privileges and immunities clause

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Privileges and Immunities Clause The Privileges and Immunities Clause of Article IV ensures that an out-of-state citizen enjoys the same privileges as a citizen of the state in which he happens to find himself.

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Jim Crow Laws Anti-African American Legislation known as Jim Crow Laws Laws to enforce segregation Affected public facilities…separated blacks from whites (schools, restaurants, etc.) Plessey vs. Ferguson Separate-but-equal Doctrine, is okay Upheld that…

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Page 1: Privileges and Immunities Clause

Privileges and Immunities Clause

The Privileges and Immunities Clause of Article IV ensures that an out-of-state

citizen enjoys the same privileges as a citizen of the state in which he happens to

find himself.

Page 2: Privileges and Immunities Clause

Jim Crow Laws Anti-African American Legislation known as Jim Crow Laws Laws to enforce segregation Affected public facilities…separated blacks from whites (schools, restaurants,

etc.)

Plessey vs. Ferguson

Separate-but-equal Doctrine, is okay

Upheld that…

Page 3: Privileges and Immunities Clause

Iron Triangles Describes the policy making relationship between congressional committees,

the bureaucracy and interest groups

Page 4: Privileges and Immunities Clause

Due Process• A constitutional guarantee explained in the Fifth and

Fourteenth Amendments that the government will not illegally or randomly deny a person of life, liberty, or property.

• (Also called the due process of law)

Page 5: Privileges and Immunities Clause

Plessy vs. Ferguson• Plessy v. Ferguson was a Supreme Court case that

made separate but equal accommodations for blacks and whites constitutional.

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House Vs SenateHouse Vs Senate SenateSenate

Requirements: 30 years old, US Requirements: 30 years old, US citizen for 9 years, legal resident citizen for 9 years, legal resident of respective state.of respective state.

Six year terms.Six year terms. Seats capped at 100 (2 per state).Seats capped at 100 (2 per state). ‘‘Upper chamber of CongressUpper chamber of Congress Leadership: Vice President Leadership: Vice President

(Leader of the Senate), President (Leader of the Senate), President Pro TemPro Tem

House of RepresentativesHouse of Representatives Requirements: 25 years old, US Requirements: 25 years old, US

Citizen for 7 years, legal state Citizen for 7 years, legal state resident.resident.

Two year terms.Two year terms. Seats capped at 435, distributed Seats capped at 435, distributed

by state population.by state population. ‘‘Lower’ chamber of congress.Lower’ chamber of congress. Money-related bills always start Money-related bills always start

here.here. Leadership: Speaker of the House, Leadership: Speaker of the House,

Majority Leader, Minority Leader, Majority Leader, Minority Leader, Whips.Whips.

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Election ProcessElection Process Self-nomination was the most common way of turning into a candidate Self-nomination was the most common way of turning into a candidate

until the early 1800s. They had to get enough signatures on a petition for until the early 1800s. They had to get enough signatures on a petition for their name to appear on a ballot.their name to appear on a ballot.

Other methods such as party caucus and nominating conventions were Other methods such as party caucus and nominating conventions were used but were eventually beaten out by the Direct Primary method.used but were eventually beaten out by the Direct Primary method.

The Direct Primary method is an election held within a party to choose a The Direct Primary method is an election held within a party to choose a nominee. There are many different kinds of primaries such as closed and nominee. There are many different kinds of primaries such as closed and open that are similar methods of election.open that are similar methods of election.

Once past nomination the campaigns begin in which the nominees work to Once past nomination the campaigns begin in which the nominees work to gain the peoples’ votes.gain the peoples’ votes.

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Election ProcessElection Process The best known kind of election is a general election. These are elections The best known kind of election is a general election. These are elections

to decide on national offices such as a Presidential election, or a Senate or to decide on national offices such as a Presidential election, or a Senate or House election.House election.

Voters use ballots to decide on who will be apart of the office listed on Voters use ballots to decide on who will be apart of the office listed on them.them.

The Electoral College is a large part of a Presidential Election. The Electoral College is a large part of a Presidential Election. How the Electoral College works is that after a General election, the votes How the Electoral College works is that after a General election, the votes

are counted up. Whichever candidate received the majority of votes from are counted up. Whichever candidate received the majority of votes from that state receives ALL of the electoral college votes of that state.that state receives ALL of the electoral college votes of that state.

