The last best hope of earth

By William J. Bennett
Source: Real Clear Politics 2006

Today, our country celebrates Memorial Day. Originally called "Decoration Day," the holiday started spontaneously enough in 1866, when a drugstore owner in Waterloo, NY sought to honor those who died in the recent Civil War. Townspeople joined Henry Welles' cause to commemorate the fallen and they placed "flowers, wreaths and crosses on the graves of the Northern soldiers in the [Waterloo] cemetery." They decorated the graves. In short order, others joined around the country and by 1868, according to the History Channel: "Children read poems and sang civil war songs and veterans came to school wearing their medals and uniforms to tell students about the Civil War. Then the veterans marched through their home towns followed by the townspeople to the cemetery." Soon enough, heroes from other wars were honored as well, and the name became "Memorial Day."

Abraham Lincoln described our country, in his message to Congress in 1862, as the "last best hope of earth." Were it not for the United States today--or, for that matter, in Lincoln's time--what would the world look like? Aside from the hundreds of thousands of dead and suffering, would anyone put the plight of the Sudanese on the world's conscience today? It is fashionable in some quarters to say that our policies against Muslims have caused other Muslims' wrath toward us. But do we remember just our last two-decades' worth of military excursions? Wolf Blitzer at CNN reminded us a few years ago: "Almost every time U.S. military forces have been called into action to risk their lives and limbs, it's been on behalf of Muslims," to save the Afghanis against the Soviets, to liberate Kuwait from Saddam Hussein, to help Somalis, to help Muslims in Bosnia and then Kosovo and to overthrow the Taliban. To Afghanistan in our current global war on terror, we can add Iraq--and come to the realization that our policies and our military have liberated over 50 million Muslims in just the past five years.

In our current war, we've lost almost 3,000 brave soldiers. On September 11, 2001, we lost 3,000 citizens who did not sign up for war, but rather signed up to live freely as Americans. If our war on terror ceased right now, it would be the first time that the number of those who died repelling the enemy was less than the number of people who died in the initial attack on us. But no matter, our war will go on, because our enemy is large and has continued on. Still, we need to remember every American soldier and citizen, alike, in this war--including those in our first battle against the 9/11 attackers, those brave citizen-soldiers on United flight 93 who took over a hijacked airliner heading for the capital and put it down to save as many innocent lives as possible.

Memory is an important part of our country; it is a critical part to sustain it, to honor it, to love it. And sustaining, honoring, and loving it deserves. The words engraved at the top of our National Archives building, erected during the time of FDR, spoke to why. It states that "the glory and romance of our history," are preserved there. "Glory and romance" is, indeed, the 230-year-old story of who we are and what we have done.

But we are forgetting that, too. The great historian David McCullough recently warned that we are raising, "generation after generation of young Americans who are historically illiterate, we are running a terrible risk for this country. You could have amnesia of a society, which is as detrimental as amnesia of an individual." Indeed, in a recent survey, only 22% of college seniors could properly identify the phrase "Government of the people, by the people, and for the people;" 23% knew that James Madison was the Father of the Constitution; and only about a third of our college seniors knew that our Constitution established the division of power in our government. At the high school level, "American history is our worst subject," according to what education professionals recognize as our Nation's Report Card.

We cannot love what we have taken for granted and forgotten. We cannot honor what we do not know. We need to engage in what Tom Wolfe has called "the great relearning." There is no better time to start that relearning than on this Memorial Day, so that we can remember and honor what we have done and what we stand for. It is for this reason, and more, much more, that I dedicated my new book on American history, America: The Last Best Hope, this way: "To the American soldier, whose fidelity, patriotism, and valor have made this land the last best hope of earth."

Government by the People

Chapters 1: Constitutional Democracy

Define democracy.

Democracy is defined as a government which derives its powers from the consent of the people, given in regular, free, and fair elections
under conditions of freedom of the press, freedom of assembly, and freedom of speech.

Democracy reflects the interaction of various values, including popular consent, respect for the individual, equality of opportunity, and personal liberty.

Direct democracy is government in which citizens come together to discuss and pass laws and select rulers.

Representative democracy is government, which derives its powers indirectly from the people, who elect those who will govern.

Define constitutionalism.

Constitutionalism is defined as a system of government in which the highest law of the land (a constitution) reflects checks and balances, federalism, separation
of powers, due process, and protection of individual rights (as through the Bill of Rights).

Define other key terms related to constitutional democracy.

Constitutional democracy limits the power of those who occupy ruling
positions by creating checks and balances to their power.

Give a brief account of the historical background of the U.S. Constitution.

The colonists in America were struggling to find a balance of unity and diversity, stability and dissent, order and liberty.

Gradually, however, liberties spread in the new land. The trial of Peter Zenger, a New York publisher jailed for seditious speech, resulted in a "not guilty" verdict, helping establish freedom of the press (1734). By the 1770s American determination to fight the British and expand their rights and liberties had risen to fever pitch.

The Declaration of Independence in 1776 proclaimed that "all men are created equal, endowed by their creator with certain inalienable rights; that among them are 'life, liberty, and the pursuit of happiness.'" The ensuing government, under the Articles of Confederation, was a weak one, incapable of enforcing taxation; it was not even ratified by all the states until 1781, six years after the start of fighting in the Revolutionary War. By the war's end in 1783, many Americans had become convinced that a more effective form of government was necessary to the survival of the new republic.

Explain who the Federalists were and what central beliefs they held.

In the debate over ratification, Alexander Hamilton, James Madison, and other Federalists argued that the strong national government they proposed contained checks and balances to prevent political domination by any one faction.

The Federalist leaders were the elite, the rich and the better educated in some cases. In other states, the federalists were from the same general social and economic class as the Anti-federalists.


Articulate the basic positions of the Anti-Federalists.

The Anti-Federalists, often reflecting the views of rural areas, argued that the constitution contained the seeds of national domination of the states and, because of its lack of a bill of rights, domination of individual citizens.

Identify the authors of and explain the significance of The Federalist

John Jay, Alexander Hamilton, and James Madison coordinated their efforts and wrote a series of 85 letters under the name "Publius." These letters both explained the new Constitution and answered the charges of the Anti-Federalists. The letters were collected into a volume called "The Federalist," or "The Federalist Papers." The Federalists supported the Bill of Rights and carried the Constitution to ratification against the less-prepared Anti-Federalists who feared a strong central government would trample liberties


Outline the ratification process, explaining why some states were late to vote in support of the new Constitution.

Proposal means to suggest a change to the Constitution. There are two ways to propose an amendment. The first way is for two-thirds of both houses of Congress to recommend the change. All of the amendments to the Constitution were proposed using this procedure. The second method is if two-thirds of the states request a convention to propose amendments to the Constitution.
Ratification is the process of approving the proposed changes. The Constitution also has two methods of approving the proposed amendments. The first method is for three-fourths of the state legislatures to approve the change. The second method is for three-fourths of state conventions to approve the change. The second method was used only once in our history--to ratify the 21st Amendment. Repeal of the 18th Amendment.

After the Constitutional Convention, the fight for the Constitution had just begun. According to Article 7, conventions in nine states had to ratify the Constitution before it would become effective. Some states were highly in favor of the new Constitution, and within three months, three states, Delaware (with a vote of 30-0), Pennsylvania (46-23), and New Jersey (38-0), had ratified it. Georgia (26-0) and Connecticut (128-40) quickly followed in January, 1788 (for the exact dates of ratification, see The Timeline).
More than half-way there in four months, one might think that the battle was nearly won. But the problem was not with the states that ratified quickly, but with the key states in which ratification was not as certain. Massachusetts, New York, and Virginia were key states, both in terms of population and stature. Debates in Massachusetts were very heated, with impassioned speeches from those on both sides of the issue. Massachusetts was finally won, 187-168, but only after assurances to opponents that the Constitution could have a bill of rights added to it.
After Massachusetts, the remaining states required for ratification did so within a few months, with Maryland (63-11) and South Carolina (149-73) falling in line, and New Hampshire (57-47) casting the deciding vote to reach the required nine states. New York and Virginia still remained, however, and many doubted that the new Constitution could survive without these states.
Democracy is government by the people, either directly or indirectly, with free and frequent elections.
Direct democracy is government in which citizens vote on laws and select officials more directly.
Representative democracy is government that derives its powers indirectly from the people, who elect those who will govern; also called a republic.
Constitutional democracy is a government that enforces recognized limits on those who govern and allows the voice of the people to be heard through free, fair and relatively frequent elections.
Constitutionalism is the set of arrangements, including checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights, that requires leaders to listen, think, bargain, and explain before they act or make laws. We then hold them politically and legally accountable for how they exercise their powers.
Statism is the idea that the rights of the nation are supreme over the rights of the individuals residing in the nation.
Popular consent is the idea that a just government must derive its powers from the consent of the people it governs.
Majority rule is governance according to the expressed preferences of the majority.
Majority is the candidate or party that wins more than half the votes cast in an election.
Plurality is a candidate or party with the most votes cast in an election, not necessarily more than half.
Ideology is a consistent pattern of beliefs about political values and the role of government.
Theocracy is government by religious leaders, who claim divine guidance.
Articles of Confederation is the first governing document of the confederated states, drafted in 1777, ratified in 1781, and replaced by the present Constitution in 1789.
Annapolis Convention is a convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.
Constitutional Convention is the convention of Philadelphia, May 25 to September 17, 1787, that framed the Constitution of the United States.
Shay’s Rebellion was the rebellion by farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures; led by Daniel Shays and important because it highlighted the need for strong national government just as the call for the Constitutional Convention went out.
Bicameralism is the principle of a two-house legislature.
Virginia Plan is the initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature, the lower house to be elected by the voters and the upper chosen by the lower.
New Jersey Plan is a proposal at the Constitutional Convention made by William Patterson of New Jersey for a central government with a single house legislature in which each state would be represented equally.
Connecticut Compromise was the compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.
Three-fifths compromise was the compromise agreement between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
Federalists were the supporters of ratification of the Constitution whose position promoting a strong central government was later voiced in the Federalist party.
Antifederalists were the opponents of ratification of the Constitution and of a strong central government generally.
The Federalist was a series of essays promoting ratification of the Constitution, published anonymously by Alexander Hamilton, John Jay, and James Madison in 1787 and 1788.

