What is the social contract theory?

The belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be govern.

Know the philosophy of John Locke and Thomas Hobbes

Locke’s opinions are very biased toward the procurement of inalienable rights.

Hobbes want a single ruler and for people to give up some of their rights to be governed.

     What is a public good and what are some examples of public goods?

Provided by the government, YMCA, charities, grants, public schools, etc.

  What is the policymaking system?

The way our government responds to the priorities of its people

 Direct Democracy

Direct democracy is a form of government in which people collectively make decisions for themselves, rather than having their political affairs decided by representatives.

1)       What is natural law?

An idea that society should be governed by certain ethical principles that are part of nature and can be understood by reason.

    Know the different types of governmental systems (federalism, confederation, etc.)

Confederation ­- which different constituent states possess different powers: one or more of the states has considerably more autonomy than the other substates, although they have the same constitutional status. The division of powers between substates is not symmetric.

Federalism is a political concept in which a group of members are bound together by covenant a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces).

  Know the types of federalism (dual and cooperative)

dual federalism, holds that the Union and the state are equal; under this view of federalism, the Union government only has the powers expressly granted to it, while the states retain all other powers.

 cooperative federalism, states that the federal government is definitively superior to the state government, and the federal government should stretch its powers as far as possible. The US is a Union that does not completely fit either definition. The type of federalism in effect really depends on who is in power at the time. In any case, the Constitution prevents stretching federalism too far in either extreme.

    What is popular consent?

The principle that governments must draw their power from the consent of the governed.

    Know the weaknesses of the Articles of Confederation

The weaknesses of the articles of confederation were that they gave too much power to the states and not enough to the central government, central government wasn't able to pass laws or taxes if all the states did not approve. The only thing government could do was declare war or make peace treaties.

  What was Shay’s Rebellion?

A 1786 rebellion in which an army of 1500 disgruntled and angry farmers led by Daniel Shay marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosing mortgage on their farms.

 Know the amendment process for changing the Constitution

-Two-thirds of both houses of Congress vote to propose an amendment, or

-Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.) 

Purpose of the Constitution Convention

-Constitutional Convention’s Purpose- “The sole and express purpose of revising the Articles of Confederation’

-Selective Incorporation-  a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause

What amendments protect what civil liberties?

The first amendment protects the individual's right to freedom of speech, religion, and to question the government's authority by petitioning and assembling peaceful protests. The second amendment protects the individual's right to own weapons. The fourth amendment protects the individual's right to privacy. 

  Know the full faith and credit clause 

Defense of Marriage Act

The familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

    What are implied powers?

*clause 18: the necessary and proper (Elastic) clause.

in the United States, are those powers authorized by a legal document (from the Constitution) which, while not stated, are seemed to be implied by powers expressly stated.

 What are civil liberties and civil rights?

Civil Liberties- The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.

Civil Rights- The government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

    What are checks and balances?

A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others.

 Marbury v. Madison (1803)

This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional.

a.                    McCulloch v. Maryland (1819)- was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.

a.                    Plessy v. Ferguson (1898)- is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses (particularly railroads), under the doctrine of "separate but equal".

a.                    Brown v. Board of Education (1954)- was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation.

a.                    Gitlow v. New York (1925)- ruled that the Fourteenth Amendment to the United States 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.

a.                    Barron  v. Baltimore (1833)- established a precedent on whether the United States Bill of Rights could be applied to state governments.

Schenk v. United States (1919)- decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to freedom of speech against the draft during World War I. 

a.                    Miranda v. Arizona  (1966)- was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.

a.                    Gideon v. Wainwright (1963)- is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys

a.                    Griswold v. Connecticut (1965)- was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".

       Know the different types of grants?

-Block Grant  (Test Note: States has discretion to spend how they want. Given to states by Federal Gov.)

Categorical Grant- Grant that allocated federal funds to states for a specific purpose.

Unfunded Mandates-National Laws that direct state or local governments to comply with federal rules or regulations, but contain little or no federal funding.

outlawed segregation in public facilities and discrimination in employment, education and voting; created the Equal Employment Opportunity Commission.

  What is equality of opportunity and equality of results? 

- Equality of opportunity-Equality of opportunity is a political ideal that is opposed to caste hierarchy but not to hierarchy per se. The background assumption is that a society contains a hierarchy of more and less desirable, superior and inferior positions

- Equality of results- The objective of policies intended to reduce or eliminate the effects of discrimination so that members of traditionally disadvantaged groups will have the same benefits of society as do members of advantaged groups. 

What is the Equal Rights Amendment and what is its history?

- was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time. In 1972, it passed both houses of Congress, but failed to gain ratification before its June 30, 1982 deadline. Although the Nineteenth Amendment had prohibited the denial of the right to vote because of a person's sex, Alice Paul, a suffragist leader, argued that this right alone would not end remaining vestiges of legal discrimination based upon sex. Paul drafted the Equal Rights Amendment and, in 1923, presented it as the "Lucretia Mott Amendment" at the celebration of the 75th anniversary of the 1848 Seneca Falls Convention and the Declaration of Sentiments.^[3]Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. Congress shall have power to enforce this article by appropriate legislation.

   What is probable cause?

-If it is believed that a person is going to commit or has committed a crime.

     What is de jure and de facto discrimination?

-De Jure-(which means "concerning the law") when referring to matters of law, governance, or technique (such as standards) that are found in the common experience as created or developed without or contrary to a regulation.

-De Facto-is a Latin expression that means "by [the] fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established

What is prior restraint?

-Constitutional doctrine that prevents the government form prohibiting speech or publication before the fact; generally held to be in violation of the first amendment.

Civil liberties are rights that individuals have against government.  Among our civil liberties are the right to free expression, the right to worship (or not) as we choose, and the right to be free from unreasonable searches and seizures.

Civil rights Civil rights laws protect people against private acts of discrimination -- discrimination in employment, in housing or education. 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

a.                    Establishment clause- is the first of several pronouncements in the First Amendment to the United States Constitution, stating, "Congress shall make no law respecting an establishment of religion".

a.                    Supremacy clause-Article VI, Section 2 of the United States Constitution, known as Supremacy of National Law , establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land."

a.                    Exclusionary rule - is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law

Clause 18. The Congress shall have Power *** To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof

The Great Compromise

(Constitutional Convention)

-Great Compromise- The final decision of the Constitutional Convention to create a two house legislature with the lower house elected by the people and with powers divided between the two houses. It also made national law supreme.

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New Jersey Plan

(Constitutional Convention)

New Jersey Plan- Its key points were a one-house legislature with one vote for each state, a Congress with the ability to raise revenue, and a Supreme Court with members appointed for life.

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3/5 Compromise

(Constitutional Convention)

Three Fifths Compromise- Agreement reached at the Constitutional stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for representation in the US House of Representitives.

Virginia Plan

(Constitutional Convention)