United States Government and Politics

Foundation of America’s Democracy

● US Constitution
○ Framers believe that government are created to establish justice, ensure domestic
tranquility, provide common defense, promote general welfare, and secure blessing
liberty
○ Republicanism - representative form of government. People vote other people to best
represent them
● Declaration of Independence
○ Emphasizes 3 key elements behind a government:
■ Natural/Inalienable Rights - Fundamental rights that all humans possesses and
cannot be given nor taken away
■ Popular Sovereignty - People are the government’s source of power and authority
■ Social Contract - People form governments to protect the rights of the people.
People have the ability to take away and give consent to rule
○ It also establish that limited government derive their power from the people
■ Limited Government - Government power is restricted by the boundaries set in
the Constitution
● Three types of Democracy
○ Participatory Democracy - emphasizes the people having broader participation in politics
and civil society. Discuss about direct democracy, majority rule, and citizen participation.
■ Social Movements and citizens voting on initials and referendums. Amendments
increased suffrage
○ Pluralist Democracy - emphasizes groups having a role in policymaking. Competition
prevents one group from dominating the government.
■ Political parties and interest groups. Constitution’s freedom of press and
assembly
○ Elite Democracy - emphasizes limited participation in politics and civil society. The US
Constitution’s Electoral College and Republicanism embodies this
● Federalists vs. Anti-federalists
○ Federalists believe that the new constitution provides a strong, central government
necessary to governing the new country.
○ Federalist No. 10:
■ Faction - a group of citizens with common interest adverse to the rights of other
citizens
■ There are two ways to absolve the faction situation: Remove the cause of factions
or control the negative effects of it
● There are two ways to remove the cause of it: destroy liberty or having
everybody adopting the same opinion. None of these method is ideal or
plausible
■ One of the negative effects Madison was trying to control was he majority
faction oppressing the minority
■ The framers - including Madison - prefer a large republic and despise both small
republic and democracy because it encourages more competitiveness amongst
different interest groups to prevent majority to overtake to control factions, to
 delegate authority to representatives, and to allocate power between state and
government
○ Anti-federalist believed that the new constitution allocated too much power to the central
government and believed in State’s rights. They also feared that:
■ National government restrict personal liberty
■ National government would takeover state’s power
■ Congress would tax heavily
■ The Supreme Court would overrule state courts
■ The President is head of a large, standing army
To ensure none of the above occurs, they demand:
■ Bill of Rights
■ More restrictions on governmental power
■ Eliminate Congress’s ability to tax
○ Brutus No. 1
■ Once the people allocate their powers to the government, they cannot get their
power back
■ The Necessary and Proper Clause and the Supremacy Clause will give the federal
government unlimited power, allowing the government to pass any law they want
■ The few power resides to the state will be revoked and abuse by the federal
government
■ Giving the government the ability to tax will lead to tyranny. Giving the
government to have standing army leads to the destruction of liberty
■ Not only did the document discuss the historical trend of small, decentralized
government, but it also advocates the unity and easy policy making this form of
government can bring
● Challenges of the Article of Confederation
○ Background: Established a very weak federal government and a unicameral Congress in
which each state had 1 vote. No executive or judicial branch, and each state was
sovereign
○ Congress could: declare wars & make treaties, raise an army, coin money, and borrow
money. Congress could not: Tax the states or people nor regulate interstate commerce
○ States could: impose tariffs on other states, create their own currencies, and refuse to
recognize federal treaties
○ Shays’ Rebellion: Lack of centralized military power led to a slow response to put down
the rebellion, show the weakness of the federal government under the Articles of
Confederation, and caused more people to support a new Constitution and a stronger
federal government
● Ratification of the U.S. Convention
○ Constitutional Convention - Political negotiations and compromise significantly impact
the development of the Constitution
■ Virginia Plan - Bicameral legislature in which both houses are apportioned based
on population, which favors large states and strong national government
■ New Jersey Plan - Unicameral legislature in which all states are equal, which
favored small states and merely wanted to amend Articles of Confederation
■ Great Compromise - Established a bicameral legislature that consist of a House
(population) and Senate (2 representatives per state)
■ The Grand Committee convinced the large states to agree to the Great
Compromise with equal representation in the Senate by requiring that all revenue
bills originate in the House
■ The Electoral College compromise settled the matter between those who wanted
Congress to vote for the president or the citizens to directly elect the president.
 ■ ⅗ Compromise - Each slave would count as ⅗ a person for the purpose of
representation in the House
■ Compromise on importation of slaves - Congress could not ban the importation
of slaves for 20 years after the ratification of the Constitution, which the
Southern states agree if northern states return fugitive slaves
■ Amendment process - there are two ways the Constitution can be amended:
● ⅔ vote in both Houses to propose & ¾ of state legislatures to ratify
● ⅔ of the states request a national convention to propose & ¾ of state
convention to ratify it
● Principle of American Government
○ Separation of Powers - Governmental powers are assigned to three different branches:
Legislative, Executive, and Judicial
○ Checks and Balances - Each branch is given the ability to block or influence actions of
the other branches
■ Purpose: prevents any one branch or person from obtaining too much power.
Provide multiple access points for citizens and institutions to influence public
policy
○ Federalist 51:
■ The branches must be able to check and balance one another
■ We need government because people are not perfect, and we need to limit
governmental power because people in it are not perfect either
■ The government must have enough power to protect citizen’s liberty and not too
much to infringe upon citizen’s liberties
■ Assuming that Congress is the strongest branch, we must divide it into two
houses: the House and the Senate
■ Power is distributed through federalism and separation of powers, protecting the
rights of the people
■ Having multiple access point for citizens to influence public policy is to fend off
the majority and protect the minorities
● Relationship between States and Federal Government
○ Federalism - division of powers between national, state, and local governments.
