C963 - Eli2k

During the 2020 presidential election cycle, my roommate, who had recently moved from Vietnam, passionately discussed the intricacies of the American election process. It became apparent that he was more knowledgeable about it than I was, despite having lived in the U.S. my whole life and participating in every election I could. I felt a sense of shame for not seeking out this information on my own. Taking this class has been reminiscent of those conversations, but it has also provided me with a valuable opportunity to gain a deeper understanding and greater appreciation for the legal and voting systems that shape our country and their historical origins.

Topic Overview

Amendments

Freedom of Religion, Speech, Press, Assembly, and Petition (1791)
Right to Bear Arms (1791)
No Quartering of Soldiers (1791)
No Warrants without Probable Cause (1791)
Right to Remain Silent (1791)
- Self-incrimination
- Double jeopardy
Right to a Speedy Trial (1791)
- Can confront witnesses
- Can compel witnesses
- Can have a lawyer
Right to a Jury Trial in civil cases (1791)
No Cruel and Unusual Punishment (1791)
- Excessive bail
Citizens entitled to Rights not listed in the Constitution (1791)
Powers not given to the Federal Government are reserved for the States (1791)
One State cannot be sued by another state (1795)
Seperation of votes for President and Vice President (1804)
Abolition of Slavery (1865)
Citizenship to former slaves, repeal of the 3/5ths compromise, Confederate officials banned from holding office (1868)
Right to vote, regardless of race, color, or previous condition of servitude (1870)
Income Tax (1913)
Direct Election of Senators (1913)
Prohibition of Alcohol (1919)
Women's Suffrage (1920)
Lame Duck Amendment (1933)
Repeal Amendment 18 (1933)
Term Limits for President (1951)
District of Columbia Voting Rights, no rep in Congress (1961)
No Poll Tax (1964)
Presidential Succession (1967)
Voting Age 18 (1971)
Limits Congress from giving themselves a pay raise (1992)

Court Cases

Marbury v. Madison (1803) - Established Judicial Review, the power of the Supreme Court to declare laws unconstitutional
McCulloch v. Maryland (1819) - Established the Supremacy Clause, the Constitution is the supreme law of the land
Gibbons v. Ogden (1824) - Established the power of Congress to regulate interstate commerce
Dred Scott v. Stanford (1857) - Constitutionality of the Missouri Compromise, involved a slave that was taken to a free state, the slave then argued that he should be free, due to being in the free state for a period of time.
Plessy v. Ferguson (1896) - Separate but Equal, deemed constitutional
United States v. Miller (1939) - Deemed certain weapons were not protected under the Second Amendment.
United States v. Korematsu (1944) - Japanese Internment deemed unconstitutional
Brown v. Board of Education (1954) - Separate but Equal, overturned Plessy v. Ferguson
Mapp v. Ohio (1961) - Evidence obtained without a warrant could not be used as evidence
Sherbert v. Verner (1963) - States can not deny unemployment if a person turns down a job for Religious reasons.
Gideon v. Wainwright (1963) - The Sixth Amendment grants citizens the right to a fair trial, including legal representation.
Griswold v. Connecticut (1965) - Right to privacy, this particular case involved a state imposed ban on contraception
Miranda v. Arizona (1966) - Right to remain silent, officers are required to inform you that you have the right to remain silent.
Harper v. Virginia Board of Elections (1966) - Poll Tax at any level is unconstitutional
Loving v. Virginia (1967) - Racial Intermarriage
Brandenburg v. Ohio (1969) - Protected speech that advocated for a hypothetical revolution
Tinker v. Des Moines (1969) - Protected students that violated a dress code to protest
Miller v. Johnson (1969) - Race could not be a factor for red lining
Cohen v. California (1971) - A man wearing a jacket that expressed opposition to the draft was arrested for disturbing the peace
Lemon v. Kurtzman (1971) - Established a test for permitting religion in law
Gillette v. United States (1971) - The Conscientious Objector must be against all war, not specific wars.
Furman v. Georgia (1972) - Guidelines for the Death Penalty
Roe v. Wade (1973) - Right to Privacy, Abortion
Miller v. California (1973) - Guidelines for Obscenity
Texas v. Johnson (1989) - Burning the flag is protected under the first amendment
Planned Parenthood v. Casey (1992) - Rejected trimester model for abortion and moved to an "undue burden" model which consider obstacles to pregnancy.
Citizens United v. Federal Election Commission (2010) - Organisations are allowed to show movies about candidates, BCRA is unconstitutional
McDonald v. Chicago (2010) - Protected the Second Amendment
Burwell v. Hobby Lobby (2014) - Companies can deny coverage if an aspect of it violates a religious belief

The Development of Constitutional Democracy

Thomas Hobbes

Society is created by the people
The natural world is a war of all against all
Social Contracts should provide physical security

