C963 – American Politics and US Constitution
Unit 1 – American Politics Course Introduction
1. Defining Government and Understanding its purpose:
A) Government – a society organizes itself and allocates authority in order to accomplish
collective goals and provides benefits that the society as a whole needs.
1) Goals Government seeks to accomplish – economic prosperity for the nation, secure
national borders, and safety and well being of citizens.
2) Benefits provided by the government – free education, healthcare, and an infrastructure
for transportation.
B) Politics – the process of gaining and exercising control within a government for the purpose
of setting and achieving particular goals, especially those related to the division of resources
within a nation.
C) Democracy – political system in which people govern themselves. In theory, a democratic
government promotes individualism and the freedom to act as one chooses instead of being
controlled, for good or bad, by government.
D) Capitalism – is an economic and political system in which a country’s trade and industry are
controlled by private owners for profit, rather than by the state.
a. Relies more on individualism
b. Capitalists prefer political systems over which they can exert at least some influence
in order to maintain their liberty.
c. Creates great gaps in wealth, between the owners of major businesses, industries,
and financial institutions and those who work for others in exchange for wages,
exists in many capitalist nations.
d. Great wealth may give a small minority greater influence over the government than
held by the majority of the population.
E) Socialism – an alternative economic system – governments generate and accumulate wealth
with factories, large farms and banks that are owned by the government, not by the private
individuals.
a. The government accumulates the wealth and redistributes it to the citizens, in the
form of social programs that provide free or inexpensive healthcare, education, and
childcare.
b. In socialist countries, governments usually owns and controls utilities such as
electricity, transportation systems like airlines and railroads, and
telecommunications systems.
c. In many socialist countries, governments are oligarchy – governments that are run
by only members of a certain political party or ruling elite can participate in the
government.
F) Private Goods – Goods provided by private businesses that can be used only by those who
pay for them such as cell phones, automobiles, Food, clothing, and housing which are
provided in ample supply by private businesses, (example - in America.)
G) Public Goods – Goods provided by government that anyone can use and that are available
to all without charge (for ex. Mail service, National security and public education
H) Toll Goods – a good that is available to many people but is used only by those who can pay
the price to do so (for ex. Private school, cable television, turnpikes)
I) Common Goods – Goods that all people may use but that are of limited supply (clean
drinking water and fish in the sea.
Government also creates a structure by which the goods and services can be made available to
the people.
In the United States, people elect representative to city councils, state legislatures and Congress
to make laws to govern their respective jurisdictions. They’ll pass measures to raise money,
through imposition of taxes on things like, income, property, and sales. Local, state and national
governments also draft budgets to determine how the revenue taken in will be spent for
services.
Local, state and national government make laws to maintain order and to ensure the efficient
functioning of society, including the fair operation of the business marketplace (for ex. Congress
passes laws regulating banking, and government agencies regulate such things as the amount of
toxic gases that can be emitted by factories, the purity of food offered for sale, and the safety of
toys and automobiles.
Different Types of Government –
1. Representative Democracy – A form of government where votes elect representatives to
make decisions and pass laws on behalf of all the people instead of allowing people to vote
directly on laws.
2. A democracy is a government in which political power – influence over institutions, leaders
and policies – rests in the hands of the people.
3. Direct Democracy – a form of government where people participate directly in making
government decisions instead of choosing representatives to do this for them.
4. Monarchy – a form of government where one ruler, usually a hereditary one, holds political
power (for ex. Saudi Arabia, Qatar, and United Arab Emirates have absolute monarchs
whose power is unrestricted.
5. Totalitarian – a form of government where government is all powerful and citizens have no
rights.
Unit 2: Development of Constitutional Democracy
Lesson 1: Social Contract Theory
Social Contract – an agreement between people and government in which citizens consent to
be governed so long as the government protects their natural rights.
1. I can identify major contributors to social contract theory:
a) Enlightenment Authors: Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
2. I can explain key elements of social contract theory including the state of nature, natural
rights, sovereignty and consensual political rule.
A) Social Contract Theory Society is not something natural and immutable, its something created by us. We do
this to resolve problems we collectively face, in an effort to make our lives better.
Instead of being passive members of society, we are its creator, and the society we
create has the purpose of serving our needs. A contract is often constructed to be
compatible with human nature and to protect natural rights. Therefore, a social
contract offers insight into how we collectively and individually perceive our social,
economic and political existence.
B) State of Nature – a condition in which all of us live individually and solitarily prior to the
existence of society. We are physically and mentally capable of achieving our own
survival. This ideal state allows the authors to define what we are (I.e what is human
nature) and what rights we as human being possess.
C) Natural Rights – Basic human rights are important to our individual survival. Deciding
how we will live our individual lives – for instance, we need food, clothing and shelter to
survive (are considered natural rights). Natural rights are vital for the protection of our
individual existence and the definition of our individual identity. Natural rights are
central to that contract’s construction.
1) Hobbes - believes “a war of all against all”. Basically, the state of nature is a pretty
nasty place where lives are perpetually insecure. The natural right that Hobbes’s
social contract protects is our right to life.
2) Locke – Believes the state of nature is a pretty decent place. All inhabitants are
rational people, mindful of the basic law of nature to not harm another, and people
will get along okay. But our relationship in the state of nature is “inconvenient,”
implying an incentive for us to devise a better, more convenient arrangement.
Locke’s social contract seeks to provide basic protection from harm, and adding
liberty and property on the list of natural rights to be protected. Locked believed
that the social contract should provide a society in which the society has no more
power than is necessary to regulate the natural rights and coexistence of its citizens.
3) Rousseau – Believes the state of nature is initially pretty good. But as population
grows and human interactions increase, things start to spiral downward to a point.
Rousseau states that the resulting inequalities are unfairly written into a forced
social contract that institutionalizes these inequalities under the guise of equality
and liberty. Rousseau argues to reform a society built on inequality, General will
which consists of a uniformity of existence, is a singular expression, something we
all agree to through a democratic process, must be adhered to in order for any of us
to be truly free.
D) Consensual Political Rule - Democratic politics permit an on-going renegotiation of the
social contract, which can lead to a new consensus. The renegotiation of the consensus
needed to revise the social contract plays out in the political process, as society changes,
so must the social contract.
Lesson 2: Enlightened Ideas in the Founding Documents
1) I can identify areas of the Declaration of Independence that are influenced by the
Enlightenment.
a) The ideas expressed in the Declaration of Independence seem to be consistent with
John Locke (1632-1704). The Declaration of Independence mainly written by Thomas
Jefferson, was an expression of the ideas John Locke illustrated in the “The Two
Treatises Government”. Locked maintained that society is a rational but voluntary
expression. Government which regulates the terms of the social contract in which the
society is created, serves to protect our national right and serve as a democratic conduit
for our interests (Most important of our natural rights are liberty and property). As
the United States started out, it was committed to Locke’s ideas. Subsequent efforts to
create government, both on a national and state level hold true to these ideas. They
seek to retain democratic control over government by anchoring it close to the people.
The rights to liberty and property are given considerable weight in the constitutions put
into place.
2) I can identify areas of the Constitution that are influenced by the Enlightenment.
A) Ideas expressed in the Constitution are the less democratic ideas of Montesquieu and
Rousseau. Rousseau believed in the right of property. He points out in Discourse on
Inequality, that those without property would seek to take from those who have it.
B) Montesquieu argues for representative rather than popular rule and for division of
political power within government to lessen the impact of the popular will.
a. Constitution embodies Montesquieu’s principles by separating the legislative,
executive and judicial power. By placing each branch into the control of
different political actors, this would prevent government tyranny over the
people by limiting the harm of any one branch of government might do on its
own. A bicameral legislature was created, with each chamber beholden to
different social groups: House of Representatives to the people and the Senate
to the states. The Constitution creates a chief executive, in a process that
distances the nation’s president from the popular will by having him chosen by a
specially selected subset of voters called presidential electors. State legislatures
select these electors. Constitution serves to check factional power against
factional power, which is consistent with Montesquieu effort to offset the
power factional elements in society.
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b.
The Constitution isn’t particularly keen on the expression or protection of
natural rights, which is also consistent with Montesquieu. The Constitution is
largely silent on natural rights. The constitution is more interested in the
practicalities of government then in the protection of natural rights.
c. The listed rights in Article I gives Congress considerable power over activity
that transcends states boundaries, including depriving states of any power in
foreign affairs. The power of the national government under the Constitution is
elevated as the power of the states diminish. This allows Montesquieu’s
checking of power to extend to yet another political level.
d. The constitutional principles of checks and balances is meant to prevent any one
branch of government from gaining complete power and control over the
government by allowing each branch to monitor and influence what happens in
other branches of government.
3) I can identify areas of the Bill of Rights that are influenced by the Enlightenment.
Bill of Right is a mix of Enlightenment ideas:
A) First Amendment – gives a definitive declaration for the protection of natural
rights. Bill of Rights amounts to protections of individual conscience (freedom of
speech) as well as protections for democratic participation – Lockean ideas
B) Second Amendment – Permits the possession arms for the “security of a free
State” – Lockean idea.
C)
Fourth through Eighth Amendment – serve to both limit the power government
has over us and lay out procedures which must be followed when dealing with us.
These procedures are especially important when we’re accused of committing a
crime – Due Process - Montesquieu argued that due process is a vital feature for
government. Due process says all citizens are subject to a fair and equitable
treatment.
1) In the Fourth Amendment - Our persons, houses, papers and effects
are protected against unreasonable searches and seizures. A
Montesquieu idea, because the protection is not absolute. Searches
and seizures can happen, upon the issuance of a warrant. The right to
privacy, a liberty can be violated, if due process is followed.
D) Fifth Amendment - Property, life or liberty can be deprived, if due process of law is
followed. If our property is taken for public use, we are entitled to compensation,
but not our life or liberty.
E) Ninth Amendment – the list of natural rights protected in first 8 amendments is not
exhaustive and we, the people can assert additional natural rights when we see fit
(in theory) – Lockean Idea.
F) Tenth Amendment – Powers not specifically granted by the federal government are
retained by the states and the people – However, Its not clear
G) Eleventh/Twelfth Amendment – leaves the relationship between the people and
states and the federal government, open-ended. The inference (conclusion reached
on the basis of evidence and reasoning), is that people can still retain considerable
authority to modify this relationship.
Influence of the Enlightenment Summary
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The ideas of the Enlightenment are foundational to the development and continual shaping of
American society.
Social order and political order are a function of natural rights, which are a product of human
existence in the state of nature. Society and government are created to protect and advance
these natural rights.
Key natural rights are life, liberty, and property, to which we are individually and equally
entitled.
Political power should be divided among the main groups of society, which that power balanced
and checked so no one group can exert too much control over society.
The Enlightenment ideas of individualism, equality, liberty, and property can make it difficult for
government to respond to important social issues or concerns.
The British North American colonies matured during the Enlightenment. Its ideas shaped the
political and economic expectations of the colonists.
Lesson 3: A National Government under the Articles of Confederation
1) I can explain the primary goals of the Article of Confederation
a) I can explain the primary goals of the Articles of Confederation.
1) First attempt at structuring the government of the United States.
2) A confederation was created – an entity in which independent, self-governing states
form a union for the purpose of acting together in areas such as defense, out of fear a
government of representatives elected by the people might become too powerful and
overbearing.
3) Framers of the Articles of Confederation created an alliance of sovereign states held
together by a weak central government, fearful of
2) I can describe the structure of government under the Articles of Confederation.
A) Each state had a governor and an elected legislature (in the new nation, states remained
free to govern their residents as they wished.
B) Central government had authority to act to in only a few areas, such national defense, in
which states were assumed to have a common interest and would have to supply militias.
C) Articles of Confederation favored the states, in the careful balance between power for
national government and liberty of states.
D) Under the Articles of Confederation, there was a unicameral Congress (one chamber)
known as the Confederation Congress. This one-chamber congress had very specific
functions in order to make sure that the national government didn’t have too much power
and the power of the states remained protected. There weren’t any executive or judicial
branches, as known today.
E) Confederation Congress had the authority to exchange ambassadors and make treaties
with foreign government and Indian tribes, declare war, coin currency and borrow money,
and settle disputes between states. Each legislature appointed delegates to the Congress.
Each state would have only one vote, no matter of its size or number of delegates it chose
to send. All states were considered equal. Delegates could serve no more than 3
consecutive years.
F) Nine votes would be required before the central government could act and the Article of
Confederation could be changed only by unanimous approval of all 13 states. The nation
wouldn’t have a independent chief executive or judiciary.
3) I can list the powers of the government under the Articles of Confederation:
a) Power to Borrow and Coin Money
1) National Government could make currency of the United States known as Continental
Currency. It could borrow money from other nations to cover the country’s debts that
remained from fighting during the American Revolution.
2) The power to borrow and coin money was limited, the national government had to rely
on the states for enough money to cover debts and back any loans take from other
countries.
3) Only the states could implement taxes, forcing the national government to ask them
for money to cover any debts.
b) Power to Declare War
1) National government could declare ware as it deemed appropriate with other nations
and could appoint military officials.
2) The power to declare war was limited, because there wasn’t a national military to draw
soldiers from. The soldiers came from individual states.
c) Power to Make Treaties and Alliances with other nations
1) National government could enter into treaties or agreements with other nations as
deemed appropriate and could appoint foreign ambassadors.
2) Power to Make Treaties and Alliances with other nations was limited, because of the
lack of a national military. Without a national military, US could find itself in a position
where they were unable to provide assistance to other nations.
d) Power to Regulate Trade with the Native Americans
1) National government was given power to negotiate and regulate trade with the
Native Americans, as the Native Americans weren’t considered citizens of the United
States and were treated as foreign nations by both the national and state
governments. Native Americans weren’t granted citizenship in the United States,
until the 1920’s.
e) Power to Settle Disputes Among other states
1) National Government had the authority to settle any and all boundary disputes that
arose between states.
f)
Power to implement laws – enforced by only the states, not by the national
government, which had specifically defined powers, that were effectively crippling
because there wasn’t any means of enforcement.
g) Under the Articles of Confederation – Power of the states was protected to maintain
sovereignty of the states, to prevent the national government from becoming too
powerful. The power of the national government was left both too ineffective and too
inefficient to function.
Lesson 4: Problems with the Articles of Confederations
1)
I can list several weaknesses of the Articles of Confederations
a) Power to Raise an Army or Navy - For fear of a standing army in the employ of a
tyrannical government, writers of the Articles of Confederation left the defense largely
to the states. Although, the national government had the power to declare war, if the
state governor chose not to honor the national government’s request, the country
would lack adequate defense, because the national government had to depend on the
states to provide soldiers. Even though the national government had the power to
appoint a senior officials to the U.S. Army, if was useless because there was no national
army to protect the United States.
b) Taxation - National government had no power to impose and collect taxes. The
Articles of Confederation allowed only state government to levy taxes. To pay for its
expenses, the national government had to request money from the states, the state was
required to provide funds in proportion to the value of the land within their borders.
However, the states was often negligent and the national government was underfunded
as a result. Without money, it couldn’t pay debts owed from the Revolution and had
trouble conducting foreign affairs. A further weakness of the national government, the
currency printed by the national government was thought to be worthless, since there
was no means to back up its monetary value. States could coin their own money, which
further weakened the national government, as countries began forming relationships
with the states directly.
c) Regulating Trade – National governments didn’t possess the power to regulate trade
among different states. The national economy suffered as foreign countries began to
form trade agreements with individual states. States were affected by the lack of
authority as well. Due to absence of regulation, the British government began to import
massive untaxed goods into the United States offering drastically lower prices, which
meant that the United States was in competition with the lower-priced British goods,
making it difficult to sell American-made goods. Local businesses suffered and had
trouble making enough money to survive.
d) Weakness with Articles of Confederation –
1) National government could not impose taxes on citizens, it could only request
money from the States
2) National government couldn’t regulate foreign trade or interstate commerce.
3) National government couldn’t raise an army. It had to request states to send men.
4) East state had only one vote in Congress, regardless of its size.
5) Articles couldn’t be changed without a unanimous vote to do so.
6) There was no national judicial system.