Chapter 2: The Living Constitution
Explain the American system of checks and balances, differentiating it from the principle of separation of powers.
The framers of the Constitution feared the possible tyranny of the majority and so created a system of checks and balances to protect constitutional democracy from the whims of transient majorities. Checks and balances include the separation of powers, judicial review, and a bicameral legislature.
Separation of powers. The "separation of powers" principle provided by the Constitution allocated constitutional authority to the three branches of government — the legislative, the executive, and the judicial. The mere
separation of powers, however, was believed to be insufficient to guarantee against the abuse of federal power. What was needed were additional checks and balances.
Three key points about checks and balances are:
–
The constitutional system still allows a strong national government while protecting the rights of the individual.
–
The constitutional system is not static but has evolved through the process of constitutional amendment. There have been 27 amendments, with the 27th as recent as 1992 (it states any congressional pay raise cannot take effect until after the next session of Congress is elected).
–
Also, the constitutional system adapts through changing judicial interpretation, and changing practices of Congress and the presidency.
Explain the nature and significance of Marbury v. Madison (1803)
Judicial review is the power of a court to refuse to enforce a law which judges believe to be in violation of provisions of the Constitution. This principle was
established by the classic court case, Marbury v. Madison (1803). In this case, President John Adams had appointed many Federalists to judgeships in the
last hours of his "lame duck" administration, including William Marbury as Justice of the Peace for the District of Columbia.
The incoming President Thomas Jefferson's Secretary of State, James Madison, refused to deliver the appointment seal to Marbury. Chief Justice John Marshall, a Federalist, heard Marbury's appeal asking that the court issue a writ of mandamus forcing Madison to deliver the appointment papers. To grant
Marbury's request would run the risk of confrontation between the branches as Jefferson would likely refuse to honor the writ, and, indeed, Republicans in
Congress might even have sought Marshall's impeachment.
Instead, Marshall ruled that Section 13 of the Judiciary Act, under which Marbury was appointed, was unconstitutional since Article III of the Constitution gives the Supreme Court original jurisdiction only in cases when an ambassador, foreign minister, or a state is a party. Therefore, Marshall concluded, the Judiciary Act was void and the Supreme Court lacked the jurisdiction to hear Marbury's request for a writ of mandamus. Jefferson fumed but there was little he
could do to upset the historic precedent of judicial review established by Marshall in this case.
Explain the key similarities and differences of the American and British democratic systems.

Other democratic systems differ, such as the British parliamentary system, which lacks judicial review and is marked by concentrated responsibility (in Britain, parliament elects the prime minister, whereas in the U.S., the people elect Congress and the president independently; also, political parties are less
disciplined in support of party policies in the U.S.).

Illustrate the meanings of the terms congressional elaboration, presidential practices, and custom and usage, in relation to the evolution of the Constitution as an instrument of government.
American constitutional democracy is constantly changing. It changes through five basic principles.
Judicial review, Examples:
1. Supreme Court decision that a President could be sued in a civil matter as established by the preceding over the President Clinton scandal of making false statements to a grand jury.
2. Chief Justice John Marshall striking down state trade barriers promoted the growth of our unified economy.

Custom and usage, such as through the rise of political parties, which are not mentioned in the Constitution.
Congressional elaboration, as through establishment of practices related to the impeachment of presidents and high officials, exercised 17 times for various officials. Examples: Bill Clinton and Richard Nixon
Presidential practices, such as the assertion of executive privilege to withhold information, and impoundment of appropriated funds.
Example of executive priviledge to withhold information:
September 11th, 2001: President Bush declares a National Emergency, which gives the president special powers, including withholding from congress and/or the public any information deemed potentially sensitive regarding national security.
November 2001: Bush signs Exec. Order 13233 restricting public access to the papers of the former Presidents, just as Reagan papers were to be released.
November 2001: Several civil liberties and historical groups, including Reporters Committee, file suit against White House to gain access to 68,000 Reagan Administration documents
December 2001: Bush signs Administrative Order impowering Secretary Of Health and Human Services to classify information as “secret”. Dept. formerly had no classified documents.
December 2001: Bush asserts executive privilege to withhold from Congress documents relating to work of the Campaign Finance Task Force.
December 2001: President signs Intelligence Authorization Act, citing that “the president has a constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, or deliberative processes of the executive or the performance of the executive’s constitutional duties, as well as the CIA director’s responsibility to protect intelligence sources and methods and other …sensitive matters.”
Example of the impoundment of appropriate funds. The history of accepting or resolving impoundments broke down during the Nixon administration for several reasons. First, President Nixon impounded much greater sums than had previous presidents, proposing to hold back between 17 and 20 percent of controllable expenditures between 1969 and 1972. Second, Nixon used impoundments to try to fight policy initiatives that he disagreed with, attempting to terminate entire programs by impounding their appropriations. Third, Nixon claimed that as president, he had the constitutional right to impound funds appropriated by Congress, thus threatening Congress's greatest political strength: its power over the purse. Nixon claimed, "The Constitutional right of the President of the United States to impound funds, and that is not to spend money, when the spending of money would mean either increasing prices or increasing taxes for all the people—that right is absolutely clear."
In the face of Nixon's claim to impoundment authority and his refusal to release appropriated funds, Congress in 1974 passed the Congressional Budget and Impoundment Control Act, which reformed the congressional budget process and established rules and procedures for presidential impoundment. In general, the provisions of the act were designed to curtail the power of the president in the budget process, which had been steadily growing throughout the twentieth century.
The Impoundment Control Act divides impoundments into two categories: deferrals and rescissions. In a deferral, the president asks Congress to delay the release of appropriated funds; in a rescission, the president asks Congress to cancel the appropriation of funds altogether. Congress and the president must follow specific rules and procedures for each type of impoundment.
Constitutional amendments, such as the 26th Amendment, which gave 18-year-olds the right to vote in 1971.

Explain the four ways in which the Constitution can be amended.
Process of amendment
Main article: Article Five of the United States Constitution
Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. As of mid-2006, only the first method (proposal by Congress) has been used.
Once proposed—whether submitted by a national convention or by Congress—amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent
Key Terms
Natural Law is God’s or nature’s law that defines right from wrong and is higher than human law.
Separation of powers is the Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.
Checks and Balances is the Constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no branch can dominate.
Divided government is governance divided between the parties, especially when one holds the presidency and the other controls one or both houses of Congress.
Direct primary is an election in which voters choose party nominees.
Initiative is a procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters.
Referendum is a procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution.
Recall is the procedure for submitting to popular vote the removal of officials from office before the end of their term.
Judicial Review is the power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S Constitution or, in a state court, the state constitution.
Writ of Mandamus is a court order directing an official to perform an official duty. See Marbury vs. Madison
Impeachment is a formal accusation against a public official, the first step in removal from office.
Executive order is a directive issued by a president or governor that has the force of law.
Executive privilege is the power to keep executive communications confidential, especially if they relate to national security.
Impoundment is the presidential refusal to allow an agency to spend funds authorized and appropriated by Congress.









Bill or Rights
1. Religion, speech, Assembly and Politics
2. Militia and the Right to Bear Arms
3. Quartering of Soldiers
4. Search and Seizures
5. Grand juries, Self-Incrimination, Double jeopardy, Due process, and Eminent Domain.
6. Criminal Court Procedures
7. Trial by jury in Common Law Cases
8. Bail, Cruel and Unusual Punishment
9. Rights Retained by the People
10. Reserved Powers of the States
11. Suits against the States
12. Election of the President
13. Prohibition of Slavery
14. Citizenship, Due Process, and Equal Protection under the laws.
15. The Right to Vote
16. Income Taxes
17. Direct Election of Senators
18. Prohibition
19. Women’s Suffrage
20. The Lame Duck Amendment
21. Repeal of Prohibition
22. Number of Presidential Terms
23. Presidential Electors for the District of Colombia
24. The Anti-Poll Tax Amendment
25. Presidential Disability, Vice Presidential Vacancies
26. Eighteen-Year-Old Vote
27. Congressional Salaries
Chapter 3: American Federalism
Define Federalism
Federalism is the constitutional division of powers between the national government and the sub-national governments (such as the states in the USA)
Overall, Federalism is a system of government that checks tyranny, allows unity without uniformity, encourages experimentation and keeps government closer to the people.
Discuss alternatives to federalism, such as unitary systems and confederations
Confederations was a weak collaboration of states
Explain dual, cooperative, marble cake, competitive and new federalism
Dual federalism is the distribution of powers and responsibilities to both the central government and the states, giving each dominance over their own separate spheres.
Cooperative federalism stresses the intergovernmental collaboration of the national government and the states – cross cutting policy areas.
Marble Cake federalism is a complex pattern of relationship between the national government and the states involved in many policy areas.
New Federalism is a return of power to the states through such mechanisms as revenue sharing and block grants.
Permissive federalism suggests that the share of power enjoyed by the states comes at the permission of the federal government.
Competitive federalism is the competition of the national government and the states for the support of the citizens in many different policy areas.
Describe which powers the constitution confers to the federal government and which it reserves to the states
The federal government has express and implied powers such as the power to create banks and control the common currency
The necessary and proper clause gives Congress the power to create laws and the national supremacy article makes the Constitution and federal law supreme over the laws of the states.
The Commerce Clause gives Congress the power to regulate interstate commerce, which includes the power to impose taxes.
The Constitution gives the federal government the power over national defense, issuing currency and postal mail.
State “police powers” encompassed policing, education, welfare, and economic regulation. However, in the twentieth century, the federal government entered into every arena thought to be reserved to the states by the tenth amendment.
Give a brief historical account of the rise of federal powers and the movement in the last few decades to devolve power back to the states.
Budget considerations create pressures to devolve further functions back the states.

Identify and explain the role of the Supreme Court with regard to cases affecting Federalism, including the decision in McCullock v. Maryland (1819)
McCullock v. Maryland defined the division of powers between the states and national governments. In this case, Maryland had imposed a tax on a local branch of the bank of the United States, a semipublic agency of Congress.
The federal government argued that it had a right to establish this bank under the implied powers of the Constitution, whereas Maryland contended that these implied powers had to be limited to those absolutely essential to express powers like regulating currency.
Chief John Marshall ruled that the “power to tax was the power to destroy” and that state taxation of the federal government was therefore an unconstitutional violation of the national supremacy clause.
This “states-rights” versus “national supremacy” argument would continue until the civil war.
Describe how the system of federal grants extends federalism
Federal grants serves to supply states and local governments with revenue, establish minimum national standards, and equalize resources by need and geography.
Grants are a way of attacking national problems while minimizing the growth of the federal bureaucracy.
Revenue sharing (1972- 1980’s) transferred federal funds to the states and local municipalities with minimal conditions. It was discontinued in 1986 due to a soaring deficit in Reagan’s second term and Congresses dissatisfaction with the process which left Congress out of the loop.
Categorical-formula grants automatically appropriate funds, such as highway construction funds, to the states based on a negotiated formula, often involving state matching funds.
Categorical funds are similar but imply a greater degree of federal supervision. These include programs such as Medicaid and Medicare, which Congress authorizes but for which no set sum is determined in advance. If additional funds are needed before the start of the new fiscal year, these funds are usually provided.
Block grants. In welfare, child care, education, social services and health care, large grants exist which are distributed to the states with few strings. Congress appropriates a set sum and when these funds are exhausted, no further funds are available.
Project grants. National Science Foundation and similar project grants distribute a set sum appropriated by Congress based on project applications from qualified states, local governments, organizations and individuals.
Key Terms
Express powers are powers specifically granted to one of the branches of the national government by the Constitution.
Implied powers are powers inferred from the express powers that allow Congress to carry out its functions.
Necessary and proper clause is the Clause of the Constitution setting forth the implied powers of Congress. It states that Congress, in addition to its express powers has the right to make all laws necessary and proper for carrying out all powers vested by the Constitution in the national government.
Inherent powers is the powers of the national government in the field of foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.
Commerce clause is the clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines of affect more than one state or other nations.
Federal mandate is a requirement imposed by the federal government as a condition for the receipt of federal funds.
Concurrent powers are powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.
Full faith and credit clause is the Clause in the Constitution requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid.
Extradition is the legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Interstate compact is an agreement among two or more states. The Constitution requires that most such agreements be approved by Congress.
National supremacy is the Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the national government prevail.
Preemption is the right of a federal law of regulation to preclude enforcement of a state or local law or regulation.
Centralists are people who favor national action over action at the state or local levels.
Decentralists are people who favor state or local action rather than national action.
States’ rights are powers expressly or implicitly reserved to the states and emphasized by decentralists.
Devolution revolution is the process of handing over authority back to the states such as giving states a greater role over how federal rural development funds may be used.

