The following notes are not complete for several reasons:
(1) I did not have time to retype all the notes from every lecture. I recommend that
students use these notes only in conjunction with their own.
(2) Since I have not had time in SI sessions to do more note reviews I am making
these notes available as a tool to help students assess their own note taking skills.
Compare these with your own and look for both consistency and inconsistency.
Students who notice that they are having problems with note taking should contact
me via email and suggest more note review SI sessions for the next section of the
course.
Keep in mind that I am not infallible. These notes have not been authenticated by
Dr. Gambitta. They are intended only as a supplemental resource for this section
of the course.
One final caution – the posting of these notes at this time does not suggest that I
will continue to post my notes on the internet. This is not a permanent resource.
They are intended only as one guide to help students assess and improve their own
note taking skills.
Selected Lecture Notes
POL 1013.005
Theories of Politics/Government

Majoritarian Theory -- people have a relatively equal voice in determining their
representatives in government. The majority's preferences determine our policy.
Democratically elected officials serve the interest of the many. The people are in control
through their representatives.

Elitist Theory -- "We the people" don't control our government. Corporations, wealthy
individuals, and other elites control and keep stratification in place. Financially powerful
elites determine public policy and they induce public support or acquiesce to official
action.

Pluralist Theory -- numerous and diverse groups or factions govern our political process.
There is no unitary centralized group that governs all. Power is diffused and shared.
Example: The people who sit on school boards are different from the people who are
elected to the legislatures. Different people with different backgrounds and ideals will
impact the decisions at various levels of government and with various issue areas.
Declaration of Independence
The American Revolutionaries contend that Britain has abused them. Thomas Jefferson penned
the Declaration of Independence.
"When, in the course of human events, it becomes necessary for one people to
dissolve the political bands which have connected them with another, and to
assume, among the powers of the earth, the separate and equal station to
which the laws of nature and of nature's God entitle them, a decent respect to
the opinions of mankind requires that they should declare the causes which
impel them to the separation."
"We hold these truths to be self-evident, that all men are created equal; that
they are endowed by their Creator with certain unalienable rights; that
among these, are life, liberty, and the pursuit of happiness. That, to secure
these rights, governments are instituted among men, deriving their just powers
from the consent of the governed,; that, whenever any form of government
becomes destructive of these ends, it is the right of the people to alter or to
abolish it, and to institute a new government, laying its foundation on such
principles, and organizing its powers in such forms, as to them shall seem
most likely to effect their safety and happiness.”
The second paragraph states that the government is to be formed by the people. The people
should instruct their government. This is the concept of Popular Sovereignty. If the
government stops being accountable to the people, then the people have a right to form a new
government.
This was a very radical document. But it was also a very conservative document in the sense
that "all men" only meant "all men" and specifically included only white property owners.
U.S. Constitution
In contrast to the Declaration of Independence, the U.S. Constitution is a very conservative
document. Thomas Jefferson was in France during the drafting of the U.S. Constitution.
Madison and Hamilton played key roles in drafting the Constitution. They were clearly much
more conservative than Jefferson.
The U.S. Constitution creates obstacles that hinder the passage of laws. The government must
jump a number of obstacles to get laws passed.
The Constitution replaces the Articles of Confederation: Thereby replacing the Confederate
System of federalism with a Federal System.
Federalism
Patterson defines federalism as "a governmental system in which authority is divided between
two sovereign levels of government: national and regional."
Three types:
 Confederation -- A union of states which retain all their sovereignty. Loosely knit group of
independent sovereign entities that combine and create a national government for very
limited, specific purposes.

Federal System – Combination or a sharing of powers between the state and national
governments. In theory, states retain sovereignty over specific areas and the national
government exercises sovereignty over specific areas. States retain limited sovereignty.

Unitary System – centralization of power at the national level. The federal government has
all the power. Local and state governments are delegated power by the centralized
government.
The balance of power between the federal and state governments was one of the most
contentious questions for the framers of the Constitution and it continues to be an ongoing debate
between Americans today. Where is the best location of centralized power? Republicans argue
that it belongs at the state and local levels. Democrats argue that the federal government in
Washington should retain power.
U.S. Constitution
Preamble: “We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain
and establish this CONSTITUTION for the United States of America.”
The preamble is really just the mission statement.
Article I: The Legislative Branch
Article I is the longest and most detailed article in the U.S. Constitution. It empowers the
legislature (Congress).
Section 1: “All legislative Powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives.”
This section establishes a Bicameral Congress. It splits Congress into two houses: the Senate
and the House of Representatives. Laws must pass both houses where the officials are elected in
very differently and by different constituents.
U.S. Representatives are elected every two years and have different qualifications of office
compared with Senators. Representatives are elected by districts which are established
according to population.
The Senate is composed of two Senators from each state (total 100).