Lesson 5: The New Jersey and Virginia Plans
1) I can list several characteristics of the New Jersey Plan
a) Legislature was Unicameral Legislature – a legislature with one chamber, in which each
state would have one vote.
b) Representative was State Based (each state equally represented) Smaller states would
have the same power in the national legislature as larger states.
c) Role of National government: Provides defense but doesn’t override state authority.
d) Advocated to protect the rights of individuals from government abuse
2) I can list several characteristics of the Virginia Plan
a) Legislature was Bicameral Legislature – consisting of 2 separate chambers. The number
of state’s representative in each chamber was to be based on the state’s population.
b) Representation was Popular Based - In each state, representatives in the lower chamber
would be elected by popular vote. These representatives would then select their state’s
representative in the upper chamber from among the candidates proposed by the state’s
legislature. Once a representative’s term in the legislature had ended, the representative
could not be reelected until an unspecified amount of time had passed. Larger states
argued that because they had more residents, they should be allotted more legislators to
represent their interests.
c) Role of national government: can legislate for states and veto state law.
Lesson 6: Compromises at the Constitutional Convention
1)
I can describe the major compromises that occurred during the Constitutional Convention.
a) The convention that met in Philadelphia in 1787, with delegates from all states except
Rhode Island decided to create a new government, compromises were necessary as no
one could get exactly everything he wanted. Compromises included 1) changes in the
legislative branch and how representation would be determined for each state, 2) the
necessary powers for the branches of government and the balance of power between the
national government and state government, which, under the Articles of Confederation,
titled heavily toward the individual sates.
2) I can describe the Three-Fifths compromise
a) For the congressional apportionment - slave-holding states were allowed to count all free
population, including free African-Americans, plus 60% (three-fifths) of their enslaved
population. In the South, slaves could be taxed as property and count as population for
the purposes of a state’s representation in the government. Southern states understood
that if slaves were not counted, their representation in the House of Representative
would be significantly decreased in comparison to the Northern Sates – the Three-Fifths
Compromise was enacted to order to bring resolution and compromise to an outstanding
issue.
b) To appease the North, the compromise also allowed counting 60% of the state’s
population for federal taxation, although such taxes were ever collected. Another
compromise regarding the institution of slavery granted Congress the right to impose
taxes on imports in exchange for a 20 year prohibition on laws attempting to ban the
importation of slaves to the US, which would hurt the economy of Southern states more
than that of northern states.
3) I can describe checks and balances
a) Checks and Balances – A system that allows one branch of government to limit the exercise
of power by another branch; requires the different parts of government to work together.
Including the ability of Congress to limit the president’s veto. Should the president veto a bill
passed by both houses of Congress, the bill is returned to Congress to be voted again. If the
bill passes both the House of Representatives and Senate with two-thirds vote in its favor, it
become law even though the president has refused to sign it.
b) President must seek advise and consent of the Senate before appointing members of the
Supreme Court and ambassadors, and the Senate must approve the ratification of all treaties
signed by the president.
c) Congress can remove the president from office. Both Chambers of Congress must work
together.
d) The House of Representatives impeaches the president by bringing formal charges against
him or her, and the Senate tries the case in a proceeding overseen by the Chief Justice of the
Supreme Court – The president is removed from office if found guilty.
e) Congress is able to limit the president’s power as commander-in-chief of the armed forces by
refusing to declare war or provide funds for the military.
f) Congress can add judges to the Supreme Court as a check on their power.
4) I can describe separation of powers
a) The sharing of powers among three separate branches of government. Separating the
government into distinct branches of government and giving each branch its own function to
perform limited the ability of the national government to gain too much power.
5) I can describe Article I of the Constitution (the structure of the Legislative Branch and its
Specific Power)
A) Great Compromise – A compromise between the Virginia Plan and the New Jersey Plan that
created a bicameral legislature; representation based on population in the House of
Representatives and equal representation of the states in the Senate. Each state, regardless
of size, would have 2 senators, making equal representation as in the New Jersey Plan.
Senators were appointed by the state legislatures, a variation of the Virginia Plan. Members
of the House of Rep would be popularly elected voters in each state
B) Congress was give power to tax, maintain an army and a navy, and regulate trade and
commerce. It could coin and borrow money, grant patents and copyrights, declare war and
establish laws regulating naturalization and bankruptcy. While legislation could be proposed
by either Chamber of Congress, it had to pass both chambers by a majority vote before being
sent to the president to be signed into law, and all bills raise revenue had to begin in the
House of Rep. Only those men elected by the voters to represent them could impose taxes
upon them. There would be no more taxation without representation.
C) Slavery and Freedom – Article IV of the Constitution required states to return fugitives to the
states where they had been charged with crimes, also prevented slaves from gaining their
freedom by escaping to states where slavery had been abolished. Clause 3 of the Article IV
of the Constitution (Fugitive Slave Clause) allowed slave owners to reclaim their human
property in the states where slaves had fled.
D) Constitutional Convention - Representatives from the North were adamant that slaves not
be counted towards a state’s population while Southerns insisted they be counted. The
existing structure of the government under the Articles of Confederation was ineffective and
weak.
6) I can describe Federal Power vs State Power
a) Federal System – A form of government in which power is divided between states
governments and a national government.
b) Enumerated Powers were granted to the federal government to declare war, impose taxes,
coin and regulate currency, regulate foreign and interstate commerce, raise and maintain an
army and navy, maintain a post office, make treaties with foreign nations with Native
American tribes, and make laws regulating the naturalization of immigrants.
c) Reserved Powers any powers not prohibited by the Constitution or delegated to the national
government; powers reserved to the states and denied to the federal government. States
remained free to pass laws regarding such things as intrastate commerce (commerce within
the borders of a state) and marriage. The right to levy taxes were given to both state and
federal governments. Both states and the federal government have a chief executive to
enforce the laws (a governor and the president respectively) and a system of courts.
d) Supremacy Clause in Article IV of the Constitution proclaimed that the Constitution, laws
passed by Congress, and treaties made by the federal government were the “Supreme Law
of the Land”. In the event of a conflict between states and the national government, the
national government would triumph. Although the federal government was to be limited to
those powers enumerated in the Constitution, Article I of the Constitution, provided for the
expansion of congressional powers if needed. “Necessary and Power Clause of Article I,
provides that Congress may “make all Laws which shall be necessary and proper for the
carrying into Execution for foregoing (enumerated) Powers, and all other Powers vested by
this Constitution in the Government of the United States, or in any Department or Officer
thereof.”
Lesson 7: The Federalist and Anti-Federalist Debates
1) I can describe the Federalist’s views on the scope and powers of the government
a) Federalists supported the new Constitution. They intended to be among the elite members
of society – wealthy and well-educated landowners, businessmen, and former military
commanders – who believed a strong government would be better for both national
defense and economic growth. Federal government had the power to create a national
currency to ease business transactions. The federal government had the ability to regulate
trade and place tariffs on imports to protect merchants from foreign competition. Federal
government had the power to collect taxes to allow national government to fund internal
improvements like roads, which would help businessmen. Framers of the Constitution
believed that without the ability to maintain and command an army and navy, impose taxes,
and force the states to comply with laws passed by Congress, the young nation wouldn’t
survive for very long. Support for the Federalists was especially strong in New England.
2) I can describe the Anti-Federalist’s view on the scope and power of the government
a) Anti-Federalist feared the power of the national government and believed state legislatures,
which they had more contact, could better protect their freedoms. Some anti-federalist
(like Paul Henry) distrusted the elite and believed a strong federal governments would favor
the rich over those of “the middling sort”. They believed that power should rest in the
hands of small, landowning farmers of average wealth, have better morals and less
ambitious. Other feared that the centralization of power would lead to the creation of a
political aristocracy, to the detriment of state sovereignty and individual liberty. Virginia ‘s
Patrick Henry feared that the newly created office of president would place excessive power
in the hands of one man. Patrick Henry believed the federal government’s new ability to tax
its citizens should remain with the states. Feared that the strong central government for
which the Federalists advocated would levy taxes on farmers and planters who lacked the
hard currency needed to pay. Many also believed Congress would impose tariffs on foreign
imports that would make American agricultural products less welcome in Europe and in
European colonies in the Western Hemisphere – for these reasons, Anti-Federalist
sentiment was especially strong in the South.
3) I can list reason for and against ratifying the Constitution
a) Reasons for ratifying the Constitution
1) Smaller states would have equal representation in the Senate and would give them a
degree of equality with the larger states
2) The Bill of Rights would be added / drafted for the Constitution.
3) Maintain and command an army and a navy.
4) Impose taxes and force states to comply with the laws passed by Congress
5) Office of President would have power of the federal government
6) Building a stronger government and a strong economy
b) Reasons against ratifying the Constitution
1) Larger states had significant power to lose. They disliked the prospect of having to
provide tax money to support the new government
2) Feared federal courts would be too far away from where those who were tried lived.
States were located closer to the homes of both the plaintiffs and defendants
3) Feared national government would grow too powerful
4) Feared elite group of wealthy and educated bankers, businessmen and large landowners
would come to dominate the nation’s politics (believed that the wealthy would become a
faction(a group who gathered together to advocate for their special interest), which
would provide divisive to the country.
5) Feared the Constitution didn’t do enough to protect individual rights.
Lesson 8: Federalist Papers
1) I can describe the purpose and main argument made in the Federalist #10
a) Purpose of Federalist #10 was to address the Anti-Federalist’s fear of factions, because the
Anti-Federalists were suspicious of government ran by the elites and feared that the
wealthy would come to dominate national politics and band together to advocate for their
own special interest, which would divide the country.
b) James Madison’s main argument was to assure the Anti-Federalist not fear the power of
factions, because the diversity that existed in the country was so large that it wouldn’t allow
for the development of large political interest groups. He argued having a representative
government would be the best way to control against the detrimental effects of factions.
Having a representative form of government would allow the people to elect those of the
highest minds to make decisions, who would not be subject to whims of impassioned
majority. For the Federalists, the best solution to guard against factions was representative
government. Madison acknowledged there was no way to stop factions from forming
without taking away the liberty of citizens and he argued factions could only be controlled
through representative government.
2) I can describe the purpose and main argument made in Federalist # 51
a) Purpose of Federalist # 51 was to address the constitutional checks and balances and
separation of powers. The Anti-Federalists feared that the national government under the
Constitution would become too power, leading to a tyrannical government that would
abuse its power and people.
b) James Madison’s main argument was to ease the fears of the Anti-Federalist by explaining
how the mechanics of checks and balances and separation of powers would prevent the
national government from abusing its power and authority. Increasing the powers of the
national government wouldn’t lead to an automatic abuse of power, due to separation of
power and checks and balances
c) Separation of powers – Under separation of power, each branch of government has its own
function to perform, which prevents any one branch of government from becoming too
powerful. Through separation of power, each branch has its own degree of independence.
1) Legislature Branch – makes the laws
2) Executive Branch – enforces the laws
3) Judicial Branch – reviews the laws
d) Checks and Balances – are mechanics that let each branch of government have influence
over how the other branches of government operate and get its job done. Our government
has built-in restraints over the function of each branch of government and the individuals
within these branches.
Lesson 9: Separation of Powers
1) I can explain the purpose of having separation of powers
a) Too avoid an all-powerful branch of government and avoid the possibility of a tyrannical
government that would ignore the rights of its citizens., since they feared what would occur
if too much power were concentrated. The powers of one branch were distinct from the
powers of the other two branches and it would be difficult for any one branch to dominate
the national government.
2) I can list several powers held by each branch of government
a) Legislative Branch (in Article 1) – Congress composed of both the Senate (presented the
States) and the House of Representatives (represented the people), which served as the
principal lawmaking body. Congress detailed list of powers had specific provisions designed
to provide for a functioning economy and provide for an effective national defense. Laws
originate in the Congress, but they don’t have the power to carry out the laws for the
country.
1) Congress had the power to deal with international trade and commerce between
states.
2) Only Congress had the power to declare war on foreign countries.
A) This provision was designed to require legislative approval for the country to
become involved in international conflicts.
B) Also, Senate is required to approve treaties by a two-thirds majority in order for
the treaties to go into effect. Both of these powers given to Congress was designed
to limit the power of the president in the area of foreign policy.
3) Congress role in the selection of the president.
A) If the electoral college fails to provide a candidate with a majority of the votes of the
electors, on the first and only ballot, the House of Representatives will the choose
the president. The candidate must receive the support of a majority of the states,
with each state having one vote.
b) Judicial Branch (in Article III) – Established a full system of national courts to deal with
national laws, including both criminal cases and civil issues (conflicts over contracts, about
how laws are enforced, and similar debates).
1) The courts have the power of judicial review, which permits them to overturn laws
passed by Congress and actions of the president, or others in the executive branch, that
conflict with the Constitution. Judicial review gives the judicial branch the power to
invalidate an act of Congress if it violates the U.S. Constitution.
2) The judicial review is important in upholding the Constitution as the supreme law of the
land.
3) The courts have been crucial in solving disputes between the President and Congress an
in resolving issues between the state governments and the new national government, in
dealing with constitutional questions.
4) Courts have also dealt with disagreements between state governments and national
governments over the interpretation of the Constitution.
c) Executive Branch – Consists of the President, Vice President and the bureaucracy (the
agencies that carry out the programs of the national government)
1) Constitution requires that the president will faithfully execute the laws passed by
Congress (execute the laws of the land)
2) President is the commander-in-chief of the armed forces of the new country.
3) President serves as the Chief Diplomat and those reporting to him are responsible for the
foreign affairs of the country. President nominates ambassadors and other officials
that deal with foreign policy subject to the approval by the Senate (Constitutional role
related to the concept of “advise and consent”
4) President is in charge of negotiating treaties that must be approved by the Senate.
5) Power to grant pardons
3) I can explain how laws are made and enforced using the separation of powers.
a) Legislative Branch - Congress comprised of both the House of Representatives and Senate
serves as the principal lawmaking body. Passes legislation. Laws originate in the Congress,
doesn’t have the power to carry out the laws of the country.
b) Judicial Branch – Upholds the Constitution as the supreme law of the land.
c) Executive Branch - President has great power as commander-in-chief and chief diplomat.
The Constitution requires the President faithfully execute the laws of the land.
Lesson 10: Checks and Balances
1) I can explain how the system of checks and balances functions
a) The system of checks and balances is in place to maintain the separation of powers among
the three branches of government (Legislative Branch, Judicial Branch and Executive
Branch). Each part of the government has powers that limit the other two, and each branch,
in turn, is checked by the other two. This arrangement helps to guarantee that each branch
can maintain itself as a separate part of the government and prevent being dominated by
one of the other branches.
2) I can explain several checks the judicial branch has on the legislative and executive branches
a) President nominates judges – Executive Branch
b) President has power of pardon – Executive Branch
c) Senate must approve judges and justices – Legislative Branch
d) Congress controls jurisdiction of the courts – Legislative Branch
e) Congress determines size of Supreme Court – Legislative Branch
f) House of Representative can impeach judges and Senate can remove them by two-thirds
vote – Legislative Branch.
3) I can explain several checks the legislative branch has on the judicial and executive branches
a) President can veto legislation – Executive Branch
b) President can use executive agreements – Executive Branch
c) President can use executive orders – Executive Branch
d) President can negotiate treaties (Not Congress) – Executive Branch
e) Courts can overturn acts of Congress as unconstitutional if they violate the law – Judicial
Branch
f) Courts can influence laws by interpretation – Judicial Branch
g) Supreme Courts judges can serve during good behavior to maintain independence of
judiciary branch – Judicial Branch
4) I can explain several checks the executive branch has on the legislative and judicial branches
a) Congress can override a presidential veto by a two-thirds vote in both chambers (House and
Senate) – Legislative Branch
b) Congress must approve treaties by a two-thirds vote in the Senate – Legislative Branch
c) Congress has control of funding activities of the executive branch – Legislative Branch
d) Presidential nominees must be approved by the Senate – Legislative Branch
e) Only Congress can declare war – Legislative Branch
f) House of Representatives can impeach the president or Vice President and the Senate can
remove them by a two-thirds vote – Legislative Branch
g) Courts can overturn actions of the president with judicial review if the actions violate the
Constitution – Judicial Branch
h) Supreme Court Judges serve during good behavior to maintain independence of judiciary.
Lesson 11: Principles of Federalism
1) I can list several characteristics of a federal system of government (federalism)
A) Federalism is institutional arrangement that creates two relatively autonomous levels of
government, each possessing the capacity to act directly on behalf of the people with the
authority granted to it by the national constitution.
a) First Characteristic: All federal systems establish two levels of government, both levels are
elected by the people and each level is assigned a different function.
1) National Government (federal government) is responsible for handling matters that
affect the country as a whole (like defending the nation against foreign threats and
promoting national economic prosperity. All matters national matters are handled by
the federal government, which is led by the President and members of Congress (whom
are elected by voters across the country.