Chapters 15: First Amendment Freedoms

Explain the four major freedoms defined in the First Amendment.

It reads, "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 the redress of grievances."

Yet this simple language has led to more enduring controversy from its ratification in 1791 to the present day than perhaps any other portion of the Constitution.

Explain how selective incorporation gradually applied the Bill of Rights, originally meant just for the federal government, to the states, giving a few illustrative Supreme Court cases.

The Bill of Rights was created as a curb on the power of the national government. Not part of the original Constitution as framed by Federalist founding fathers, it was created by an upswelling of demand from the states and the people. Only later did the Supreme Court interpret the Fourteenth Amendment's due process clause to selectively incorporate most, but not all, of the Bill of Rights into due process required of the states.

This nationalization of the Bill of Rights started early with rulings on no taking of property without due process (Barron v.Baltimore, 1883), then much later with rulings on freedom of speech (Gitlow v. New York, 1925). However, selective incorporation mainly occurred from the 1930s through the 1960s.

INCORPORATION (!!)

- with the substantive due process issue, the power of judicial review (by courts) was greatly expanded:
it gave the federal courts unqualified discretion to decide what substantive rights are protected under Due Process and how extensive that protection is. There are two ways the Supreme Court does this:
Under the substantive wing of the "Incorporation" doctrine, where the Court adopt selected provisions of the Bill of Rights and apply them to the states under Due Process.
Under the "Fundamental Rights" theory, where the Court adopts whatever substantive rights it thinks are so basic, natural and fundamental that they must be protected even without reliance on any particular provision of the Constitution. Instead the Court is said to root these guarantees directly in the word "Liberty" in the Fourteenth Amendments Due Process Clause.
Once the federal courts decide what substantive rights are protected by Substantive Due Process, it can use Judicial Review to enforce these rights by reviewing all state legislation for compliance with these rights.

Barron vs. Baltimore (1833) (example of non-incorporation)

- John Barron was co-owner of a profitable wharf in the harbor of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses.
- Issue: Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner?
- Decision: The Court announced its decision in this case without even hearing the arguments of the City of Baltimore. Writing for the unanimous Court, Chief Justice Marshall found that the limitations on government articulated in the Fifth Amendment were specifically intended to limit the powers of the national government. Citing the intent of the framers and the development of the Bill of Rights as an exclusive check on the government in Washington D.C., Marshall argued that the Supreme Court had no jurisdiction in this case since the Fifth Amendment was not applicable to the states.
- effect: the Bill of Rights applies only to the national government, not the states. Between 1880 and 1924, the Court rejected incorporation in 9 occasions, and stuck by the Barron rule.

Gitlow vs. New York (1925) (example of Incorporation of the 14 Amendment)

- Facts: Benjamin Gitlow was convicted in the Supreme Court of New York for having published and circulated, unlawfully, pamphlets and leaflets detrimental to the government. These advocated overthrowing organized government by violent and other unlawful means. Gitlow appealed the case through the Appellate Division and Court of Appeals of the New York system.
- Issue: Does the New York State Criminal Anarchy statute contravene the due process clause of the Fourteenth Amendment?
- Decision: No. (vote 7-2) Reason: There is no absolute right to speak or publish, without responsibility, whatever one may choose. A state in the exercise of its police power may punish those who abuse this freedom by utterances inimical to the public welfare. Utterances such as the statute prohibited, by their very nature, involve danger to the public peace and to the security of the state. The statute was not arbitrary or unreasonable.
- This case has long been regarded as a "landmark" decision because here for the first time the Court held portions of the "Bill of Rights" applicable to the states by means of the Fourteenth Amendment. (incorporation!!!)
- By considering the case, they established incorporation. Henceforth, the court examines whether the individuals rights have been violated.

United States vs. Darby (1938) (example of Incorporation of the 14 Amendment)
In 1938, Congress passed the Fair Labor Standards Act to regulate many aspects of employment including minimum wages, maximum weekly hours, and child labor. Corporations which engaged in interstate commerce or produced goods which were sold in other states were punished for violating the statute.
Question Presented
Was the act a legitimate exercise of Congress's power to regulate interstate commerce?
Conclusion
The unanimous Court affirmed the right of Congress to exercise "to its utmost extent" the powers reserved for it in the Commerce Clause. Relying heavily on the Court's decision in Gibbons v. Ogden (1824), Justice Stone argued that the "motive and purpose of a regulation of interstate commerce are matters for the legislative judgment . . . over which the courts are given no control." Congress acted with proper authority in outlawing substandard labor conditions since they have a significant impact on interstate commerce.
1824-- Gibbons vs. Ogden-the Supreme Court defines Congress's power to regulate commerce, including trade between states and within states if that commerce affects both states.
Amendment X

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.

The Roosevelt Court was responsible for the interment of the Tenth amendment as a "truism" in United States v. Darby, 312 U.S. 100, 61 S.Ct. 451, 85 L.Ed. 609 ( 1941), and the Warren Court has "nationalized" virtually the entire Bill of Rights. 4 Over a quarter century of emphasis on the federal role in the protection of federal rights and liberties, combined with the disrepute state courts fell into during the era of desegregation, make it easy to understand how state courts have come to be neglected and their impact on public policy ignored.

Interment is synonymous with: Burial.

Define new judicial federalism and the changing role of state bills of rights.

Current controversy now centers on the concept of new judicial federalism. This doctrine holds that Supreme Court rulings set minimum standards for
the Bill of Rights, but state supreme courts can set even higher standards in interpreting state bills of rights.

In Baker v. State,

1 the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage.

2 The decision has been hailed by some commentators for what they see as its progressive understanding of sexual orientation in the context of the constitutional commitment to equal treatment.

3 Baker has also been praised by state constitutional scholars,

4 who have welcomed the decision as a prototypical example of the New Judicial Federalism—that is, of decisions based upon state constitutional provisions that “have served either as independent and adequate bases, or as the only bases, for ruling on questions of individual rights and liberties.”

5 Robert Williams, for example, has suggested that Baker “provides a methodological primer [for state constitutional interpretation] with application far beyond the merits of its substantive outcome.

As Justice William Brennan would agree, one of the geniuses of the American federal system is the allowance for the double protection of individual rights made possible by the presence of the federal and state constitutions.

Define the establishment clause and explain the three-part test imposed by the Lemon doctrine regarding the separation of church and state, and apply it to the issue of aid to religious and parochial schools.

The establishment clause of the First Amendment sets a wall of separation between church and state.

The prevailing doctrine was set in the Supreme Court case Everson v. Board of
Education (1947) as extended by the decision, Lemon v. Kurtzman (1971), which created a three-part test for the constitutionality of laws affecting religion:
(1) they must have a secular purpose;
(2) their primary effect must not be to advance or inhibit religion; and
(3) they must avoid the excessive entanglement of government with religion.

"The court found that the parochial school system was "an integral part of the religious mission of the Catholic Church," and held that the Act fostered "excessive entanglement" between government and religion, thus violating the Establishment Clause."

There are four different views, which would modify the Lemon test:

Ø The non-preferentialist doctrine, advocated by Justices Rehnquist, Scalia, and Thomas, would allow laws advancing religious activities provided that individuals are not coerced into religious participation and no one religion is favored.

Ø The neutrality test, advocated by Justice Souter, would allow a law if it favors no one religion and is neutral in advancing religious groups no more than any other class of groups.

Ø The endorsement test, advocated by Justice O'Connor, would disallow laws, which a reasonable observer would interpret as endorsing religion, even if no coercion is present.

Ø The coercion test, advocated by Justice Kennedy, focuses on disallowing laws, which coerce people into religious activities, as does prayer at high school graduations.

Explain the significance of events of the 1990s, such as the Employment Division v. Smith case and the Religious Freedom Restoration Act of 1993.
Employment Division vs. Smith (1990)
Facts of the Case
Two Native Americans who worked as counselors for a private drug rehabilitation organization, ingested peyote -- a powerful hallucinogen -- as part of their religious ceremonies as members of the Native American Church. As a result of this conduct, the rehabilitation organization fired the counselors. The counselors filed a claim for unemployment compensation. The government denied them benefits because the reason for their dismissal was considered work-related "misconduct." The counselors lost their battle in state court. But the U.S. Supreme Court vacated the Oregon Supreme Court's judgment against the disgruntled employees, and returned the case to the Oregon courts to determine whether or not sacramental use of illegal drugs violated Oregon's state drug laws (485 U.S. 660 (1988)). On remand, the Oregon Supreme Court concluded that while Oregon drug law prohibited the consumption of illegal drugs for sacramental religious uses, this prohibition violated the free exercise clause. The case returned to the U.S. Supreme Court in this new posture.

Question Presented
Does the state law violate the Free Exercise Clause of the First Amendment?

Conclusion
No. Justice Scalia, writing for the majority, observed that the Court has never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that government is free to regulate. Allowing exceptions to every state law or regulation affecting religion "would open the prospect of constitutionally required exemptions from civic obligations of almost every conceivable kind." Scalia cited as examples compulsory military service, payment of taxes, vaccination requirements, and child-neglect laws.
The Religious Freedom Restoration Act of 1993 (RFRA).

Prior to the decision in Employment Division v. Smith (1990), the government had to prove a compelling interest in a law infringing on religious freedom. Specifically, in the legal case mentioned, the Court upheld the withholding of unemployment benefits from Indians using peyote in religious ceremonies.

That and subsequent cases, set off a wave of protest from the religious community, culminating in passage of the RFRA, which attempted to restore the compelling interest test. In 1997 the Catholic Archbishop of San Antonio claimed the city's refusal of a building permit due to
historic preservation rules violated the church's rights under the RFRA

In the RFRA, the Congress finds that—

(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;

(2) laws 'neutral' toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;

(3) governments should not substantially burden religious exercise without compelling justification;

(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and

(5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.


In the court case, which ensued, the Supreme Court ruled the RFRA was an unconstitutional intrusion into the role of the courts and the states. Supporters of the RFRA mobilized around similar legislation which was thought capable of standing Supreme Court challenge, but
such legislation has not yet been enacted.