In the House of Representatives, all the representatives must run for reelection every two years.
In contrast, Senators have six year terms and their elections are staggered every two years so that
each election only includes 1/3 of the Senators.
Senators and Representatives represent entirely different constituency groups.
Qualifications: The Constitution establishes age, residency, and citizenship qualifications for
legislative representatives.
 U.S. House of Representatives – members must be (1) at least 25 years old, (2) a citizen of
the United States for seven years, and (3) a resident of the State they are representing at the
time of their election.
 Senate – members must be (1) at least 30 years old, (2) a citizen of the United States for nine
years, and (3) a resident of the state they are representing at the time of their election.
Article I, Section 8 – Lists the legislative powers:
(1) Lay & Collect Taxes, pay the Debts, and provide for the common Defense and
general Welfare of the United States;
(2) Borrow money;
(3) Regulate “Commerce with foreign Nations, and among the several States, . . .”
Note: This clause has been interpreted by the Supreme Court to mean any commerce
that affects the commerce in another state. “Interstate commerce” covers just about
everything and therefore falls within the power Congress. See later discussion on
McCulloch v. Maryland.
(4) Naturalization;
(5) Coin money;
(6) Punish counterfeiting;
(7) Establish a post office and post roads;
(8) Promote the science and arts through the patent authority;
(9) Create lower federal courts;
(10) Punish piracies and felonies committed on the high seas;
(11) Declare war;
(12) Raise and support armies;
(13) Provide and maintain navy;
(14) Makes rules that govern and regulate the land and naval forces.
(15)
(16)
(17)
(18)
Call forth the Militia;
Provide for the organizing, arming, and disciplining of the Militia;
Jurisdiction over the District of Columbia.
Necessary and Proper Clause – “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.”
Also called the “Implied Powers Clause” and the “Elastic Clause” because it has been
interpreted to mean that Congress has powers that are not explicitly stated in the
Constitution. This clause stretches the powers of Congress.
Contrast this idea of implied Congressional powers with the 10th Amendment. The
10th Amendment states that “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively,
or to the people.”
How seriously you take this amendment will depend upon your ideology. The U.S.
Constitution prohibits certain powers to the state and federal government which are
reserved to the people. Two examples are the prohibitions on Bill of Attainder and
Ex post facto laws. The Tenth Amendment is the key amendment to the notion of
state’s rights.
Article II: The Executive Powers
Establishes the powers of the President.
Section 1. Executive power vested in the President. Establishes the four year term and the
qualifications for office: (1) at least 35 years old, (2) natural born citizen of the United States,
and (3) a resident of the United States for 14 years.
This section also lays out the electoral college or the process whereby the President is elected.
Section 2. Includes the following powers: (1) Commander in Chief of the military; (2) to make
treaties with the advice and consent of the Senate, and (3) appoint specific officials with the
advice and consent of the Senate.
Note: Here we see the Senate given responsibilities separate from the House of Representative.
The Senate has the confirmation power over appointments and treaties.
The President participates in the legislative process because he has veto power over all
legislation. Congress needs to generate a 2/3 vote in both houses to override a presidential veto.
Article III: The Judiciary
The Judicial power is vested in the Supreme Court. The Constitution does not specify
qualifications for office but it does establish life terms (or terms for “good behaviour”) for
federal judges.
One argument against the life tenure of judges is it creates an “Imperial Judiciary” where there
is no democratic control through the electoral process. This view holds that government
through the courts is undemocratic.
Article IV: Horizontal Federalism
State to state relationships. The “Full Faith and Credit” Clause mandates that one state must
give full faith and credit to the laws passed in other states.
Article V: Amendment Process
Article VI: Supremacy Clause
The U.S. Constitution and Congressional Acts are supreme to the laws of the states.
Notice: There is tension between this Article and the Tenth Amendment’s “reservation” clause
which holds that powers not given to the U.S. government resides with the state governments.
However, if the powers are delegated to the U.S. government then the U.S. government is
supreme.
Bill of Rights – Lists the initial vision concerning individual rights.
First Amendment – “Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble and to petition the Government for a redress of
grievances.”
 Freedom of Speech
 Freedom of Religion
-- Establishment Clause
-- Free Exercise Clause
 Freedom of Assembly
Freedom of Religion –Establishment Clause – Congress cannot set up a national religion,
show preference for one religion over others, or advance religion over nonreligion.
Freedom of Religion – Free Exercise – Congress cannot do anything to inhibit the
exercise of religion.
The religion clauses establish the right to believe. In practice, they require that Congress
walk a tightrope of neutrality.
Freedom of Speech / Press – this is the right to say what you believe.
Freedom of Assembly – peacefully assemble also includes the right of association and
petition the government for a redress grievances.
The First Amendment states that “Congress shall make no law . . .” but in reality, Congress
can pass laws against seditious speech, obscenity, and fighting words (among other things).