2) Subnational or state governments are responsible for matters that lie within their
regions, which include ensuring the well-being of their people by administering
education, healthcare, public safety and other public services. All matters at the
subnational level are the responsibility of the 50 states, each headed by an elected
governor and legislature.
b) Second Characteristic: Common to all federal systems – a written national constitution that
can’t be changed without the substantial consent of the subnational government. The main
advantage of a Super-majority requirement is that no changes to the Constitution can occur
unless there is broad support within Congress and among states.
c) Third Characteristic: The constitutions of countries with federal systems formally allocate
legislative, judicial, and executive authority to the 2 levels of government in such a way that
ensures each level some degree of autonomy from the other. (Under the U.S. Constitution,
the president assumes executive power, Congress exercises legislative powers, and the
federal courts – U.S District courts, appellate courts, and the Supreme Court assume judicial
powers)
d) Fourth Characteristic: National courts commonly resolve disputes between levels and
departments of government. For ex. In the U.S., conflicts between states and the federal
government are adjudicated (to make a formal judgement or decision about a problem or
disputed matter) by federal courts, with the U.S Supreme Court being the arbiter (the one
who settles the dispute or who has ultimate authority over the matter).
e) Fifth Characteristic: Subnational governments are always represented in the upper bourse
of the national government, enabling regional interests to influence national lawmaking.
2) I can list several advantages and disadvantages of a federal system (federalism)
A) Advantages:
1) The innovative ways individual states deal with problems.
2) States are better at adapting to local conditions and design programs that work best for
their citizens.
3) National government can pass a basic program that will cover the country (such as
disability payments for those injured on the job) and states can add to the program if
they decide to do so.
4) There is protection against oppression with divided power – power is so divided that its
more difficult for any group or groups to take control of the government and violate the
rights of citizens or some groups of citizens.
5) Federalism provides the opportunity for individuals to participate more in the political
system. A citizen can interact with both state elected and national officials.
B) Disadvantages:
1) Inefficiencies in federalism are increased when national and state governments are
unwilling to cooperate.
2) Actions in one state cause problems in neighboring states (as could happen if a rivers is
polluted upstream). Voters are less willing to pay to avoid problems when the negative
consequences occur in another state.
3) All 50 states have to a department of education, a transportation department, a bureau
to administer Medicaid and unemployment benefits, inefficiency occurs when
duplicating the efforts becomes costly for the smaller states. Unitary states can use
regional offices for some of these programs.
4) Inequality in a federal system. Not all citizen are treated the same. Some have access
to better education facilities and cheaper college tuition.
Unit 3
Lesson 12: Powers of the Legislative Branch
1) I can define the three types of Congressional powers including implied, enumerated, and
inherent powers.
a) Enumerated Power – is a power explicitly stated in the Constitution. U.S. Constitution
details the enumerated powers of the legislature.
b) Implied Powers – is a power not specifically detailed in the Constitution but inferred as
necessary to achieve the objectives of the national government. It gives Congress the
power to not only make laws, but also gives it some general direction as to what those laws
should accomplish. The necessary and proper clause, which directs Congress to “make all
laws which shall be necessary and proper for carrying into Execution the foregoing Powers,
and all other Powers vested by this Constitution in the Government of the United States or
in any Department or Officer thereof.
c) Inherent Powers – The powers neither enumerated nor implied but assumed to exist as a
direct result of the country’s existence, Not mentioned in the Constitution. Instead, they
are powers Congress has determined it must assume if the government is going to work at
all. These powers aren’t granted to Congress, or to any other branch of the government,
but they exist because the country exists.
2) I can list out several powers held by the legislative branch
a) Tax Citizens
b) Set the Budget
c)
d)
e)
f)
g)
Regulate Commerce
Declare War
Provide advice and consent on appointments
Impeach Individuals
Oversee the powers of the judicial and executive branches
3) I can classify Congressional powers as either implied, enumerated, or inherent.
a) Enumerated Powers - Power to Levy and collect taxes, declare war, raise an army and navy,
coin money, borrow money, regulate commerce among the states and with foreign nations,
establish federal courts and bankruptcy rules, establish rules for immigration and
naturalization, and issue patents and copyrights. The power to give advice and consent and
the power to impeach the president and judicial officials
b) Inherent Powers - Power to control borders of the state, the power to expand territory of
the state, and the power to defend itself from internal revolution or coups.
d) Implied Powers - These are laws that regulate banks, establish a minimum wage, and allow
for the construction and maintenance of interstate highways are all possible because of the
implied power.
4) I can provide examples of Congress exercising its power under the Commerce Clause
1) Important constitutional anchors for Congress implicit power to regulate all manner of
activities within the states. The Supreme Courts broad interpretation of this so-called
Commerce Clause has greatly expanded the power and reach of Congress over centuries.
Article I, Section 8, Congress is empowered to “regulate Commerce with foreign nations,
and among the several states, and with Indian Tribes.”
a) Expanding economy and changes in technology and transportation contributed to the
shrinking of space between the states demanded that Congress be able to function as a
regulator.
b) For a short period in the 1930’s, when federal authority was expanded to combat the Great
Depression, the court began to interpret the commerce clause more narrowly.
c) Afterwards, the court began interpreting from a even-broader direction, which proved to be
particularly important in the 1960s, when Congress rolled back racial segregation
throughout much of the South and beyond.
5) I can describe ways in which the legislative branch can engage in checks and balances with the
other branches of government.
a) Advice and consent – While the president appoints federal judges, ambassadors to foreign
countries, cabinet secretaries, and other high-ranking government officials – The Senate
must provide its advice and consent to those appointments. Supermajority (two-thirds vote
– a number greater than more than 50 percent) in confirming presidential appointments.
b) Treaty-making – President as chief diplomat has the right to negotiate agreements (or
treaties) with foreign nations on behalf of the U.S, the Senate must ratify those treaties. This
is done by a two-thirds supermajority vote.
c) Impeachment – Shared by both the House of Representatives and Senate. Impeachment
and removal from office are 2 separate steps. Impeachment is a formal accusation of
wrongdoing made by the House of Representatives. The House has the authority to
impeach the president, Vice President and all civil officers of the U.S. Impeachment doesn’t
lead to removal from office unless the Senate, which is given the authority to conduct
impeachment trials, votes to convict. Conviction requires a super-majority, two-thirds vote
in the Senate.
d) Oversight
Lesson 13: How the Legislative Branch Makes Laws
1) I can explain how Congress is organized
a) Congress is organized through leadership positions in both the House of Representatives
and the Senate and through the committee system.
2) I can describe the process of legislation and how bills become law.
a) Once a bill comes out of one committee and goes through the Rules Committee, the entire
body in the both the House of Representatives and the Senate will debate it.
1) The Bill is introduced and given to the appropriate standing committee.
2) The Bill is sent to the Rules Committee
3) The bill is debated in the House of Representatives and the Senate with the possibility of
a filibuster in the Senate.
4) The bill is voted upon by the House of Representatives and the Senate
5) The bill is sent to the conference committee to form one unified bill
6) The unified bill is sent back to the House of Representatives and Senate to be voted
upon
7) The bill goes to the President for signature or veto. If vetoed, Congress has ability to
override the veto.
3) I can explain the purpose of congressional committees and describe several types
a) Congressional Committees plays an important role in organizing members of Congress and
allowing both chambers of Congress to make their own rules and for individual members to
implement their most import work. A committee system is one of the key organizational
structures for Congress.
b) Standing Committees are permanent committees that address timeless, recurring issues.
c) Select Committees are temporary committees set up to address or investigate an issue not
covered by one of the standing committees.
d) Joint Committees have members from both houses of Congress serving on one committee.
e) Conference Committee have members from both houses of Congress and reconcile
different versions of the same bill that has passed both houses to form a single unified bill
that goes to the president.
Lesson 14: Reapportionment, Redistricting and Gerrymandering
1) I can define reapportionment, redistricting and gerrymandering
a) Gerrymandering – the deliberate re-drawing of electoral districts to give an advantage or
disadvantage to either a particular political party or group. State legislatures frequently
draw the boundaries to give the majority party an unfair advantage.
b) Redistricting – The re-drawing of electoral districts to accommodate for changes in a state’s
population based on the last census. The goal is create districts that are equal in population.
c) Reapportionment - occurs when census data indicates needed adjustments so a state is not
paying too much or too little in federal taxes.
2) I can explain the role of the census in the reapportionment and redistricting processes.
a) Purpose of census – Members of Congress have a local and state perspective and represent
congressional districts and states. A census is required to determine how many persons
each state holds. The Constitution requires a census of people so that seats can be
apportioned in the House of Representatives. The census determines how many seats each
state will get in the House of Rep, and how many votes each state will get in the Electoral
College.
1) It’s population determines each state’s number of seats in the House of Rep.
2) A state’s number of votes in the electoral college (the means for choosing a president) is
equal to a state’s number of representatives, plus its 2 senators
3) The Constitution requires that taxes be apportioned – proportional to the state’s
populations – so that one state isn’t called to bear a heavier burden than another.
b) Reapportionment - After a federal census, each states stands to gain or lose House seats
because of the population changes. Congress must then allocate the number of House seats
to which each state is entitled – this process is called Reapportionment. House of Rep seats
are fixed at 435.
c) Redistricting – If a state gains or loses House seats, it must redraw its district lines to
accommodate the change. A state may have to redistricting even if its number of districts
hasn’t changed. Where the population has shifted within a state, the state legislature is
required to draw district lines so that the populations of the district are as nearly equal as
possible. Each state legislature (not Congress) is responsible for drawing district lines within
its own state.
3) I can explain the ruling in, and significance of, the Supreme Court case Miller v. Johnson
a) Ruling - In the Miller decision – Supreme Court ruled that, under the Constitution’s Equal
Protection Clause, race could not be the “dominant and controlling” motivation for drawing
congressional districts.
b) Prior to 1990 census, Georgia only had 1 major-minority district (out of 10 total districts),
despite having a population that was over one-third African American. After 1990 census,
Georgia was awarded an additional seat, Georgia redistricted to create two major-minority
districts. Department of Justice disapproved of Georgia redistricting and Georgia
redistricted its plan to have 3 major-minority districts.
c) Significance of the Supreme Court ruling – Supreme Court continued to address issues of
racial gerrymandering such as North Carolina, who’s electoral districts were rejected
because the Supreme Court believed the state legislature relied too heavily on race when
creating electoral districts. However, the Supreme Court was reluctant to address issues of
partisan gerrymandering which are districts created to overwhelmingly support Democratic
or Republican candidates. Supreme Court has since made changes and are considering
hearing cases on this issue.
Lesson 15: The Design and Evolution of the Presidency
1) I can describe the evolution of the presidency in the U.S.
a) Presidency was established at 1787 Constitutional Convention. determined as an individual
or a set of people.
b) Idea of Electoral College emerged as way to select and re-elect a President.
c) Presidential Duties – outlined in newly-formed Constitution.
d) Impeachment – Built into Constitution – clear process for removing a President
e) Twelfth Amendment – pairs Presidential candidate with running mate on a ticket.
f) Budget and Accounting Act of 1921 – Congress puts Executive branch in charge of forming
budge
g) Twenty-Second Amendment – limits President to two four-year terms
h) Expansions of Duties – From President Washington forming cabinet to now, each President
contributes to the office.
2) I can aware of term limits for the president.
a) Twenty-Second Amendment – was proposed and ratified, limiting the presidency to two
four-year terms.
3) I can describe the impeachment process
a) Impeachment – is the act of charging a government official with serious wrongdoing; (called
“high crimes and misdemeanors” in the Constitution.
1) Impeach Process – Required two steps and both chambers of the Congress.
A) First Step - House of Representatives could impeach the president by a simple
majority vote.
B) Second Step – The Senate could remove him or her from office by a two-thirds
majority, with the Chief Justice of the Supreme Court presiding over the trial.
C) Upon conviction and removal of the president, if that occurred, the Vice President
would become president.
4) I can identify several duties of the president
a) Chief executive would present to Congress information about the state of the union (Annual
State of the Union message) Constitution requires that the president report to Congress on
the state of the union from time to time and make recommendations to Congress.
b) Call congress into session when needed. President presents their plans for the further and
goals they hope to achieve and invariably highlight what they see as past accomplishments.
c) Veto legislation if necessary (although a two-thirds super-majority in both houses of
Congress could override that veto
d) Make recommendations for legislation and policy
e) Call on the heads of various departments to make reports and offer opinions.
f) President can use a Pocket veto, which means if Congress send a law to the president, he
has 10 days to sign or reject legislation. If Congress adjourns during that ten-day period and
the president doesn’t sign the law, it doesn’t go into effect. He’s not required to provide a
veto message since Congress isn’t in session – Phrase Pocket veto indicates the president
puts it in his pocket and forgets about it.
g) President’s job is nominate federal judges, including Supreme Court justices as well as other
federal officials, and making appointments to fill military and diplomatic posts.
h) Execute “Executive Privilege” refers to the ability of the President to withhold information
from Congress
i)
Presidents have great power, because of the increased power and size of the United States
over time.
Lesson 16: The Powers of the Executive Branch
1) I can identify several powers of the President.
A) Domestic Policy
1) Power of Pardon/Reprieves
2) Power of Removal – (limit: Tenure of Office Act)
3) Veto Powers
4) Executive Orders – (limits: court rulings, successor reversal; don’t have to be approved
by the Senate)
5) Appointing Federal Judges
6) Signing Statements – (indicates that he intends to apply the law in a particular way)
B) National Security, Foreign Policy and War
1) Commander-in-chief of the armed forces (limits: not inherent power)
2) Executive Agreements – (limits: not treaties under the U.S. law). Executive agreements
are made with leaders of foreign countries.
3) “Rally Around the Flag” effect – strong public support during international crises)
C) Opportunities
1) Power of Persuasion (President needs Congress to pass critical policies and can use both
public and private measures of persuasion) and drive public opinion through public
means. It’s a good economy that often allows a president to better use his power of
persuasion (Inheriting a good economy)
2) Power to Negotiate Executive Agreement – cut deals and make compromises privately
D) Legacy
1) Longterm Effect of Policies, of Supreme Court Appointments
2) I can explain how executive order are used by presidents
a) Executive orders can be issued to achieve policy goals. Executive orders are usually used to
provide direction to government agencies and deal with routine matters. However,
executive orders can be used to achieve policy goals in areas where Congress has been
unwilling to act or is even opposed to the desires of the president.
b) Executive orders can be revoked and are subject to court rulings or changes in policy
enacted by Congress.
c) Executive orders are subject to reversal by president who come after.
3) I can describe how presidential powers are limited by the system of checks and balances
a) Checks and balances encourage consultation, cooperation, and compromise in policy
making. The Constitution makes it difficult for either Congress or the Chief Executive to
prevail unilaterally, when it comes to constructing policy. It is left to the President to
employ a variety of informal methods in a strategy of negotiation, persuasion, and
compromise in order to secure policy achievements in cooperation with Congress. These
informal mechanisms are usually important for a president to have any chance of success.
These informal mechanisms aren’t mentioned in the Constitution.
Lesson 17: Organization to Govern
1) I can describe the transfer of presidential powers from one administration to the next.
a) The new president will have a domestic transition team and a foreign transition team that
will prepare him to assume the duties of the office.
1) Domestic transition team – will have him consider existing executive orders
2) Foreign transition team – will have him decide which executive agreements he wants to
continue.
b) President-elect must select a Cabinet. Cabinets include the 15 members, including the
Secretaries of Labor, Agriculture, Education, and others (Outer Cabinet). The most
important members – the (Inner Cabinet) Heads of the Dept of Defense, Justice, State and
the Treasury. Presidents consider ability, expertise, influence, and reputation as well as
agreement with the president’s policy preferences).
c) New presidents will receive intelligence briefings
d) Once President has been inaugurated, the president can nominate people to fill the Cabinet
positions and the Senate confirms or rejects these nominations
e) Need to formulate and present a political agenda for the future.
2) I can describe the conditions that must be met in order to make a recess appointment.
a) Recess Appointment – an appointment by the President of a federal official when the U.S.
Senate is in recess.
b) Article II, Section 2 of the Constitution: The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate, by granting Commissions which
shall expire at the End of the next Session”. The purpose of the provision was to give the
president the power to temporarily fill vacancies during times when the Senate was in
session and could not act. Presidents use this loophole to get around a Senate that’s
inclined to obstruct.
c) Pro Forma Session – is a short meeting held with the understanding that no work will be
done. These sessions have the effect of keeping the Senate officially in session while
functionally in recess. This is Senate loophole.
