INTIATIVE-by the people

REFERENDUM-elected officials

Governerment by   |  Legitimate  |  Perverse

One-Monarchy-Tyranny

Few-Aristocracy-Oligarchy

Many-Democracy-Mobocracy 

Representative

• delegate-reflects views of people
• trustee-makes decisions for people

Direct

1. # of elected officials
2. seperation of elections
3. spread of primaries
4. decay of party organizations
5. rise in mass communication
6. raise in interest groups (promoters)
7. polls/surveys
8. Rise in $ in campaigns

1. consent of government-legitimacy 
2. seperation of powers
3. citizen rights and representation-citizens have power

DID NOT WORK

• 1781-1789
• no taxes
• 100% votes for approval
• states individually make decisions

NEW LEGISLATION-POST 1789

POWER AND REPRESENTATION OF CONGRESS

----->

1. Virginia-reps based on population
2. Jersey- reps equal amongst all states

CONNECTICUT COMPROMISE- 2 equal chambers- HOUSE OF REPS & SENATE

100 sentaors

435 house reps

+       3 votes added to D.C.

-------------------------------------

538 electoral college VOTES

270 VOTES NEEDED TO WIN

JUDICIAL COMPROMISE

Judicial Review 

Supremacy Clause

3/5 Compromise

• Judicial review- can declare laws unconsituational
• Supremacy clause- congress can't pass state law that conflicts with constitution
• Slavery- 3/5 of a person=representation

First 10 amendments to constitution

FEDERALISTS VS ANTI FEDERALISTS

----->

BELEIVED...

1. gave constitution to much power
2. and were against the bill of rights

**27 amendments to constition up to date**

1. 13th-Slavery Abolished
2. 14th-Anyone born in US is US citizen (slaves children)
3. 15th- US cannot deny anyone's rights to vote based on race/color

• Aspects of Bill of Rights applied on case by case situation
• "Selectively incorporate" laws case by case

Basic Freedomes

• Religion
• Speech
• Peaceful gatherings
• Press
• Tyranny of Majority- minorites still have voice

• does not protect speech
• Schenk v US- attacked at protest, advocated socialism, won in supreme court

          --> Abrams v US- same situation

• certain words equivalent of violent act (racial-slurs)
• Chaplinsky v New Hampshire- 1942

• public interests at stake
• loyalty oaths
• public (jury) decides fate in court

• Pentagon Papers- NY Times v US-1971-Pentagon papers matter of Nat Security (embarassing)
• Flag burning
• Critcizing minorities
• No feedoms: military, prison, school

Prior Restraint Doctrine

• Government cannot censor articles
• Near v Minnesota-1931- Newspapers have political opinions
• Libel- slander, obscenity- facts must have credibility

• Commercial speech- advertising
• Obscenity- Redrup v NY-strengthened obscenity, Miller v California-matter settled by local community standards
• Libel- NY Times v Sullivan- libel not protected by 1st amendment 

• NAACP v Alabama-1958- gov't cannot restrain associations
• Boy Scouts v Dale-2000-can refuse to accept a gay scoutmaster
• Rumsfield v Forum-2006- Congress can force universities to allow military recruiters on campus

LEMON V KURTZMAN

1971

"Lemon Test"-determined if amendment is violated

• law needs secular purpose
• law can't advance or inhibit religion
• public officials not entangled in religion

1990

Native Americans can use peyote religiously

1975

No age limit on school attendance-NO-violated religion

Mueller v Allen-1983-tax breaks religious school kids-NO

4th amendment- right to privacy, search and seizure, can't use illegally obtained evidence in court

5th- self incrimination

6th- right to a speedy trial

• trial can be rescheduled
• Jury can be interviewed 
• Juror can be removed from case
• Juror can be sequestered/hidden from media

Griswold v CT-1965-okay to distribute contraception

Bowers v Hardwick-1986-outlawing sodomy (gay sex) is constitutional 

Lawrence v Texas-2003- reversed Bowers v Hardwick

Roe v Wade-1973- right to have an abortion

Planned Parenthood v Casey-1992- states can put restriction on availability of abortions

• medical records
• internet rights
• credit records
• E-mails
• Facebook
• Twitter

1. elected officials
2. ability to raise revenues (tax)
3. ability to pass laws

• Thomas Hobbes- each level of gov't has equal power
• Prevented "tyranny of majority"

1819

State tried to tax Bank of America- NO

congress can regulate commerce w/foreign nations, states, and indian tribes

Interstate- federal gov't can regulate

Intrastate-within one sate- gove't can't regulate 

all levels of gov't work together-professionals have similary training

FBI=Police Officer

Nixon administration- general revenue sharing

Reagan administration- converted categorical grants to block grants

1996-Aid to families with dependent children- "Welfare"

• Most basic unit of gov't-70,000 nationwide
• Local elections
• Popularity
• Laboratories of Democracy- "test towns", provisions
• Limitations-$-competition for business 

• state elections
• variation in state responsibilities
• modern state politics- budget issues, reappointment, professionalization, term limits, economic issues

• Partisan Press/"Penny Press"
• Muckrackers-journalists responsible for causing corruption

WWI ERA

• created federal radio divison (later became Federal Communications Commision)
• gives license and broadcasting rights
• equal time rule-attempt to eliminate partisanship

1949-1987

required stations to give opposing viewpoints and equal time

NEW MEDIA EFFECTS- EMAIL, INTERNET, SOCIAL NETWORKING

1. Agenda setting-what public views
2. Priming-media sets standards on how to evalutate politician or problem
3. Framing- media can emphasize and de-emphasize certain facts
4. CNN effect- true uncensored detail in media
5. Socialization- how public views society

1. selection- what is news?
2. professional- who is worth your support
3. Ideological- what you view as the right choice

1. campaign coverage
2. national conventions
3. debates
4. third parties- little coverage
5. down to the wire elections

1. President
2. Conflict
3. Emphasiezes negaties