Outline Supreme Court doctrines regarding freedom of speech and of the press, including prior restraint, vagueness, overbreadth, least drastic means, content neutrality, and the different places of political and commercial speech.

First Amendment freedoms have been particularly controversial in the case of radicals and subversives. The Alien and Sedition Acts of 1798 were directed against the anti-federalist press and represented a low point in American civil liberties.

The Red Scare of the WWI era allowed many anti-war activists, some anarchists and socialists like Eugene Debs, to be incarcerated for their beliefs.

The Smith Act of 1940 criminalized the Communist Party and was used to put its top leadership on trial for their beliefs in the necessity for revolution, not any specific act of sedition.

In each case, there was short-run of support for these restrictions on radical expression (ex., the Smith Act was upheld in Dennis v. United States, 1951), but later there was reaction against the suppression of civil liberties that each represented.

With regard to freedom of speech, there are three historical tests and seven currently prevailing tests for the constitutionality of legislation restricting freedom of religion.

Ø Bad Tendency Doctrine: established in Gitlow v.New York (1925), this test allowed legislatures to restrict speech on the expectation it might lead to illegal action (this test was later discontinued).

Ø Clear and Present Danger Doctrine: articulated by Justice Oliver Wendell Holmes, this doctrine required the government show an immediate danger of a major evil.

Ø Preferred Position Doctrine: articulated by Justice Hugo Black, this absolutist position held freedom of speech was a preeminent freedom, which could never be abridged.


Current Tests

Ø Prior Restraint: Legislation preventing publication or speech before it happens is almost always unconstitutional.

Ø Vagueness: Laws are frequently voided if they are not specific with regard to banned content (ex., "indecent material" may be
too vague, but "child pornography" is not).

Ø Overbreadth: Laws which can be interpreted to ban protected speech is unconstitutional.

Ø Least Drastic Means: Laws are unconstitutional if they restrict speech and if a less restrictive means are available.

Ø Content Neutral: Laws that try to restrict speech because of its specific content or point of view are more likely to be found unconstitutional than laws that are neutral toward content.

Ø Centrality of Political Speech: Political speech receives more protection than other types.

Ø Commercial Speech: Commercial speech receives less protection than non-commercial speech.

Explain differences in applying the First Amendment to speech in public forums, to newspapers, to broadcast media, and to telecommunications such as the telephone and the Internet.

Freedom of the press raises many issues. Is there a right to access the government information needed by the press? This issue has led to sunshine laws for open meetings, and the Freedom of Information Act of 1966 (FOIA), which has liberalized public access to non-classified government records. Its extension in the Electronic Freedom of Information Act of
1996 (EFOIA) mandates federal agencies to put public information online, though the degree of compliance varies widely.

Do presidents have executive privilege to withhold information? In United States v. Nixon (1974) the Court said usually, but not always.

Can the Post Office suppress pornographic or subversive literature? The Court has held government censorship of the mail as unconstitutional, though the Post Office can let individual households give standing orders to not deliver certain types of mail.

Do some media have less freedom than others? Live theater has less discretion than film or print, and the mass media has the least freedom.

Identify the fairness doctrine and the equal-time requirement, and how
changes in the environment led to their abandonment in 1987.

A major issue in radio and television broadcasting centered on the FCC regulations, which required a diversity of viewpoints (the fairness doctrine) and provision of equal air time for opposing candidates and editorial views (the equal time requirement). In force from 1949, these regulations were dropped in 1987, partly on the argument that the proliferation of channels and additional media, such as cable, made regulation no longer necessary.

Give the Supreme Court's definition of obscenity in Miller v. California (1973), and explain subsequent pornography rulings.

Obscenity was defined by the Supreme Court in Miller v. California (1973), which held work obscene if, by applying local community standards, it was patently offensive or appealed to prurient interest in sex, and lacked serious
literary, artistic, political, or scientific value. The Miller doctrine, however, allowed local communities to suppress works not only locally, but nationally. This, and the intrinsically non-local nature of new media such as the Internet, have led to efforts to reformulate the Court position on pornography.

Electronic Communication: Cyberspace poses new challenges for the issue of freedom of the press. The Communications Decency Act of 1996 (CDA) sought to ban transmission to children of indecent material over the Internet.
This legislation immediately became embroiled in the courts over the issues of vagueness, overbreadth, and least restrictive means (the argument that there are technology-based means to prevent access by minors other than outright ban on erotic communication).

The Supreme Court upheld parts of the law and overturned others, allowing many forms of sexual communication over the Internet to continue. Supporters of the CDA continue to press for additional restrictive legislation.

The Supreme Court has ruled that not all speech is constitutionally protected by the First Amendment.

Gitlow vs. New York: There is no absolute right to speak or publish, without responsibility, whatever one may choose. A state in the exercise of its police power may punish those who abuse this freedom by utterances inimical to the public welfare. Utterances such as the statute prohibited, by their very nature, involve danger to the public peace and to the security of the state.

Pornography (differentiated from obscenity as works presenting abuse of women as a sexual stimulus, this has become an object of attack by religious conservatives and liberal feminists alike); fighting words (some colleges assert the right to regulate insulting language offensive to women, gays, or minorities); and seditious speech (the Sedition Act of 1798 against anti-
Federalists and the Smith Act of 1940 against communists and their sympathizers were both eventually overturned, but not before they had
done much damage).

Explain the impact of Supreme Court rulings about freedom of assembly with respect to union picketing, expressive action like flag-
burning, and abortion clinic demonstrations.

Freedom of assembly is not absolute but is restricted by place. The greatest freedom exists in public forums, such as streets and sidewalks. Freedom of assembly does not exist in private forums like airports and libraries, even if publicly owned.

In limited public forums, such as designated rooms in city halls or after-hours school buildings, freedom of assembly exists but may be regulated
in time, duration, and other dimensions. Freedom of assembly does not exist on private property, but shopping malls present a special case. Malls
may forbid handing out leaflets, picketing, and the like, but municipalities may overrule mall owners to force them to allow such activities.

Give a brief historical account of regulation and Supreme Court rulings with regard to radicals, subversion, and sedition.

First Amendment freedoms have been particularly controversial in the case of radicals and subversives.

The Alien and Sedition Acts of 1798 were directed against the anti-Federalist press and represented a low point in American civil liberties.

The Red Scare of the WWI era allowed many anti-war activists, some anarchists and socialists like Eugene Debs, to be incarcerated for their beliefs.

The Smith Act of 1940 criminalized the Communist Party and was used to put its top leadership on trial for their beliefs in the necessity for revolution, not any specific act of sedition.

In each case, there was short-run support for these restrictions on radical expression (ex., the Smith Act was upheld in Dennis v. United States, 1951), but later there was reaction against the suppression of civil liberties that each represented.

Key Terms

Writ of Habeas corpus is the court order requiring explanation to a judge why a prisoner is being held in custody.

Ex post facto law is retroactive criminal law that works to the disadvantage of an individual; forbidden in the Constitution.

Bill of Attainder is legislative act inflicting punishment, including deprivation of property, without a trial, on names individuals or members of a specific group.

Due Process Clause is the Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any persons of life, liberty or property without due process of law.

Selective incorporation is the process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local government.

Establishment clause is the clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. It has been interpreted by the Supreme Court as forbidding governmental support of any or all religions.

Vouchers are money provided by the government to parents in payment of their children’s tuition in a public or private school of their choice.

Free Exercise clause is the clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Bad Tendency Test is interpretation of the First Amendment that would permit legislature to forbid speech encouraging people to engage in illegal action.

Clear and present danger test is interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts. To shout “Fire!” falsely in a crowded theater is Justice Oliver Wendell Holmes’s famous example.

Preferred Position Doctrine is interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do.

Nonprotected speech is libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.

Libel is written defamation of another person. Especially in the case of public officials and public figures, the constitutional tests designed to restrict libel actions are very rigid.

Sedition is attempting to overthrow the government by force or to interrupt its activities by violence.

Obscenity is the quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, political or scientific value.

Fighting words are words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.

Commercial speech is advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading acts.

Prior restraint is censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.

Civil disobedience is deliberate refusal to obey a law or comply with the orders of public officials as means of expressing opposition.


Chapter 16: Rights to life, liberty and property

Enumerate the constitutional rights of individuals mentioned in the original Constitution, prior to the Bill of Rights.

Although public officials in the United States do wield great power, their actions are constrained by a system of constitutional rights which apply to
citizenship rights, education rights, voting rights, rights to public accommodations, rights to jobs, rights to housing, property rights, privacy rights, and the rights of persons accused of crimes.

Fundamental rights established in the original Constitution, prior even to the Bill or Rights, included the writ of habeas corpus, which provides a method of court challenge to free individuals who have been incarcerated improperly. It literally means produce the body.

This right has been restricted by recent Supreme Court decisions, partly in response to an overload of court cases. The original Constitution also banned ex post facto laws (legislation inflicting criminal punishments for acts legal at the time) and bills of attainder (legislation inflicting punishments, such as seizure of property, without judicial trial).

Even aliens are guaranteed certain human rights under the Constitution, though the government is not obligated to provide them
benefits. Citizens, however, hold an office with responsibilities and powers (such as the rights to travel and to vote). Aliens, who may be
denied citizenship benefits like welfare (as Congress did temporarily in 1996), can become citizens through the process of naturalization.
Rights of American citizens include the right to live in the United States and the right to travel abroad.

Explain the meaning of citizenship as an "office."

Citizens hold an office with responsibilities and powers (such as the rights to travel and to vote).

Give a brief historical account of the origin and later reinterpretation of the contract clause.

Protecting property against "debtor interests" was a central motivation of the framers of the Constitution. The contract clause (Article I, Section 10) was intended to prevent states from giving debtors more time to meet their contractual debts, but Chief Justice John Marshall expanded this by interpretations forbidding states to abridge privileges conferred on corporations.

It was not until the 1880s, in the "police powers" cases, that the Court allowed any regulation of corporations, and then only for purposes of protecting public health, safety, welfare, and morals. Not until Home Building & Loan Association v. Blaisdell (1934) did the Court allow contracts between individuals to be modified to avert social evils, the contract clause notwithstanding.


Trace the development of substantive due process since the 1930s.

Governments have the power to take property through "eminent domain" and through "regulatory takings" (regulations which remove
the value from property without actually taking title, as does eminent domain). However, courts have imposed a series of due process
requirements: fundamental fairness, adequate notice, and the opportunity for those affected to be heard.

Procedural due process deals with requirements pertaining to fairness in the way laws are enforced, while substantive
due process are requirements banning the government from certain activities.

Webster defines the due process of law requires procedure that hears before it condemns, proceeds upon inquiry, and renders judgement only after a trial or some kind of hearing.

Substantive due process played a major role prior to 1937 in the Supreme Court's overturning of federal efforts at economic
regulation.





Discuss the Supreme Court's privacy decisions in relation to abortion and homosexuality.

Privacy rights are not mentioned in the Constitution, but have been held to be implied by it.