Sovereignty is shared by the national and state governments. The relationship between
the states and national government is dynamic (constantly changing)
■ Dual Federalism - Federal and states government are each supreme in their own
sphere
■ Cooperative Federalism - Federal and state governments share responsibilities,
costs, and administration of policies. Federal government makes the rules. States
gives more power to the federal government
■ Cause: Grants-in-aid, in which Federal government sends money to the states to
influence state government
● Categorical grants - federal money to states for a specific purpose.
Usually preferred by the federal government/Congress because it gives
Congress control as to how much is spent
○ Incentives- conditions-of-aid - what states must do to receive
federal money. “Strings attached to the money”
○ Funded or Unfunded Mandates - Rules of what states MUST do,
whether they receive money or not
● Block grants - federal money given to states to use within a broad
purpose. States have freedom as to how to use the money
○ Revenue sharing - federal money allocated to state and local
governments
 ● Devolution - attempts to give power back to the states
○ Delegated Powers - powers given to the federal government by the states
○ Reserved Powers - powers held by the states
○ Concurrent Powers - powers held by both states and government
● Constitutional Interpretation of Federalism
○ Expressed Powers - directly stated in the Constitution
○ Implied Powers - not directly stated in the Constitution
○ There are three clauses that has boosted the federal government’s power:
■ Necessary and Proper Clause - allowed Congress to make economic,
environmental, and social legislation so long as it connects with their expressed
powers
■ Supremacy Clause - when federal and states laws conflict, the federal is superior
■ Commerce Clause - Congress has the power to regulate interstate commerce
● Gibbons v. Ogden (1819) - decided that only Congress can regulate
interstate commerce. From 1937-present, Congress can regulate anything
“affecting” interstate commerce
○ McCulloch v. Maryland (1819) -
■ Facts - The establishment of both the 1st and 2nd Bank of America is
controversial because nowhere in the Constitution does it allow Congress to
establish a national bank. Therefore, several states, including Maryland, passed
laws to tax it. McCulloch refuse to pay the tax
■ Question - Can Congress create national banks? Can states tax the national
government?
■ Holdings - Congress can establish national bank and States cannot tax the
national government
■ Constitutional Principle - In Article 1 Section 8, the necessary and proper clause
indicates that Congress has implied powers and is not limited by its expressed
powers. In Article 6, the Supremacy clause asserts that the national government
is superior to state governments when the two conflict
○ United States v. Lopez (1995)
■ Facts - A student in Texas brought an unloaded gun to school and was charged
with violating the federal Gun-Free School Zone Act of 1990.
■ Question - Which levels of government - national or state - can regulate guns at
school
■ Holdings - The law is unconstitutional because possession of a gun in school
zones does not substantially affect interstate commerce
■ Constitutional Principle - The 10th Amendment protects state power in a federal
system. The commerce clause does not grant Congress endless power to regulate
anything that they want
○ 10th Amendment - all powers not delegated to the government nor prohibited to the states
are reserved powers for the states
○ 14th Amendment - forces states to follow the Bill of Rights, etc.
● Federalisms in Action
○ Advantage:
■ Multiple access points offer more opportunities for political participation
■ States can make policy specific to their individual needs
■ States can make policy in the absence of national consensus
■ The federal government can establish uniform policy when necessary
■ Laboratories of Democracy - States can experiment with new policies and other
states and the national government can observe the effects and choose whether to
reject or implement a similar policy
 ○ Disadvantages:
■ Tougher for the national government to make unified policies
■ At times states’ rights may be used to perpetuate discrimination

Interaction Among Branches of Government

● Congress: The Senate and the HR houses possess congressional power - ability to make laws &
create public policy.
○ Enumerated Powers
■ Pass federal budget ,tax, borrow & coin money
■ Declare war and maintain armed forces
■ Regulate interstate commerce
○ Implied Powers
■ Congress can make laws in areas not expressly stated in the Constitution,
enacting legislation addressing economic, environmental, and social issues
○ Senate - Represents states equally (2 per state)
■ Although senators were originally selected by state legislatures, the 17th
amendment established direct election of Senators
■ The Senate is less formal and has fewer rules
■ The members serve for a 6-year term and vote with public opinion more often
○ House of Representatives - represents the people based on population (435 total)
■ Representatives are directly elected with a 2-year terms
■ The House is more formal and rule-oriented
● Structures, Powers, and Functions of Congress
○ Senate’s power
■ Confirmation powers - confirm or reject the President’s nomination of judicial
justices, cabinet heads, and executive agency heads
■ Ratify treaties
○ Senate’s Leadership
■ President of the Senate - Vice President of the U.S.
● Presides over the Senate and cast the tie-breaker
■ Majority Leader has all the power
○ Senate Floor Debate - less formal and has fewer rules than the House
■ Filibuster - Long speech to delay action & prevent a vote
■ Holds - Prevent a bill from being brought & discuss to the floor
■ Cloture - ⅗ of a single party vote to end a filibuster.
■ Rider - non-germane amendment to a bill
■ Unanimous consent agreements - set terms for floor considerations of a bill, often
used to restrict debate and expedite a bill’s passage
○ House of Representatives’ Leadership - committee chairs, have more power to restrict
debate. Are based on party affiliation
■ Committee Chairman - majority leader of the committee
■ Speaker of the House - powerful person in Congress who influence bills brought
to a vote and help pass their affiliated party’s legislation
○ House Rules Committee - set rules for debate, time limit, and changes
■ Discharge Petition - The majority of the House can vote to force a bill out of
committee
○ House floor debate - The house is more formal and rule-oriented. Discussion must be
relevant to the discussed bill, and the time limit is usually less than five minutes
○ Senates and HR
 ■ Standing committees - proposed bills are first referred here. After edit, revise,
and markup, hearings are hold on implementation of law after passage
■ Conference committees - Resolve differences in Senate and House versions of
the same bill
○ Budget/Power of the Purse - Congress creates and passes a federal budget
■ Discretionary Spending - spending that has to be authorized every year by
Congress and the President (e.g. Defense & Education)
● Pork barrel legislation - legislation that brings tangible benefits to a
district - money, job, program, etc.