Lesson 18: Powers of the Judicial Branch
1) I can describe the evolution of the federal judiciary in the U.S.
a) 1787 - Federal Judiciary is born – Article III of the US Constitution briefly outlines the
forming of the Supreme Court (SC) and its powers.
b) 1789 – Judiciary Act – First session of Congress laid the framework for the basic structure of
the federal judiciary system.
c) 1790 – SC begins in New York
d) 1794 – The Eleventh Amendment outlines protection of the State from being sued in a
federal court.
e) 1800 – The SC moves to Washington, DC, shares quarters with Congress
f) 1803 – Marburg vs. Madison – A landmark Supreme Court case developing judicial review.
g) 1824 – Gibbons vs Ogden – SC has power to regulate interstate commerce
h) 1935 – The SC building was built/opened
2) I can identify several powers of the federal judiciary.
a) Supreme Court considers specific cases with narrower questions
b) Supreme Court decisions help shape policies through rulings and interpretations, applying to
modern circumstances
c) SC often applies “stare decisis”or letting a decision stand in the ruling.
d) SC will on occasion defer to other branches (ex. “Political questions)
3) I can distinguish between original jurisdiction and appellate jurisdiction.
a) Original Jurisdiction – a case heard for the first time
b) Appellate Jurisdiction – a court hears a case on appeal from a lower court and may change
the lower court’s decision.
4) I can explain how Marbury v. Madison was the key case for the full development of judicial
review by the Supreme Court.
a) Marbury v. Madison was the key case for the full development of judicial review by the
Supreme Court. The Judiciary Act passed by Congress established a full system of federal
courts. The act made it possible for Congress to provide for justice of the peace positions in
the District of Columbia. In the final days of John Adams’s administration - William Marbury
was appointed to a position of justice of the peace in the District. Some of the appointment
papers had not been delivered when Thomas Jefferson became President. Jefferson
directed his Secretary of State James Madison not to deliver the appointment papers,
because he felt these last-minute appointments by a man he had defeated were not
customary or a practice. Marbury sued to force Madison to give him his appointment
papers. Chief Justice Marshall ruled Marbury was entitled to his appointment papers and
had followed the legal procedures, but the Court couldn’t order the appointment papers to
be delivered because, when Congress passed the Judiciary Act of 1789, it provided cases
that the Supreme Court would have original jurisdiction, but Marshall argued only the
Constitution could give the Supreme Court original jurisdiction. Therefore, Congress
violated the Constitution and the Court declared that portion of the Judiciary Act of 1789 to
be unconstitutional. The Court established the principle of judicial review that has carried
forward to the current time.
5) I can describe the impact of the decision of the Supreme Court in McCulloch v. Maryland
a) Supreme Court ruled that the national bank was indeed a reasonable means of carrying out
the powers of government, providing for a loose construction of the Constitution via the
Necessary and Proper Clause. It was interpreted to permit the creation of a national bank.
b) A Loose Construction is based in the idea that the Constitution gives the government the
power to undertake various activities, and the way that the goals are achieved can include
many different methods. McCulloch broadened the interpretation of the Constitution to
permit Congress to do more rather than less. Courts are forced the make policy decisions.
6) I can define and provide examples of stare decisis.
a) Stare Decisis – means “Let the Decision Stand”. When the courts use this term, the judge
or justices are indicating that they are relying on established principles and are often
unwilling to change them.
b) Example 1 – Supreme Court heard the Brown v. Board of Education, it carefully avoided
overturning a prior case (prior case – permitted racial segregation if the separate facilities
were equal. However, when the Courts outlawed mandatory segregation, it noted the
separate was inherently equal. So, rather than overturn the established principle, the Court
indicated it was impossible to meet the precedent that had been established earlier.
c) Example 2 – Courts will use stare decisis when it declines to hear a case because the justices
believe that the existing precedents cover the dispute and there’s no need to reaffirm the
previous judgements.
7) I can distinguish between strict and loose interpretation
a) Strict Interpretation (strict construction) – Views as to how strictly the Constitution should
read. The approach from a strict constructionist would be based on the idea that the
national government can only do those things which are specifically mentioned the
Constitution.
b) Loose Interpretation (loose construction) – Loose constructionist approach is based on the
idea that the Constitution gives the government power to undertake various activities, and
the ways that those goals are achieved can include many different methods.
8) I can explain judicial activism
a) Judicial activism – judges should more actively seek to involve the courts in dealing with
issues and seek to uphold constitutional values. Judicial activism is often linked to a more
expansive interpretation of the Constitution. Activist judges are seems as the last safeguard
to government violating constitutional rights. Activism is often defined as a departure from
the accepts status quo.
Lesson 19: The U.S Court System
1) I can describe the organization of the U.S. Court system.
a) Before the Constitution and establishment of the permanent national judiciary under Article
III, states had courts, each of the 13 colonies also had its own courts (based on the British
common law model). Currently, judiciary is a dual court system, with courts at both the
national and state levels. Both levels have three basic tiers consisting of trial courts,
appellate courts, and courts of a last resort, called Supreme Courts at the Top and is the
final court of appeal. Lower tiers include: U.S. Court of Appeals, U.S. District Courts, State
Supreme, Intermediate Appellate Courts, State Trial Court. State and federal court systems
sometimes intersect and overlap each other, no 2 states are exactly alike when it comes to
the organization of their courts. State Court systems are created by the state itself, each
one differs in structure, number of courts, and name and jurisdiction. State courts closely
mirror federal courts.
2) I can distinguish between civil and criminal court cases
a) Criminal court cases – 1. Criminal law establishes rules and punishment, to prohibit harm to
other. 2. Does harm to Society. 3. States presses charges. 4. Case will state the name of the
accused and the government. 5. Misdemeanors: are lesser crimes (Stealing road signs).
6.
Felonies are major crimes. Ex. Murder.
b) Civil court cases – 1. Civil courts cases involve 2 or more private parties. 2. Can be individuals
and/or corporations. 3. One must allege harm or injury by another. 4. Cases will state the
names of the 2 parties. Ex. Divorces, Lawsuits.
3) I can describe the jurisdiction of federal and state courts
a) State Courts – 1. Hear most day to day cases, covering 90 percent of all cases. 2. Hear both
civil and criminal matters. 3. Help the states retain their own sovereignty in judicial matter
over their state laws, distinct from the national government.
b) Federal Courts – 1. Hear cases that involve a “federal question,” involving the Constitution,
federal laws or treaties, or a “federal party”, in which the U.S. government is a party to the
case. 2. Hear both civil and criminal matters, although many criminal cases involving federal
laws are tried in state courts. 3. Hear cases that involve “interstate” matters, “diversity of
citizenship” involving parties of 2 different states, or between a U.S. citizen and a citizen of a
nation (and with a damage claim of at $75,000). 5. “Rule of Four” – means at least 4 justices
must to want to hear the case.
4) I am aware of how many justices are currently serving the Supreme Court.
a) Nine Justices (Chief Justice and 8 Associate Justices)
b) Congress fixed the number to nine justices.
5) I am aware of how Supreme Court justices are nominated.
a) Justices are nominated by Presidents and are subject to Senate approval.
b) Individual nominated to the Supreme Court are normally lawyers.
Lesson 20: The Evolution of the Judicial Branch
1) I can explain how the courts protect the sanctity of the U.S. Constitution from bleachers by
the other branches of government.
a) The courts can provide Constitutional validation to the laws passed by Congress when they
are challenged. If the judicial ruling determines that the law is constitutional, then it
continues to operate. If the courts determine that the law violates the Constitution, then its
is overturned. In other cases, the courts provide a framework for administering a
particular law explaining that only certain kinds of actions are constitutional while other
types of applications are unconstitutional.
b) American citizens have rights guaranteed by the Constitution that are protected against
unfair actions by the national and state governments. Legal residents and visitor on U.S. soil
have protected rights also. If a citizen or legal resident can claim that his or her rights were
violated on the state level, the federal courts may become involved in deciding cases that
involve state laws and even state constitutions. Fourteenth Amendment protects all U.S.
citizens from violation of their rights by all levels of government. The protections against
oppression by the national government were gradually extended over time to protect
citizens from similar oppressions by state governments.
Lesson 21: Expressed, Implied, Reserved and Concurrent Powers
1) I can explain the differences between expressed, implied, reserved, and concurrent powers
a) Expressed Power / Enumerated – These powers define jurisdiction boundaries in which the
federal government has authority; found in Article I, Section 8 of the Constitution. The
Constitution’s framers granted Congress specific powers that ensured its authority over
national government and foreign affairs.
b) Implied Power (The Elastic or Necessary and Proper Clause) - Powers used by the national
government not specifically defined in the Constitution.
c) Reserved Power (The 10th Amendment affirms this right) – Powers not delegated to the
federal government fall within each state’s rights to govern. Tenth Amendment was
included in the Bill of Rights to calm the Anti-Federalist
d) Concurrent Power – Shared powers and functions between states and the federal
government. Ex. Taxing, borrowing, and making and enforcing laws to establish court
systems.
2) I can provide examples of expressed, implied, reserved, and concurrent powers.
a) Examples of Expressed Powers – To provide for the general welfare of the population, it can
tax, borrow money, regulate interstate and foreign commerce, and protect property rights.
The federal government can raise and support armies and declare war, Congress is
specifically permitted to regulate trade relations with foreign powers.
b) Examples of Implied Powers – These are powers used by the national government that
aren’t expressly written in the Constitution but are assumed through interpretation. The
elastic clause – “Necessary and Proper Clause,” which enables Congress “to make all laws
which shall be necessary and proper for carrying” out its Constitutional responsibilities. This
clauses enables the national government to expand its authority beyond what’s specified in
the Constitution. Congress can declare war and raise an army, but has no enumerated
authority to compel service.
c) Examples of Reserved Powers – Each state has its own health and safety rules and even its
own marriage and divorce laws, because the Tenth Amendment affirms state’s rights and
provides the states with reserved powers. States traditional regulate intrastate economic
activity.
d) Examples of Concurrent Powers – National government and state authority share authority.
The shared and functions are referred to as concurrent powers – such as taxing, borrowing,
and making and enforcing laws to establishing courts system.
3) I can explain how the Constitution grants supremacy to the national government with the
Supreme Clause.
a) Supreme Clause in Article IV of the Constitution regulates relationships between federal and
state government by declaring that the Constitution and federal law are the supreme law of
the land. If the state law clashes with the federal law that’s found to be within the national
government’s Constitutional authority, the federal law prevails. The intent of the Supreme
Clause is to affirm that one body of laws binds the country.
4) I can explain the purpose of the Full Faith and Credit Clause and the Privileges and Immunities
clause.
a) Full Faith and Credit Clause – requires the states to accept court decisions, public acts, and
contracts of other states. An adoption certificate or driver’s license issues in one state is
valid in any other state. Public records and acts such as diplomas and marriages are also
recognized in all 50 states.
b) Privileges and Immunities Clause (of Article IV) – States are prohibited from discriminating
against out-of-state resident by denying them such guarantees as access to courts, legal
protection, property rights, and travel rights. This clause also means to promote national
unity across the entire country.
Lesson 22: Federal and State Power
1) I can describe the growth of the federal government’s power relative to the states.
a) Due to tension between the national government and states, the Supreme Court had to
provide clarity for the expressed power given to Congress of regulating commerce and the
ways in which the Necessary and Proper Clause functioned to provide an additional set of
power implied in the Constitution.
2) I can explain how Gibbons v. Ogden and McCulloch v. Maryland illustrate how the Supreme
Court expanded the power of the national government through the Necessary and Proper
Clause’s implication of expanded powers, Supreme Clause, and the expressed power of
Congress to regulate commerce.
a) In the McCulloch v. Maryland Case– Chief Justice argued that Congress could create a
national bank even though the Constitution did not expressly authorize it. Under the
Necessary and Proper Clause of Article I, the Section 8, the Supreme Court asserted that
Congress could establish “all means which are appropriate” to fulfill “the legitimate ends” of
the Constitution. The bank was an appropriate instrument that enabled the national
government to carry out several of its enumerated (expressed) powers, such as regulating
interstate commerce, collecting taxes, and borrowing money. Also, The Supremacy Clause
was accomplished in this case, because the Supreme Court ruled in favor of the federal
government thus acknowledging federal law supreme in the Constitution.
b) In the Gibbons v. Ogden Case – The Supreme Court had to interpret the Commerce Clause
of Article I, Section 8. It had to determine whether the federal government had the sole
authority to regulate the licensing of steamboats operating between New York and New
Jersey. Aaron Ogden obtained an exclusive license from New York State to operate
steamboat ferries between New York City and New Jersey. Ogden sued Gibbons, who was
operating the ferries along the same route under a coasting licensed issued by the federal
government. Chief Justice Marshall ruled in favor of Gibbons and that strengthened the
power of the national government. The interstate commerce was interpreted broadly to
mean “commercial intercourse” among states, thus expanding the authority of Congress to
regulate navigation, which was the issue between Gibbons v. Ogden. It also explained its
specific expressed powers.
Unit 4
Lesson 23: Congressional Elections
1) I can identify some of the differences of the House of Representatives and Senate, including
eligibility, term lengths, and numbers of members.
a) House of Representative –
1) To be elected: Must be a U.S. citizen for at least 7yrs and at least 25yrs old.
2) Term of Office: Representatives Serve two-year terms. Must regularly answer to
constituents (Partisanship – supports of specific causes)
3) The number of representatives per state is proportional to a state’s population.
4) House members are elected by the voters in their specific congressional districts. There
are 435 House members and there are 435 congressional districts, with each state
having a number of House members roughly proportional to its share of the total U.S.
population.
5) After each state receives one representative, additional representatives are allocated by
population.
6) States are guaranteed at least one House member, regardless of their population.
b) Senate –
1) To be elected: Must be a U.S. citizen for at least 9 yrs and at least 30yrs old
2) Two senators for each of the 50 states.
3) Term of Office: Must maintain broad appeal to win majority. (Less direct scrutiny from
constituents). Senators serve six-year terms.
4) Each states elects two senators, regardless of population.
2) I can explain how structural differences between two-year term of a member of Congress and
the six-year term of a senator forces the House of Representatives and Senate to function
differently.
a) House of Representatives Higher Partisanship 2 Year Terms:
1) Answers to constituents’ demands regularly (2 years). Because members serve short
two-year terms, representatives must regularly answer to the demands of their
constituents when they run for election or reelection.
2) Seeks narrow interest of smaller groups of constituents
3) Disagrees with same party because of specific district demands
4) Deals with popular/fleeting demands faster
5) Requires stronger structured leadership.
6) House authored their own versions of the legislation.
b) Senate Lower Partisanship 6 year terms
1) Takes longer time before they answer to constituents (6 years). In contrast, members of
the Senate are further from the demands and scrutiny of their constituents, because the
senators serve a six-year term they are forced to meet the demands of their
constituents until they are forced to seek reelection.
2) Maintains a broader view to retain majority support from constituents across a state.
3) Slows down or stops legislation they dislike.
4) Requires less structured leadership
5) Senate authored their own versions of the legislation.
3) I can explain how congressional campaigns are funded in the United States, including
important reforms that have shaped the process.
a) Congressional campaigns are funded in the U.S. by corporate contributions, fundraising,
donors (made individual contributions) and actual congressional work.
b) Congress pushed through a flurry of reforms intended to bring order to the world of
campaign finance, between the late nineteenth century and the start of World War I.
These laws made it illegal for politicians to solicit contributions from civil service workers,
made corporate contributions illegal, and required candidates to report their fundraising.
Politicians and donors discovered these laws were full of loopholes and were easily skirted
by those who knew ins and outs of the system.
c) Federal Election Commission Act (Reform) – Passed in the early 1970s, required candidates
to disclose where their money was coming from and where they were spending it, limited
individual contributions, and provided for public financing of presidential campaigns.
d) Bipartisan Campaign Reform Act – In 2002, Senators John McCain (R-AZ) and Russell
Feingold (D-WI) drafted the Bipartisan Campaign Reform Act (BCRA). Congress passed the
act. The purpose of this law was to limit the use of “soft money”, which is raised for
purposes like party-building efforts, get-out-the-vote efforts, and issue advocacy ads
(advertisements that bring awareness to a particular issue but don’t expressly advocate for
or against a candidate).
4) I can distinguish between hard money and soft money
a) Soft money – Contribution to a political party that isn’t accounted as going to a particular
candidate, thus avoiding various legal limitations. Soft money had almost no regulations or
limits. Soft money is spent by PAC (Political Action Committee)
b) Hard money – contributed directly to a candidate, which is heavily regulated and limited.