John Locke

People are born with natural rights
Freedom, property, and life
The natural world is decent, people are reasonable
Social Contracts should protect quality of life

Jean-Jacques Rousseau

As populations grow, so do inequalities, leading to instability
Social Contracts should protect the general will and educate the people
You can't be forced to be free

Key Elements of the Social Contract

Natural Rights

Life
Liberty
Property

General Will

Majority Rules

Consent

Representative Government

Influence Enlightenment had on Founding Documents

Declaration of Independence

Natural Rights

Constitution

Seperation of Powers
Liberty sacrificed in the pursuit of justice

Bill of Rights

Individual conscience and democratic process
The right to defend against tyranny

Articles of Confederation

Goals

First attempt at a national government
Strong enough to win Independence but weak enough to threaten the peoples rights

Structure of the Government

Unicameral
Each state had one vote
Delegates could not serve more than 3 years
9/13 states needed to pass a law

Powers of the Government

Borrow Money and Coin Money
Declare War
Make Treaties
Regulate Trade with Native Americans
Settle Disputes between States

Problems

Weak Central Government
No Taxing Power
No Power to Regulate Trade with Foreign Nations
Unanimous Vote
No Executive or Judicial Branch

Attempts to Fix the Articles

New Jersey Plan

3 Branches
Unicameral
Equal Representation
National Government provides defense but could not override state laws

Virginia Plan

3 Branches
Bicameral
Representation based on population
National Government could override state laws

Constitional Convention

Connecticut Compromise (Great Compromise)

Combined the New Jersey and Virginia Plans
Bicameral

Senate is upper chamber
House is lower chamber
Each state has 2 senators (6 years)
Reps based on population (2 years)

Congress has the power to tax, regulate trade, and declare war, borrow money, grant patents and copyrights, maintain a military.

3/5 Compromise

Slaves would be counted as 3/5 of a person for representation and taxation

Checks and Balances

Congress can pass laws
President can veto laws
Congress can override veto with 2/3 vote if the bill was previously passed by both houses

Seperation of Powers

Federalist vs. Anti-Federalist

Federalist

Strong Central Government
Constitution is a good thing
Mostly wealthy, and educated
Popular in the North
Federalist Papers

Federalist #10 - Madison

Argued that there was no need to fear factions because they would be diverse

Federalist #51 - Madison

Argued that the seperation of powers would prevent tyranny
Checks and Balances

Anti-Federalist

Feared the government would favor the wealthy
Felt state legislatures should have more power
Popular in the South

Separation of Powers

Legislative Branch (Congress)

Lawmaking
House of Representatives

Based on population
2 year term
Represents the people

Senate

2 senators per state
6 year term
Represents the states

Judicial Branch (Supreme Court)

Interprets the law
9 Justices
Life Term
Appointed by the President
Confirmed by the Senate

Executive Branch (President, VP, Bureaucracy)

Enforces the law
4 year term
Can veto laws
Appoints Supreme Court Justices
Can pardon people
Can make treaties
Can declare war

Summary

Legislative Branch makes the laws but cannot carry them out
Executive Branch carries out the laws but cannot make them
Judicial Branch interprets and determines constitutionality

Checks and Balances

Each branch can fulfill its duties without interference from the other branches
All laws must go through Congress
Laws must be signed by the President
President can veto laws
Congress can override veto with 2/3 vote
Supreme Court can declare laws unconstitutional
Treaties are negotiated by the President and approved by 2/3 of Senate
President can sign agreements with foreign nations
Congress declares war
President nominates Supreme Court Justices
Senate confirms Supreme Court Justices
Executive Orders are issued by the President
Congress can refuse to fund Executive Orders
Judges can declare Executive Orders unconstitutional
President, VP, judges and justices can be impeached by the House and removed by the Senate
Congress authorizes the budget
President proposes the budget

Structure of the US Gov

Legislative Branch

Powers of the Legislative Branch

Tax Citizens
Set the Budget
Declare War
Regulate Trade
Give advice and consent to the President
Impeachment

Types of Powers

Implied Powers

Not specifically stated in the Constitution
Ex. Congress can regulate interstate commerce

Enumerated Powers

Specifically stated in the Constitution
Ex. Congress can declare war

Inherent Powers

Powers that are necessary to carry out the enumerated powers
Ex. Defend from internal threats

Bill to Law Process

Bill is introduced by Congress
A standing committee reviews the bill
A rule committee decides if there will be debates for parts of the bill
Bill is debated and amended
Bill is voted on
If necessary, the bill is sent to a conference committee
Bill is voted on again
Bill is sent to the President
President can sign or veto the bill
If vetoed, Congress can override the veto with 2/3 vote