● Logrolling - Vote-trading in Congress
■ Mandatory Spending - spending that does not have to be approved annually. Can
only be spend on:
● Entitlement programs - provide benefits to people who are entitled to
them by law (e.g. SSN, Medicare/Medicaid, etc.)
● Interest on the debt
Can only be changed through a passing of new legislation. As entitlement
costs grow, discretionary spending opportunities will decrease unless tax
revenues increase or the budget deficit decrease.
● Congressional Behaviors
○ Party Polarization - increasing ideological division between Republican and Democrats.
■ Cause of Polarization:
● Clear differences on issues
● More ideological primary and midterm election voters
■ Consequences:
● Policy Gridlock
● Fewer bills passed
● More filibusters
● Tougher confirmation proceedings
○ Divided Government - the House, the Senate, and the President not of the same party and
ideology
■ Consequences:
■ Policy gridlock
■ Create the need for negotiation and compromise
■ Partisan votes against presidential initiatives and congressional refusal to
confirm appointments of lame-duck presidents of the opposite party
○ Congressional Districts
■ Reapportionment - Change the number of seats each state has in the House,
which occurs every 10 years following the Census
■ Redistricting - Redrawing congressional districts following reapportionment.
These are done by state legislatures
○ Baker v. Carr:
■ Malapportionment - districts of unequal sizes
■ Facts - Tennessee residents alleged that apportionment did not take into account
population shifts, therefore one person’s vote was not necessarily equal to
another person’s vote. Question - Can the Court tackle this case that seems to be
affiliated with political issues
■ Holding - Apportionment claims are justiciable in federal court. Led to “one
person, one vote” principle
■ Constitutional Principle - Under the equal protection clause, the appellants had a
right to challenge unequal apportionment
○ Shaw v. Reno
 ■ Gerrymandering - drawing bizarre district shapes to: benefit party, protect
incumbents, increase minority representation
■ Limits to Gerrymandering - lines must be touching, cannot dilute the strength of
minorities, cannot be based on race
■ Facts - North Carolina created a very bizarrely shaped majority-minority district
for the purpose of increasing black representation in Congress
■ Question - Did the North Carolina residents' claim, that the State created a
racially gerrymandered district, raise a valid constitutional issue under the
Fourteenth Amendment's Equal Protection Clause?
■ Holding - Congressional districts cannot be drawn based only on race
■ Constitutional Principle - Drawing congressional districts based on race violated
the equal protection clause and opposes the colorblind ideal of the Constitution
○ Voting on a Bill
■ Trustee - vote on how he/she personally believes is best, even if constituents
disagree
■ Delegate - vote on how constituents want
■ Politico - combination of trustee and delegate
● Roles and Power of President
○ Enumerated Powers:
■ Commander-in-Chief
■ Grant Pardons
■ Call Congress into session
■ Receive ambassadors
■ Deliver the State of Union address
○ Formal Powers:
■ Command-in-chief
■ Make treaties with the agreement from Senate
○ Informal Powers:
■ Executive agreements - international agreements, like treaties, but do not require
the confirmation of the Senate
○ Legislation Powers:
■ Sign legislation into law
■ Veto a legislation. Congress can override by ⅔
■ Pocket Veto - the president doesn’t sign the bill and the session of Congress ends
within 10 days
○ Bargaining and Persuasion - The President can bargain and negotiate with Congress.
Usually successful at the beginning
○ Executive Order - Used to manage the federal government. This issue has the power of
law, and often leads to conflict with Congress.
■ Why not used a lot:
● Must be constitutional - manage bureaucracies and pertaining to foreign
policies
● Proceeding can undo the executive order
● Extensive use of executive order -> president avoiding checks and
balances
○ Signing Statement - written comment issued by the President when signing a bill, which
informs Congress and the public the president’s interpretation of the bill
● Checks on the Presidency
○ President’s Nomination
■ Cabinet - Heads of the 15 major executive departments. Requires Senator’s
confirmation
 ■ Ambassadors - Requires Senator’s confirmation
■ White House Staffs - President’s closest assistance & aid with offices in the
White House. No Senator’s confirmation
■ Federal Judges - Requires Senator’s confirmation. President’s long-lasting
influence
○ Foreign Policy Constitutional Tension between President and Congress
■ President’s Foreign Policy Power: Commander-in-chief, nominated ambassadors
& diplomats, negotiate treaties & establish executive agreements, carry out
executive orders pertaining to military, intelligent service delivering info. directly
to president
■ Congress’s Foreign Policy Power: Declare war, Power of purse, Senate ratifies
treaties, Senate confirms cabinet secretaries, Legislation to limit president’s
power, Congressional oversight
● Expansion of Presidential Power
○ The growth of President - The framers made Congress the strongest branch because they
fear the President becoming too strong and powerful
○ Interpretation of Presidential power - Congress should differ from the president because
the position is too powerful. Some believe that the separation of power and checks and
balances system ensures that president cannot become tyrannical
○ Federalists 70
■ A good government needs an active and decisive executive
■ If a president is too weak, the government will be ineffective
■ A single president with sufficient power and term limit, dependent to the people
■ A unitary executive is more effective than dividing executive power among a
group
■ Although Congress is good to move slowly in congressional legislation, the
executive needs to be able to act quick and decisive, especially during war
■ If there is one president, it is easier for public to hold that presidential
accountable
○ 22nd Amendment - Two-term limit
● Presidential Communication
○ Bully Pulpit - A position of authority that allows the president to speak out on an issue.
