Final Exam Study Guide For POS1041 Into To American Government The Big Picture Picture of American Gov t painted by Constitution Division of powers Goal prevent tyranny of the majority Fear of mischiefs of faction federalist No 10 How to control faction Remove its cause liberty or control its effect pluralism Faction a group within a group that wants something i e Republican Party If we don t have enough faction we have majority of control which is bad A weak executive Residual colonial fear of the monarch Fear of one person with too much control that would never give it up Layer cake federalism Several flavors national Gov layer and State Gov layer Each with different responsibilities needed each to create balance Tradeoff equity and efficiency No uniform decision Pluralism Idea that you can overcome faction by having several groups or voice Resulting in more competition preventing domination Large example of checks and balances US Constitution one of many 50 state constitutions US judicial system fragmented local state regional Supreme Court 101 Legislative chambers state legislatures and Congress 51 political executives governors and president Thousands of state and national bureaus Many ins into the system If liberty compromised in one branch many others remain Example Gun Laws Executive Presidential Orders Obama override Congress petition State Ban Assault Rifles in NY done by Governor Judicial NRA challenges orders by taking them to court Applications Full Faith Credit Clause States with medical marijuana authorized by state constitutional amendments are in violation of federal law States have used initiative process to adopt gay marriage bans and state courts have overruled some bans President V Congress Who has the power President command media attention publicity toward policy Congress purse strings must approve budget confirm presidential agenda power of persuasion appointments pass laws veto Article 1 Congress much longer than Article 2 President founders clearly intended for Congress to be dominant branch not really working out Strict Constitutionalism vs Gov t Activism Has gov t overstepped its boundaries or has it not done enough Clearly doing more than enumerated roles in Constitution Now providing for social welfare setting education curriculum contemplating mandating whether religious institutions must recognize all marriages equally Search Seizure 4th Amendment Homes cannot be searched w o permission or a search warrant Exclusionary Rule Evidence obtained illegally cannot be admitted in court 5th Amendment Protects individuals from torture and coerced confessions persons cannot be forced to testify against themselves States cannot try a person twice for the same crime 6th Amendment All citizens accused of serious crimes are entitled to a trial 8th Amendment Prohibits cruel and unusual punishment Death penalty is allowed Chapter 14 Civil Liberties Civil Liberties Origins of civil Liberties in the US Civil Liberties are NOT the same as Civil Rights Civil liberties fundamental protections provided toward citizens Protects people from government interference with our daily life i e Freedom of Religion Freedom of Speech Civil Rights equal treatment by the government to the people i e Right to Bear Arms Right to Vote not stated in the Constitution or Bill of Rights Supreme Court has shaped evolution of Civil Liberties Also affected by political debates interest group activism Origins of the Bill of Rights Articulation of basic freedoms of its era Constitution did not include explicit protection for individual civil liberties Key event ratification of Constitution Originally only applied to national government not the states Key transformation Civil War Amendments 13th abolished slavery 14th redefined civil rights and liberties applied due process to the states Due Process Clause forbids deprivation of life liberty or property w o due process of law 15th vote for all adult male citizens Gradual approach Selective Incorporation Case by case incorporation of the Bill of Rights on to the states Freedom of Expression Congress shall make no law abridging the freedom of speech or press or the right of people peaceably to assemble Bad Tendency expression could be punished if it could ultimately lead to illegal behavior Clear and Present Danger complete freedom of speech unless their language endangers the nation Shift from Bad Tendency to Clear and Present Danger during Red Scare Communism Era Balancing Doctrine Freedom of speech must be balanced against other competing interests circumstances matter Fundamental Freedoms Doctrine laws impinging on the freedoms fundamental to the preservation of democracy are scrutinized more closely than others Include speech press assembly and religion If we don t have these we don t have a proper representative democracy Prior Restraint Doctrine individuals have the right to publish without submitting material to a government sensor Limitations on Free Speech Commercial Speech advertising or other speech made for business purposes may be regulated Obscenity publicly offensive language or portrayals with no redeeming social value Libel false statement defaming another Freedom of Association Considered inseparable from freedoms of speech and of assembly Freedom of association is the individual right to come together with other individuals and collectively express promote pursue and defend common interests Freedom of Religion Guaranteed by two clauses Establishment clause government cannot establish any single religious practice as superior Separation of church and state doctrine The Lemon Test argued laws must Be secular in purpose neither promote nor inhibit religion not excessively involve government Free Exercise Clause individuals can practice their religion without government interference Sherbert Test Laws limiting religious behavior are only allowed if they Promote a secular goal demonstrate a compelling governmental interest to become involved implemented in a manner least restrictive to religious practices Religion in schools Some fear religion in public schools will promote preferred faiths Others support constitutional amendment allowing prayer in school because Christianity is historical tradition of country Right of Privacy 9th Amendment Constitution and Bill of Rights list several rights People have other rights as well just not listed Right of privacy not explicit in Constitution Griswold v Connecticut right to use
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