Government Outline

A. The Framers 1. Group of 55 men from
2. 12 states who attended Constitutional Convention in Philadelphia in 1787 B. Organization and Procedure 1. Elected George Washington as president of the convention.
2. Each state had one vote and a majority carried any proposal. C. The Decision to Write a New Constitution
D. The Virginia Plan 1. Called for three branches of government and a bicameral legislature.
2. Representatives based on either population of amount of money given to the central government. E. The New Jersey Plan 1. Called for unicameral Congress of the Confederation and only a few amendments to Articles.
2. All states would be equally represented. F. The Connecticut Compromise 1. Congress would have two houses. One based on population, the other having equal representation.
2. Often known as the Great Compromise. G. The Three-Fifths Compromise 1. Won by the Southerners, it provided that all "free persons" should be counted population, along with 3/5 of "all other persons."
2. Northerners won by using same formula to be used to fix the amount of money to be raised by each state for direct taxes levied by Congress. H. The Commerce and Slave Trade Compromise 1. Forbade Congress the power to tax the export of goods from any state,
2. Forbade Congress the power to act on the slave trade for at least twenty years. I. A "Bundle of Compromises"
J. Sources of the Constitution 1. Framers aware of world history.
2. Own experiences with Second Continental Congress; the Articles of Confederation; governments. K. The Convention Completes Its Work 1. Thirty-nine names signed on document.

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V. Ratifying the Constitution A. Ratification 1. Federalists and Anti-Federalists a. Federalists favored ratification.
b. Anti-Federalists opposed it due to the greatly increased powers of the central government and the lack of a bill of rights.
c. Success as it was finally ratified by nine states in 1788 and became effective 1789. Last state ratified in 1790. B. Inauguration of the New Government 1. New Congress first met on March 4, 1789, in New York City.
2. Elected George Washington President of the U.S. and John Adams Vice President.