So technically, one could win the majority of the country’s votes yet not So technically, one could win the majority of the country’s votes yet not take office because they did not win the Electoral College votes.take office because they did not win the Electoral College votes.

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Executive Branch

~ Executive office of the President and Vice President

~ Checks the Legislative branch by vetoing bills and approving of passing bills

~ Checks the Judicial branch by appointment of Judicial supreme justices

Legislative Branch

~Placement of Congress

~ Holds both Senate and house of representatives

~ Checks the Executive branch by 2/3 vote to pass a veto by the president.

~ Checks the Judicial branch by approving the appointment of supreme court justices

~ Power to pass Legislation; bills

Judicial Branch

~ Judicial Review- Power of the courts to make sure the actions of government actions are constitutional.

~ Interprets laws

Supreme Courts and Federal Courts.

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1All authority is vested in one central government, the opposite of the federal which have the powers separated.

-Japan is an example of a Unitary government.

The United States is a Federal system of government where the powers ore divided and authority between national and state governments.

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AFFIRMATIVE ACTION• Affirmative action is the process of taking historically disadvantaged

minorities, and enacting policies that help to make that minority “equal” to the majority.

These policies can include quotas on schools and corporations, meaning they have to admit or hire a certain number of people based on their race, gender, or national origin.

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FACTIONS• A political faction is a group of people that

form an organization, such as a political party, interest group ect., based on their shared political beliefs.

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Disenfranchisement• Disenfranchisement is when a citizen is revoked of

his/her right to vote. It can be directed at a certain group of people, as it was in the 60’s towards African Americans, or one can be disenfranchised because they have not met the legal requirement of retaining their right of suffrage.

• Disenfranchisement can mean either the rendering of a vote useless, or just less effective. The voters that are revoked usually want to vote, they are just not allowed.

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Disenfranchisement (cont.)

• Direct disenfranchisement: a more direct means of rendering votes ineffective. i.e. violence, poll taxes, literacy tests, and other forms of keeping certain groups of citizens from voting.

• Indirect disenfranchisement: a more clever way of keeping usually minority groups from voting. i.e. less number of voting booths in a certain area, and tampering with voting machines to make vote results lean a certain way.

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Effects of Media on Elections• Higher authorities and people in control usually use the

media to their advantage to lean the general population towards a particular side, or a particular party.

• Television, Internet, and Radio are the most popular sources of media currently, and are used the most to sway popular opinion, whether it be by criticism of opposing candidates, or praise of the candidate campaigning.

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BureaucracyAn organization that is structured in a pyramid like fashion (hierarchically) to carry out specific functions by reporting to the person above you.

This organization method allows each person to concentrate on their area of knowledge and expertise.

Bureaucracy has significantly grown in size. Today has roughly 2.7 million employees in the U.S. Government.

In Bureaucracy the power to act resides in the position rather than in the person.

Top Dog

U.S President for us

The 3 Branches

Executive Branch Departments

Independent Establishments & Government Corporations

Page 18: Privileges and Immunities Clause

Political Socialization • Political Socialization is

the informal and formal methods by which your political views are shaped.

• Informal Methods: Parents, Friends, Mass Media.

• Formal Methods: Government Class, Political Rallies.

• Other Influences: Peer Groups, Age, Economic Status and Occupation.

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Presidential PowersInherent PowersCommand over the Armed Forces, Appoint Supreme Court Justices, Clemency (Pardons)

Implied Powers the president holds the responsibility to protect the nation from sudden attack and has the ability to initiate military activities overseas without a formal declaration of war. Through the War Powers Resolution of 1973, Congress sought to define more clearly the conditions under which presidents unilaterally can authorize military action abroad

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Reverse Discrimination

Discrimination against members of a dominant or majority group, especially when resulting from policies established to correct discrimination against members of a minority or disadvantaged group.

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Bill of RightsFreedom of speech, press, and right to assembly.

Prohibition of

unreasonable search of

person, house, etc.Prohibition of Double

Jeopardy.

Right to speedy trial

and counsel.

Preservation of

right of trial in civil

cases.

Prohibition of bail.

Protection of rights

not enumerated

Reservation of

state and

people powers. Right to bear arms.

Not being forced to quarter troops.

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Confederal SystemA league of independent states.

The central government only addresses matters of common

concern delegated to them by the member states.