In Griswold vs. Connecticut (1965), the Supreme Court pulled together elements of the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments to recognize that personal privacy is one of the rights protected by the Constitution.
Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law, which criminalized the provision of counseling, and other medical treatment, to married persons for purposes of preventing conception.

Question Presented
Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?

Conclusion
Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this right and is therefore null and void.

The right to privacy extends to a woman's control of her own body and thus privacy rights involve the abortion issue. Roe v. Wade (1973) established a woman's right to an abortion in the first trimester of pregnancy, though this right has been trimmed somewhat by recent Supreme Court decisions.

The right to privacy is also asserted as a basis for sexual orientation, but thus far protection has not been extended to relations between homosexuals, though it has come close in Roemer v. Evans (1996), in which it struck down an anti-gay provision of the Colorado state constitution on grounds it violated the equal protection of the laws.

There are three aspects this right:

(1) The right to be free from government surveillance and intrusion, especially with respect with decisions on sexuality
(2) The right not o have private affairs made public by the government and,
(3) The right to be free in thought and belief from governmental regulations.

Evaluate court treatment of the rights of the accused, including the exclusionary rule and Miranda warnings.

Critics contend judicial procedures have too many loopholes, are unreliable and discriminatory, and that court decisions have hamstrung the police and coddled criminals. Supporters of the rights of the accused point to studies showing well-trained police can get convictions without resort to unconstitutional means. There is a similar debate over the jury system, with some seeing it as unreliable and costly, and others seeing it as the basis of our constitutional freedoms.

Protection from unreasonable searches and seizures requires police, if they have time, to obtain a search warrant, issued by a magistrate after the police indicate under oath that they have probable cause to justify its issuance.

The Fourth Amendment places substantial limits on the use of what is called deadly force. Also, when feasible, the officer must first warn the suspect, “Halt or I’ll shoot.”

There are several other exceptions to the general rule against warrantless searches and seizures of what is found by police and customs officials.

Ø The plain-view exception permits officers to seize evidence without a warrant if they are lawfully in a position from which the evidence can be viewed.
Ø Exigent Circumstances. Searches are permissible when officers do not have time to secure a warrant before evidence is destroyed, when a criminal escapes capture, or when there is need to protect or preserve life or avoid serious injury.
Ø The Automobile Exception is probable cause to search a vehicle believed to being used to commit a crime or contains persons believed to have committed crimes.
Ø Foreign Agents is the presidential claim that a president can authorize warrantless wiretaps and physical search of agents of foreign countries.

Racial Profiling is the police targeting of racial minorities as potential suspects of criminal activities.

The exclusionary rule is the requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.

Immunity is exemption from prosecution for a particular crime in return for testimony pertaining to the case.

The Miranda warning is read to a suspect by a police officer to inform him of his rights, such as his right to remain silent, that anything he says can and will be used against him in a court of law. He has a right to an attorney. If he can not afford an attorney, one will be issued.

The Grand Jury is 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If sufficient evidence is presented, they issue an indictment.

An indictment is a formal written statement from a grand jury charging an individual with an offense; also called a true bill.

After indictment, the prosecutors and attorneys present the possibility of a plea bargain whereby the defendant pleads guilty to a lesser offense that carries a shorter prison sentence.

A petit jury is jury of 6 – 12 persons that determines guilt or innocence in a civil or criminal action.

Three strikes and you’re out. Three felonies and you have a lifetime sentence.

Double jeopardy is trial or punishment for the same crime by the same government; this is forbidden by the Constitution, but does not prevent punishment from separate states for the same crime.

Evaluate the debate over the effectiveness of the American system of justice.

(1) Too many loopholes – the public never knows who to hold responsible when laws are not enforced
(2) Too unreliable – Critics point to the trial by jury as the chief source of trouble.
(3) Too discriminatory – the Supreme Court has worked very hard to enforce the ideal of equality of law regardless of income level.
(4) Unfair to minorities – the perception of discrimination of African Americans, Hispanics and Middle Eastern Communities is damaging enough.


Community policing is when police are assigned to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities.
Chapter 17 Key Terms
Natural rights are the rights of all people to dignity and worth; also called human rights.
Affirmative action is remedial action designed to overcome the effects of past discrimination against minorities and women.
Women’s suffrage is the right of women to vote. 19th Amendment
Equal protection clause is the clause in the fourteenth amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. The Fifth amendment imposes the same limitation on the national government. This is restraint on the government to discriminate against persons because of race, national origin, or sex.
Due Process clause is the clause in the Fifth Amendment limiting the power of the national government; the Fourteenth amendment prohibits government from depriving any person of life, liberty or property without due process of law.
White Primary is a primary operated by the Democratic party in southern states that, before Republicans gained strength in the “one-party” south essentially constituted an election; ruled unconstitutional in Smith vs. Allwright
Poll Tax is payment required as a condition for voting. Prohibited by the twenty-fourth amendment and in the court case of Harper vs. Virginia Board of Elections
Literacy test was the literacy requirement imposed by some states as a condition for voting.
Jim Crow laws are state laws formerly pervasive throughout the South requiring public facilities and accommodations to be segregated by race, ruled unconstitutional.
De jure segregation is segregation imposed by law.
De facto segregation is segregation resulting from economic or social conditions or personal choice.
Commerce Clause is the clause of the constitution that gives Congress the power to regulate all business activities that cross state lines or affects more than one state or other nations.
Class Action Suit is a lawsuit brought on by individuals or a group of people on behalf of all those similarly situated.
Restrictive covenant is a provision in a deed to real property prohibiting its sale to a person of a particular race or religion.


Chapter 4

Define “political culture”
Beliefs, Values and Social Norms in relation to
The widely shared beliefs, values, and norms concerning the relationship of citizens to government and to one another.

What does the textbook consider to be the ideology of most Americans over time? (liberal? moderate? or conservative?)
The textbook considers the ideology of most Americans to be moderate or not very ideological. The book states that only a small percentage of the American population saw themselves as extreme liberals or extreme conservatives. There are simply more people that express moderate views leaning slightly liberal or slightly moderate.

What are the sources of American political culture?

One of the primary sources of the American political culture is the family. The family is where children are taught morals and values and what it means to be an American. Moreover, children get a better sense of their place in history by learning about the history of their ancestors.
Another source is the public school system. The school is where children learn about values by studying history, politics and economics. In some cases, teachers and students start the day with the Pledge of Allegiance or by saluting the flag. Students are also given the opportunity to put into practice what they learn by exercising their voice in student-run government and newspapers.
At the collegiate and university level, a “sense of civic duty” is instilled through the study of the evolution of government. It’s at this level, that students develop greater self-confidence and a feeling of increased self-worth, which enables them to deal more effectively in the American political culture.
Another important source is the diversity of our religious groups. The interchange between these groups has helped to develop and maintain the moral fiber of our country. Moreover, the study of religion has guided our most influential leaders in finding solutions to many complex social issues, such as slavery and depression.
And finally, mass communication vehicles, such as television and the Internet, have come along to play an intricate role in shaping the pop culture. According to the text, children will spend more time in front of the television than conversing with their parents by the time they graduate high school.
Illustrate how the case of affirmative action reveals the tension in core values of the American political culture.

University of California Board of Regents – Reverse Discrimination Suit Conservatives prefer a reversal of laws on judicial rulings of affirmative action.
The United States prides itself on its political culture, which is pragmatic and non-ideological. However, ideology and values still come to the forefront when divisive issues arise. Issues become divisive when it is difficult to reconcile American values. For example, the 1995 decision of the University of California Board of Regents to end affirmative action was such a divisive issue. In that particular case, the American values of equality (combating discrimination) and
individualism (rewarding initiative and hard work, regardless of person) were pitted against each other. Although Americans support both individualism and equality of opportunity at a general cultural level, in particular policies such as affirmative action, the American cultural consensus can split apart. Beliefs, such as the belief in the Bill of Rights, are often honored more in principle than in specific, practical circumstances.
Describe the “share values” that characterize the American political culture
Individualism, Equality of Opportunity, Government Charity, Patriotism, Faith, Family, and Fear of Government/Corporate Tyranny
The shared values that characterize American political culture include belief in individualism, equality of opportunity, patriotism, government help for those in
true need, reverence for God, the sanctity of the family, and distrust of government and of large corporations.
Define "classic liberalism."
Freedom, Property, Limited Government, Life, Liberty and the Pursuit of Happiness
These values are rooted in what is called "classic liberalism," which stressed individual freedom, property rights, limited government, and God-given natural rights to life, liberty, and
equal opportunity to pursue happiness. In fact, these values can be traced all the way back to the Enlightenment and
the Judeo-Christian heritage.
Trace the political cultural impact of major social and economic transformations in American history.
The colonial and revolutionary era taught the values of democracy and popular sovereignty, tempered by the Bill of Rights and checks and balances to prevent the tyranny of the majority.
The industrial revolution in the second half of the nineteenth century, taught the values of free enterprise, tempered by anti-trust laws and regulatory agencies erected against corporate "robber barons."
The Great Depression of the 1930s taught the values of social justice epitomized by Franklin Delano Roosevelt's "Second Bill of Rights" — rights to a job, to a living wage, to a good education, to a decent home, to medical care, and to protection in old age. New Deal values endured for generations,
but today we are seeing them tempered by reaction against the "welfare state."
Explain the meaning of the term "The American Dream."
Belief in the land of opportunity, initiative and hard work leads to economic success. This dream endorses capitalism, individualism, and distrust of government.
But it also endorses equality of opportunity, compassion for the truly needy, and the right of democratic majorities to regulate the excesses of the few, whether of individuals or corporations. The American Dream is not a unitary ideology, but rather a
complex belief system which forms the context for political debate in America.
Explain the beliefs of contemporary liberals and neoliberals.
Contemporary liberalism emphasizes equality of opportunity. This value underlies beliefs in reduction of great income inequalities, in the right of workers to unionize, in affirmative action, in government aid to education and health, and in the necessity for a social "safety net" assuring minimum
standards of welfare for all.
Where liberals have traditionally sought to implement these goals through government, particularly the federal government, many today are "neoliberals" who share conservatives' critique of big government and instead seek liberal ends through decentralized means, even means which may take advantage of large corporations, the military, or other groups not part of the original liberal strategy.

Give the main criticisms of contemporary liberalism.
Liberalism is criticized for over-reliance on government, promotion of government aid, which undermines self-reliance, and defense of unpopular positions such as opposition to the death penalty, defense of abortion rights, and upholding the rights of gays. Naturally, there is great diversity among self-declared liberals on many of these issues.
Explain the beliefs of contemporary conservatives, neoconservatives, and the "New Right.
Contemporary conservatism emphasizes freedom as expressed in free enterprise. This pro-business stance leads to criticisms of New Deal reforms, government regulation of business, and attempts to reduce income inequality. There is a faith that the private sector, including charities, can meet social needs better than can government. In general, conservatives favor freedom and stability over equality and government remedies.
"Neoconservatives" are often former Democrats and others who share most conservative values but are more willing
to support successful government programs (ex., Head Start) on a pragmatic basis, and who often prefer to use tax incentives or other market mechanisms rather than direct government implementation of policies.
Explain the main criticisms of contemporary conservatism.
Conservatives are criticized for ideology-driven opposition to needed government regulations (ex. environmental regulations), for hypocrisy in favoring selected government regulations they like (ex., over erotic expression), for self-serving promotion of tax schemes benefiting the rich, and for indifference toward social needs, sexism, and racism.
Explain the beliefs associated with socialism.