Chapter 3
The Constitution

I. The Six Basic Principles A. Popular Sovereignty - people are the only source of governmental power.
B. Limited Government 1. Principle stating government is not all powerful but can only do those things that the people have given it the power to do.
2. Constitutionalism - concept that government must be conducted according to constitutional principles.
3. Rule of Law - similarly, this states that government and its officers are always subject to and never above the law. C. Separation of Powers 1. Legislative, executive, and judicial branches are all distinct and independent.
2. Set forth in Constitution in the first section of Articles I, II, and III. D. Checks and Balances 1. Complex system subject each branch to a number of constitutional restraints by the branches. E. Judicial Review 1. Part of system of checks and balances.
2. Power given to courts to decide whether what government does is in accord with what Constitution provides.
3. Unconstitutional - declaring a governmental action illegal, null and void, of no force and effect, because it is found to violate some provision in the Constitution. F. Federalism - principle of division of power among a central government and several regional governments. II. Formally Amending the Constitution A. Formal Amendment Process 1. Amendment - changes in written words of the Constitution.
2. Formal amendment - changes or additions that become part of the Constitution in one of four following ways. a. May be proposed by a two-thirds vote in each house of Congress and be ratified by three-fourths of the state legislatures. (Most common method used.)
b. Proposed by Congress and then ratified by conventions called for that purpose three-fourths of the states.
c. Amendment may be proposed by a national convention called by Congress at request of two-thirds of the state legislatures and then ratified by three-fourths of the state legislatures. B. The 27 Amendments 1. Bill of Rights - first 10 amendments,
2. proposed in 1789 III. Informal Amendment A. Process by which many changes have been made in the Constitution that have not led to changes in the written words.
B. Basic Legislation 1. Laws passed by Congress have spelled out several of the Constitution's brief provisions.
2. Congress has added to the Constitution by the way it has used many of its powers, for example, by defining the meaning of words. C. Executive Action 1. Caused by manner in which different Presidents have used their powers.
2. Executive Agreement - pact made by the President directly with the head of a foreign state. Not approved by Congress. D. Court Decisions
E. Party Practices
F. Custom
Chapter 4
Federalism
I. Federalism and the Division of Power A. Federalism Defined 1. Federalism - system of government in which a written constitution divides the powers of government on a territorial basis, with each level of government having its own area of powers.
2. Division of Powers exists between the national government and the states. Implied in the original Constitution and spelled out in the 10th Amendment. B. The National Government Is One of the Delegated Powers 1. Delegated powers are those powers granted to the national government by the Constitution.
2. Expressed Powers are spelled out in the Constitution
3. Implied Powers are not expressly stated in the Constitution but are reasonably implied by those powers that are.
4. Inherent Powers are those belonging to the national government because it is the national government of a sovereign state in the world community. Few in number. C. Powers Denied to the National Government 1. Expressly denied in the Constitution.
2. Denied because of the silence of the Constitution.
3. Denied because the Constitution established a federal system for the U.S. and nothing should threaten that system. D. The States Are Governments of Reserved Powers 1. Reserved powers are those held by the states in the federal system. E. Powers Denied to the States 1. Some are denied expressly.
2. Some are denied by the existence of the federal system. F. The Federal System and Local Governments 1. Two basic levels of government: the national government and the fifty states. G. The Exclusive Powers 1. Consist of those that can be exercised only the national government.
2. Include most delegated powers. H. The Concurrent Powers 1. Consist of those that both the national government and the states possess and exercise.
2. Not held and exercised jointly but are exercised separately and simultaneously. I. The Supreme Law of the Land 1. Consists of the Constitution and the laws and treaties of the U.S.
2. The Supreme Court and the Federal System a. Supreme Court applies the supremacy clause to the conflicts between the national and state governments. II. The National Government and the 50 States A. The Nation's Obligations to the States - established by the Constitution 1. Guarantee of a Republican Form of Government
2. Protection Against Invasion and Domestic Violence B. Respect for Territorial Integrity
C. Admitting New States 1. Admission Procedure a. Area desiring statehood petitions Congress
b. Enabling act is passed by Congress to direct the framing of a proposed state constitution.
c. Act of admission would be passed if Congress agrees to statehood and then would require the President's signature. 2. Conditions for Admission D. Cooperative Federalism 1. Federal Grants-in-Aid a. Grants-in-aid programs - money given to the states and/or their local units to provide those levels of government with the funds often needed to carry out many of their functions. 2. Block Grants a. Created because some felt that grants-in- aid were too narrowly defined
b. Consist of grants to state and local governments with more broadly defined purposes and fewer strings attached. 3. Revenue Sharing a. Congress gave an annual share of federal tax money to the states and local governments and could be spent largely as the local governments chose to.
b. Stopped by the Reagan Administration in 1987. 4. Other Forms of Federal Aid
5. State Aid to the National Government III. Interstate Relations A. Interstate Compacts 1. Agreements among states and with foreign states. B. Full Faith and Credit 1. Means respect the validity of documents prepared in other states.
2. Exceptions a. Applies only to civil, not criminal matters.
b. Full faith and credit need not be given to certain divorces granted by one state to residents of another state. C. Extradition 1. A legal process in which a fugitive from justice in one state is returned to that state from another. D. Privileges and Immunities 1. Residents of one states will not be discriminated against unreasonably by another state.

Chapter 6
Voters and Voter Behavior
I. The Constitution and the Right to Vote A. The History of Voting Rights 1. Suffrage means the right to vote.
2. Franchise is a synonym for suffrage.
3. Electorate is the potential voting population. a. The nation has experienced the gradual elimination of a number of restrictions on the right to vote.
b. A significant share of what was originally the states' power over the right to vote has been assumed by the federal government. 4. Five Stages of the struggle to extend voting rights a. During the early 1800's, qualifications based on religious, property ownership, and tax payment were eliminated.
b. After the Civil War, qualifications based on race and color were omitted.
c. 1920 saw the passage of an amendment to prohibit the denial of the right to vote based on sex.
d. The 1960's saw the passing and enforcement of several civil rights acts aimed at allowing more Blacks to vote.
e. 1971 saw the passage of the 26th Amendment, establishing the minimum voting age as 18. B. The Power to Set Voting Qualifications 1. Constitution places five restriction on the states' power to set suffrage qualifications a. Any person allowed to vote in a state election must be allowed to vote for members of Congress.
b. No state can deprive any person of voting based on race, color, or previous condition of servitude.
c. No state can deprive any person of the right to vote on account of sex.
d. No state can require the payment of any tax as condition for taking part in a federal election.
e. No state can deprive any person who is at least 18 the right to vote because of age.