Hard money directly relates to the candidate or campaign.
5) I can explain reasons why incumbents win a large majority of congressional races each
electoral cycle.
a) The amount of money they raise against their challengers demonstrate their advantage.
This is one the many reasons incumbents win a large majority of congressional races each
electoral cycle. Donors are more likely to give to a proven winner. Incumbents attract more
money because people want to give to a winner.
b) Incumbents have a much higher level of name recognition. Voters are far more likely to
select the name of the person they recall seeing on television and hearing on the radio for
the last few years, than the name of person they hardly know. Parties usually prefer to back
an incumbent
c) A large percentage of congressional districts across the country are “safe seats” in
uncompetitive districts. The candidates from a particular party are highly like to
consistently win the seat. This means the functional decision in these elections occurs
during the primary, not in the general election. The decision on which political party
candidate to support in the primary usually determines the outcome in the general election.
Lesson 24: Presidential Elections
1) I can describe the process to become a president, including meet eligibility requirements,
finding supporters, winning primaries and caucuses, and appearing at a National Convention
for their party.
a) 1. Presidential candidates announce their intentions to run for president. 2. Start their
campaign season early as the campaign process becomes even more costly. 3. Debates are
apart of campaign season. Only those candidates polling greater support were allowed to
participate in the more important prime-time debates. Runner-ups spoke in another
debate. 4. The process of going straight to the people through primaries and caucuses has
created some opportunities for party outsiders to rise. Primaries offer tests of a candidate’s
popular appeal while state caucuses testify to their ability to mobilize and organize
grassroots support among committed followers. 5. Candidates who want to succeed in the
primary contests seek to align themselves with committed partisans, who are often at the
ideological extreme. 6. Primaries reward candidates in different ways, some giving the
winner all the status’s convention delegates while other distribute delegates
proportionately according to the distribution of voter support. 7. The order in which the
primary elections and caucus selections are held shape the overall race. 8. National
Convention are long promotional events for the candidates and their respective party. By
the 1970s, party conventions simply served to rubber-stamp the choice of the primaries.
b) In recent decades, the process for nominating a presidential candidate has included more
power for state primaries and a longer timeline for the process.
2) I can explain what a candidate must to do win the primaries.
a) Candidates who want to succeed in the primary contests seek to align themselves with
committed partisans, who are often at the ideological extreme.
3) I can explain what a candidate must to do win the general election.
a) A candidate must win a majority of the electoral college votes (270 votes). Electoral votes
are what ultimately elect a president and Vice President.
4) I can explain how the Electoral College works
a) The electoral college has 538 maximum votes. To win, a candidate must gain 270 votes.
Each state’s delegates vote for the candidate that gets the most votes in their state or area.
Lesson 25: How Candidates Get Elected
1) I can explain how candidates for the US House of Representatives are nominated and elected.
a) To serve in the House of Representatives - need to 25 years of age, be a US citizen for at
least 7 yrs and reside in the district you represent. Winning campaigns for the House
average $1.5 million.
b) To serve in the Senate – need to 30 years of age, with nine years as a US Citizen and reside
in the state they will present. Winning campaigns for the Senate $12.2 million.
c) Candidates declare candidacy which involve filling out paperwork with both state and
national officials. States manage the actual election process. The federal government,
through FEC (Federal Election Commission), keeps an eye on your contributions and
spending. After securing enough funding, they’ll be geared up for a primary election.
d) To win the primary election, candidates need to out-party other party members. Candidates
need to make themselves known through name recognition, policy positions, and whether
or not you can convince voters to trust with this responsibility.
e) Winning the primary election, moves the candidate on to the general election. Becoming
Republican or Democratic Party sets up the candidate for additional funding from the state
and national parties, as well as groups disposed to their party affiliation.
f) To win the general election, to which the candidate gets elected to Congress, the candidate
must focus on getting the votes of 2 new groups: those of the opposing party and those
who are affiliated with any party. 1) Dissuade the voters supporting other parties and
candidates from showing up to the polls. 2) Candidate must make a strong pitch to attract
the independent (swing voters), who aren’t committed to a political party. To attract the
independent voters, they need to moderate their tone and policy positions. 3) More
importantly, get the votes of the candidate’s political party on Election Day will offset the
votes cast by voters supporting the other’s party candidate.
g) Running for office as a republican in a congressional district or state dominated by
Democrats, then the chances are good. This more common these days, given the
congressional districts are gerrymandered.
2) I can explain how candidates for the presidency are nominated and elected.
a) To run for president of the US, a candidate must meet constitutional requirements that are
controlled by political parties. It’s a detailed process requiring multiple steps and
requirements. President manages 50 states campaigns.
b) Presidential candidates are nominated at national convention party conventions. The
delegates to this convention are selected in each state. To be the presidential nominee of a
political party (Dem or Rep), the candidate needs to secure enough state-level delegates. In
order to win over a majority of the delegates and secure the presidential nomination, the
candidate competes against other candidates, by state, in series of primary elections and
caucuses.
c) The delegate selection process is between February and June of the presidential election
year. The candidate has to get their organization in place, well before February, especially
in the caucus states, where their loyal supporters gather to advocate for them in the party
caucuses, which start out on local levels, then regional levels and culminate (reaches the
highest point) in a state political party convention. Most states hold primary elections to
allocate delegates.
d) The candidate’s popular vote total (number of caucus supporters) you have determines the
number of state’s national party delegates the candidate gets. These delegates are pledged
to the candidate, they have to at least support the candidacy at the convention.
e) Once a candidate acquires a majority of the delegates, the nomination process is over,
except for the formalities.
f) If no candidate acquires a majority of the party delegates, then the nomination will play out
during the convention (known as a brokered convention).
Lesson 26: Electoral College
1) I can explain how the electoral college works
a) Constitution, in Article II, Clause II and in 12th Amendment, specifies a process for electing
the president and Vice President. The process involves the use of presidential electors
(people specifically selected to cast votes for the president and Vice President. The votes
cast by these Electors are called electoral votes. To become president (or Vice President),
a candidate needs to receive a majority of the electoral votes, which is 270 electoral votes.
Currently, there are 538 electors that are appointed. The Constitution lets the states (or
Congress in the case of the District of Columbia) appoint Electors. The body of Electors from
the several states are called Electoral College. Electors are allocated among the several
states based on a state’s total representation in Congress. Electoral votes are distributed
among states based on the total congressional representation. One elector for each
member of a state’s House of Representatives and two electors for the state’s senators. No
state can have fewer than two senators and one representative, the minimum number of
Electors a state can have is three. The number of electors can change based on the
reapportionment of representatives after the Census. Electoral votes are distributed among
that states according to total congressional representation.
2) I can describe the role of electors in the “Electoral College”
a) Presidential Electors are responsible for the election of a president and Vice President. The
presidential candidate or political party nominates the Electors. If the presidential
candidate receives the most popular votes in the state’s general election, the role of the
state is to dutifully appoint these nominees as the State’s Electors. The electors will cast
their votes for the presidential candidate, or candidate of the political party, who nominated
them (electors can’t vote for two people from the same state). A a rule, Electors are faithful
in their duty. 25 states have laws which require an Elector to uphold his or her pledge to
vote for the candidate who nominated them. Electors who violate this pledge can be
replaced or fined.
b) If no one receives a majority votes in the Electoral College, the choice goes to the House of
Representatives to determine who of the top three finishers will be elected with each state
having one vote.
c) Electoral votes and swing states determine the outcome of the presidential election.
d) District Method – Electoral votes of a state are allocated among presidential candidates
according to the popular vote outcome in each Congressional districts (1 electoral votes),
and the overall state popular vote outcome (2 electoral votes)
e) The advantage of the Electoral College system is that its has always worked.
f) A candidate must win a plurality of the state’s popular vote.
3) I can differentiate between “safe states” and “swing states”
a) Safe States – states that definitely favor you or your opponent. These are the states that
the presidential campaigns are certain they will either win or lose and are unlikely to
produce a popular vote win for the opponent.
b) Swing States – States that haven’t made up its mind. The presidential candidate must
convince the voters in these states that they are the better candidate. These states offer
the possibility of winning. There are 13 switch states (158 electoral votes)
Lesson 27: Introduction to Interest Groups
1) I can define interest groups
a) Interest groups (interest organizations, pressure groups or just interests) – any formal
association of individuals or organizations that attempt to influence government decisionmaking and the making of public policy. This influence is exercised by a lobbyist or a
lobbying firm.
b) Association – An interest group comprised of many groups or institutions with similar
interests.
c) A lobbyist is someone who represents the interest or organization before the government.
A lobbyist is usually compensated for doing so and is required to register with the
government which he or she lobbies. Their primary goal is usually to influence public policy.
2) I can compare various types of interest groups
a) Private interest groups – Interest groups that seek specific benefits from the government
that favor narrow interests. Private interest groups seek benefits that are specific to an
individual or group from which others can be excluded. Their goal is to promote private
goods (For ex. Corporations and political institutions may lobby government for tax
exemptions, few regulations or favorable laws that benefit individual companies or an
industry more generally. Private goods are items individuals can own, including corporate
profits.
b) Public interest groups – Interest groups that pursue outcomes or goods that they perceive
to be useful for most or all citizens. Public interest groups attempt to promote public or
collective goods. Collective goods are benefits – tangible or intangible – that help most or
all citizens. These goods are produced collectively. Collective goods are often underfunded
and under-produced unless there’s government involvement, because they may not be
profitable and everyone may not agree on what’s best for society (For ex. Collective goods
are public safety, highway safety, public education, and environmental protection.
c) Membership organizations – Membership groups often consists of people how have
common issues or concerns, or who want to be with others who share their views.
Individuals join voluntarily and usually pay dues (For ex. NRA – National Rifle Association is
membership group consisting of members who promote gun rights). For those who oppose
gun violence and advocate greater regulation to access firearms, such as background checks
prior to gun purchases the Brady Campaign to Prevent Gun Violence is a membership
organization that weighs in on those issues.
d) Corporate organizations – These groups don’t have individual memberships, but are
offshoots of corporate or government entities with a compelling interest to be represented
in front of one or more branches of government. Verizon and Coca-Cola register to lobby in
order to influence policy in a way that benefits them.
3) I can identify various strategies of interest groups
a) Inside Lobbying (direct lobbying) – takes the interest group’s message directly to a
government official such as a lawmaker. These lobbying efforts are targeted directly at
government officials. Inside lobbying tactics include testifying in legislative hearings and
help to draft legislation. Inside lobbying is usually based on provision information to elected
officials, administrators and their staff.
b) Outside Lobbying (indirect lobbying tactics) – interest attempts to get its message out to
the public. Outside Lobbying is intended to influence public opinion which will in turn
influence elected officials. These tactics include press releases, placing stories and articles in
the media, entering coalitions with other groups, and contacting interest group members,
hoping that they will individually pressure lawmakers to support or oppose legislation.
c) Political Action Committees (PACs) – groups organized to collect funds from donors and
distribute them to political candidates. Some interest groups will offer financial or other
campaign support to candidates. Corporations, unions, and interest groups must form PAC
in order to make contributions to campaigns.
Lesson 28: PACs and Super PACs
1) I can explain how interest groups seek to influence elections by contributing money to
election campaigns.
a) Interest groups must form political action committees (PACs), groups that collect funds
from donors and distribute them to candidates who support their issues. PACs are limited in
the amount of money they can contribute to individual candidates no more than $5000 per
candidate and no more than $15,000 a year to a national political party. Individual
contributions to PACs are limited to $5000 a year.
b) Legislative Strategy is one strategy interest groups might pursue to influence policy through
campaign contributions. Interest groups donate to try to influence the choices a legislator
makes. Interest groups give money hoping to later have access to a representative. Groups
pursuing this strategy give money so they can get a “foot in the door” and have a chance to
influence the legislator using information and their best persuasive efforts.
c) Electoral Strategy is another strategy interest groups work as hard as they can to elect
candidates who already support their preferred positions. If they can succeed in electing
candidates who already agree with their group’s goals, there is little need for lobbying.
2) I can compare interest groups to PACs and Super PACs
A) PACs and Super PACs are the legal mechanisms through which interest groups make
contributions.
B) PACs are limited in the amount they can give, but can coordinate their activities with
candidates. PACs collects a pool of money to donate to or against certain candidates or
issues. PACs are limited to contributing $5000 per candidate, per election (in 2002)
C) Super PACs is a group created to raise and spend money to influence an election. The
groups can raise and spend unlimited amounts of money but can’t coordinate their activities
with the candidate. Super PACs can’t directly donate to campaigns, but can fund advertising
focused on a federal candidate. Super PACs can’t be connected to a candidate, campaign, or
specific party. Corporations and unions can spend virtually unlimited amounts of money on
behalf of political candidates through PACs. Super PACs can’t give money directly to
individual candidates.
3) I can describe how the Supreme Court’s decision in Citizens United vs. Federal Election
Commission affected campaign funding.
a) The decision reversed the restrictions of McCain-Feingold Act in regards to campaign
spending. There is no limit on how much money unions or corporations can donate to Super
PACs. In the Citizens United decision, the Supreme Court held that corporations and unions
have free speech rights and under those rights, they are entitled to spend as much money as
they like advocating for their own interests as long as they don’t coordinate their activities.
Many millions of dollars are now spent by Super PACs in every election. Super PACs may
sometimes spend money to relay messages that candidates themselves wouldn’t approve
of. Campaigns have become increasingly expensive and candidates would have great
difficulty raising money with more restrictions.
Lesson 29: Interest Group Strategies
1)
I can describe several strategies used by interest groups to influence the actions of the
government.
a) Interest groups first target lawmakers they think will consider introducing or sponsoring
legislation in support of their preferred policies. These are elected officials who are already
strong supporters of the work of the interest group.
b) Second, they target members of relevant committees (for ex. If a company that makes
weapons systems wants to influence a defense bill, it will lobby members of the Armed
Services Committees in the House and the Senate, or the House and Senate Appropriations
Committees, if the bill requires new funding.
c) Third, interest groups target lawmakers when legislation is on the floor of the House or
Senate.
d) Finally, since legislation must pass both chambers (House and Senate) in identical form,
interest groups may target members of the conference committees whose job it is to iron
out the differences across the chambers.
e) Interest groups may target the executive branch of government, whose job is to implement
the law, once legislation has been passed.
f) Interest groups may lobby executive branch on executive, judicial, and other appointments
that require Senate confirmation. Interest group members may be appointed to positions in
which they can influence proposed regulation of the industry of which they are a part.
Amicus Brief are designed to give groups that are not parties to a case a way to share their
opinions about a case – The Judicial Branch is the branch of government that an interest
group lobbies when it files an amicus brief.
g) Interest groups lobby all three branches of government.
2) I can describe strategies used by interest groups to increase voter turnout and influence
voters.
a) Interest groups can provide their members (or even the general public) with information
that can influence voting decisions in elections.
b) Interest groups can undertake actions to increase voter turnout.
c) Interest groups can inform voters and the public (perhaps through voter guides with
candidate ratings) to make them aware of the candidates’ positions on key issues.
Lesson 30: Factors that Affect Voter Registration
1) I can explain how state-run elections result in somewhat different election rules
a) Elections are organized and paid for by the states. Because political cultures vary from state
to state, the process of voter registration similarly varies. For Ex. An 85 yr old retiree with
an expired driver’s license wants to register to vote. She might be able to register quickly in
California or Florida with an expired ID, but a current government ID might be required prior
to registration in Texas or Indiana.
2) I can describe voter registration process
a) Online or paper voter registration application will list the voter’s name, residency address
and party identification. Residency requirement may be required by states; which is often
30 days. Applicants may be asked more questions (such as whether the citizen is a
convicted felon) or there may be an oath administered. If the application is online and the
citizen has government document (such as drivers license or state ID), the system will
compare the application to other state records and accept an online signature or affidavit if
everything matches.
3) I can explain how some voter registration requirements have historically disenfranchised
African Americans
a) Southern states enacted literacy tests, grandfather clauses, and other requirements
intended to disenfranchise African American voters in Alabama, Georgia, and Mississippi,
after the Civil War. Literacy tests were detailed and long exams on local and national
politics, history, and more.
b) Poll Taxes required voters to pay a fee to vote (a fee required historically with the intention
of preventing African-Americans from voting. Grandfather clauses exempted individuals
from taking the literacy test or pay the poll tax, if they or their fathers or grandfathers had
been permitted to vote prior to a certain point. Poll taxes were banned by the 24th
Amendment.
