportional) favors the two-party system

National Organization
National convention every 4 years
National committee(RNC and DNC) – governs parties
between conventions
 Congressional party conferences – beginning of each
session to select party leaders and committee
assignments
 Congressional campaign committees – raise funds to
support candidates



Responsible Party Model




Parties present clear platforms
Voters choose candidates based on party platform
Winning party carries out its platform
Voters hold party responsible at next election for
carrying out the platform or not

4 stages of Presidential Campaign
“invisible primary” many candidates do fundraising
and campaigning
 Primary season – begins with Iowa caucus and NH
primary in early Jan, “Super Tuesday” (Feb) – frontloading
 Presumed candidacies (Mar)
 Nominating conventions (Jul/Aug)


Most countries nominate candidates, US elects
candidates

Primary – state election to choose preferred
presidential candidate


Open – can vote in either party OR Closed – can only vote
for the party you are registered as
Caucus – meeting of party members to choose
candidate
 General

election (Early Nov every other year)
Presidential every four years, in between years
are Congressional, off-year, or mid-term
 Electoral
College – each state has electors
equal to their representatives in Congress –
538 total – 270 required to win

Voters are not educated and a direct popular
election would make recounts impossible – but it
is possible for a candidate to win the electoral
college and lose the popular vote (1888 & 2000)

Campaigns



Open election– no incumbent
Incumbent advantage – name recognition, casework,
franking privilege, media, financing
Financing – 1971 Federal Election Campaign Act




Limited hard money contributions to $1000 per
individual and $5000 per PAC– critics said their 1st
amendment right to free speech was violated but the
Supreme Court upheld the law
FEC – Federal Election Commission – 6 bipartisan
members began enforcing limits and disclosing all
campaign spending in 1976
2004 Bipartisan Campaign Reform Act or McCain-Feingold
Act – indexed hard money contributions for inflation but
limited soft money contributions
527s – tax exempt groups not tied to any candidate but
focus on particular issues (MoveOn.org)
 Purposes
– representation,
participation/action, education, agendabuilding, program monitoring
 Group Theories



Pluralist – competing groups are good because
they offer options and force government to act
Hyperpluralist – competing groups are bad
because they pull government in different
direction and result in gridlock
Elitist – competing groups only represent the rich
and gives them too much power
 Resources

– membership, lobbyists, money
Free rider problem
 Lobbying
Techniques – direct contact with
officials, letter writing campaigns,
influencing press, testifying at congressional
hearings, providing research and feedback to
officials, PAC fundraising, using technology to
spread information, coalition building
 Private
Ownership=infotainment – news is
selected based on audience appeal and
sensationalism
 Federal Communications Commission created
in 1934
 Functions of Media





Reporting the news
Interpreting the news – gatekeepers
Influencing public opinion
Setting the political agenda
Socializing citizenry about politics
 “Fox
effect” – more conservative perspective

Congress
House – 25 yrs old, citizen 7 years, serves 2 year
terms – based on population so closer to constituency
 House – originates revenue bills, chooses president if
electoral college cannot, initiates impeachment
proceedings
 Senate – 30 yrs old, citizen 9 years, serves 6 year
terms – every state gets 2 but ideally more wise and
experienced
 Senate – approves presidential appointments and
treaties and tries impeachments


Descriptive representation is goal, but
gerrymandering can happen during
reapportionment every 10 years
 Legislative








Process
Introduction and assigned to committee
Subcommittee studies, holds hearings, debates
Original committee considers bill, if approved
(Rules Committee in House only)
Full House or Senate – if two different bills, they
must be reconciled in Conference Committee
Back to full House or Senate
President can sign or veto
Congress can override veto by 2/3 of each
chamber