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II. Voter Qualifications Among the States A. Citizenship, Residence, and Age 1. Citizenship is one of a least two factors someone must meet in order to vote
2. Residency requirements adopted for one of two reasons a. Meant to keep a political machine from importing (bribing) enough outsiders to affect the outcome of local elections.
b. Every state has accepted the view that every voter should have at least some time in which to become familiar with the candidates and issues.
c. Residency requirements--no longer than thirty days--are shorter now than previously. 3. Age B. Other Qualifications 1. Registration - procedure of voter identification, intended to prevent fraudulent voting.
2. Literacy - used to make sure a qualified voter could vote. Congress eliminated literacy as a requirement in 1970. C. Tax Payment 1. Poll tax was a payment required to some states before a person could vote. Outlawed in 1964 by the 24th Amendment. D. Who May Not Vote 1. People in mental institutions or others found to be mentally incompetent.
2. Some states disqualify those convicted of serious crimes.
3. Some states disqualify those dishonorably discharged from the armed forces.
4. Some states disqualify the duelists, the homeless, or polygamists. III. Suffrage and Civil Rights A. The 15th Amendment 1. Gave voting rights to all races, colors, and without respect to previous condition of servitude.
2. Gerrymandering - the practice of drawing the lines of electoral districts in order to limit the voting strength of a particular group or party. B. The Civil Rights Acts of 1957 and 1960 1. Injunctions - federal court orders used to prevent interference with any person's right to vote in federal elections.
2. Act of 1957 established the Civil Rights Commission, which among other things, inquires into claims of voter discrimination.
3. Act of 1960 provided for the appointment of federal voting referees. C. The Civil Rights Act of 1964 1. Outlaws discrimination in several areas, especially in job related matters.
2. Forbids the use of any registration requirement in an unfair or discriminatory manner. D. The Voting Rights Act of 1965 and Its Amendments 1. Applies to all elections; not just federal
2. Attacked the constitutionality of remaining poll tax laws.
3. In certain cases, suspended the use of literacy tests.
4. Declared no new election laws can go into effect in any state unless first approved by the Department of Justice. IV. Nonvoting A. The Size of the Problem 1. Little Recognized Aspects of the Problem a. Nonvoting voters
b. Higher turnout when presidential election than "off-year elections." B. Why People Do Not Vote 1. "Cannot-Voters"
2. Actual Nonvoters a. Political efficacy - influence or effectiveness on politics.
b. Cumbersome voting procedures 3. Factors Affecting Turnout a. Feelings about political efficacy
b. Degree of two-party competition V. Voter Behavior A. The Study of Voting Behavior comes primarily from three sources 1. The results of particular elections
2. The field of survey research
3. Studies of political socialization a. The process by which people gain their political attitudes and opinions. 4. Factors That Influence Voters a. Personal characteristics
b. Group affiliations B. The Sociological Factors 1. Income, Occupation a. Higher incomes tend to vote Republican 2. Education a. The greater the education, the more likely it is for a person to vote Republican 3. Gender, Age a. Women less likely to vote Republican.
b. Younger voters more likely to be Democrats. 4. Religious, Ethnic Background a. Northern Protestants prefer the GOP.
b. Catholics, Jews more likely to be Democrats.
c. Nonwhites support the Democratic party. 5. Geography a. South more likely to be Democratic.
b. Democrats still popular in big cities in the North and East. 6. Family, Other Group Affiliations C. The Psychological Factors 1. Party Identification - The loyalty of people to a political party. a. Single most significant and lasting predictor of how a person will vote.
b. Straight-ticket voting - practice of voting for candidates of but one party in an election.
c. Split-ticket voting - voting for candidates of both parties at the same election.
d. Independents - People with no part affiliation. 2. Candidates and Issues
Chapter 7
The Electoral Process