4) I can describe various factors that affect voter registration in the US.
a) States may require registration to take place as 30 days before voting or may allow sameday registration. 14 States and DC now allow voters to register the day of the election if
they have proof of residency such as driver’s license or utility bill. Populous states (like
Michigan and Texas) require registration forms to be mailed 30 days before an election.
Citizens moving must re-register or update addresses. College students may have to reregister or update addresses each year as they move. For states with closed primaries, its
important for voters to be allowed to register into whichever party they prefer.
Lesson 31: Voting Amendments
1) I can explain how voting laws and amendments have influenced political participation
a) Voting laws and amendments banned restrictions on voting that were based on race, skin
color or having previously been a slave. This afforded African Americans the right to vote
without being subjected to discriminatory practices that made it hard to vote.
2) I can explain how the 15th Amendment affected political participation
A) In the years after the Civil War, The 15th Amendment was passed which guaranteed that
neither federal nor state government can prohibit someone from voting on account of
“race, color or previous condition of servitude.” This afforded African Americans the right
to vote, without discrimination. However, it would be nearly a century before African
Americans would be able to vote in large numbers
3) I can explain how the 19th Amendment affected political participation.
A) The passage of the 19th amendment in1920 provided women the right to vote. The federal
or state governments can’t prohibit someone from voting on account of their sex, color or
previous condition of servitude. Women didn’t immediately being participating in elections
at the same rate as men until the passage of the 19th amendment. States made decision
about whether women would be allowed to vote. Western states or territories (beginning
with Wyoming, Utah, Idaho, Washington, and Colorado) extended the right to vote to
women in the late 1800s, as the women’s suffrage (the right to vote in political elections)
movement grew in the 19th century. Although, National equality in voting for women
wasn’t achieved until later in 1920.
4) I can explain how the 24th Amendment affected political participation.
a) The 24th amendment prohibited the practice of poll tax, a fee charged to register to vote
imposed on African Americans in the southern states. The passage of the 24th amendment
in 1964, in conjunction of the Voting Rights Act and other legislation, helped to significantly
increase voter participation among African Americans.
5) I can explain how the 26th Amendment affected political participation
a) The passage of the 26th Amendment, lowered the voting age to 18. Young people in the
18-20 age group exercised their right to vote in their first election afforded to them in
1972. Since that time, levels of participation by the youngest eligible voters have tended to
be rather low, hovering in the 35-39% range. Prior to the 26th amendment, the required
age to vote was 21 yrs old.
Lesson 32: Factors that Affect Voter Choice
1) I can describe the factors that influence voter choice
a) Citizens vote using party affiliation. A voter’s party identification is the often the best
predictor of how he will vote. Party-line voting is said to be a rational behavior because
citizens register for parties based upon either their position preference or socialization.
Citizens use party identification via Straight-ticket voting, which is choosing every
Republican or Democratic Party member on the ballot.
b) Voters make decisions based upon candidates’ physical characteristics, such as
attractiveness or facial features and gender or race because they assume the elected official
will make policy decisions based on a demographic shared with voters.
c) Voters look at issues or the economy when making a decision. A Single-issue voter may look
at a candidate’s position on a particular issue, single-issue voting may not require much
more effort by the voter than simply using party identification. Many voters are likely to
seek out a candidate’s position on a multitude of issues before making a decision.
d) Retrospective voting (voting based on things that have transpired in the past) happens
when the voter looks at the candidate’s past actions and the past economic climate and
makes a decision only using these factors.
e) Pocketbook voting – occurs when the voter looks at his or her personal finances and
circumstances to decide how to vote (Someone having a harder time finding employment or
seeing investments suffer during a particular candidate or party’s control of government will
vote for a different candidate or party than the incumbent.)
f) Prospective voting – occurs when the voter applies information about a candidate’s past
behavior to decide how the candidate will act in the future.
g) Incumbency – voters also make their decision through incumbency – Incumbency
advantage is the tendency of voters to re-elect the candidate who is currently serving in a
position, select candidates who have previously served.
2) I can explain how voter turnout is measured
a) Counting how many ballots were cast in a particular election. These votes must be on time,
either by mail or in person.
b) Count how many people could have voted in the same election. This number causes
different people to calculate different turnout rates.
c) Subsections of the general population are counted to calculate voter turnout. Next largest
population is the voting-age population (VAP) which consists of person who are 18 and
older. Some may not be eligible to vote in their state, but they’re included because of the
age.
d) Voting-eligible population (VEP) consist of citizens 18 and older who, whether they have
registered to vote or not, are eligible to vote because they are citizens, mentally competent,
and not imprisoned. Statisticians who use VEP, generally take the VAP and subtract the
state’s prison population and any other unknown group that can’t vote, to get a more
accurate result in determining voter turnout.
e) Smallest population is registered voters, which are citizens who are currently registered to
vote.
f) Mail-Only voting systems – have the greatest improvement in voter turnout.
3) I can describe factors that decrease voter turnout.
A) Non-Mandatory Participation – low national turnout is participation to vote isn’t
mandatory.
B) Issues at the Voting Polls – One method to limit voter access is the requirement to show ID
at polling places.
C) Limited Days of Election – Another reason for voting is that polling places may be open only
on Election Day. Other states with early voting, have shown a decline in voter turnout,
because there’s less social pressure to vote when voting is spread over several days.
D) Apathy – Some people avoid voting because they feel that their vote is unlikely to make a
difference or that the election is not competitive. (If one party has a clear majority in a state
or district, members of the minority party may see no reason to vote)
E) Social Protest – Some voters may view non-voting as a means of social protest or see
volunteering as a better way to spend their time. Young people are more likely to volunteer
their time, rather than to vote.
Lesson 33: Civil Rights
1) I can define civil rights – something the government is obligated to provide, such as fair trial,
equal treatment, and the ability to vote. Civil rights are an expression of the government’s
responsibilities to us individually.
2) I can contract civil rights and civil liberties
a) Civil Rights – are the legal rights that protect individuals from discrimination (think:
employment discrimination, free from unequal treatment based on protected
characteristics (gender, disability etc)). The government is obligated to provide equal
treatment and the ability to vote. Civil Rights are by definition, a part of the Social contract.
6 of the 17 post-Bill of Rights Amendments deal with voting. Civil Rights require the
government to act to protect our interests.
b) Civil Liberties – are freedoms guaranteed to us by the Constitution to protect us from
tyranny (think: our freedom of speech, freedom of religion, freedom of press). Civil
liberties are restrictions on government power.
3) I can describe discrimination – The unjust or prejudicial treatment of different categories of
people or things, specially on the grounds of race, age, sex or gender. Discrimination is
allowable under the Constitution on something of a sliding scale, depending on who the target
of the discrimination is, why the discrimination exists, to what extent the discrimination
negatively impacts its target.
4) I can explain the 13th, 14th, 15th, 19th, 24th, and 26th Amendments:
a) 13th amendment - Ratified in 1865, the Thirteenth Amendment makes slavery and
involuntary servitude illegal (Amendment served to formally emancipate all slaves in the
United States). However, persons duly convicted of a crime can be made to labor without
pay.
b) 14th Amendment – Ratified in 1868, importance comes from the amendment’s formal
definition of National citizenship and its requirement that states respect the “privileges or
immunities” of the citizenship. This amendment requires, over time, that states respect
your rights under the Constitution. 14th amendment granted citizenship and equal civil and
legal rights to African Americans and slaves who had been emancipated after the American
Civil War, including them under the umbrella phrase “all persons born or naturalized in the
United States (Equal Protection Clause)
c) 15th Amendment – Ratified in 1870, 15th Amendment prohibits the denial of voting rights on
account of “race, color or previous condition of servitude.” Essentially, this amendment
grants newly freed African American males the right to vote.
d) 19th Amendment – Ratified in 1920, prohibits the denial of voting right on account of sex.
This amendment was necessary because the 14th amendment’s equal protection clause
didn’t apply to the right of women vote.
e) 24th Amendment – Ratified in 1964, prohibits the denial or abridgment of voters in primary
or general elections, when voting for president or a member of Congress, because of a
failure to pay any poll tax or any other tax. Poll taxes were a common method used in the
South to limit voting by lower income citizens, in particular African Americans, who were
often unable to pay a poll tax.
f) 26th Amendment – Ratified in 1971, prohibits the denial or abridgment of voting for any
person 18 yrs of age or older.
5) I can identify laws that protect against various forms of discrimination
a) Age Discrimination in Employment Act – Passed in 1967, prohibits discrimination against
persons 40 yrs of age or older in hiring, promotion, discharge, compensation or term,
conditions, or privileges of employment.
b) Age Discrimination Act of 1975 – This law prohibits discrimination on the basis of age in
programs activities that receive federal assistance, such as education, healthcare, housing,
and rehabilitation.
c) Racial Discrimination – Civil Rights Act of 1957 – law prohibits the intimidation, coercion, or
interference with the rights of person voting for president or members of Congress on the
basis of race, color, religion or national origin.
d) Civil Rights Act of 1964 – Law outlaws discrimination based on race, color, religion, sex, or
national origin. Prohibits unequal application of voter registration requirement, segregation
in schools, employment, and public accommodations.
e) Voting Rights Act of 1965 – Law prohibits racial discrimination in voting.
f) Fair Housing Act (Title VIII of the Civil Rights Act of 1968) – This law requires equal housing
opportunities regardless of race, religion, or national origin.
g) Disability Discrimination – Section 504 of the Rehabilitation Act of 1973 – This law
extended civil rights to people with disabilities, in particular regarding education and
employment. It allows for the reasonable accommodation of such persons.
h) Americans with Disabilities Act (ADA) – This law passed in 1990, prohibited discrimination
based on disability, required employers to make reasonable accommodations for employees
with disabilities, and created accessibility requirements for public accommodations.
i) Sex and Gender Discrimination – The Equal Pay of 1963 – This law made it illegal to pay
different wages to men and women who perform equal work in the same workplace.
j) Title VII of the Civil Rights Act of 1964 – This law made it illegal to discriminate against
people on the basis of race, color, religion, national origin, or sex. Also made retaliation
against a person who complains about such discrimination.
k) Title IX (Education Amendment of 1972) – This law made it illegal to discriminate on the
basis of sex in any education program or activity receiving federal financial assistance.
l) Pregnancy Discrimination Act of 1978 – This law made it illegal to discriminate against
women because of pregnancy, childbirth, or related medical conditions.
Lesson 34: Discrimination and the Plight of African Americans
1) I can describe the struggles of African Americans and other groups have faced in securing civil
rights
a) African Americans have suffered being enslaved, racial discrimination, racial inequality,
denial of voting rights for women and African Americans, legal and ethical discrimination,
discrimination based on gender, sex, race, national origin, and religion, and housing
discrimination.
2) I can explain the three levels of scrutiny
a) Rational Basis Test – used in most cases of discrimination, the government has to
demonstrate only that it has a good reason for engaging in discrimination. Unless the
person or group challenging the law can prove otherwise, the courts will generally decide
the discriminatory practice is allowed. As long as there’s a reason for treating some people
differently, that’s “rationally related to a legitimate government interest”, the
discriminatory act or law or policy is acceptable. For ex. Allowing blind people to drive cars
is a danger to other drivers.
b) Intermediate Scrutiny – This scrutiny requires the government to demonstrate that treating
men and women differently is “substantially related to an important governmental object”
Intermediate scrutiny comes into play when discrimination is based on gender or sex. The
burden of proof for the legitimacy of the discrimination now rests with the government (or
whoever engages in discrimination), has to demonstrate why the unequal treatment is
justified.
c) Strict Scrutiny – the highest degree of scrutiny which the Supreme Court applies in two
types of cases. First type includes cases where fundamental constitutional rights were
infringed upon, such as freedom of speech or religion. Second type includes cases in which
government action applies to a “suspect classification”, such as race or national origin.
3) I can trace the roots to the Civil Rights Movement prior to 1954
a) Roots of the Civil Rights Movement that took place in the 1950s to the 1960s can be traced
back to the early part of the 20th century. The NAACP founded in 1909, started to challenge
Jim Crow laws in the federal courts, in the 1930s. NAACP challenged racial discrimination in
higher education, scoring a win in Missouri ex rel Gaines v. Canada, where the Supreme
Court required states which provided higher education to white also provide similar
opportunities to African Americans, this was a partial win for the NAACP, because the
Supreme Court accepted separate but equal opportunities. The case in Brown vs. Board of
Education, the Supreme Court unanimously reversed itself and overruled the “separate but
equal policy) established in Plessy v. Ferguson.
4) I can describe significance and outcomes of the Civil Rights Movement.
a) The Civil Rights Movement publicly highlighted the injustice of the unequal treatment
experienced by African Americans, which was taken on my grassroots organizations that
emerged in the post-World War II era. Collectively, these groups (Southern Christian
Leadership Conference (SCLC), the Congress of Racial Equality (CORe), and the Student
Nonviolent Coordinating Committee (SNCC), organized voter education and registration
drives, marches and demonstrations, acts of nonviolent civil disobedience, workers’ strikes,
and economic boycotts. Boycotts and Demonstrations were met with horrific violence in
the Southern states, drawing the attention to the plight of African Americans and to
support demands for congressional action. Congress passed the Civil Rights Act of 1964,
which prohibited the unequal application of voter registration requirements, segregation in
schools, and discrimination in employment and public accommodations. This law addressed
not only race and color, but religion, sex and national origin. Congress was compelled to
pass the Voting Rights Act of 1965, as the South continued to resist change. Congress’s final
passage was the Civil Rights Act of 1968, which requires equal housing opportunities
regardless of race, religion or national origin. These three acts today still serve as the core
for civil rights protection in the US.
Lesson 35: Civil Liberties
1) I can define civil liberties – Limitations on government power, its intended to protect freedoms
that governments may not legally intrude on. Civil liberty is something that allows us control
over our private existence. Civil Liberties require the government to leave us alone; they are
proscriptions for government behavior. This prohibition is tempered by the definite of a specific
liberty in practice, rather than in theory, and by the debate of what is what is not a liberty.
2) I can identify some of the most fundamental liberties outlined in the Constitution.
A) Habeas corpus (Article I, Section 9) – a fundamental liberty that can be traced back as far as
Magna Carta (1215). This court-issued writ compels the government to justify someone’s
detention, in open court before a neutral judge. If the government is unable to persuade
this judge with valid reasons for holding that person, the person is let go.
B) Bills of Attainder (Article I, Section 9) – An act of a legislature, such as Congress declaring a
person guilty of a crime and levying a punishment. This is restriction placed on Congress.
Under the American system of checks and balances, this sort of thing isn’t allowed, thus bills
of attainder isn’t allowed.
C) Ex post facto laws (Article I, Section 9) – a law that retroactively makes an action or
behavior illegal. Being punished for something that wasn’t a crime at the time it was
committed is wrong. Congress isn’t permitted, in criminal matters, to apply a law
retroactively. This is a restriction placed on Congress. If something isn’t illegal at the time
you do it, you can’t be later prosecuted and punished for doing it.
D) Treason (Article III, Section 3) – A tool used by those in power to punish those who
challenged that power. Treason is defined as two witnesses to the same overt act or
confession in open court, no corruption of blood or forfeiture (except during life of the
convicted)
3) I can define De Facto Segregation 4) I can explain the significance of Brandenburg v. Ohio.
a) In regards to freedom of speech, the Court initially disposed toward restricting speech that
it felt jeopardized public safety, as it did in Schenck v. United States. However, over time,
the court gave greater deference (respect / humble submission) to speech and less to
government, ultimately declaring in Brandenburg v. Ohio that, in the absence of “imminent
lawless(ness), “ the government was restricted from punishing speech.
5) I can explain several rights of the accused.
a) Rights of the Accused – There are rights that regulate how the government can treat you
when you’ve been accused of committing a crime and ensure that due process of the law
plays out fairly. If the government prosecutes you for criminal activity 5th thru 8th
Amendment lays out a process for your prosecution and conviction. This process requires
the government to respect certain rights you have that ensure they process is fair.
1) No searches without a warrant and must be based on probable cause (4th Amendment)
2) A right to legal representation (6th Amendment) – Gideon v. Wainwright – Supreme
Court case set the precedent that poor defendants must be provided legal counsel in
felony cases.