Socialism has traditionally centered on belief that public ownership of the means of production, often involving nationalization of industry, government guarantees of employment, sharp reductions in income and wealth
inequalities, and reduced military spending.
Socialism is often equated with communism
Explain the beliefs associated with libertarianism.

Libertarianism is a political philosophy, which focuses on individual freedom. Libertarians can push beyond conservatism: for example, by substituting private enterprise for government services even in traditionally public areas such as education, the environment, and even in state and national parks. Libertarians favor massive cuts in federal spending and elimination of all welfare and subsidy benefits.
Libertarians often part ways with conservatives, however, over individual rights issues, such as libertarian opposition to laws regulating private morality (ex., opposition to the Communications Decency Act, support for legalization of marijuana, and support for abortion rights).
Certainly, not all libertarians favor all of those policies, but libertarianism carries a strong presumption that government activity is an unnecessary evil and that individuals acting in a free economy and free society will arrive at better solutions through their cooperation and conflict. Libertarians are criticized for ignoring the failures of the marketplace (ex., in the environment) and not appreciating the need for some governmental services and regulations, including some regulations over public morality.
Outline the distribution of ideological beliefs among the American population as shown in survey research.
Ideologies are not distributed evenly across American public opinion. The 2000 National Election Study showed
only about 15 percent of Americans considered themselves liberal, whereas about twice as many considered themselves to be at least "slightly conservative."
Almost half of all Americans reported that they were moderates or did not know what to label their beliefs
Discuss the relation among liberalism, conservatism, and political tolerance.
Ø Americans are not a deeply ideological people.
Ø Low consistency of belief patterns
Ø Policy-making is characterized by shifting, cross-cutting coalitions
Liberals are more tolerant toward the rights of the accused and the rights of free expression.
Conservatives are more tolerant in allowing "politically incorrect" speech and in supporting the right to bear arms)
Key Terms
Social capital is democratic and civic habits of discussion, compromise, and respect for differences, which grow out of participation in voluntary organizations.
Political culture is the widely shared beliefs, values and norms concerning the relationship of citizens to government and to one another.
Natural rights are the rights of all people to dignity and worth; also called human rights.
Democratic consensus is widespread agreement on fundamental principles of democratic governance and the values that undergird them.
Majority rule is governance according to the expressed preferences of the majority.

Popular sovereignty is a belief that ultimate power resides in the people.
American dream is the widespread belief that the United States is a land of opportunity and that individual initiative and hard work can bring economic success.
Capitalism is an economic system characterized by private property, competitive markets, economic incentives, and limited government involvement in the production and pricing of goods and services.
Monopoly is the domination of an industry by a single company by fixing prices and discouraging competition; also, the company that dominates the industry by these means.
Antitrust legislation is federal laws (starting with the Sherman Act of 1890) that try to prevent a monopoly from dominating an industry and restraining trade.
Political Ideology is a consistent pattern of beliefs about political values and the role of government.
Liberalism is a belief in the positive uses of government to bring about justice and equality of opportunity.
Conservatism is a belief that limited government ensures order, competitive markets, and personal opportunity.
Socialism is an economic and governmental system based on public ownership of the means of production and exchange.
Environmentalism is an ideology that is dominated by concern for the environment but also promotes grassroots democracy, social justice, equal opportunity, nonviolence, respect for diversity, and feminism.
Libertarianism is an ideology that cherishes individual liberty and insists on a sharply limited government, promoting a free market economy, a noninterventionist foreign policy, and an absence of regulation of moral and social spheres.

Chapter 11
Define “interest group.
Interest group is an organization with a purpose and an agenda.
What roles do interest groups serve in a democracy?
Interest groups are used for a variety of purposes. They contribute campaign funds to government officials using Political Action Committees. They provide another system of checks and balances by closely monitoring each other’s activity and use a lobbying system to pass and oppose future legislation. They also provide government with valuable information that is used for making laws. They can also be effective in promoting positive social changes at the grassroots level by mobilizing citizens to action.
What function does Congress serve in the US political system?

The function of Congress is to make laws and represent the people.

How many Senators and Representatives are there in Congress?
There are 100 members of the Senate and 435 members in the House of Representatives.


What are the Constitutional qualifications to be a member of the U.S. House of Representatives and a Senator?
The minimum age requirement for the House of Representatives is 25 years old. The candidate must have been a citizen for seven years. A Senator must be 30 years old and have been a citizen for nine years. In both cases, they must be a resident of the state in which they are elected.
Senators are elected for six year terms with only a third of the 100 members every two years.
The House of Representatives are elected every two years on even numbered years. 2000, 2002, 2004, & 2006.

Explain how members of Congress are largely driven by the desire to seek election and win reelection, and explain why incumbents have a campaign advantage.
Congressional activities in many ways revolve around the electoryal motive: Win election and reelection. Incumbents win 90 percent o of the elections in which they run, due to their competitive advantages because they attract more PAC and lobby campaign donations. They also have greater name recognition and ability to command the attention of the media. They have large staffs, party support, and free mailing privileges. They can also provide federal spending in their districtsm and are better able to utilize government research staffs and even classified information. They can claim their experience and seniority in Congress which gives constituents advantages that a new member of Congress would not have. They also have greater political campaign experience, and usually their campaign staffs do also.


Describe the profile of typical members of Congress
The typical congressional incumbent is a middle-aged white lawyer, but recent Congresses are more representative of America’s gender, racial, and ethnic diversity than in the past.
List and explain the offices, structure, and functions of Congress
Congress is granted all legislative powers, including the power to:
Ø Lay and collect taxes
Ø Provide for the common defense and general welfare of the United States
Ø Regulate commerce
Ø Coin money and regulate the value thereof
Ø Establish post offices and post roads
Ø Promote the progress of science and useful arts
Ø Constitute tribunals inferior to the Supreme Court
Ø Declare war, to raise and support armies, to provide and maintain a navy
Ø Make all laws, which shall be necessary and proper for carrying out the execution of the forgoing powers, and all other powers vested by this constitution in the Government of the United States, or in any department or office thereof.

The United States has a bicameral national legislature, meaning that Congress is divided between the House of Representatives and the Senate. Bicameralism is part of the constitutional systmeof checks and balances, just as Congress itself is part of the constitutional system of separation of legislative powers from executive and judicial.

There are seven major functions of Congress:
1. Representation of the group and individual interests of the 435 Congressional districts
2. Law Making through the work of committees and subcommittees in hundreds of policy areas
3. Consensus Building through hearings, debates, and other political processes.
4. Overseeing the federal bureaucracy and the differences between legislative intent and actual implementation of laws
5. Investigating charges of the abuse of power, violations of ethics, and social problems posing new policy-making challenges
6. Policy Clarification to reassert legislative intent after bureaucratic or judicial attempts to apply legislation to particular circumstances
7. Confirming, by the Senate, of important executive and judicial nominations by the president

The speaker is the presiding officer of the House, assisted by a majority leader and a majority whip. The party out of power is headed in the House by the minority leader, assisted by the minority whip. Debate is limited in the House by rules set by the Rules Committee, whose proceedings provide a dress rehearsal for floor debate.

The Senate is presided over by the vice president, who can vote only in ties. Most of the time, however, the presiding officer is the president pro tempore of the Senate, elected by the majority party, or someone he of she delegates, and there are no Rules Committee since debate is not ordinarily limited – permitting filibusters. The practice of “senatorial courtesy” (presidential consultation on appointments to a senator’s district) and the power of confirming presidential appointments gives the Senate a special role.

Members of Congress are assisted by 16,000 staff aides, not counting another 5,000 employees of Congressional Budget Office, the General Accounting Office, and the Congressional Research Office.
Some members see themselves as “Delegates”, voting their district’s wishes, while others see themselves as “Trustees,” voting for what they believe is in the best interest of their district and the nation. Various factors operate to influence members: the attentive portion of the public, other members of the state’s delegation, the member’s party, and the bargaining involved in “log-rolling” (vote trading to win support for one’s project)

Explain why subcommittees are centers of power
Explain how a bill becomes a law
For a bill to become a law, it must be introduced and assigned to a committee, which refers to it an appropriate subcommittee. Subcommittees hold hearings and “mark up” the bills. If approved by the subcommittee, the bill is considered by the full committee, and if approved, is “reported” to the full House or Senate and placed on the calendar.
In the House, the Rules Committee must issue a "rule" to govern debate and determine the handling of possible amendments. In the Senate, the majority and minority leaders by "unanimous consent" agreements schedule full Senate debate and vote on the bill. If both houses pass the bill, but their versions differ, then the bill is sent to a conference committee to reconcile differences.
Often one chamber will accept the other’s version, or a compromise bill may be reported back to the House and Senate. Both chambers must then send the “enrolled” bill to the president who signs it or vetoes the bill. Congress can override a veto by a two-thirds majority in both the House and the Senate.
However, this is not the end of the obstacles, since Congress legislates in a two-step process, of which passage of a bill is merely “authorization.” The second necessary step is funding, or “appropriations.” It is common for Congress to appropriate less for programs than the level for which they are authorized.
Congress does its work through an elaborate committee system, and members of Congress specialize in policy areas associatated with these committees. Seniority and policy expertise five committee chairs great power, but democratic constrainsts force consultation as well. Much actual committee work occurs in specialized subcommittees, which are the focus of competition and collaboration by members of Congress and their stags, interest group lobbies, and government agency representatives.
List and evaluate reforms seeking to make Congress more effective
Democracy is always in evolution. Numerous reforms have been proposed to make Congress more effective, and many have been implemented:
1. Making Congress subject to the same laws as corporations and other large organizations
2. More representative through better redistricting
3. Diminishing the obstructive powers of the filibuster and Rules Committee in the Senate
4. Enhancing the role of the Speaker in the House
5. Enhancing the roles of the party steering committees
6. Promoting lobbyist registration and campaign finance reforms
Define key terms related to the US Congress
Reapportionment is the assigning by Congress of congressional seats after each census. State legislatures reapportion state legislative districts.
Redistricting is the redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.
Gerrymandering is the drawing of legislative district boundaries to benefit a party, group or incumbent.
Safe seat is an elected office that is predictably won by one party of another, so the success of that party’s candidate is almost taken for granted.
Incumbents are the current holders of office.
Bicameralism is the principle of a two-house legislature.
Enumerated powers are the powers explicitly given to Congress in the Constitution.
Speaker is the presiding officer in the House of Representatives, formally elected by the house but actually selected by the majority party.
Majority leader is the legislative leader selected by the majority party who helps plan party strategy, confers with other party leaders, and tries to keep the party members in line.
Minority leader is the legislative leader selected by the minority party as spokesperson for the opposition.
Whip is the party leader who is the liaison between the leadership and the rank-and-file in the legislature.
Party Caucus is a meeting of the members of the party in a legislative chamber to select the party leaders and to develop party policy. Called a conference by the Republicans.
Closed rule is a procedural rule in the House of Representatives that prohibits any amendments to bills or provides that only members of the committee reporting the bill may offer amendments.
Open rule is a procedural rule in the House of Representatives that permits floor amendments within the overall time allocated to the bill.
President pro tempore is the Officer of the Senate selected by the majority party to act as chair in the absence of the vice president.
Hold is a procedural practice in the Senate whereby a senator temporarily blocks the consideration of a bill or nomination.
Filibuster is a procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.
Cloture is a procedure for terminating debate, especially filibusters, in the Senate.
Senatorial courtesy is the Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Standing committee is a permanent committee established in a legislature, usually focusing on a policy area.
Special or select committee is a congressional committee created for a specific purpose, sometimes to conduct an investigation.
Joint committee is a committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.
Seniority rule is a legislative practice that assigns the chair of a committee or subcommittee to the member of the majority party with the longest continuous service on the committee.
Conference committee is a committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.
Delegate is an official who is expected to represent the views of his or her constituents even when personally holding different views; one interpretation of the role of the legislator.
Trustee is an official who is expected to vote independently based on his or her judgment of the circumstances; one interpretation of the role of the legislator.
Attentive public are those citizens who follow public affairs carefully.
Logrolling is mutual aid and vote trading among legislators.
Discharge petition is a petition that, if signed by the majority of the members of the House of Representatives, will pry a bill from a committee and bring it to the floor for consideration.
Rider is a provision attached to a bill – to which it may or may not be related – in order to secure its passage.
Pocket veto is a veto exercised by the president after Congress has adjourned; if the president takes no action for ten days, the bill does not become a law and is not returned to Congress for a possible override.
Override is an action taken by Congress to reverse a presidential veto, requiring a two-thirds majority in each chamber.
Define “filibuster”
Filibuster is a procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