I. The Nominating Process A. The Importance of Nominations 1. Nomination - the naming of those who will seek office
2. Making of nominations is critical in the American democratic system.
3. Making of nominations a. Prime function of political parties in the U.S.
b. Leading reason for the decentralized character of the major parties 4. General Elections - regularly scheduled elections with the final selection of candidates B. Self-announcment 1. The first of five ways nominations are made C. The Caucus 1. The second of five ways nominations are made
2. Group of like-minded people who meet to select the candidates they will support in an upcoming election. D. The Convention 1. The third of five ways nomination are made E. The Direct Primary 1. The fourth of five ways nominations are made
2. Election held within the party to pick the party's candidates for the general election.
3. Closed Primary - one of two basic forms of direct primary a. Party nominating election in which only declared party members can vote. 4. Open Primary - one of two basic forms of direct primary a. Only used in twelve states presently
b. Party nominating election in which any qualified voter can take part.
c. Blanket primary - variation of open primary wherein voter receives a single large ballot listing each party's contenders for each nomination and the voter can vote in a single party's primary. 5. Closed vs. the Open Primary a. Arguments for the closed primary include that it keeps the members of one party from raiding the other's primary in the hope of nominating weak candidates in the other party; that it helps to make candidates more responsive and responsible to the party, its platform, and its members; and that it helps to make more thoughtful voters because they must choose between the parties in order to vote in the primaries.
b. Arguments against the closed primary include that it compromises the secrecy of the ballot because it forces voters to make their party preferences known in public; and that it tends to exclude independent voters from the nomination process. 6. The Runoff Primary - required when no one wins a majority in a race (used in only ten states).
7. The Nonpartisan Primary a. Used in most states for most or all elective school and municipal offices
b. Candidates not identified by party labels. 8. Evaluation of the Primary
9. The Presidential Primary E. Nomination by Petition 1. Fifth of five ways nominations can be made II. Elections A. The Administration of Elections 1. The Extent of Federal Control a. Most election laws are state laws
b. Federal laws relate to establishing the time
c. Federal laws require secret ballots
d. Prohibited various corrupt practices and protects the right to vote in elections. 2. When Elections Are Held
3. The Coattail Effect occurs when a strong candidate running for a high office helps attract votes to other candidates on the party's ticket. B. Precincts and Polling Places 1. Precinct - voting district
2. Polling Place - where the voters actually vote C. The Ballot 1. Device by which a voter registers a choice in an election
2. The Australian Ballot a. Begun in 1856 in Australia
b. Basic form of the ballot today
c. Four features: printed at public expense; lists the names of all candidates; given out only at the polls; voted in secret 3. The Office-Group Ballot a. Original form of the Australian ballot
b. Candidates are grouped by office 4. The Party-Column Ballot a. Version of the Australian ballot
b. Lists each party's candidates in a column under the party's name.
c. Allows for straight-ticket voting with one X. 5. Sample Ballots
6. The Long and the Short of It D. Voting Machines and Innovations 1. Electronic Vote Counting
2. Vote-by-Mail Elections