3) A right to fair trial (6th Amendment)
4) A right to no cruel and unusual punishment (8th Amendment)
5) Due process of law necessary for deprivation of life, liberty, or property (5th
Amendment)
6) No self-incrimination (5th Amendment)
7) Just compensation for taking of private property for public use (5th Amendment)
8) Trial by jury in the state or district where the crime was committed (6th Amendment)
Lesson 36: Balancing Rights and Liberties with Public Safety
1) I can describe rights outlined in the 4th Amendment
a) 4th Amendment protects from overzealous efforts by the government to root out crime by
ensuring that law enforcement has good reasons before they intrude on our lives with
criminal investigations. 4th Amendment requires government officials to apply for and
receive a search warrant (search warrant), prior to a search or seizure. A search warrant is a
legal document, signed by a judge, allowing police to search or seize (or both) persons or
property.
b) Rights under the 4th Amendment
1) Warrants are necessary for searches and seizures to take place
2) Warrants must be granted by a judge who, acting on a sworn statement from law
enforcement, concludes there to be probable cause for the search or seizure.
3) Search Warrant exceptions:
A) A search warrant isn’t necessary when evidence of illegal activity is in plain sight.
B) A search warrant isn’t necessary if a person consents to the search
C) A search warrant isn’t necessary if the search takes place where the person lacks a
“reasonable expectation of privacy”
D) A search warrant isn’t necessary if the police fear that, during the time a warrant is
being sought, evidence will be tampered with or destroyed.
E) A search warrant isn’t necessary if the police reasonably suspect a person involved
in criminal activity.
2) I can describe exclusionary rule in regards to Mapp v. Ohio
a) The Supreme Court in, Mapp v. Ohio, decided that evidence obtained without a warrant
that didn’t fall under one of the search warrant exceptions couldn’t be used as evidence in a
state criminal trial.
b) Exclusionary Rule – a requirement, from Supreme Court case Mapp v. Ohio, that evidence
obtained as a result of an illegal search or seizure can’t be used to try someone for a crime.
The exclusionary rule applies to evidence found, to things seized without a warrant, and to
any evidence discovered or developed as a result of the initial illegal search and seizure.
3) I can describe right outlined in the 5th Amendment.
a) A grand jury indictment is necessary to indict you for a serious crime (except for crimes
committed within the military). 5th Amendment requires the government first prove to a
grand jury (a panel of 23 citizens who meet at regular intervals over an 18 month period)
that it is likely you committed the crime.
b) You can’t be tried for the same crime twice (double jeopardy)
c) Your life, liberty, or property can’t be taken without due process.
d) Protects against self-incrimination (“remain silent”) People can’t be compelled to give
evidence that would incriminate them to law enforcement during interrogation or during a
criminal trial.
e) Supreme Court ruled in Miranda v. Arizona case that its required that someone suspected
of criminal activity be informed of his most important constitutional rights (rights granted to
you in the Constitution), including the right against self-incrimination, before he could be
interrogated – Called the Miranda Warning.
4) I can describe rights outlined in 6th Amendment.
a) Entitled to a speedy and public trial.
b) Entitled to an impartial jury.
c) Your trial is to take place where the crime was committed.
d) You’re entitled to know what crime you’re alleged to have committed.
e) Entitled to confront any of the witnesses against you.
f) Entitled to compel people to testify on your behalf
g) Entitled to have an attorney present to assist in your defense.
5) I can describe rights outlined in the 8th Amendment
a) Protected from excessive bail – There’s a presumption of innocence and a sense of fairness
in the preparation of a person’s defense which argues for that person’s freedom before his
or her trial.
b) Protected from excessive fines
c) Protected from cruel and unusual punishment
Lesson 37: Protections and Privacy within the Bill of Rights
1) I can explain how the 2nd, 3rd, 5th, and 7th amendments offer protection and privacy to citizens
a) 2nd Amendment – provides the liberty of self-defense through the relatively unrestricted
ownership of firearms. Rights under the 2nd Amendment include a well-regulated militia is
necessary for the security of a free state. The right of the people to keep and bear arms
shall not be infringed. The Supreme Court, in District of Columbia v. Heller (2008), declared
there to be an individual right to bear arms.
Supreme Court’s decision in McDonald v. California case ruled that states may not interfere
with gun ownership relative to self-defense. States can not pass laws that prohibit gun
ownership. In United States v. Miller – the Supreme Court ruled that Congress could
regulate firearms that aren’t regularly used by the military because of the interpretation of
the 2nd Amendment clause regarding a “well-regulated militia”
b) 3rd Amendment – To protect homes and personal affairs from government intrusion. We
have privacy to our homes in which the government can’t readily intrude. Government
intrusion (quartering of troops in private residences by the US government) is allowed, only
when mandatory and directed by the President, acting as Commander-in-Chief
c) 5th Amendment Amendment – Limits the taking of private property. Can be viewed as
protection of your economic liberty (the right of individuals to obtain, use, and trade
things of value for their own benefit), which allows you to acquire, possess, and trade
property. Secondly, there must be compensation for private property taken for public use.
This process is eminent domain (the power of governments to take or use property for a
public purposes after compensating its owner; also known as the takings clause of the 5th
Amendment. The government can take your property without your permission; however it
needs to follow certain constitutional rules – which is called Due Process. Supreme Court
made it legal to take private property for public use for the creation of public parks, for the
building of roads, for creation of jobs and for the enhancement of government revenues
(ex. Taxes)
d) 7th Amendment – The right to a civil trial is guaranteed, if the dispute exceeds $20. The
facts decided by a jury in a civil trial are not to be questioned, except under the rules of
Common Law (a form of law, originating in England, that’s based on court decisions, rather
than legislative decree. Rules under common laws, the jury is responsible for determining
the facts, while a judge interprets and applies the law.
Lesson 38: Establishment Clause and Free Exercise Clause
1) I can describe the Establishment Clause
a) Establishment Clause – Congress is prohibited from creating or promoting a statesponsored religion (a restriction that extended to the states after the passage of the 14th
Amendment. The Establishment Clause does limit official endorsement of religion, including
prayer organized or otherwise facilitated by school authorities. Under the 1st Amendment,
it protects people from having a set of religious beliefs imposed on them by the
government. The Establishment Clause of the 1st Amendment stated that the national
government isn’t permitted to provide support to any church school
2) I can describe the Free Exercise Clause
a) Free Exercise Clause – limits the ability of the government to control or restrict religious
practices. The Free Exercise Clause, under the 1st Amendment, regulates the government’s
suppression of religious beliefs and practices. Government can only interfere with religious
practices in rare circumstances.
3) I can describe the outcome and significance of Lemon v. Kurtzman
a) In 1971, Supreme Court case Lemon v. Kurtzman established the Lemon Test for deciding
whether a law or other government action that might promote a particular religious practice
should be allowed to stand. Support for religious school was possible, but not in the form of
direct support for the schools. The judiciary has generally supported the idea that there is a
wall of separation between state and church, unless some compelling reason would suggest
a need for involvement. The Lemon test has three criteria that must be satisfied for such a
law or action to be found constitutional and remain in effect:
1) The action or law must not lead to excessive government entanglement with religion
2) The action or law can neither inhibit nor advance religious practice; it should be neutral
in its effect on religion.
3) The action or law must have some secular purpose; there must be some non-religious
justification for the law.
4) I can describe the outcome and significance of Minersville School District v. Gobitis
A) Supreme Court was reluctant to overturn state and local laws that burdened their religious
beliefs. The Court suggested that the Jehovah’s Witnesses should use the democratic
system to change the local policies.
B) Jehovah’s Witness children were punished in public schools for failing to salute the flag or
recite the Pledge of Allegiance, because of their church’s teachings taught them to refuse
to participate in displays of patriotism, including saluting the flag and reciting the Pledge of
Allegiance. Also, Jehovah’s Witness members who regularly engaged in door-to-door
evangelism to recruit converts, were arrest for violating laws against door-to-door
solicitation of converts.
5) I can describe the outcome and significance of West Virginia v. Barnett’s.
a) The Supreme Court, in later cases, upheld the rights of Jehovah’s Witnesses to proselytize
(convert or attempt to convert (someone) from one religion, belief, or opinion to another)
and to refuse to salute the flag or recite the Pledge. The bans on proselytizing was
considered a violation of freedom of speech and so were the efforts to compel speech by
requiring participation in the pledge of allegiance. Court avoided the ruling on the
religious issues involved.
6) I can describe the outcome and significance of Sherbert v. Verner.
a) Sherbert v. Verner – a case dealing with unemployment compensation. The court said
that for a law to be allowed to limit or burden a religious practice, the government must
meet two criteria’s. 1) First, must demonstrate a “compelling government interest” in
limiting that practice 2) restriction was ‘narrowly tailored” (Must show a very good
reason for the law in question and that the law was the only feasible way of achieving
that goal). This standard is known as the Sherbert test. Since, the burden on proof was
on the government to prove there is no alternative mechanism, the Supreme Court made
it very difficult for the federal and state government to enforce laws against individuals
that would infringe upon their religious beliefs.
7) I can describe the outcome and significance of Gillette v. United States.
a) The rights of conscientious objectors – individuals who claim the right to refuse to
perform military service on the grounds of freedom of thought, conscience, or religion.
The Supreme Court ruled in Gillette v. United States that to claim to be a conscientious
objector, a person must be opposed to serving in any war, not just a particular war.
Conscientious objectors can be assigned or participate in alternative service as medics,
orderlies, teaching aides, or perform other useful acts of service for their community
and country.
8) I can describe the outcome and significance of Oregon HR v. Smith
a) Two men who were members of the Native American Church, a religious organization
that uses the hallucinogenic peyote plant as part of its sacraments, were fired from their
jobs after being arrested for possession of peyote. They applied for unemployment
benefits, the state refused to pay because they were dismissed for work-related
reasons. They appealed and were successful, because the state applied the Sherbert
test and found the denial of unemployment benefits burdened their religious beliefs.
However, the Supreme Court ruled in 6-3 decision that the “compelling government
interest” standard should not apply, because as long as the law wasn’t designed to
target a person’s religious beliefs in particular, it wasn’t up to the courts to decide
those beliefs were more important than the law in question. The case replaced the
Sherbert test with one that allowed more government regulation of religious practices,
followers of other religious traditions grew concerned that the state and local laws,
might be used to curtail their religious practices. In 1993, Congress passed a law known
as the Religious Freedom Restoration Act (RFRA). Since 1990, 21 states have passed
state RFRAs that include the Sherbert test in state law. State court decisions in 11 states
have enshrined the Sherbert test’s compelling governmental interest interpretation of
the Free Exercise Clause into state law.
9)
I can describe the outcome and significance of Burrell v. Hobby Lobby.
Based in part on the Federal RFRA, Supreme Court agreed 5-4 with David Green, the
Hobby Lobby founder and fundamentalist Christian whose beliefs opposed abortion
and contraception, that Hobby Lobby and other closely held businesses didn’t have to
provide employees free access to emergency contraception or other birth control, if it
would violate their religious beliefs. –
10) I can describe the outcome and significance of Obergefell v. Hodges.
a) Opponents of the RFRA laws argued that individuals and businesses should be
required, per Obergefell v. Hodges case, should serve same-sex marriages on an equal
basis as a matter of ensuring the civil rights of gays and lesbians, just as they would be
obligated to cater or photograph an interracial marriage. The decision in Obergefell v.
Hodges held that the 4th Amendment and equal protection elements of the 14th
Amendment guaranteed same-sex couples that were married as the same rights as
other married couples, and these marriages would be recognized in all states and
territories.
Lesson 39: Freedom of Speech
1) I can explain the freedom of speech and its parts
a) Freedom of Speech, Freedom of Press, Freedom of Assembly, and Freedom of Petition are
rights that are related to each other and collectively known as Freedom of Expression under
the 1st Amendment, especially in regard to expressing political opinions, both in favor of or
in opposition to the government.
2) I can describe the outcome and significance of Texas v. Johnson.
a) In 1989, Supreme Court decided in Texas v. Johnson that burning the flag was a form of
symbolic speech protected by the 1st Amendment and found the law, applied to flag
desecration to be unconstitutional. In response to the decision, Congress passed the Flag
Protection Act, however in 1990 Supreme Court struck down the law as unconstitutional.
The ruling was aimed to protect the rights of Americans to protest against governments
policies and more broadly protect freedoms of political expression.
3) I can describe the outcome and significance of Tinker v. Des Moines Independent Community
School District
a) Students planned to wear armbands to school to protest American’s continuous
involvement in the Vietnam conflict. Students were suspended if they refused to remove
the armbands. The Supreme Court ruled that the school’s rule against wearing armbands
and the school suspension for wearing the armbands violated the free speech rights of the
students and the symbolic political speech that this protest represents. School systems
could not arbitrarily prohibit students from expressing political views in a non-disruptive
way.
4) I can describe the outcome and significance of Cohen v. California
a) Cohen was arrested and convicted for disturbing the peace for wearing a jacket containing
an obscene anti-draft slogan in the courthouse, which expressed his opposition to the war
and draft. The conviction was overturned by the Supreme Court. Since his actions were
silent and he made no attempt to otherwise disturb the peace, his conviction wasn’t
warranted. This case provided the importance the Court gave to freedom of expression
issues.
5) I can describe the outcome and significance of Miller v. California.
a) In 1973, Supreme Court established the Miller test for deciding whether something is
obscene: “(a) whether the average person, applying contemporary community standards,
would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the
work depicts or describes, in a patently offensive way, sexual conduct specifically defined by
the applicable state law; (c) whether the work, taken as a whole, lacks serious literacy,
artistic, political, or scientific value – This is known as the Miller Standard. Political Speech
in all forms have received the most protection in judicial decisions.
Lesson 40: Restriction of Individual Rights
1) I can describe the Equal Protection Clause in the U.S. Constitution.
a) Found in Section 1 of the 14th Amendment of the Constitution; prohibits the government
from denying any person equal protection under the law.
2) I can explain how the court system uses strict scrutiny, intermediate scrutiny, and the rational
basis test
a) Rational Basis Test – Courts apply the rational basis test, as long as there’s a reason for
treating some people differently that’s “rationally related to a legitimate government
interest,” the discriminatory act or law or policy is acceptable. For Ex. Letting blind people
operate cars would be dangerous to others on the road, the law forbidding them to drive is
reasonably justified on the grounds of safety. Another Ex. When universities and colleges
refuse to admit students who fail to meet a certain test score or GPA, they can discriminate
against them because these students don’t possess the knowledge, or skill needed to do
well in their classes.
b) Intermediate Scrutiny – Discrimination based on gender or sex is generally examined. It
requires the government to demonstrate that treating men and women differently is
“substantially related to an important governmental objective.” This puts the burden of
proof on the government to demonstrate why the unequal treatment is justifiable, not on
the individual who alleges unfair discrimination has taken place.
c) Strict Scrutiny – Discrimination against members of racial, ethnic, or religious groups, or
those of various national origins, is reviewed to the greatest degree by the courts, which
apply the strict scrutiny standard in these cases. Under strict scrutiny, the burden of proof
is on the government to demonstrate that there’s a compelling governmental interest in
treating people from one group differently from those who are not part of that group – the
law or action can be “narrowly tailored” to achieve the goal in question – and that it’s the
“least restrictive means” available to achieve that goal.
3) I can describe the basis of Jim Crow law and their impact on voting rights
a) Although, the addition of the 14th Amendment provided the Equal Protection Clause.
Equality in the United States after the Civil War and the ending of slavery didn’t come easy.
After the Reconstruction, many states focused on how to deny the newly obtained freedom
and rights given to former slaves. The establishment of Jim Crow laws, which took place
mainly in the South, helped to accomplish the denial of those rights. The purpose of many
Jim Crow laws to create disenfranchisement or the denial of voting rights. Although, the
15th Amendment stated that people couldn’t be denied the right to vote based on “race,
color or previous condition of servitude”, states could deny women the right to vote on
basis of sex or to people who couldn’t prove they were literate.
4) I can describe the outcome and significance of Plessy v. Ferguson.
a) Plessy of mixed racial heritage sat in a whites-only railroad car in an attempt to challenge a
Louisiana law that required railroad cars be segregated. Plessy was arrested and convicted.
Plessy appealed his case to the Supreme Court and argued that the segregation law was a
violation. The Supreme Court ruled the law wasn’t in violation of the equal protection
principle because the different train cars were separate but equal.
5) I can describe the outcome and significance of Brown v. Board of Education
a) Established in 1896, the Principle separate but equal remained a guiding principle of
segregation until Brown v. Board of Eduction (1954). Students denied admittance to certain
public schools based exclusively on race. The Supreme Court’s unanimous decision Brown v.
Board of Education determined that the existence of racially segregated public schools
violated the Equal Protection Clause of the 14th Amendment. The ruling overturned Plessy
v. Ferguson and the legal supports for segregated school nationwide was removed.