Page 23: Privileges and Immunities Clause

American Disability ActADA requires all public

buildings and public services be accessible to persons with

disabilities and have “reasonable accommodations

Disability: a physical or mental impairment that “substantially limits” a person’s everyday activities.

Blindness, alcoholism, heart disease, cancer, muscular dystrophy, cerebral palsy, paraplegia, diabetes, AIDS.

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Enumerated Enumerated PowersPowers

Enumerated Powers are powers Enumerated Powers are powers explicitly granted to the Federal explicitly granted to the Federal Government by the Constitution.Government by the Constitution. Article I, Section 8 of the Article I, Section 8 of the Constitution states the enumeratedConstitution states the enumerated powers to the federal government.powers to the federal government.

Taxation is one example of an enumerated power.

Page 25: Privileges and Immunities Clause

LobbyingLobbying Lobbying is a Lobbying is a

form of advocacy form of advocacy to influence the to influence the decisions that decisions that politicians make politicians make towards towards legislation. legislation.

In the past most In the past most lobbying lobbying consisted of consisted of large gifts or large gifts or perk packages perk packages and bribes for and bribes for the politicians.the politicians.

There are 10,578 registered lobbyists this year.

Page 26: Privileges and Immunities Clause

Voting Rights Act of Voting Rights Act of 19651965 Signed by President Lyndon Signed by President Lyndon

Johnson on August 6Johnson on August 6thth, 1965., 1965. It outlawed any sort of It outlawed any sort of

discriminatory voting restrictions discriminatory voting restrictions that were being used by the that were being used by the Southern States.Southern States.

Literacy Tests and Poll Taxes Literacy Tests and Poll Taxes were the two main practices that were the two main practices that were outlawed.were outlawed.

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Constitution gives the national government supremacy over all

state and local governments.

The Clause..

says that states cant use their reserved or concurrent powers to

counter national policies.

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”

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• This court case made sure African American students be admitted to schools on a nondiscriminatory basis.

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Privileges and Immunities Clause

Article IV and The 14th Amendment

"The Citizens of each State shall be entitled to all Privileges and Immunities in the several states.“

Prevents states from discriminating against citizens of other states…cannot be treated as an alien.

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Jim Crow Laws Anti-African American Legislation known as Jim Crow Laws Laws to enforce segregation Affected public facilities…separated blacks from whites (schools, restaurants,

etc.)

Plessey vs. Ferguson

Separate-but-equal Doctrine, is okay

Upheld that…

Page 32: Privileges and Immunities Clause

Iron Triangles A policy community Presumes that laws are passed to benefit all three sides

3 way alliance of:

Legislators Bureaucrats

Interest Groups

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Expressed PowersExpressed Powers

The expressed The expressed powers are the powers are the powers of the federal powers of the federal government directly government directly written in the written in the Constitution.Constitution.They include the They include the power to coin money, power to coin money, declare war, and declare war, and collect taxes.collect taxes.

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Implied PowersImplied PowersImplied powers are the Implied powers are the powers given to Congress powers given to Congress that are not directly written in that are not directly written in the Constitution.the Constitution.These powers are given by These powers are given by Article I, Section 8, Clause Article I, Section 8, Clause 18, or the necessary and 18, or the necessary and proper clause.proper clause.The implied powers have The implied powers have allowed actions such as the allowed actions such as the Louisiana Purchase and the Louisiana Purchase and the Public Healthcare Bill.Public Healthcare Bill.

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SYMBOLIC SPEECH

• Symbolic Speech deals with nonverbal expressions using symbols.

• Examples include picketing in a labor dispute, and wearing a black armband in protest of government policies.

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SYMBOLIC SPEECH

• There have been numerous Supreme Court cases and most of the decisions refer back to first amendment rights. Freedom of speech has been the biggest deciding factor in these cases.

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PREFFERED POSITION DOCTRINE

• This doctrine deals with freedom of speech.

• It states that freedom of speech is so vital to the Democracy, that any law that inhibits this freedom shall be declared unconstitutional. (Unless it can be proven to be absolutely necessary.)

Page 38: Privileges and Immunities Clause

Equal Protection Clause

Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state

government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over

another.

http://www.lectlaw.com/def/e027.htm

Created by Steven Tristani

Page 39: Privileges and Immunities Clause

Federalist Papers• In total, the Federalist Papers consist of 85 essays outlining how

this new government would operate and why this type of government was the best choice for the United States of America. All of the essays were signed "PUBLIUS" and the actual authors of some are under dispute, but the general consensus is that Alexander Hamilton, James Madison, and John Jay contributed the papers.