Used to bring attention to specific issues & advance policy agenda
○ State of the Union Address - Nationally televised speech delivered to both houses of
Congress. President promotes his policy agenda and pressures Congress for support
○ Social Media & Technology - Can communicate directly with the public to promote
policy agenda. Can respond rapidly to new political issues
● Judicial Branch
○ Article III - The basis for judicial power, Federal judges serve for life, & Congress
creates lower courts
○ Marbury v. Madison
■ Facts - Marbury petitioned the Supreme Court to have Secretary of State James
Madison to diver his commission after he was confirmed by the Senate for the
“midnight appointment” of John Adams
■ Holding - The Judiciary Act of 1789 conflicted with the Constitution and was
therefore null and void
■ Impact - Established judicial review, the power to declare federal laws, executive
actions/ orders, administrative laws, and state laws unconstitutional
■ Constitutional Principle - Congress can’t pass legislation that conflicts with the
Constitution because the supremacy clause places the Constitution above laws
○ Federalists No. 78
 ■ Life tenure for judges is needed to maintain an independent judiciary since they
cannot worry about being fired by Congress or the President - it is their
job/responsibility to uphold the Constitutional principle
■ The judiciary lacks budget or war powers; it merely has the power of judgement,
and has to rely on others to enforce their decisions. Therefore, it is the least
dangerous branch and cannot harm other branches, so lifetime judges is not a big
deal
■ The judiciary must have the power of judicial reviews
■ The judiciary guards the Constitution from congressional overreach.
● Legitimacy of Judicial Branch
○ Judicial review in conjunction with life tenure can lead to debate about the legitimacy of
the Supreme Court’s power since many people believe that Supreme Justices make
policy-making decisions.
○ Life Tenure - can’t be fired or have paid less
○ Precedents - past decisions are usually followed, but the Court has overruled itself over
260 times. Stare decisis = Let the decision stand.
○ The Court makes policy whenever they reinterpret/overrule laws
○ Ideological changes in the composition of the Supreme Court due to presidential
appointments have led to the courts establishing new or rejecting existing precedents
○ Therefore, most Justices retire when a president from their party is in power so that they
are replaced by somebody ideologically similar
● The Court in Action & Checks on Judicial Branch
○ Judicial restraint - the court should defer to the democratically elected branches whenever
possible because they represent the people and their voices (unless it is absolutely
necessary).
○ Judicial activism – the Court can and should overrule the other branches when they are
wrong because they protect the Constitution by holding other branches accountable for
their maldoing, thereby empowering the Court to make policy and social changes
■ Typically associated with the disagreement with the Supreme Court's decision,
implying they are obtaining too much power
○ Although the judicial branch makes decisions over cases, both the national government
and state governments can ignore it. The judicial branch has no power to police and
enforce it and heavily relies on the executive branch and state governments.
○ Congress can pass new legislation that limits the impact of the Court’s rule. For example,
Congress specified that all guns interfering to interstate commerce will be banned, a
loophole to the SC US v. Lopez
○ Congress can propose and ratify a constitutional amendment to bypass the Supreme
Court's ruling
○ Congress can alter the Supreme Court’s appellate jurisdiction
■ Jurisdiction - authority to hear a case
■ Appellate - on a serious, urgent request
■ Rule of four - Four justices must agree to hear a case appealed to the Supreme
Court.
● Writ of certiorari - After four justices agree to hear a case, the Supreme
court request for lower court documents to be sent to them
● The Bureaucracy
○ Executive agencies & departments that implement & administer federal programs.
○ Merit System - Non-political government employees are hired and promoted based on
ability, not political connections; Pendleton Civil Service Act replaced patronage/spoil
system with this system. This increase in proficiency, professionalism, etc.
○ There are four types of bureaucratic groups
 ■ Cabinet departments - major administrative responsibilities over a broad area of
policy. Cabinet secretary = head of that department
■ Independent executive agencies - narrow areas of responsibilities of performing
public services
■ Independent regulatory commissions - Experts who make rules regulating
specific industries to protect the public. Independency = less influenced by
politics & less easily fire the chairman of these agencies
■ Government corporations - provide services that could be provided by private
companies but aren’t profitable
● Discretionary and Rule-Making Authority
○ Discretionary authority - Congress sets broad policy guidelines for bureaucratic agencies
to decide how to implement policies
○ Rule-Making Authority - Bureaucratic agencies are able to make administrative law that
have the power of law
○ Administrative adjudication - Bureaucratic agencies have the power not only to enforce
administrative law & punish violators but also settle disputes in a similar matter as a
court
○ People’s criticisms towards the power of the bureaucratic agencies:
■ Violates the principle of separation of powers
■ The bureaucrats were not directly elected by the people, implying that they are
not responsive to the people
● Holding the Bureaucracy Accountable & Checks on the Bureaucracy
○ Congressional Oversight - Agency/department heads must testify before Congressional
standing committees. Depending on the agency’s/department’s response, Congress can
increase or decrease their budget
○ Congressional Legislation - laws clarifying or limiting bureaucratic discretion
○ President can issue executive orders to affect agencies to carry out the goals of the
administration.
