What Americans Think About Government The more or less paradox people want more things but not more taxes Ancient Greeks Were very involved in government Types of knowledge of informed citizen o Government knowledge How the system works o Political knowledge understanding what s at stake Why government is needed o Hobbes to maintain order o Locke to protect property o Hume Provide public goods Levels of Inclusiveness o Autocracy One person rules o Oligarchy Small group of people is in charge o Democracy all citizens can participate Types of Government o Constitutional government used in USA Substantive limits certain freedoms from government Procedural limits government can take life liberty and property within reason o Authoritarian government monarchy o Totalitarian government Total control North Korea Types of Democracy o Representative Democracy Republic USA o Direct Democracy Voting on specific issues Equality o Equality of result you are just as entitled as everyone else everyone should have equal opportunities o Equality of opportunity Opportunities open on equal basis to everyone o Political equality power is with the people voting Popular Sovereignty the people have the power The Founding of the Constitution Articles of Confederation o Congress is weak o Power is with the states o No separate president o No national courts o No bill of rights o Amendments needed consent of states To amend every state had to agree Annapolis Convention o AOC was not working o Attempted to do something but failed o Set up for constitutional convention Shay s Rebellion o Veteran farmers were not being paid enough o Attempted to shut down government o Led to constitutional convention The Great Compromise o Virginia Plan Population o New Jersey Plan Equal vote o Led to house population and senate equal vote Constitution o Increased power of federal government o Strong executive branch o Curved excessive democracy Bicameralism house and senate Electoral college o Limits government abuse BOR Federalism o Article One Congress Separation of powers different branches of government House 2 years terms Types of powers Senate Appointed for 6 years until 1913 Expressed Written down Reserved everything left to the states 10th amendment Implied can do anything to fulfill expressed education o Article Two President Executive Branch 4 year terms Powers Declare war grant pardons in charge of military o Article Three judiciary negotiate treaties Judicial Branch U S Supreme Court Congress can create other federal judgeships President appoints and the senate confirms o Article Four national power and unity Full faith and credit clause each state must respect things in other states such as marriage Immunities and Privileges Clause Can t treat non citizens differently o 9 of 13 states had to agree to amend constitution Federalists vs Antifederalists Federalists liked constitution o States have too much authority o Direct representation Anti federalists didn t like constitution o Didn t think voice would be heard o Frequent elections o Thought small group of powerful people would be bad o BOR of rights protects us Amendments o Prohibit importation of slaves for 20 years o Can t deprive states of equal representation o Anything else can be changed o To change Proposal at national level Ratification at state level o 27th Amendment Dealt with pay raises for congress Pay raise must be justified by voters Actually proposed as part of BOR in 1789 Federalism o Distribution of Power Unitary system power only at national level Federal System Power state and national Confederation most power with states o McCoulloch v Maryland National Bank and taxation o Gibbons v Ogden Expansive view of ICC o 14th amendment shifted state power to feds o Cooperative Federalism New Deal Federal Grants Categorical grants specific highway Funding Project grants must used money for specific project Formula grants most worthy get funded population o Preemption Federal law wins over state law NAFTA o Unfunded mandate you do it and then pay money healthcare insurance o New Federalism Nixon and Reagan Federal government provides funding States can accept of decline money Block Grants here s money take it but use for particular cause o Arizona v U S Government doesn t do enough to stop immigration Civil Liberties Types of Liberties o Substantive liberties certain types of freedoms government can t touch religion o Procedural liberties when government does not get involved without following procedures death needs trial Ex Post Facto Laws Something illegal yesterday can t get you in trouble today harbor Habeas Corpus you have the body Barron v Baltimore Property dispute with stuff running from ship into Giltow v NY Freedom of speech Palko v CT selective incorporation bill of rights applies to everyone Establishment Clause Government is limited in religion Lemon v Kuntzman Government action in religion is ok if o It s secular in purpose o Effect is not to inhibit or advance religion o No excessive entanglement with religion School Vouchers Ok if choice is private Rosenberger v UVA neutrality test WV v Barrette Flag Salute case