• FEDERALIST PAPER No. 10Factions are a threat to the republic and must

Be controlled.

Created by Steven Tristani

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McCulloch v. Maryland• Facts:  The state of Maryland passed a law that imposed taxes on all

the banks located in its territory that are not chartered by its legislature.  The branch of Bank of the United States fell under this law.  The cashier of this Bank, McCulloch, refused the pay the taxes and claimed that the state cannot tax the national bank.

• Procedure: The state court ruled against McCulloch and the Maryland Court of Appeals affirmed.  The case was taken by writ of error to the Supreme Court.

• Issue: 1. Does the Congress have the power to incorporate a bank? 2. Can the state of Maryland tax the branch of the Bank of United States without violating the Constitution?

• Holding: 1. Yes, 2. No

The case became the legal cornerstone of succeeding expansions of federal power.

Created by Steven Tristani

Page 41: Privileges and Immunities Clause

SEPARATION OF POWERSThe separation

of powers is a model of government in which the powers and responsibilities of the government is divided into three branches. Executive, Legislature, and Judiciary.

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Marbury vs. Madison• The court case

Marbury vs. Madison established the power of judicial review.

• Judicial review is the power of the supreme court’s to nullify decisions made by other branches of government by declaring it unconstitutional.

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Powers of the Supreme Court• The Supreme Court of the

United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed by the Senate. Once appointed, Justices effectively have life tenure, serving during good behavior which terminates only upon death, resignation, retirement, or conviction on impeachment.

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Article 4, Section 1 of US constitution

States must respect other state’s judicial decisions, public records and legislative acts

Ensures that rights established under deeds, will contracts, etc. in a state that shall be honored in another.

Primarily to enforce judgments

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18 year olds can vote. They shall not be denied by State

Congress shall have power to enforce article by appropriate legislation

Proposed March 23, 1971

Ratified July 1, 1971

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Valence issue:An issue that is uniformly liked or disliked among the electorate, as opposed to a position issue on which opinion is divided

Parties associated with corruption tend to be unpopular

Position issue:Opinion is divided

Example:

The Death Penalty

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Inherent PowersInherent Powers The powers of the federal government which, The powers of the federal government which,

although not expressly granted by the although not expressly granted by the Constitution, belong to it by virtue of its role as Constitution, belong to it by virtue of its role as the government of a sovereign state. the government of a sovereign state. Ex. Inherent Presidential Power: to decide whether Ex. Inherent Presidential Power: to decide whether

and when to seek the written opinions of the and when to seek the written opinions of the members of his Cabinetmembers of his Cabinet

Ex. Regulate immigration, deport undocumented Ex. Regulate immigration, deport undocumented aliens, acquire territory aliens, acquire territory

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Rights and Responsibilities of Citizenship Rights and Responsibilities of Citizenship Responsibilities: Responsibilities: Support and defend the Support and defend the

Constitution Constitution Serve on a jury Serve on a jury Serve the country when required Serve the country when required Participate in the democratic Participate in the democratic

process process Respect and obey federal, state, Respect and obey federal, state,

and local laws and local laws Respect the rights, beliefs, and Respect the rights, beliefs, and

opinions of others opinions of others Participate in your local Participate in your local

community community

Rights:Rights: Vote in federal elections Vote in federal elections Bring family members to the Bring family members to the

United States United States Obtain citizenship for Obtain citizenship for

children born abroad children born abroad Run for federal office Run for federal office Become eligible for federal Become eligible for federal

grants and scholarshipgrants and scholarship Bill of Rights (freedom of Bill of Rights (freedom of

speech, press, assembly, speech, press, assembly, religion, protections, and religion, protections, and bear arms)bear arms)

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The MediaThe Media The technical means of communication The technical means of communication

(radio, newspaper, internet and T.V) (radio, newspaper, internet and T.V) designed to reach, inform, and often designed to reach, inform, and often influence large numbers of people. influence large numbers of people.

Each type of communication can have political Each type of communication can have political advertising, negative campaign advertising, news advertising, negative campaign advertising, news coverage, debates, and attack ads.coverage, debates, and attack ads.

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Establishment Clause• The first amendment’s

establishment clause prevents the government from establishing an official religion, and favoring one religion over another.