Oversight – making sure agencies are carrying out
laws – done by investigations, hearings (Katrina &
FEMA), requests reports
Speaker of the House – leader from majority party
(Pelosi)
Senate – VP is technical leader (Biden), president pro
tempore is honorary position given to most senior
member (Byrd), real power is majority leader (Reid)
Senate can filibuster – talk a bill to death but since
1917 60 members can vote to invoke cloture – to stop
a filibuster/limit debate
Trustee – follow one’s own ideas OR Delegate –
represent constituents
Earmarks/Pork-barrel spending result of negotiations
and a cause of national deficit
35 yrs old, natural born citizen, resident for 14
years, serves 4 year terms
 Formal powers from Constitution, inherent
powers, executive orders, delegation of powers
from Congress (FDR during Depression)
 White House Office/Executive Office (NSC, OMB,
Economic Advisors, VP) – closest to President
 Cabinet – department secretaries – too large,
limited expertise, appointed for diversity or
reputation – therefore not as close to President








Character
Power to Persuade
Honeymoon period
Line of Succession – VP, House, Senate, Cabinet
Secretaries
Divided Government – one party control presidency &
other control Congress – can result in gridlock
Line-Item Veto – power to only reject parts of a bill –
President does not currently have but McCain and
Feingold are pushing for to limit earmarks
War Powers Act – 1973 – Congress overrode Nixon’s
veto to limit presidential commitment of troops
without a declaration of war








15 departments
Independent agencies (NASA)
Regulatory agencies (FDA, EPA)
Government corporations (TVA, Post Office)
Civil Service – hired based on merit rather than
patronage – Pendleton Act passed in 1883 after
President Garfield assassinated
Congress gives agencies administrative discretion –
latitude to make policy because Congress does not
have time or expertise and does not want the blame
America wants more services but smaller government
Reforms



Deregulation
Competition and outsourcing
Performance standards








Supreme Court - 9 justices appointed by President,
approved by Senate, serve life terms – power of
judicial review
Activism – loosely interpret existing laws and use
their own values (Warren 53-69)
Restraint – adhere closely to existing laws
Cases start in either US District Court or State Trial
Courts, then go to Courts of Appeals, then finally to
the Supreme Court
Criminal vs. Civil
Precedent and stare decisis (let the decision stand)
Solicitor General – lawyer that represents US
government
Amicus curiae brief – (friend of the court) information
given to the court by an interested party who is not
actually part of the trial

Decision Making








150,000 cases from state and federal courts – raise a
federal question
8,000 requests for review – writ of certiorari (asking
the court to review previous decision)
Discuss list in conference (99% denied) must pass rule
of four
85 cases make it to the docket
Attorneys submit written briefs (arguments)
Hear oral arguments
Conference – ends in vote or judgment
Opinion assigned



Unanimous – all agree for same reasons
Concurrence – agree but for different reasons
Dissent – disagree with majority decision

Economic
Laissez-faire – no government interference
Keynesian – gov’t. adjusts fiscal policy (taxing and
spending) and monetary policy to combat inflation
and depression
 Monetarism – Keynesian is too slow and ineffective –
focus on monetary policy only (controlling money
supply)
 Supply Side – government should lower taxes to
create more jobs and leave more money for people to
invest so benefit will “trickle down” to everyone –
basis of Reaganomics



Recent budget reforms (Bush’s BEA and Clinton’s
BBA) produced surpluses in 98-01 but Congress
allowed caps on discretionary spending to expire
in 2002
 US
pays less in taxes than most other
countries
 Most federal spending – Social Security,
Defense, Medicare
 Progressive tax (income tax) vs. flat tax
(sales tax)
 Welfare State developed after Great
Depression – FDR’s New Deal and LBJ’s Great
Society programs
 Entitlements cannot be denied to those who
are eligible
Monroe Doctrine 1823 – isolationism and noninterventionism
 WWII lead to containment of Communism and
Cold War – NATO, Marshall Plan, and nuclear
weapons
 Nixon focused on detente
 Carter – human rights
 Bush – War on Terrorism – preemptive action
 Today – move to global policy of cooperation



Investment, trade, human rights, poverty, foreign aid,
environment
Policy Makers

State Department, Dept. of Defense, NSC,
Intelligence Community (16 agencies)