They also pass laws that deal with religion.
Reynolds v. United States – Mr. Reynolds was a Mormon who challenged a federal law that
made bigamy/polygamy illegal. He contended that this law violated the free exercise clause
of the First Amendment because it criminalized a practiced ordained by his religion. The
Supreme Court holds that the federal prohibition against polygamy was constitutionally
acceptable.
Marriage is basically a contract and Congress has the authority to regulate contracts.
Additionally, the statute was written neutral on its face and applied generally to everyone in
society and not aimed at a particular practice within a particular religion or at a particular
religion, so therefore it is constitutional.
Important: With this case, the Supreme Court distinguishes between belief and action.
People are free to believe anything that they want to believe but the realm of action is
governed by the state. People are free to believe but they are not free to act or exercise the
belief.
The Constitution must delegate power to Congress when they exercise power. Ultimately,
congressional action must be traced back to the constitution.
Thought question: What good does a written constitution serve when the Supreme Court has the
power to interpret a phrase out of existence?
Some constitutional clauses are written in absolute terms (i.e, First Amendment) and some are
written in qualified terms (i.e, Fourth Amendment: “no unreasonable searches and seizures” is a
qualified term because someone has to interpret what constitutes “unreasonable”.
Ninth Amendment: “The enumeration of the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.”
This is an acknowledgment that the bill of rights is not a complete list of rights. There are other
rights that are not listed.
Example: Freedom of movement and the right to privacy is included in the notion of natural
rights as they were articulated in the Declaration of Independence.
Be able to identify the parts of the U.S. Constitution:
Article I, Section 8, Clause 18 – Necessary & Proper Clause
Article I, Section 8 – Enumerated Powers of Congress
Article II – Executive
Article III – Judicial
Article IV – Horizontal Federalism
Article V – Amendment Process
Article VI – Supremacy Clause
Marbury v. Madison
John Marshall established the power of judicial review for the U.S. Supreme Court. This means
that the Supreme Court is the ultimate interpreter of the Constitution. They determine whether
the laws passed by Congress are constitutional.
The Supreme Court declared Section 13 of the Judiciary Act of 1789 unconstitutional because it
gave Congress more power than allowed by the Constitution.
Marshall argued that the Supreme Court should be the “watchdog” for the Constitution because
they are removed from democratic politics. The Supreme Court needs the power of judicial
review to protect against a “tyranny of the majority.” Judicial review is really a protection of
individual rights.
U.S. Constitution (discussion)
The Articles of the Constitution establishes the government and empowers the different branches
(Legislative, Executive, & Judicial) thereby limiting the powers of each branch. Power is shared
among the different branches. But the Constitution also distributes power vertically and
recognizes that states have power – this is the concept of Federalism.
Devolution – the reversal of power back to state and local governments.
Example: The move from Aid to Families with Dependent Children (AFDC) to TANF where the
states have more flexibility making decisions about eligibility, the amount of benefits given to
applicants, and other areas.
Local governments determine what is best for the people. This goes back to the Jeffersonian
notion of local governance / representation.
The problem is that local governments can be discriminatory against minorities.
Two Concepts of Federalism
-- Dual Federalism – traditional “state’s rights” position. Quasi-sovereignty of the states. A
sharing of powers. This position takes the 10th Amendment seriously. Does not really
acknowledge a broad interpretation of the Necessary & Proper Clause. States retain their powers
(i.e., police powers) and the federal government has limited powers. Holds that the Constitution
is really a pact between the states.
-- Centralized Federalism –
Amendments to the U.S. Constitution
First Amendment:
-- Freedom of Speech and the Press
-- Freedom of Religion (establishment & free exercise)
-- Freedom of Assembly
We have seen the Supreme Court uphold laws that abridge these rights. For example, in
Reynolds v. U.S. the Supreme Court allowed Congress to inhibit the free exercise of religion
which is written is absolute terms in the U.S. Constitution.
Fourth Amendment:
The prohibition against “unreasonable” searches and seizures is written in qualified terms.
Tenth Amendment:
Says that there are rights which we retain that are not explicitly written in the Constitution.
Second Amendment:
Fifth Amendment:
Prohibition against Double Jeopardy – individuals cannot be tried twice for the same crime.
Prohibition against Self-Incrimination
Due Process Clause – the federal government cannot deprive a person of life, liberty, or property
without due process of the law.
Fourteenth Amendment:
-- Privileges and Immunities Clause (rendered powerless by Supreme Court decisions)
-- Due Process Clause – states cannot deprive persons of life, liberty, or property without due
process of the law.
-- Equal Protection Clause – states cannot deprive persons of the equal protection of the laws.
This is a mandate for equality.