“Congress shall make no law respecting an establishment of religion…”1st amendment of the constitution

Page 51: Privileges and Immunities Clause

Free Exercise Clause• The free exercise

clause is a provision of the first amendment that guarantees the free exercise of religion.

It can’t always be interpreted literally by the supreme court, because, for example, murder is illegal regardless of whether it was committed for religious reasons.

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Commerce Clause

• Article I, Section 8, Clause 3: [The Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;

• This is often referred to as three different clauses: The Interstate Commerce Clause, The Foreign Commerce Clause, and The Indian Commerce Clause.

• the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers

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Campaign Financing • Hard Money: Contributed directly to a candidate of a political party.• Soft Money: Contributed to a political party as a whole.• Public financing: Presidential candidates receive federal

government funds.• Private Financing: Presidential candidate recieves money through

private contribution.

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Liberals and Conservatives• A Liberal is defined as

a person that favors change and reform, and is for the expansion of the federal government.

• A Conservative is defined as a person that favors stability and traditional institutions, and is against the expansion of the federal government. This is a conservative political cartoon

depicting the government as an oversized menace to business.

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Democrats• Party started in 1828

when Andrew Jackson ran for president.

• Democrats are mostly liberal

• They commonly believe in the protection of civil rights and liberties, and government involvement.

Republicans• Party started in 1860 to

oppose slavery.• Republicans are mostly

conservative• They commonly believe in

“reducing the size of government, streamlining bureaucracy, and returning the power to individual states.” –GOP.com

See pg. 278 for more history

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Powers Reserved Powers Reserved To The StatesTo The States

The Tenth Amendment states that The Tenth Amendment states that powers not assigned to the United powers not assigned to the United

States by the Constitution nor States by the Constitution nor prohibited by it to the States, are prohibited by it to the States, are reserved to the States or to the reserved to the States or to the

people. people.

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Examples forExamples forReserved PowersReserved PowersFor The States For The States

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Executive Departments Executive Departments The members of the President’s The members of the President’s

Cabinet are all made up from Cabinet are all made up from Executive Departments.Executive Departments.

There are a total of fifteen Executive There are a total of fifteen Executive Departments in the United States. Departments in the United States.

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Examples ofExamples ofExecutive DepartmentsExecutive Departments

Department of StateDepartment of State

Department of Department of Treasury Treasury

Department of Department of DefenseDefense

Department of the Department of the InteriorInterior

Department of Department of AgricultureAgriculture

Department of Department of CommerceCommerce

Department of Department of LaborLabor

Department of Department of Health and Human Health and Human ServiceService

Department of Department of EnergyEnergy

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Policy Voting

• Policy Voting occurs when a voter votes for a candidate that shares their stand on issues.– For example if Joe is against guns he would

vote for a candidate that doesn’t support guns if he were to follow policy voting.

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Party Identification

• Some voters identify themselves with a party when they register to vote.– This allegiance can be used to guide voters in

their choices.• Voting with a party that you generally agree with

allows you to ignore the smaller issues.– Based on family, age, peer groups, etc.

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Tinker (age 15) and two friends protested the Vietnam war by

wearing black armbands.

The students were suspended for refusing to remove them at school

Defined our rights as students

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Started only white males could vote

15th amendment

Then only black and white men can vote

Women's rights (19th)

EVERYONE can vote!!!!....as long as your 18 yrs old, a citizen, not mental, or a criminal…

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De Jure:

Segregation forced by

lawDe Facto:

Circumstances produce segregation

Enforced separation

by housing patterns (where one lives) or

by school enrollment (where one goes to

school).

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Writ of Certiorari

A written order issued by a higher court to a lower court to send up the record of a case for review

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Articles of Confederation• Original government of the

U.S. after revolutionary war– CONFEDERATION ~

collection of independent states under weak national government

• Did not work– Not enough central power– No ability to tax– No central military

• Constitutional Convention redesigned the articles into the current constitution.

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Split Ticket VotingSplit Ticket Voting The act of voting for candidates The act of voting for candidates

from more than one political party from more than one political party in the same election.in the same election.

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Types of ElectionsTypes of Elections Critical-Critical- A pair (or longer series) of elections A pair (or longer series) of elections

in which political alignments change fundamentally. in which political alignments change fundamentally. EX. African Americans switched from Republican to EX. African Americans switched from Republican to Democrat.Democrat.