Congress Structure

House of Reps

Speaker of the House
Majority Leader
- Represents the party with the most seats
Minority Leader
- Represents the party with the least seats
Majority Whip
Minority Whip

Senate

President of the Senate
- VP
President Pro Tempore
- Most senior member of the majority party
Majority Leader
Minority Leader
Majority Whip
Minority Whip

Congressional Committees

Standing Committees

Permanent committees
Timeless issues
HOR and Senate have their own

Select Committees

Temporary committees
Specific issues that usually require investigation

Joint Committees

Temporary or permanant committees
General Issues
Members from both the HOR and Senate

Conference Committees

Type of joint committee
Form a unified bill

Rules Committees

Decide if there will be debates for parts of the bill
Rules have more power in the HOR

Reapportionment

Revising the number of seats in the HOR
Every 10 years after the census
Based on population

Redistricting

Revising the boundaries of the districts
Every 10 years after the census
Based on population

Gerrymandering

Manipulating the boundaries of the districts to favor one party
Illegal

Congressional Elections
Hard Money

Contributed directly to a candidate

Soft Money

Contributed to a political party

FEC Act

Regulates campaign finance
Transparency
Limitats individual contributions

Bipartisan Campaign Reform Act

Required candidates to include personal endorsements on campaign ads
Limits "soft money" contributions

Citizens United v. FEC

Supreme Court ruled that corporations and unions can spend unlimited amounts of money on political campaigns, leading to the creation of super PACs

Politcal Participation

Interest Groups

Public Interest Groups

Groups that pursue a public good
Ex. Environmental groups

Private Interest Groups

Groups that seek to benefit a specific group
Ex. Corporations

Types of Interest Groups

Membership

Voluntary
Membership dues
Ex. NRA

Legislative

Companies

Associational

Groups of institutions

Lobbying

Inside Lobbying

Direct contact with legislators
Ex. Meetings

Outside Lobbying

Influence public opinion
Ex. Ads

Legislative Lobbying

Gain an in with a legislator
Ex. Campaign contributions

Electoral Lobbying

Support a candidate that already supports your cause
Ex. Endorsements

Voter Choice and Participation

Primairies

Closed Primaries

Only registered members of a party can vote

Open Primaries

Anyone can vote

Elections

Elected by vetors in congressional districts

Senate

Elected by voters in the entire state

President

Elected by when they receive 270+ electoral votes

Electoral College

Each state has a number of electors equal to the number of senators and representatives. DC gets 3
States appoint electors
Winner take all method

Used in 48 states and DC
Electors vote for the candidate who won the popular vote in their state

District Method

Used in Maine and Nebraska
Electors vote for the candidate who won the popular vote in their district

If no candidate wins 270+ electoral votes, the House of Representatives chooses the president and Senate chooses VP

Voter Registration

Disenfranchisement of AA voters

Grandfather Clause

Allowed people to vote if their grandfather could vote

Literacy Tests

Often administered more harshly to AA

Poll Taxes

Banned by the 24th Amendment

Civil Liberties and Civil Rights

If you believe the government is supposed to do something, it is a civil right, if you believe the government is not supposed to interfere, it is a liberty

Discrimination

The Constitution does not explicitly prohibit discrimination as long as it doesn't jeapordize a fundamental freedom.
Amendments that prohibit discrimination

13th Amendment
14th Amendment
15th Amendment
19th Amendment
24th Amendment
26th Amendment

Laws that prohibit discrimination

Age Discrimination in Employment Act
Age Discrimination Act
Civil Rights Act of 1957

Prohibits discrimination in voting

Civil Rights Act of 1964

Outlaws discrimination based on race, color, religion, or national origin and retaliation against persons who report such discrimination.
Prohibits unequal application of voter registration requirements, segregation in school or public accomodations
Vote Rights Act of 1965
Fair Housing Act
Rehabilitation Act of 1973
Americans with Disabilities Act
Equal Pay Act
Title VII of the Civil Rights Act of 1964
Title IX of the Education Amendments of 1972

Illegal to discriminate on the basis of sex in any education program recieving federal financial assistance.

Pregnancy Discrimination Act

De jure discrimination

Discrimination that is written into law
Ex. Jim Crow Laws

De facto discrimination

Discrimination that is not written into law
Ex. Profiling in a department store

Three Levels of Scrutiny

Rational Basis
Intermediate Scrutiny
Strict Scrutiny

Public Opinion

Media

Framing

How the media presents an issue
Ex. The media can frame an issue as a "war on drugs" or a "war on drugs users"
Gives context to an issue but can also be misleading

Prior Restraint

The legal restriction of information that can be considered as libelous or harmful

Covert Content

Political advertising that is not clearly labeled as such and may be presented as being neutral

Neko

C963 - American Politics and the US Constitution