6) I can explain the influence of the Defense of Marriage Act (DOMA) and related cases including
United States v. Windsor and Obergefell v. Hodges
a) DOMA – was enacted in 1996 and defined as a marriage between 1 man and 1 woman.
DOMA allowed the federal government not to recognize same-sex marriages (which denied
this group of the same benefits as a heterosexual marriage). DOMA allowed states to
determine for themselves what they considered marriage and if they wanted to recognize
the marriages of homosexuals.
b) United States v. Windsor – Windsor who was a same-sex marriage in Canada had to pay an
enormous tax on the inheritance of her deceased wife’s estate, because federal government
didn’t recognize same-sex marriage. Windsor appealed her case to the Supreme Court and
argued that DOMA was unconstitutional, because it deprived same-sex couples their 5th
Amendment right to equal protection. Supreme Court agreed with Windsor, that DOMA
was intended to treat certain married couples differently is a blatant violation of their 5th
Amendment rights.
c) Obergefell v. Hodges – Supreme Court found that not only did the 14th Amendment’s
provision for equal protection under the law require that states recognize same-sex
marriages formed in other states, but also no state could deny marriage licenses to samesex couple if the licenses were issued to other types of couples.
Lesson 41: Protection and Expansion of Individual Rights
1) I can describe how the 13th, 14th, and 15th Amendments helped to end slavery and grant equal
protection and voting rights
a) During the Civil War, northern states and southern states (known as the Confederate States)
fought over the ending of slavery in the US. The Confederate States lost the war and the
North won the war, paving the way for the ending of slavery. The passage of 13th, 14th, and
15th Amendments known as Civil War Amendments were ratified and added to the
Constitution over a five-year period. They ended slavery, granted equal protection to all,
and provided the right to vote for men of color.
b) 13th Amendment – Ratified in 1865, this amendment brought an end to centuries of forced
servitude through slavery, thus protecting the rights of individuals to live, work, and earn
wages by choice, not force. No state or territory of the US could practice slavery.
c) 14th Amendment – Ratified in 1868, First granted citizenship to all those “born or
naturalized” in the US, which included slaves now considered free men per the 13th
Amendment. Secondly, supplied individuals with equal protection under the laws through
the Equal Protection Clause. Third, it provided Individuals with due process of law both on
the federal and state levels.
d) 15th Amendment – Ratified in 1870, granted voting rights to people of color, specifically
meant of color, as women still hadn’t gained the right to vote. This amendment was
necessary in order to send a message to the southern states that, not only was slavery over,
but those previously enslaved were now citizens of the US and should receive the same
rights and benefits as anyone else.
2) I can describe the events that led up to the Civil Rights Act of 1964 and the Voting Rights Act of
1965
a) Jim Crow laws took over the South and the Supreme Court upheld the use of segregation.
The movement for equality began to grip parts of the US. This movement had such leaders
as Martin Luther King Jr., Malcolm X, Representative John Lewis, James Farmer Jr., Fannie
Lou Hammer, and Rosa Parks fought for what had already been promised through the
Constitution after the Civil War Amendments. President John F. Kennedy called for
Congress to pass new civil rights legislation which began to work its ways through Congress
in 1963, as the campaign for civil rights continued and gained momentum. President
Lyndon B. Johnson signed into law the Civil Rights Act of 1964, after Kennedy’s
assassination.
b) Despite the impact of the Civil Rights Act of 1964, progress in registering African American
voters remained slow in many states. Civil Rights Act didn’t end the efforts by many
southern whites to maintain the white-dominated political power structure in region.
Martin Luther King Jr. drew the public’s attention to where the greatest resistance to voter
registration drives were taking place. SCLC and SNCC and forced their attention on the city
of Selma, Alabama, which had been the site of violent reactions against civil rights activities.
Organizations’ leaders planned to march from Selma to Montgomery in March 1965.
Organization leaders tried three times to march to Selma, but was met with violence, the
third march was successful in reaching the state capital of Montgomery. The events at
Selma galvanized support in Congress for a follow-up bill solely dealing with the right to
vote. The Voting Rights Act of 1965 went beyond previous laws by requiring greater
oversight of elections by federal officials.
3) I can describe the Civil Rights Acts of 1964 and the Voting Rights Act of 1965
a) Civil Rights Act – The Civil Rights Act outlaw government discrimination and the unequal
application of voting qualifications by race, outlawed segregation and other forms of
discrimination by most businesses that were open to the public including hotels, theaters,
and restaurants. The Civil Rights Act of 1964 outlawed discrimination the basis of race,
ethnicity, religion, sex, or national origin by most employers. It created the Equal
Employment Opportunity Commission (EEOC) to monitor employment discrimination claims
and help enforce this provision.
b) Voting Rights Act of 1965 – Voting Rights Act required greater oversight of elections by
federal officials. Literacy and understanding tests, and other devices used to discriminate
against voters on the basis of race, were banned. The Voting Rights Act had a much more
immediate and dramatic affect, than the laws before. Previously, what had been a fairly
slow process of improving voter registration and participation was replaced by a rapid
increase of American voter registration.
4) I can describe women’s suffrage
a) At the time of the American Revolution, single women could own property, but married
women couldn’t. When women married, their legal identity was erased and those women
adopted their husbands’ name. Any personal property the women owned before marriage,
became their husbands’ property after marriage. Husbands’ couldn’t sell their wives real,
property, such as land and in some states – slaves – without their permission. However, the
husbands’ were allowed to manage it and retain the profits. Divorce was difficult and
impossible to obtain. Higher Education for women wasn’t available and women were
barred from professional positions in medicine, law and ministry. Women weren’t granted
the right to vote by any of the states except New Jersey – which allowed all taxpaying
property owners to vote. After the law changed to limit the vote to men in 1807, husbands’
could sell their wives real property without consent.
5) I can explain how women gained the right to vote with the 19th Amendment
a) In 1890, two suffragist groups united to form the National American Woman Suffrage
Association (NAWSA), members circulated petitions, lobbied politicians, and held parades in
which women and girls marched. Radical National Woman’s Party (NWP) led by Alice Paul
used stronger tactics, such as public protests and picketing outside the White House.
Demonstrators were often beaten and arrested, and suffragists were subjected to cruel
treatment in jail. Some went on hunger-strikes while imprisoned to call attention to their
cause. Finally, in 1920, the passage of the 19th Amendment granted all women the right to
vote.
6) I can explain the outcome and significance of Roe v. Wade
a) Roe v. Wade involved a pregnant woman from Texas who wanted to terminate her
pregnancy. Texas only allowed abortions, where a women’s life was danger. Using a
fictitious name Jae Roe, the woman appealed to the Supreme Court, arguing that the
Constitution provides women the right to terminate an abortion. Supreme Court in a 7-2
decision ruled in favor of Jane Roe, and declared that the right to privacy upheld in the
decision in Griswold v. Connecticut (1965) included a woman’s right to an abortion. In an
attempt to protect human life, the court created a trimester framework, in the first
trimester a pregnant woman could seek an abortion without restriction. In the second and
trimesters, the court asserted that states had an interest in regulating abortions, provided
that those regulations were based on health needs.
b) Griswold v. Connecticut – Supreme Court ruled that married couples have the right to use
birth control
Lesson 42: How Media Shapes Public Opinion and Political Discourse
1) I can define media, mass media, and public relations.
a) Mass media – Media forms designed to communicate information and entertainment to the
general public.
b) Media – Television, print, radio and the internet
c) Public Relations –
2) I can explain several theories relating to media bias
a) Hypodermic Theory – a model of communications suggesting that an intended message is
directly received and wholly accepted by the receiver. Hypodermic Theory argues that
information is “shot” into the receiver’s mind and readily accepted. Example: direct
persuasion by the media – Providing an endorsement for one candidate in an upcoming
election.
b) Minimal Effects Theory – the idea that the media have little effect on citizens and voters.
c) Cultivation Theory – the idea that media affect a citizen’s worldview through the
information presented. The Cultivation Theory, hypothesized that media develop a person’s
view of the world by presenting a perceived reality.
3) I can define and provide examples of framing and priming
a) Framing – a process of giving a news story a specific context or background.
Examples: the creation of a narrative, or context, for a news story. The news often uses
frames to place a story in a context so the reader understands its importance or relevance.
At the same time, framing affects the way the reader or viewer processes the story.
Framing can also effect the way we see race, socio-economic, or other generalizations.
b) Priming – the process of predisposing readers or viewers to think a particular way.
Examples: when media coverage predisposes the viewer or reader to a particular
perspective on a subject or issue. If the newspaper article focuses on unemployment,
struggling industries, and jobs moving overseas, the reader will have a negative opinion.
If the reader is then asked whether he or she approves of the president’s job performance,
the reader is primed to say No.
4) I can define pack journalism – A type of journalism where journalists just cover the same things
as everyone else rather than seeking out their own stories. Journalists follow one another
rather than digging for their own stories.
5) I can describe the media’s role in shaping opinion and political discourse
a) Mechanisms of media coverage can influence policy attention. Media has a stronger
agenda-setting effect on the president than on Congress. What the media chooses to cover
affects what the president thinks important to voters, and these issues are often national
importance.
Lesson 43: Media as a Political Watchdog
1) I can explain how the media uses the first amendment
a) The first amendment serves as a basis for the political freedoms of the US, and freedom of
the press plays a strong role in keeping democracy healthy. Without it, the press would not
be free to alert citizens to government abuses and corruption. The media has limitations on
their freedom to publish and broadcast. The First Amendment generally guarantees
journalists of freedoms such as freedom of speech, freedoms from prior restraint by
government censors and freedom of association, except the Freedom to maintain
confidentiality of sources. Freedom of the press has not taken by the courts as granting
protection to source confidentiality.
2) I can describe how the media handles classified materials include in the use of prior restraint.
a) The media has only a limited right to publish material the government says is classified. If
classified information is obtained by a newspaper or media outlet, the government may
request certain material be redacted or removed from the article. In many instances,
government officials and former employees give journalists classified paperwork in an effort
to bring public awareness to a problem. The Supreme Court ruled the government has the
right to impose prior restraint (a legal suppression of speech or media coverage prior to
publication or speaking it; significantly restricted the ability to do this in the First
Amendment, though it doesn’t grant immunity to consequences from such action) on the
media, which means the government can prevent the publication of information, but that
right is very limited. Only under very specific and rare circumstances can the government
censor speech or publication in advance.
3) I can explain the equal-time rule
a) FCC requires Radio stations to apply for licenses that are granted only if stations follow rules
about limiting advertising, providing a public form for discussion, and serving local and
minority communities. In order for Radio stations to maintain licenses, they’re required to
meet a number of criteria. Equal-Time - which is A federal rule that requires broadcasters
to provide equal opportunities for airtime and advertising to all candidates for the same
office. This rule prevents media outlet from favoring one candidate over another. States
that registered candidates running for office must be given equal opportunities for airtime
and advertisements at non-cable television and radio stations beginning 45 days before
primary election and 60 days before a general election. News reports on candidate
activities do not require stations to provide equal time.
4) I can define sunshine law
a) Laws that mandate federal and many state government proceedings and meeting
documents be made available to the public are called Sunshine Law.
5) I can describe the role of the media as a political watchdog organization
a) The media can act as “Political Watchdogs”, in monitoring the conduct of government
officials and reporting on the ethics of the political process.
6) Fairness Doctrine
a) The Fairness Doctrine used to require a station that discusses controversial issues give time
to discussing the different sides of the issue, but it is no longer part of the law.
7) Miller Test
a) Used to determine if material is indecent and should be excluded from broadcast media,
the test examined the following material:
b) Material in question breaks local or state laws
c) Material in question lacks any redeeming value
d) Material in question appeals
e) Material Excluded from the Miller Test: Material involving nudity is not part of the Miller
Test
Lesson 44: Political Socialization
1) I can define public opinion
a) Public opinion is a collection of popular views about something, perhaps a person, a local or
national event, or a new idea. Our beliefs and attitudes combine to form how we feel about
people, places and events.
2) I can describe the political socialization process
a) Political socialization process in which we are trained to understand and join a country’s
political world, and, like most forms of socialization, it started when we are very young.
Political socialization is an informal process that involves the influence of family and friends
3) I can list several socialization agents and their impact on political attitudes
a) Political Information that’s intended to help citizens understand how to act in their political
system and how to make decisions on political matters.
b) Family and school and other influential agents are social groups, such as religious institution
and friends, prevailing political conditions and the media.
4) I can describe the political spectrum and the location of various ideologies
a) Liberal (Left Wing)
1) Communism – Common ownership of property, materials and all the means of
production by the government or states
2) Socialism – Leaders user their authority to promote social and Economic equality
3) Classical Liberalism – Believes in individual rights and liberties. Views government with
suspicion and rejects government interventions
4) Modern Liberalism – Focuses on equality and supports government intervention in
society and the economy in order to promote equality
b) Conservation (Right Wing)
1) Fascism – Total control of the country by the ruling party or political leader
2) Authoritarianism – Leaders control the politics, military, and government of a country.
3) Traditional Conservatism – Believes that government provides the rule of law and
maintains a safe and organized society.
4) Modern Conservatism – Elected government guards against individual liberties; prefers
a smaller government that stays out of the economy.
Lesson 45: The Demographics of Public Opinion
1) I can list several types of demographics used to measure public opinion
a) Demographic groups don’t just include race, age, education, gender, income, religion, and
political party.
b) Geographic Location: States have a unique culture with different attitudes and beliefs
instilled in their citizens. Political cultures are shared political attitudes, values and beliefs.
c) Workplace: Shared experiences of employees can affect public opinion.
d) Political Elites: Community and Political leaders that shape public opinion by serving as
information cues to citizens and help voters to make decisions. Political commentators
signal how to react to current issues.
2) I can analyze variations between public opinion and different demographic groups
a) Heuristics – shortcuts or rules of thumb (cues) for decision-making. Political party
membership is one of the most common heuristics in voting. Heuristics to apply to shortcuts
to decision-making and voting by party often common heuristics method employed.
Gender, race, socioeconomic status, and interest-group affiliation also serve as heuristics for
decision-making. Voters may assume female candidates have a stronger understand about
social issues relevant to women. Opinions based on heuristics are more flexible and likely to
change when the cue used for decision-making changes.
b) Research – learning background information before making a decision. Candidates, parties,
and campaigns put out a large array of information to sway potential voters, and the media
provide wide coverage, all of which is readily available and elsewhere.
Lesson 46: Political Actors and Public Opinion
1) I can define and provide examples of the bandwagon effect
a) Bandwagon effect – increased media coverage of candidates who poll high, the media pays
more attention to candidates who poll well during the fall and in the first few primaries,
which usually leads to a shift in support of those candidates by the electorate.
b) Example: Bill Clinton was called the Comeback Kid in 1992, after he placed second in the
New Hampshire primary despite accusations of adultery with Gennifer Flowers.
2) I can define and provide examples of horse-race journalism
a) Horse-Race Journalism – The act of the media following every candidate’s move throughout
the presidential campaign. Horse-Race Journalism can be neutral, positive, or negative,
depending upon what polls or facts are covered. The focus is on candidates winning or
losing
b) Example: During the 2012 presidential election, the Pew Research Center found that both
Mitt Romney and President Obama received more negative than positive horse-race
journalism. Horse-race coverage is often criticized for its lack of depth; the stories skip over
the candidates issue positions, voting histories and other facts that would help voters make
informed decisions.
c) Pack Journalism – is when journalisms simply follow other journalists when reporting the
news
3) I can describe the conditions that must exist for a mandate to occur
a) Mandate – a Presidential election outcome in which the declared winner has won with more
than 50% of the popular vote. When presidents have high levels of public approval, they are
likely to act quickly and try to accomplish personal policy goals. They can use their position
and power to focus media attention on an issue.
4) I can explain how political actors and policy are influenced by public opinion
a) Members of the House of Representatives have more pressure to shift to the preferences of
public opinion to sustain high approval ratings.
b) Approval ratings do not harm members of the Senate as much as the House of
Representatives as senators have more time to recover if they make an unpopular decision.
c) Members of the Supreme Court are not usually affected by popular or unpopular approval
ratings.
d) When presidents have high approval ratings, they use their popularity to try to accomplish
personal policy goals.
5) Social Desirability
a) Social desirability can distort the polls causing them to be inaccurate
b) Social desirability can make people afraid answer questions truthfully.
c) Social desirability can make people reluctant to be truthful and therefore distort poll results