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| the costs of doing political business reflected in the time and effort required to compare preferences and negotiate compromises in making collective decisions |
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| the difference between what a person ideally would prefer and what the group would prefer and what the group with that person makes collective decisions actually does. individuals pay conformity costs whenever collective decisions produce policy outcomes that do not best serve their interests. |
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| a situation in which towo or more actors cannot agree to cooperate for fear that the other will find its interest best served by reneging on an agreement. pg 10. |
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1)brute force
2)economic incentives
3)information and agenda setting (extremely powerful, government makes things important)
4)symbolic manipulation (not measureable ie: patriotism)
together, religion + state = control + information. |
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| A-B the ability to control, restraint, if you removed A would B's performance actions change, reciprocal but uneven. |
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implicates even though people's choices are transitive doesn't mean society preferences are met.
major vs. proportion
a b c
b c b
c a a |
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| natural government and positional power and you can't take everyone off at the same time to remove them from office. |
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| chief of justices are appointed by the president for life. |
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| Galderisi's compromise view of judicial activism |
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| general view federal courts/supreme state cut out of his way override to set policy and going between original belief/meaning. adds words to consitution and amendenments. |
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| strict literal constrictionists, if things like privacy aren't within the constitution then you don't have to assume anything, its not a law. |
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| interpretation by experience |
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| the world now wasn't like 200 years ago, you have to change/adopt with the times and assume things are related to each other by the constitution. |
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| Bill of Rights - Civil Liberties |
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| Liberties says what the government can't do against you. |
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| Bill of Rights - Civil Rights |
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| Rights is where government has to be active and tells you what to do or can't. |
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| democracy - ideal definition |
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| participation equally, vote has no more power than the other, understand the nonexclusionary provision. |
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| is there a someone or something we can do that makes both sides okay with the decision or outcome? even though they don't agree with same motives they're okay with it it. electoral votes and second vote. |
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| winners and losrs. ie: obama wins or mccain wins someone is going to hate. there's going to be one said unsatisfied. it is a winner takes all system. |
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| non-exclusionary provision |
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| if it really is about winning/losing, its really Galdereesi talks about policy, other side has to deal with it till they get power. Once you get power, you exclude the other in the future to mess with you. can't let men vote anymore for instance. you can't do that. |
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| diamond article - majority decides., shifting powers, staggered terms. |
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| Constitution vs. constitution |
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Constitution-Bill of rights and the Articles of Confederation interpretation-judicial usage, legislation, administration, public opinion.
constitution - difference with additional. |
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| Reason for brevity and vaguness in constitution |
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| biggest compromise in constitution. |
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| risk aversion as institutional goal |
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1)federalism - geographic separation
2)separation of powers - functional powers, elected by people
3)checks and balances. |
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what is legitimate? taxing is a way to limit behavior. taxing the national bank.
1)supremacy clause (article VI)
2)but is the conflict legitimate? creation of the national bank? Not in I, section 8
Yes? neccessary and proper clause. implied powers/elastic clase. proper? necessary logically follow foregoing pull absolutely the only. |
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| 14th amendment and civil rights. |
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| equal rights and protection of citizenship regardless of residence--federal rules (BoR) becomes part of state law(incorportaed into). |
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| geographic separation (separate powers so creeps can't use it all) (also part of compromise or necesssity. a system of government in which power is divided between a central government and serval regional governments. in the u.s. the division is between the national government and the states. |
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| in which a single government unit holds the power to govern the nation, in contrast to a federal system, in which power is shared among many governing units) |
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| a political system in which states or regional governments retain ultimate authority except for those powers they expressly delegate to a central government. |
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| the explicit powers given to Congress by the Constituion in Article I, section 8. these include the powers of taxation, coinage of money, emulation of commerce, and provision for the national defense. |
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| in which people the state government and national government share their powers. federalism for instance is one. |
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| the three fifths ruled had been devised under the articles. northerners wanted to recognizee the humanity for slaves, if slaves were people their numbers should be fully counted. southers countered that they market slaves as property, slaves should be counted no more as 3/5ths of a person. |
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| a legilasture composed of two house or chambers. the u.s. congress, house and senate, and every U.S. state legislature, with the exception of nebraska's which is unicamera, are bicameral legislatures. |
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| a system of government in which the federal government and state governments each have mutually exclusive spheres of action. |
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| a system in which the national and state governments share in providing citizens with a set of goods. |
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| articles of confederation |
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| the compact among the thirteen original states that formed the basis of the first government of the United States. The articles were the formal basis of the national government from 1777-1789 when they were supplanted by the Constitution. |
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| constitution as a political document |
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| document outlining the formal rules and institutions of government and the limits placed on its powers |
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| a clause in which article VI of the constitution declaring that national laws are the supreme law of the land and therefore takge precedence over any laws adopted by states or localities. |
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changing the constitution through amendments. almost aimpossible, minority rule, or veto again.
amendent process - both in terms of proposal and atification without percentage represented can deny an amendment from becoming part of constitution.