○ President can also fire and appoint new agencies head and the Senate can confirm them
○ Judiciary can rule bureaucratic actions unconstitutional

Civil Liberties and Civil Rights

● Civil Liberties - fundamental individual rights and freedoms
● Bill of Rights - the guaranteed fundamental rights and freedoms that the government cannot
revoke. The first 10 amendments
○ 1st Amendment - freedom of religion, speech, press, petition, and assembly
○ 2nd Amendment - right to bear arms
○ 3rd Amendment - no quartering troops in peacetime
○ 4th Amendment - no unreasonable search and seizure
○ 5th Amendment - no self-incrimination, no double jeopardy, grand jury in capital case,
eminent domain, due process
○ 6th Amendment - speedy public trial in criminal case
○ 7th Amendment - trial by jury in civil case (suing)
○ 8th Amendment - no cruel and unusual punishment & banned excessive bail
○ 9th Amendment - unenumerated rights of the people
○ 10th Amendment - guaranteed State’s rights & power
● Freedom of Religion
○ Establishment Clause - No official religion or preferential treatments to certain religions
○ Engel v. Vitale
 ■ Facts - Public schools in New York began the school day by having the students
to recite a nondenominational prayer every morning
■ Holding - States cannot hold prayers in public schools, even if prayer is voluntary
or non-religious binded
■ Constitutional Principle - State-sponsored prayers violates the establishment
clause
○ Free-Exercise Clause - a person is allowed to practice a religion of his/her choice
○ Wisconsin v. Yoder
■ Facts - For religious reasons, Amish family refuse to send their children to
schools, violating the Wisconsin law
■ Holding - Compelling Amish students to attend beyond 8th grade violates the
free-exercise clause
■ Constitutional Principle - Individual’s interest in free exercise of religion
outweighs the state’s interest in compelling school attendance beyond 8th grade
● Freedom of Speech
○ Symbolic speech - actions that purposefully convey a particular message or statement
○ Hate speech - is protected as long as it doesn’t call for imminent lawless action
○ Unprotected speech - regulated based on time, place, and manner
○ Preferred position doctrine
■ Free speech is fundamental to liberty, therefore any limit must address sever,
imminent threats
■ The Court’s preference is to rule in favor of freedom of speech if possible
● Tinker v. Des Moines
○ Facts - Students were suspended for wearing black armbands as a symbol to protest the
Vietnam War
○ Holding - The armbands represent pure speech and students have free speech rights at
school. To justify suppressing speech, the school must prove that it would substantially
interfere with the operation of the school
○ Constitutional Principle - The students’ right of political, symbolic speech based on the
First Amendment overrode the school administrators’ concern for potential disorder
● Schenck v. U.S.
○ Fact - Schenck distributes leaflets arguing that military drafts violate the 13th
amendment’s prohibition against indentured servitude. He was arrested for violating the
Espionage Act by attempting to cause insubordination and obstruct military recruitment
○ Issue - Did Schenck’s conviction under the Espionage Act violates his freedom of speech
○ Holding - Espionage Act was not unconstitutional and does not violates his freedom of
speech
○ Constitutional Principle - Freedom of speech does not shield advocacy of urging unlawful
conduct
● Freedom of Press
● New York Times v. U.S.
○ Facts - Nixon’s administration attempts to stop the publication of the Pentagon’s paper
containing how bad the Vietnam war was
○ Issue - Did the federal government’s attempt to censor “classified information” violates
the first amendment
○ Holding - The government did not have the right to block pentagon’s paper
○ Constitutional principle - Because of the freedom of press, there is a heavy presumption
against the constitutional validity of government claims of prior restraints
○ Prior Restraints - rules of what can/cannot be published
● Right to Bear Arms - the interpretation of the amendment regarding who gets to bear arms
changes over the course of history
● Balancing Individual Freedom with Public Order and Safety
○ 8th Amendment - Sometimes after the Furman v. Georgia, the death penalty was
reinstated on the condition that states must establish an objective standard and no death
penalty cannot be hastened.
■ Restrictions of death penalty - anybody with an IQ < 70 or intelligently disable,
minors, or anybody who has not taken a life
○ 4th Amendment - USA Patriot Act allows wiretaps, bulk collection of phone and internet
metadata, and roving electronic surveillance. Intention was to protect from terrorism, but
other suggest that this is a clear violation of citizen’s rights
○ 2nd Amendment - Limitation of obtaining and modifying guns
● Selective Incorporation
○ Due Process Clause in 14th Amendment
■ The basis for incorporation. Echos the 5th amendment in all states
■ Incorporation - the Bill of Rights applies to states & limits power of state
governments, significantly making state government weaker
○ Selective Incorporation - Application of the Bill of Rights to the states on a case by case
basis
● McDonald v. Chicago
○ Facts - Citizens of Chicago who sought to obtain gun licenses for handguns were
invariably denied, creating an effective ban on handguns. D.C. v. Heller establish
individual bear of arms
○ Issue - Does the 2nd amendment applies to the states
○ Holding - the 2nd amendment for self-defense applies to the states
○ Constitutional Principle - 2nd amendment establishes individual the right to bear arms for
self-defense and through the 14th amendment, applies to the states
● Due Process and Right of Accused
○ There are three ways that searches and seizures are permitted
■ Probable Cause - police/law enforcements have good reasons
■ Search Warrant - approved by judges to search and seize at this time at this day
■ Consent - the accused gave them the right to search and seize
In contemporary times, the USA Freedom Act has placed more limitations on bulk
collection of metadata, so police are required to have a search warrant to a phone
○ Exclusionary Rule
■ Illegally obtained evidence will be thrown out of the trial
○ Overtime, states incorporated the 6th amendment of a speedy and fair trial and a right to
an attorney
○ Miranda Rights - suspect in custody must be informed of their 5th and 6th amendment
rights
■ Public Safety Exception - If the question is ask to neutralize a situation and a
suspect response voluntarily, the statement can be used in court
● Gideon v. Wainwright
○ Facts - Gideon was charged with a felony. The Florida state law denied his request for an
attorney, forcing him to represent himself.
○ Issue - Does the Sixth Amendment right to an attorney applies within state courts
○ State must provide an attorney for defendants who could not afford for
○ Constitutional Principle - the 6th amendment’s guarantee to the right of an attorney is
incorporated via the 14th amendment of selective incorporation
● Due Process and Right of Privacy
○ Right of privacy - implied by other amendments
○ Roe v. Wade
 ■ Facts - A Texas state law prohibited abortions except to save the pregnant
woman’s life
■ Issue - Is there a constitutional right for a woman to terminate her pregnancy by
abortion
■ Holding - A woman has a right to an abortion based on the right of privacy
■ Constitutional Principle - A woman’s right to an abortino is within the right to
privacy as recognized in Griswold v. Connecticut and incorporate it in 14th
amendment
● Social Movements and Equal Protection
○ Equal Protection Clause - Provides the legal basis for civil rights and anti-discrimination
laws
○ Civil Rights - constitutional protections from discrimination against groups of people
■ 1960 Civil Rights Movement - struggle for social justice and equality for
African-Americans
■ Women’s rights movement - National Organization for Women was the leading
interest group in the push for women’s rights in the 1970s
■ Pro-Life Movement - A social movement to restrict and re-criminalize abortion.