Who presides over of the U.S. Senate?
The vice-president or the president pro tempore

11. Who are the following and what roles do they have?

a. National Security Advisor
The Assistant to the President for National Security Affairs, commonly referred to as the National Security Advisor, serves as the chief advisor to the President of the United States on national security issues. He or she serves on the National Security Council within the Executive Office of the President.
The National Security Advisor is appointed by the President without confirmation by the United States Senate. As such, he or she is not connected to the bureaucratic politics of the Departments of State and Defense, and is therefore able to offer independent advice. The power and role of the National Security Advisor varies from administration to administration.
In times of crisis, the National Security Advisor mans the White House Situation Room, updating the President on the latest on the crisis.
The previous National Security Advisor, Condoleezza Rice, was confirmed on January 26, 2005 by an 85-13 vote in the Senate to succeed Colin Powell as Secretary of State. She was succeeded as National Security Advisor by her deputy, Stephen Hadley.

b. Senate majority leader
The Senate majority leader is selected by the majority party in the Senate. The majority leader has the right to be the first Senator heard on the floor. In consultation with the minority leader, the majority leader controls the senate’s agenda and recommends committee assignments for members of the majority party.
They have to be persuaders and negotiators.

c. House majority leader
The House majority leader assists the Speaker on the floor and helps plan strategy, confers with other party leaders, and tries to keep the members of the party in line.

d. Congressional committee chairpersons
Committee chairs determines the workload of the committees, hires and fires staff, forms subcommittees, and assigns them jurisdiction, members and staff. Chairs also manage the most important bills assigned to their committee.
Most chairs are selected on the basis of seniority rule.

e. Speaker of the House of Representatives
The speaker of the House is the presiding officer in the House of Representatives. The speaker represents the house on ceremonial occasions and is next in line of succession after the vice-president. The speaker has the power to recognize members who rise to speak, rule on questions of parliamentary procedures, and appoint members to temporary committees.
The Speaker directs the business on the floor.

f. President, Pro Tempore (or Pro Tem) of the Senate
The Vice president presides over the Senate. The president pro tempore is the officer of the Senate selected by the majority party to act as chair in the absence of the vice president.

Chapter 12:

Describe the constitutional provisions related to the presidency.
The constitution established only three requirements for president to be 35 years old, to have been a natural born citizen, and to have resided in the United States for at least 14 years. Presidents were to serve four years and two terms.

Discuss the role of the president in relation to Congress and the judicial branch.
The separation of powers inherent in the American Constitution procided a politics of shared power, welcoming disagreements amond the branches of government as a check on the abuse of national power. The Constitution limited the powers of Congress to certain enumerated ones, and left the powers of the president ambiguous. Congress was to represent regional and local interests, and the president the national interest.

Explain why Congress and the Supreme Court have been willing partners in the expansion of the powers of the president.
Three factors have led to the expansion of presidential powers:
1. The collapse of American isolationism has increased the salience of foreign and defense policy, and consequently presidential powers as chief of state and commander of the armed forces
2. The sheer growth of the federal government has expanded the administrative options and powers of the presidency
3. The positive support of American public opinion, and increased ability of the president to appeal directly to the people, as through television, has also expanded presidential powers.

Articulate and illustrate the several major roles which constitute the job of the presidency.
Crisis manager: As commander-in-chief, the president exerts civilian control over the military and leads the nation in foreign policy crises and in wartime. Congress generally, but not always, defers to the president in such areas on a bipartisan basis. However, the president is also a crisis manager in times of natural disaster, civil unrest and riots, or other periods of political crisis.
Morale Builder: The president is the symbol of the nation, championing the America heritage and seeking to unify the country. This role is in tension with the president’s role as party leader, but national morale building remains central to the job.
Recruiter: The president controls over 4,000 appointments, including critical nominations for the Supreme Court as well as for cabinet secretaryships. Although the Ethics in Government Act of 1978 and other reforms discourage some political appointees, the recruitment process has pervasive effects on the bureaucracy and the judiciary.
Priority Setter: In national security policy the president commands the diplomatic corps. The Supreme Court (in the Curtiss-Wright decision in 1936) recognized the president as the sole organ of foreign policy, although the War Powers Resolution of 1973 claimed congressional power to order troop disengagement by concurrent resolution not subject to presidential veto.
In economic policy, the president receives advice from the Council of Economic Advisors, the chair of the Federal Reserve Board, the Secretary of the Treasury, and the Office of
Management and Budget. In domestic policy the president proposes legislation and takes the lead in most policy initiatives, but of course, requires the cooperation of
Congress.
Molder of Public Opinion, Coalition Builder, and Party Leader: The president plays a central role in bargaining with interest groups, and forging political alliances. Use of defense and federal projects in districts of members of Congress, and other forms of patronage, are part of presidential coalition-building powers, but much rests on the president’s powers of persuasion, dramatized in such events as the State of the Union Address.
Chief Administrator: The president is advised by a White House staff of about 400, institutionalized as the Executive Office of the President (EOP) in 1939. The EOP includes the Office of Management and Budget (OMB, which oversees the bureaucracy), the Council of Economic Advisors, and other units.
The Cabinet, which is not mentioned in the Constitution,
represents 14 departments and units of government, but unlike some European democracies, the United States does not
have "cabinet government," and the Cabinet has had less access to the president than has the OMB or the National Security Council (NSC).

Describe the Executive Office of the President, including the OMB, CEA, and NSC.
The Executive Office of the President consists of the Office of Management and Budget, the Council of Economic Advisors, and several other staff units. Its also contains the White House Staff.
The office of Management and Budget is the central presidential staff agency. Its director advises the president in detail about the hundreds of government agencies – and how much money is allotted in the budget and what kind of job they are doing.

Explain the content and impact of the War Powers Resolution.
The law declares that a president can commit the armed forces of the United States only:
1. after a declaration of war by Congress
2. by specific statutory authorization
3. in a national emergency created by an attack on the United States or its armed forces
Other areas of presidential conflict with Congress arise out of the implied, inherent, or emergency powers of the presidency.
Though the Constitution gives Congress the power to declare war, many presidents of both parties have ordered military activities while informing Congress before or even after the fact.

Differentiate the formal and informal powers of the president.
The job of the president is aided by formal powers such as the veto and informal powers such as influence over public opinion.

Presidents are charged with implementing and administering the spending. Another informal power is impoundment of appropriated funds. Another informal power is executive privilege to keep secrets.
Give the pro and con arguments over the item veto power.
A 1996 law gave the president the line-item veto, already long held by many state governors (Public Law 104-130). The item
veto meant the president could veto not only whole bills, but also specific sections of given bills. Though meant to allow the
president to veto pork-barrel items, the item veto also had the potential to undo complex compromises reached on the floor of
Congress.
The item veto was challenged in the courts as a possible improper delegation of the powers of Congress, and in 1998 the Supreme Court ruled that Congress had acted unconstitutionally in delegating its legislation-writing function to the executive branch through the item veto (Clinton v. City of New York).

Describe the composition of the Cabinet and explain why cabinet government does not exist in the United States.


Explain the constraints on the power of the presidency.
Presidents are constrained by international pressures, involving the necessity of consultation with allies and the need to compromise policy goals in favor of national economic interests.
Impeachment is the ultimate restraint on the president.
Define "imperial presidency."

Explain why popular expectations often place the president in a "no-win" situation.
The paradox of the American presidency is that it is both too powerful, and at the same time too weak. It is too powerful in the sense that it overshadows the intent of the framers of the Constitution, that Congress, not the president, formulate American public policy, and in the sense that the massive
scale of the federal government approaches the uncontrollable.
The presidency is too weak, however, to meet the several unrealistic expectations of the American public, such as the expectation that the president will be both a strong leader
of his or her party, and also a bipartisan leader who unifies the
country behind an agenda of change and progress.

Describe different presidential uses of and relations with the media.
The media provide a major constraint on the presidency, in spite of the rise of presidential public relations staffs and their
attempts to manage the media. Presidents are also limited by public opinion and political culture, although, as with the
media, presidents also attempt to influence as well as be influenced. Presidents cannot rely on formal authority alone but must instead seek to relate their agenda to national aspirations.

Why has the Presidency become a stronger institution over the years?

The presidency has become a stronger institution over the years to respond to greater foreign and domestic threats through the use of inherent powers. Moreover, the growth in government calls for strong presidential leadership.

What are several roles and functions of the President?
Commander-in-chief, Administrator, diplomat
1. The appointment power
2. The Veto power
3. The Take Care Power
4. The pardon power
5. The power to inform and convene Congress


What is the Presidential line of succession?
Vice-president, Speaker of the House, Senate president pro tempore, Secretary of State, Secretary of Treasury, Secretary of Defense and on down the list of 15 cabinet members

Define “Pocket veto” and “item veto” (a.k.a. "line-item veto").
Pocket Veto is a formal decision to reject a bill passed by Congress after they have adjourned - if Congress adjourns during the ten days that the president is allowed in order to sign or veto a law, the president can reject the law by taking no action at all.