>2/3>> HR and Senate approval (most die here)>>3/4 states. |
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| the court's authority to overturn federal laws and executive actions as unconstitutional. |
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| The Court narrowly decided in favor of a student who had been caught carrying a handgun onto campus in violation of the federal Gun-Free School Zones Act of 1990. For the first time in many years, the Court held that some empirical connection needed to be established between a law's provisions and its actual effect on interstate commerce before the national government could make policy that would supersede state policy in the traditional domains of state jurisdiction. Simply becaues conress may not conlude that a particular activity substantially affects interstate commerce does not necessarily make it so. |
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| In settling a dispute between New Jersey and New York over each state's efforts to give a favored steam company a monpoly over shipping on the Hudson River, the court held in Gibbons vs. Ogden that neither state could control such a concession. Only congress possessed the authority to regulate commerce. In combination of McCulloh vs. Maryland, these two cases created powerful precedents that would allow future national policy to develop free of the constraints of state perrogatives. Once the court in Gibbons had sanctioned federal authority to regulate commerce, the supremacy clause kicked in to give the national government the authority to preempt the states in virtually all policies involving interstate commerce. Many traditiional tasks of states, such as providing for public safety, enforcing fair advertising laws, overseeing waste disposal would slip easily into federal control via the commerce clause. |
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can Court do background checks, it wasn't 2nd amendment issue, national government didn't pay for it so it wasn't up states to do it for the Hand Gun Violence Protection Act. It was an unfunded mandate.
The immediate effects of the ruling on the Brady Bill were negligible. The vast majority of local and state law enforcement officials supported the interim provisions and were happy to comply with the background |
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| Brown v. Bd. of Education (1954) |
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Having established that separate but equal could be unconstitutional, the NAACP launched a frontal assault on Plessy. The opportunity came in 1950 when Oliver Brown, pastor of Topeka violated local segregation laws when he tried to enroll his daughter, Linda, in a white neighborhood public school. Represendting the case was Thurgood Marshall. Four years later the Supreme Court ruled in Brown v. Board Of Education of Topeka. Writing for a unanimous Court, the court ruled that education is the foundation of good citizenship and thus contstraints which must be made available to all on equal terms. racial segregation genereates a feeling of inferiority. separate educational facilities are unequal
The Fourteenth Amendment (Amendment XIV) to the United States Constitution is one of the post-Civil War Reconstruction Amendments, first intended to secure the rights of former slaves. It was proposed on June 13, 1866, and ratified on July 9, 1868.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
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| Marbury V. Madison (1803) |
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Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) is a landmark case in United States law. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed as Justice of the Peace in the District of Columbia by President John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adams' Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions. Being unable to assume the appointed offices without the commission documents, Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional.
Court Marbury v. Madison in which the Court laid claim to the authority to strike down any legislation it deemed unconstitutional.
U.S. Const. art. III, Section 2 Clause 2
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." |
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permissisble but detestable. expansion by bbroadening interpretation. pure speech. speech carrying nazi emblems. "symbolic speech" burning a flag.
In the summer of 1985 Texas authorites arrested Gregory Lee Johnson for violating the Texas flag descecration law. As the flag burned, other demonstrators at the republican national convention chanted shit about the flag. Johnson was voncinted, fined, and sentences to one year in jail. In 1989 the supreme court ruled that JOhnson's conviction violated his First Amendement expression rights. |
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| Gitlow vs. New York (1925) |
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Gitlow v. New York, 268 U.S. 652 (1925), was a historically important case argued before the United States Supreme Court in which the Court ruled that the Fourteenth Amendment to the U.S. Constitution had extended the reach of certain provisions of the First Amendment — specifically the provisions protecting freedom of speech and freedom of the press — to the governments of the individual states.
arrest a socialist for distributing information advocating overthrow of government--gitlow argues freedom of speech but NY says no federal jurisdiction, court says yes there is but it still allows conviction on other grounds.
Gitlow v. New York was also important for defining the scope of the First Amendment's protection of free speech |
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| A right to privacy isn't explicitly stated in the Bill of Rights or elsewhere in the Constitution. In 1965, the court reasoned in grisswold v connecticut that americans' guaranteed rights are not limited to those specifically identified in the Constitution.This amendement opened the door to unstated rights. right to praivacy. |
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Concerning the various ways states sought to have subsidize private schools. Tution rants, textbooks, and school buses have all have had their day in court. The court specified three conditions every state must satisfy to avoid running afoul of the establishment prohibition.
1)the statute in question "must have secular legislative purpose," such as remedial education.
2)the statute's primary effect must be one that neither advances or inhibits religion
3)the statute must not foster an excessive government entanglement with religion.
estbalishment clause. they applied the docotorine of neutrality/accommodation that said not so much to prevent favoritism among religious groups as to root out policies that preferred religious groups generally over nonreligious groups engaged in similar activity. |
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Church and State not yet separated. The Court ruled the following new york statecomposed prayer unconstituional "Almighty God, we acknowledge our dependence on Thee, and we beg thy blessings upon us our teachersand our country."
estabilshment clause - the first calause of the first amendement. the establishment caluse prohibits its national government from eastablishing a national religion. |
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| Schneck v. Uniteed States (1919) |
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| The Cour sought to define the degree to which federal legislation must protect free speech. Mailings to men eligible for the mlitary draft, charles scchenck, general secretary of the socialist part in philadelphia argued that world war I was immoral, he urged draftees to resist. Scchenck was convincted under espionage act 1917 for attempting to foment disloyalty and mutiny to armed forces during the war. Courts ruled that his circulars did in fact constitute a legitimate danger and sent him to jail. |
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| a court majority ruled the right of privacy whether iet be founded in the 14th amendments concept of liberty or in the ninth's amendemnts reservation of rights to the people is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. |
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