Has found success in a variety of restrictions and both the state and federal level
○ Letter from Birmingham
■ King declares how social movement demands policy changes. He advocates civil
disobedience in unjust laws and obeys just laws. Citizens must participate in
nonviolent protest to challenge the disobedience from the unjust laws that treats
people inferiority and not equally
■ Demand inclusion in “We the people” and “All men are created equal.”
■ Demands the fulfillment of the 14th amendment’s equal protection clause and
defends non-violent strategy to oppose racism
● Government Response to Social Movements
○ Brown v. Board of Education
■ Facts - Black students in several states were denied admittance to certain public
schools based on race.
■ Issue - Does the segregation of public education based solely on race violate the
14th Amendment’s equal protection clause?
■ Holding - Racial segregation of public schools is unconstitutional
■ Constitutional Principle - Racially segregated schools allows by the “separate but
equal” principle established in Plessy v. Ferguson are inherently unequal,
violating the equal protection clause of the 14th Amendment
○ Civil Rights Act of 1964 - Banned gender & racial discrimination in public
accommodations and employment
○ 24th Amendment - banned poll taxes
○ Voting Rights of 1965 - banned literacy tests & other obstacles to vote, effectively
increasing minority voter turnouts. To change election laws, it requires jurisdictions with
a history of voter discrimination to receive approval from the federal government
○ Equal Pay act of 1963 - guaranteed equal pay based on gender
○ Title IX of the Education Amendments of 1972 - prohibits gender discrimination by
schools receiving public funds
○ Americans with Disabilities Act - Required states to modify public buildings to provide
access for disable persons, banned employment discrimination against people with
disabilities
○ Obergefell v. Hodges - Legalized same-sex marriage nationally
● Balancing Minority & Majority Rights & Affirmative Action
 ○ Both Plessy v. Ferguson & Jim Crow Laws legalized and enforces the “separate, but
equal” principle
○ However, the Brown v. The Board of Education overruled the Plessy v. Ferguson and
banned Jim Crow Laws.
○ However, Shaw v. Reno decision declare that minorities are not above majority and
should not get any special treatment
○ Affirmative Action - Preferential admissions and hiring policies for minorities
○ Restrictions on affirmative action
■ No quota system
■ Race cannot be the overall determining factor for admission
■ No points awarded for race for admission
○ Race-conscious interpretation - the constitution forbids racial distinctions intended to
harm minorities
○ Colorblind interpretation - belief that the constitution forbids any racial distinctions, even
those intended to help minorities

American Political Ideologies & Beliefs

● American Attitude about Government and Politics
○ Political Ideology - consistent set of values and beliefs about the purpose and scope of
government. There are three ideologies tested:
■ Conservatives - favors traditional values, respect for authority, law and order, and
national defense
■ Liberals (Progressive) - Favors an active government role in the economy and
promote equality and individual choices
■ Libertarians - Favors very limited government promoted individual freedom that
should only be limited when it impedes on another person’s rights
○ American Political Culture - the distinctive way Americans think about politics and
government
■ Individualism - personal responsibility for themselves and decisions
■ Equality of opportunity - not equality of outcome, but equality of “starting”
■ Free enterprise - Market-based economy where people are able to choose what to
buy, sell, and produce with some regulation
■ Rule of Law - All people are subject to the law
■ Limited government - Government power is limited to the Constitution
● Political Socialization
○ The process by which people acquire their political beliefs and ideology
○ Sources of political socialization
■ Family/parents
■ Education/school
■ Peers
■ Media
■ Religious institutions
○ Globalization - American culture and values are spread throughout the world.
Conversely, foreign values have influenced American political thought
● Changes in Ideologies
○ Lifecycle effects - the variety of physical, social, and psychological changes people go
through as they age. People focus on different political issues at different points in life
○ Generational effects - different voting patterns & political beliefs for people in different
generations. Millennials much more liberal than the previous generation
● Influences of Political Events
○ Impressionable age hypothesis - posits that most people forge their political attitudes
between the ages of 14-24
● Measuring Public Opinion
○ Public opinion poll - Surveys with samples of citizens used to estimate beliefs and
feelings of entire population
○ Tracking poll - continuous polls used to chart a candidate’s daily rise or drop in support
○ Benchmark poll - Used to find out where candidate stands before any campaigning, as
well as their perceived strengths and weaknesses
○ Entrance/Exit polls - used to predict election outcome, to gain insight into voter behavior
and to analyze how various demographic groups voted
○ Focus group - small groups of citizens gathered to discuss issues or candidates in great
detail
○ Factors affecting polling results
■ Respondent’s knowledge of topic
■ Wording of question
■ Opinions aren't stable, they changes overtime
○ Random sample - Any person in the population has the same chance of being selected
○ Population - full group from which the sample is being taken
○ Stratified sample - population is divided into subgroups and weighted based on
population demographic
○ Sample size - 1000-1500 is sufficient
○ Sampling error - a polling error arises from using a sample of the population
○ Marginal error - the percent of results that could be the result of chance variation. A good
margin of error is +-3%
● Evaluating Public Opinion
○ Bandwagon Effect - media focuses heavily on polls, in which the reporting may influence
others to join the majority
○ Politicians use polling to determine level of support of policy, identify which issues are
important to constituents, tweak positions on issues, and help with campaign strategy
○ Reliability - consistent, repeat
○ Veracity - accurate, correct
○ Pollsters have difficulty reaching out to people
● Ideologies of Political Party
○ Conservatives - favors traditional American values, respect for authority, law and order,
and national defense
○ Liberal (Progressive - Favors an active government role in the economy and promoting
equality
○ Libertarian - favors very limited government, promotes individual freedom that should
only be limited when it impedes on another person’s rights
○ Liberals are more likely to be Democrats, but Conservatives are more likely to be
Republicans
○ Democratic party platform
■ Decrease defense spending
■ Increase spending on public school
■ Increase social welfare programs
■ Target tax cuts to lower middle class
■ Support gun control and pro-choice
■ Support environmental regulations
○ Republican party platform
■ Increase defense spending
 ■ Decrease money spent on social welfare programs
■ Decrease money spent on public education
■ Cut taxes
■ Oppose gun regulations and supports pro-life
■ Oppose environmental regulations
● Ideology and Policy Making - The overall ideology of the country is based on the political policy
and the party who won the elections throughout a significant long time
● Ideology and Economic Policy
○ Liberal economic ideology
■ Increased government regulation of the market
■ Higher taxes for the rich
■ Increased government spending to promote social and economical equality
■ Favor social programs (medicare, medicaid, social security)
○ Conservatives economics ideology
■ Fewer regulations on the market place
■ Lower taxes for middle class & high income
■ Don’t favor government spending to promote social and economic equality
■ Lukewarm support for old-age programs & oppose support for the poor
○ Libertarian economic ideology
■ Little tor no regulation beyond protection of property rights
■ Minimal taxation
■ Role of government should be limited to protecting liberty and protection rights
■ Minimal government spending
○ Fiscal policy - government tax and spending policies. Done by Congress and President
■ Keynesian economics - Governments should stimulate the economy during
recessions by spending money to encourage economic growth. Deficit spending
is okay. Favored by Democrats
■ Supply-side economics - Governments should stimulate the economy by cutting
taxes to encourage businesses to grow. Okay with deficits caused by tax cuts.