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III. Money and the Election Process A. Campaign Spending Amounts
B. Sources of Campaign Funding 1. Private Givers a. Small contributors
b. Wealthier persons and families
c. Candidates themselves
d. Political Action Committees (PACs) - the political arms of special interest groups
e. Temporary organizations formed for the immediate purposes of a campaign, including fundraising 2. Why People Give C. Regulating Campaign Finance 1. The Federal Election Commission - enforces laws in four broad areas a. Requiring the timely disclosure of campaign finance data
b. Placing limits on campaign contributions
c. Placing limits on campaign expenditures
d. Providing public funding for several parts of the presidential election process 2. Disclosure Requirements a. Laws relating to reporting of certain campaign finance information
b. The Role of PAC's
c. Limits on Contributions
d. Limits on Expenditures
e. Public Funding of Presidential Campaigns i. Under Revenue Act of 1971
ii. Monies used to pay for public subsidies for preconvention campaigns, for national conventions, and presidential election campaigns. f. Preconvention Period
g. National Conventions
h. Presidential Campaigns i. Available to major party presidential nominees
ii. Public subsidy to cover cost of the general election campaign
iii. If public money is accepted, the nominees could spend no more than the amount of the subsidy and could not accept campaign funds from any other source.
iv. Minor party candidate does not automatically qualify, but must have either won at least f% of the popular vote in the last presidential election or win at least 5% in the election. .
Chapter 19
Civil Liberties: First Amendment Freedoms

I. The Unalienable Rights A. Rights and Liberties in American Political Thought 1. Bills of Rights - first ten amendments
2. Civil Rights and Civil Liberties a. Civil rights - positive acts of government that seek to make constitutional guarantees a reality
b. Civil liberties - protection of people against government B. Individual Rights and the Principle of Limited Government
C. Relativity of Individual Rights
D. When Rights Conflict
E. Persons to Whom Rights Are Guaranteed 1. Aliens - foreign born residents who are non- citizens F. Federalism and Individual Rights 1. Some rights are guaranteed against national government only
2. Some rights against states and local governments only
3. Many rights against national, state, and local governments
4. Some rights against a state and local government come from national constitution; others from state constitution.
5. The Scope of the Bill of Rights
6. The Modifying Effects of the 14th Amendment a. Due process clause - comes from the fifth and 14th amendments and states that the government will not deprive any person of life, liberty, and other areas must act in accordance with established rules. G. The Role of the Ninth Amendment 1. The rights retained by the people II. Freedom of Religion A. Religion and the Bill of Rights
B. Separation of Church and State 1. Establishment Clause
2. Released time - programs which allow public schools to release students to attend religious classes
3. Prayer and the Bible
4. Student Religious Groups a. must allow student or religious groups to meet 5. Evolution
6. Chaplains in Congress and the State Legislatures
7. Tax Exemptions
8. State Aid to Parochial Schools a. Some states do give money to private schools. 9. The Lemon Test a. The purpose of aid must be secular; not religious.
b. Primary effect must be to neither advance inhibit religion.
c. Must avoid an excessive entanglement of government with religion. C. The Free Exercise of Religion 1. Free Exercise Clause - people have right to believe in any way in the matters of religion III. Freedom of Speech and Press A. Democracy and Freedom of Expression 1. Libel - false and malicious use of printed words
2. Slander - false and malicious use of spoken words B. Obscenity
C. Prior Restraint
D. Confidentiality 1. Shield laws - laws in some state giving reporters some protection against having to disclose their sources or real other confidential information in legal proceedings. E. Motion Pictures
F. Radio and Television
G. Symbolic Speech 1. Symbolic speech - mode of expression shown by conduct
2. Picketing - involves patrolling of a business site by workers who are on strike. H. Commercial Speech 1. Used for business purposes, primarily advertising IV. Freedom of Expression and National Security A. Punishable Acts 1. Espionage - practice of spying for a foreign power
2. Sabotage - involves an act of destruction intended to hinder a nation's war or defense effort.
3. Treason - levying war against the nation or supporting its enemies
4. Sedition - enticement of resistance to lawful authority B. The Alien and Sedition Acts
C. Sedition Acts in Wartime
D. Sedition in Peacetime V. Freedom of Assembly and Petition A. The Constitution's Guarantees
B. Time-Place-Manner Regulations
C. Demonstrations on Public Property
D. Right of Assembly and Private Property
E. Freedom of Association Return to the list of papers.
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