Constitutional requirements for the U.S. President
President must be at least 35 years old; have resided in the country for fourteen years and natural born citizens

Where do, for example, the President and Congress do their work (physical locations)?
The President’s oval office is in the west wing and Congress works in the Capital building

Key Terms
Ethnocentrism- Belief in the superiority of one’s nation or ethnic group
Parliamentary system is a system of government in which the legislature selects the prime minister or president.
Presidential ticket is the joint listing of the President and Vice President candidates on the same ballot as required by the Twelfth Amendment
Treaty is the formal, public agreement between the United States and one or more nations that must be approved by two-thirds of the Senate.
Executive agreement is a formal but often secret agreement between the U.S president and the leaders of other nations that does not require Senate approval.
Veto is a formal decision to reject a bill passed by Congress.
Pocket veto is a formal decision to reject a bill passed by Congress after it adjourns –if Congress adjourns during the ten days that the president is allowed in order to sign or veto a law, the president can reject the law by taking no action at all.
Take Care Clause is the constitutional requirement that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.
Inherent powers are powers that grow out of the very existence of government.
State of the Union address is the presidents annual statement to Congress and the nation.
Impeachment is a formal accusation against the president or other public official, the first step in removal from office.
Executive privilege is the right to keep executive communications confidential, especially if they relate to national security.
Executive order is a formal order issued by the president to direct action by the federal bureaucracy.
Impoundment is a decision by the president not to spend money appropriated by Congress, now prohibited under federal law.
Line Item Veto is the presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package, declared unconstitutional by the Supreme Court.
Chief of Staff is the head of the White House staff
Executive Office of the President is the cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisors, and several other units.
Office of Management and Budget is the presidential staff agency that serves as a clearing house for budgetary requests and management improvements for government agencies.
Cabinet is the advisory council for the president, consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
Rally point is a rise in public approval of the president that follows a crisis as Americans “rally round the flag” and the chief executive.
Mandate is a president’s claim of broad public support

Chapter 14: The Judiciary
1. What is the role of the Supreme Court in the U.S. political system?
The supreme court is the constitution. Judges are asked to resolve disputes involving billions of dollars, decide conflicts among competing interest groups, supervise the criminal justice system, and make rules affecting the lives of millions of people

2. The Supreme Court has which types of jurisdiction?

Judges decide only justiciable disputes which are lawsuits that grow out of actual controversies and are capable of judicial resolution. The party bringing the lawsuit must have standing to sue.

3. What is “Judicial Review” and which Supreme Court case established it?
Judicial review is the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the US Constitution or, in a state court, the state constitution.
Chief Justice John Marshall established judicial review in 1803 in the case of Marbury vs Madison where the court decided that they had no power to issue a writ of mandamus in a case of original jurisdiction since Marbury was neither a foreign minister or a state.

4. What is the “Rule of Four” as it pertains to the Supreme Court?

If Four Supreme Court justices have an interest in a petition for writ of certiorari, it will be granted and the case brought up for review.

5. How many Supreme Court Justices are there? Nine

Judicial review is the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the US Constitution or, in a state court, the state constitution.
Adversary system is a judicial system in which the court of law is a neutral arena where two parties argue their differences.
Justiciable dispute is a dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
Class Action Suit is a lawsuit brought by an individual or a group of people on behalf of all those similarly situated.
Defendant in a criminal action, the person or party accused of an offense.
Plea bargain is an agreement between the prosecutor and a defendant that the defendant will plead guilty to a lesser charge to avoid having to stand trial for a more serious offense.
Public defender system is an arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attornies.
Political question is a dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; judges refuse to answer constitutional questions that they declare are political.
Statutory law is Law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders.
Common law is judge-made law that originated in England in the twelfth century, when royal judges traveled around the country settling disputes in each locality according to prevailing customs. The common law continues to develop according to the rule of stare decisis, which means “let the decision stand.” This is the rule of precedent, which implies that a rule established by the court applies to all similar cases.
Equity Law is Law used whenever common law remedies are inadequate. For example, if an injury done to property may do irreparable harm for which money damages cannot provide compensation, under equity a person may ask the judge to issue an injunction ordering the offending person not to take the threatened action. If the wrongdoer persists, he or she may be punished for contempt.
Constitutional law are statements interpreting the U.S Constitution that have been given the Supreme Court approval.
Admirality and Maritime Law is Law applicable to cases concerning shipping and waterway commerce on the high seas and on the navigable waters of the United States.
Administrative law is Law relating to the authority and procedures of administrative agencies as well as to the rules and regulations issued by those agencies.
Criminal law is Law that defines crimes against the public order and provides for punishment. Government is responsible for enforcing criminal law.
Civil Law is law that governs the relations between individuals and defines their legal rights. However, the government can also be a party to a civil action.
Original jurisdiction is the authority of a court to hear a case “in the first instance.”
Appellate jurisdiction is the authority of a court to review decisions made by lower courts.
Grand jury is a jury of 12- 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime has been committed, it issues an indictment.
Petit jury is a jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action.
Magistrate judge is an official who performs a variety of limited judicial duties.
Court of appeals is a court with appellate jurisdiction that hears appeals from the decision of lower courts.
Senatorial courtesy is a presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Judicial self-restraint is philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
Judicial activism is philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
Stare Decisis is the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
Writ of Habeas corpus is a court order requiring explanation to a judge why a prisoner is being held in custody.
Writ of Certiorari is a formal writ used to bring a case before the Supreme Court.
Solicitor General is sometimes referred to as the tenth justice and represents the federal government before the Supreme Court.
Amicus Curiae brief is literally “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
Opinion of the Court is an explanation of a decision of the Supreme Court or any other appellate court.
Dissenting opinion is an opinion disagreeing with the majority in a Supreme Court ruling.
Concurring opinion is an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.





Chapter 20: Making Foreign and Defense Policy
Security of life, liberty, and property from internal and external attack is certainly the basic function of government. If national
security is not properly provided for, then the government and the society may cease to exist. Most everyone will agree
with these premises, but beyond such fundamental statements agreement comes to an end.
The possibility always exists that the concern some of the framers had may be confirmed in our own age -- that in our zeal for security from external dangers, we may allow the government to grow too strong and less democratic.
What are the roles and responsibilities of the U.S. foreign and defense policy bureaucracies, like the CIA, and the Departments of State, Defense, and Homeland Security?
The president has the primary responsibility to shape foreign policy. Even in trouble times, the president does not have absolute authority to act. Congress has the power to declare war, to appropriate funds for the armed forces, and to make rules that govern the armed forces.
The President on the other hand is the commander in chief of the armed forces and is authorized to negotiate treaties and receive and send ambassadors- that is, to recognize or refuse to recognize other governments.
The Senate confirms US Ambassadorial appointments and gives consent to treaty ratification. The courts have the power to interpret treaties, but by and large they have ruled that relations with other countries is matters for the executive to decide.

The principal foreign policy adviser is the Secretary of State. The SOS is administers the State Department, receives visits from foreign diplomats, attends international conferences, and usually heads the US delegation in the General Assembly of the United Nations. The SOS is the chief coordinator of all governmental actions that affect out relations with other nations.
The National Security Council and the intelligence agencies also play key roles. The National Security Council, created by Congress in 1947, is intended to help presidents integrate foreign, military, and economic policies that affect national security. By law, it consists of the president, the vice president, the secretary of state and the secretary of defense.
The national security advisor, Condoleeza Rice, has become one of the most influential members of the presidential cabinet rivaling the secretary of state in influence.
The State Department is responsible for the diplomatic realm of foreign and defense policy. They are responsible for negotiating treaties with other nations and international organizations, protecting US citizens abroad, promoting US commercial interests in other nations, and granting visas to foreign visitors.
American Embassies are staffed largely by members of the US Foreign Service. The Foreign Service is composed of highly-trained civil servants who are comparable to army officers in the military.
The Central Intelligence Agency was created in 1947 to coordinate the gathering and analysis of information that flows into various parts of the US government from all over the world. Intelligence work involves three basic operations: reporting, research and dissemination.
The day-to-day work of organizing for nation’s defense is the job of the Defense Department. The committee known as the Joint Chiefs of Staff serves as the principal military advisor to the president, the National Security Council, and the secretary of Defense. The president, with the consent of the Senate, appoints all the service chiefs to four-year nonrenewable terms. Note that the twice-renewable two-year term of the chair of the Joint Chiefs is part of the process of ensuring civilian control over the military. The Department of Defense Reorganization Act of 1986 shifted considerable power to the chair.
The new Department of Homeland Security plays a small but important role in foreign policy by policing US borders. Created in 2002, the department is composed of 22 agencies and a work force of 170,000 full-time civil servants. It includes the Border Patrol, the Coast Guard, the Custom’s Service, the Secret Service, the Immigration Service, and the Transportation Security Administration.
The Department of Homeland Security has three goals: to prevent the entry of terrorists into the country, reduce the chances of terrorist attacks, and help the nation recover from an attack if and when it occurs.
Public opinion, interest groups, foreign countries, political parties, and Congress also affect the politics of making foreign policy.

Define the policy options often used in the making U.S. foreign policy, such as economic sanctions, military intervention, diplomacy, foreign aid, etc.?
U.S. foreign policy interests are advanced by one or a combination of the following strategies: diplomacy, foreign aid, economic sanctions, political coercion (including the breaking off of diplomatic relations), covert action, and military intervention. The USA is an active participant in numerous international organizations, especially the United Nations (U.N.). The U.N. is likely to play an even greater role in the post-cold war world, even if many Americans, especially conservatives, are highly critical of the way the U.N. works. The primacy of the nation-state is not in question, yet more and more of our global policy problems will be solved through
international organizations of one type or another.
The United States has generally responded to this globalization with a basic policy of free trade, meaning a commitment to the free movement of goods across international borders.
Foreign aid is another measure used by the United States to promote a lasting peace with other countries. The Peace Corps, which was a top priority of the Kennedy administration, operates in about 80 nations and has funding of about $260 million a year.
Military might is not enough to achieve foreign policy success. Conventional diplomacy is also need to send a clear message along with foreign aid for people in need, economic sanctions to isolate its adversaries, and public diplomacy to help other nations understand its agenda.
Economic Sanctions are a denial of export, import, or financial relations with a target country in an effort to change that nation’s policies.
Define these concepts and terms of foreign policy making: containment, deterrence, multi-lateralism, and unilateralism.
Internationalism is a foreign policy that recognizes that concern for trade, human rights and international peace requires not only a strong military but also the willingness to intervene where vital US interests are at stake.
Containment is a foreign policy aimed at halting the spread of communism.
Effective deterrence is commonly measured by a nation’s ability to survive a nuclear attack with enough weapons to inflict massive casualties on its enemy.
Multilateralism is a view of foreign policy that stresses cooperation between the United States and other nations in efforts to solve problems such as global warming, terrorism, weapons of mass destruction, and the spread of infectious disease.
Unilateralism is when a country acts alone, freely pursuing foreign policy goals without international support.