Favored by Republicans
Libertarians will disagree both perspective
○ Monetary policy - policy intended to control the money supply and interest rates. Done
by federal reserve
■ To fight inflation: The Fed would decrease the money supply and raise interest
rates
■ To fight unemployment: The Fed would increase the money supply and lower
interest rates
● Ideology and Social Party
○ Liberal social ideology
■ Favor less defense spending & focuses on protecting the rights of the accused
■ Believe the government should not regulate private, personal matters
■ Support active government role in public education
■ Favor total separation of church and state in school
■ Oppose vouchers, especially those that can be used to attend religious schools
■ Favors social liberty
○ Conservative social ideology
■ Favor more defense spending and punishment of crime
■ Government should protect traditional values even if this intrudes on individual
freedoms
■ Favor less of a role for federal government in education
■ Support vouchers to attend private schools, including religious schools
 ■ Less concerned with establishment clause issues in public schools
■ Favor social order
○ Libertarian social ideology
■ Favors a dramatic reduction in defense spending
■ Support decriminalization of “victimless” crimes
■ Favors maximum freedoms
■ Government cannot regulate private, personal matter

Political Participation
● Voting Rights and Models of Voting Behaviors
○ Although states control most of the aspects of election, the federal government has gotten
more involved in it through congressional amendment and legislation
■ 15th - Race cannot be a barrier to voting
■ 17th - Direct election of senators
■ 19th - Women’s suffrage
■ 24th - Ban poll taxes
■ 26th - Lower voting age to 18 years
■ Voting RIghts Act of 1965 - Banned literacy test and other obstacles to vote
○ Voter Choice is dependent on:
■ Party identification & ideologies
■ Candidates characteristic
■ Contemporary political issues
○ Rational choice voting - person votes for the candidate and their policy that personally
benefits them
○ Retrospective voting - voting based on how incumbent parties have been doing
○ Prospective voting - voting based on how future candidates can handle most important
issues better
○ Party-line voting - voting for the same party candidates for all public offices
● Voter Turnout
○ Typically, the U.S. has the lowest voting turnout compared to other western democracies.
The U.S. has the highest voter turnout in presidential election
■ Cause - Registration requirements, many elections, limited access to early voting,
weekday election, no penalty for not voting
■ Political Efficacy - A person’s belief that he/she can influence American
government and its politics
○ States can make it easier or harder for citizens to vote - early voting, mail-in ballots,
automatic registration, or photo ID
○ Demographics most likely to vote: college educated, higher income, middle-age/old
people, and religious
○ Demographic for Democrats:
■ Younger
■ Minorities
■ Women
■ LGBTQ
■ Post-graduate education
■ Urban/city
○ Demographic for Republicans:
■ Middle-age/old
■ White
 ■ Men
■ Higher income
■ Rural
● Political Parties
○ Linkage Institution - channels that allows individuals to communicate their preference
and policy opinions (political party, media, interest group, election, etc)
○ Political parties - organization that seeks political power by electing members in office
and eventually influence public policy
○ Party Function:
■ Mobilizing and educating voters
■ Establish a party platform
■ Support campaign and recruit and nominate candidates
○ Congress leadership and passing of Bills showcase a define political difference in
ideologies and policies
● How and Why Political Parties Change and Adapt
○ Candidate-centered politics - Focus on candidates as individuals, rather than party
identification
○ Primary system - people are able to vote for their preferred candidate in primary
elections, thereby diluting the power party leaders have in nominating their candidates
○ Campaign finance law - Candidates are now less reliant on the party for money and
therefore more independent to do as they wish
○ Critical election - Precede a party realignment; polarize voters around new/major issues
○ Party Realignment - dramatic, long-lasting shifts in party affiliation; many people change
parties
○ Regional realignment - South was consistently Democratic, is now consistently
Republican
○ Party dealignment - decline in party identification and loyalty
● Third-Party Politics
○ Two-party system resulted from traditions and election policies
○ Structural barriers to third-party success - winner-takes-all voting districts, plurality
system, and single-member districts
■ Winner-takes-all voting districts - The candidate with the most district vote gets
the congressional seat
■ Proportional Representation (no) - Congressional seat apportioned according to
the % of votes won by each party
○ Informal Barriers to third-party success - major parties incorporate ideas of the third-
party into their agenda & people feel like their votes are thrown away
● Interest Groups influencing Policy-Making
○ Interest group - Organization that attempts to influence public policy, some for a specific,
others for a more general purpose
■ They mobilize voters and get them to vote for endorsed candidates to apply
pressure to legislators and civil servants via social media, phone, email, main,
town halls, etc.