Federalism (continued)
The U.S. Constitution delegates certain powers to the legislative, executive, and judicial
branches of the federal government. It reserves to the states the powers not granted to the federal
government (10th Amendment). It makes the U.S. Constitution and federal laws supreme
(Article VI).
McCulloch v. Maryland
The State of Maryland imposed a tax on the National Bank branch in Maryland. The
Constitution does not explicitly give the federal government the authority to create corporations.
An employee of the bank, James McCulloch challenges the tax. Maryland contends that the U.S.
government does not have the power to establish the bank and that states retain the power of
taxation within their geographic boundaries.
The Supreme Court holds that the National government does have the power to establish the
bank if the Congress deems it necessary and proper in order to achieve one of its enumerated
powers. Article I, Section 8, Clause 18, the Necessary & Proper Clause gives Congress the
authority to establish the bank.
With this decision, the powers of Congress are stretched or expanded through the Necessary and
Proper Clause.
The Court also holds that Maryland cannot tax the bank because “the power to tax involves the
power to destroy.” Essentially, allowing a state to tax a federal entity would violate the
Supremacy Clause of the U.S. Constitution.
The federal government has delegated powers.
The state governments have delegated powers.
Localities are delegated powers by their state’s constitution.
The Texas Constitution establishes a right of education where the federal Constitution does not.
The Texas Constitution directs the legislature to provide for an efficient system of public
education.
Local governments are empowered by state constitutions. The city charter is a type of city
constitution.
The 10th Amendment is important to remember for the test. It states that the federal government
has those powers delegated to it by the Constitution. If a power has not been delegated to the
federal government by the Constitution then it is reserved to the states.
In contrast to that, Article I Section 8 Clause 18 of the U.S. Constitution expands the powers of
the federal government.
14th Amendment:
-- Privileges & Immunities Clause (gutted by a 19th century Supreme Court decision)
-- Due Process Clause – No state can deprive any person of life, liberty, or property without due
process of the law. This reads the same as the due process clause of the 5th Amendment. All of
the Bill of Rights are limitations on the federal government. They do not directly apply to the
states. The 5th Amendment’s due process clause applies to the federal government and the 14th
Amendment’s due process clause applies to state governments.
-- Equal Protection Clause – No state can deny any person the equal protection of the laws. Here
is where we find protection against discrimination by the states.
Important: Selective Incorporation
The 14th Amendment’s Due Process Clause is the mechanism by which specific provisions in the
Bill of Rights have been held applicable to the States. The selective incorporation of a right
holds that the states may not violate that right.
Beginning in the 1920s the U.S. Supreme Court selects a liberty out of the Bill of Rights
incorporates it into the 14th Amendment’s due process clause and makes it applicable to the
states.
Gitlow v. New York – the Supreme Court incorporates the right of free speech and makes it
applicable to the states. States cannot abridge freedom of speech.
Section 5 of the 14th Amendment is also important to the notion of federalism. This section
establishes the power of the U.S. government to write laws to give special strength to the 14th
Amendment.
Example: Congress can prohibit states from discriminating against persons on the basis of race
and/or gender.
Note: In order for the 14th Amendment to apply, there has to be some state action.
Civil Rights Act of 1964
Using the “Necessary and Proper Clause” any law that Congress deems necessary in order to
execute any of its powers is permissible.
The Civil Rights Act of 1964 demonstrates the extent of Congress’ powers. On provision of the
act prohibits discrimination in public accommodations. If a business is open to the public they
cannot deny service to a person on the basis of race.
Heart of Atlanta Motel v. U.S.
With the Civil Rights Act of 1964, Congress prohibits private business who are open to the
public from discriminating against people on the basis of race. The proprietor of the Heart of
Atlanta Motel argue that the police power is really reserve to the states. Since the Civil
Rights Act of 1964 its not prohibiting the states from discriminating, the Motel claims that
they are going beyond their authority given in the 14th Amendment.
The Supreme Court holds that Article I, Section 8, Clause 3 (the Interstate Commerce
Clause) gives Congress authority to pass this law. It is necessary and proper (I,8,18) for
Congress to have this prohibition if they are going to regulate interstate commerce. Congress
must eliminate discrimination in order to ensure the free flow of commerce between the
states.
This stretches the powers of Congress.
Limitations of the Governmental Action: First Amendment
Miller v. California – Miller was a smut peddler who sent pamphlets advertising his product
through the mail trying to sell sexually explicit material. The pamphlets included nude
depictions and depictions of sexual intercourse.
The Supreme Court holds that obscenity is not protected by the 1st Amendment and they
formulate a test that will assist courts in determining the difference between obscenity and
pornography. This is the Court’s attempt to define obscenity.
Obscene material:
(1) Whether to the average person applying contemporary community standards the work
taken as a whole appeals to the prurient interest
(2) is patently offensive
(3) and lacks any serious political, artistic, literary, or scientific value.