■ Provide expert information to government officials and give officeholders
feedback from their constituents
■ Lobbying - persuade political leaders to support the group’s position
● Testify at committee hearings
● Draft legislation
● Pressure legislators/threaten fundraising support
 ○ Iron triangle / issue network - Influence how policies are made and implemented. The
House committee, interest group, and bureaucratic agency lives in a symbiotic
relationship:
■ Congress gets electoral support and policy implementation they support
■ Bureaucratic Agency gets more funding and political support
■ Interest groups get friendly legislation and beneficial regulation
○ Inequality of political and economic resources - some groups have larger membership or
are very well-funded than the others
○ Unequal access to decision makers - well-funded groups and those with large
memberships typically have more access to policymakers
○ Free rider problem - people who benefit from a group’s efforts without joining
● Groups Influencing policy outcome
○ Social Movements - Broad-based efforts to achieve policy change
○ Protest Movements - Uses civil disobedience as a way to call attention in our issues.
Breaking the law
○ Social movements can gain momentum to achieve policy change only if they have
effective leadership, resources, infrastructure, etc.
● Electing a President
○ Presidential preference primaries - Elections in which people vote for the preferred
candidate from their party. It is held all over the 50 states and winner is the party’s
nominee
■ Open primary - residents can vote in either party’s primary
■ Closed primary - only registered party members can vote
■ Caucus - a meeting of party members to choose a candidate
○ National convention - a presidential candidate is officially nominated after winning most
of the primaries and caucuses
○ Presidential incumbency advantage:
■ Very well known and has command of the bully pulpit,
■ Already won the presidential election before and has a network of campaign
contributors, staffs, and volunteers
○ General election - the winner takes office
○ Electoral College - the people who represent each state and officially elect the president
■ There are 538 total electoral votes, and it needs 270 to win
■ 48 states are winner-take-all
■ Candidates focus on competitive, big states (swing states)
■ Pro Electoral College
● States retain importance in choosing the president
● Ensures geographic balance; can’t only focus on densely populated areas
● Guards against mob rule by uninformed voters
■ Anti-Electoral College
● Voters have access to enough information to make informed decisions
● Gives too much power to voters in swing states
● Anti-democratic; ignores the popular vote
● Winner-take-all feature discourages 3rd party candidates
● Congressional Election
○ Incumbency advantage - the current officeholder typically wins reelection over 90% of
the time
■ More recognition because more campaign experience and larger staffs
■ Franking privilege - free advertisements
■ Redistricting are in favors of them
■ Provides casework, services and assistance to constituents
 ○ Congressional elections
■ The president’s party almost always loses seats in midterm elections
■ Lower turnout than presidential election
■ The electorate is typically more partisan
● Modern Campaigns - increase reliance on social media for campaign communication and
fundraising
○ Political consultants - professionals hired by a campaign to develop media strategy,
fundraise, research and conduct polling
○ Rising campaign costs - advertising, staff salaries, direct mailers, offices, travel, etc.
○ Intensive fundraising efforts - Raise money from individuals, PACs, Super PACs
○ Long election cycle - Invisible primary begins following congressional elections,
candidates make speeches, fundraise, hire staff, etc.
■ Primary season
■ National convention
■ General election
● Campaign Finance
○ Money in politics and free speech - The supreme court has ruled that spending money is a
form of free speech. Problem revolves around those who possesses more money and has
the power to influence their political opinions more
○ Bipartisan Campaign Reform Act of 2002
■ Banned soft money that contributes to a political party for party-building
purposes, unlimited and unregulated by the FEC
■ “Stand by Your Ad” provision attempted to reduce negative ads
■ Banned direct contributions from corporations to candidates or political parties
■ Set limits on the timing of some independent political ads
○ Citizens United v. FEC
■ Fact - BCRA banned corporations and unions from making political ads within
60 days of a general election or 30 days of a primary election. Citizens United
cannot make embedded ad campaign within movies, so they appeal to the Court
■ Holding - Corporations, unions, and interest groups can raise and spend
unlimited amounts of money for independent political expenditures
■ Constitutional Principle - According to the 1st amendment’s free speech clause,
corporations, unions, and associations have the right to engage in political speech
○ Political Action Committees - private group organized to raise money to elect a
candidate. Can raise and spend an unlimited amount of money independent of the
campaign
○ Super PACs - corporations can give unlimited amount of money for Super PACs to spend
an unlimited amount of money towards political ad
● The Media
○ Changing news media - newspapers, radio, TV, internet, blogs, social media
○ Horserace journalism - focus on polls rather than substantive issues. Citizens are less
informed and leads to this bandwagon effect
○ Watchdog - scrutinize and investigate politicians and the government
● The News Media
○ Debates over media bias - increase in ideologically-oriented news
○ Media ownership - in search of more viewers, news coverage has become more
sensationalistic, more biased, more commentary, less substance
○ Partisan news sites - Biased/ideological news coverage
○ Increase media choices - we have more news sources than ever before, but many are of
dubious quality
○ Ideologically oriented programming - many seek out sources that appeal to their personal
beliefs
○ Consumer-driven media outlets - goals of media organizations is to make money, so
journalistic standards have fallen as they compete for clicks, views, and ratings
○ Social media - often reinforces existing beliefs, which leads to confirmation bias and
increase in polarization and partisanship
○ Uncertainty over credibility of news sources and information - some struggle to
determine objectivity or credibility of a news source since some sites publish fake news
and intentionally misinform or cause discord over social media