Deviating- Deviating- Deviating elections are Deviating elections are characterized by temporary issues and factors that characterized by temporary issues and factors that cause those people to vote for the other parties cause those people to vote for the other parties candidatecandidate

Realigning-Realigning- represents a bold departure represents a bold departure from previous patterns of voting.from previous patterns of voting.

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Checks and BalancesChecks and BalancesA system of constitutional government which guards against absolute power by providing for separate executive, judicial, and legislative bodies who share

powers.

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Third Parties and Their Effect on American Politics

• Run for the goals of special interests groups such as a higher minimum wage or old-age pensions.

• Act as spoiler parties because they “steal” votes from the two major parties.

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Necessary and Proper Clause

• Article I, Section8, Clause 18.

• Gives government the powers that can be reasonably inferred from the brief writing of the constitution.

• Also called the “elastic” clause.

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1414thth amendment amendmentRights Guaranteed Privileges and Rights Guaranteed Privileges and

Immunities of Citizenship, Due Process Immunities of Citizenship, Due Process and Equal Protectionand Equal Protection

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Confederal systemConfederal systemA Confederal system of government is one A Confederal system of government is one

that has single states make there own that has single states make there own currency, taxes and set tariffs. currency, taxes and set tariffs.

Until 1865 the United States was a Until 1865 the United States was a confederacy and the states lead them confederacy and the states lead them selves. selves.

States have the right secede from the States have the right secede from the other states.other states.

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MadisonMadison

• James Madison was one of our James Madison was one of our constitutions fathers and was the Principal constitutions fathers and was the Principal author of the document.author of the document.

• Madison was our 4Madison was our 4thth president. president.• He is considered one of the founding He is considered one of the founding

fathers of the United States.fathers of the United States.

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Civil Rights: Constitutionally guaranteed rights and freedoms of Americans

Civil Liberties: Individual rights protected by the Constitution against the powers of the government

Civil Liberties include:

-Freedom of Speech

-Right to Privacy

-Right to marry

-Right to vote

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Straw Polls: a survey of

opinions taken to estimate the strength of opposing candidates or the popularity of a proposed law

Biased Samples:

a polling sample that does not accurately represent the population

Random Samples:

a cross-section of a population that has been polled on a specific issue

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VOTER TURNOUTThe Percentage of eligible citizens who actually take part, or “turn out” in the election process

Millions of American's choose not to vote, for one reason or another-inability to vote-lack of interest-turned off by political campaigns-indecision-not a resident or unregistered

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Writ of mandamusWrit of mandamusA writ of mandamus is used to order a A writ of mandamus is used to order a

public agency or government body into public agency or government body into acting when they have neglected or acting when they have neglected or refused to do so.refused to do so.Examples: Examples:

State agency refusing to release public informationState agency refusing to release public information Judge not permitting reporters into a public trialJudge not permitting reporters into a public trial

http://legal-dictionary.thefreedictionary.com/writ+of+mandamus

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Writ of mandamusWrit of mandamusAlso a famous use of a writ of mandamus Also a famous use of a writ of mandamus

is in the court case of is in the court case of Marby v MadisonMarby v Madison It was used in this case when Marbury was It was used in this case when Marbury was

appointed to the Supreme Court, but his appointed to the Supreme Court, but his commission was not delivered so he filed for a commission was not delivered so he filed for a writ of mandamus to force Madison to deliver writ of mandamus to force Madison to deliver said documents. Thus sparking the case.said documents. Thus sparking the case.

Book

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Regents of the University of Regents of the University of California v BakkeCalifornia v Bakke

Alan Bakke, a white man, applied for the Alan Bakke, a white man, applied for the University of California and was rejected, University of California and was rejected, twice.twice.

The school reserved 16 spots for ever 100 The school reserved 16 spots for ever 100 applicants for “minorities”, part of the applicants for “minorities”, part of the schools affirmative action plan.schools affirmative action plan.

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Regents of the University of Regents of the University of California v BakkeCalifornia v Bakke

At the time of Bakkes applications, his test At the time of Bakkes applications, his test scores were much higher than the 16 scores were much higher than the 16 spots for minorities.spots for minorities.

Regardless, he was still rejected. He then Regardless, he was still rejected. He then took the issue to the courts, finally ending took the issue to the courts, finally ending up in the Supreme court.up in the Supreme court.

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Regents of the University of Regents of the University of California v BakkeCalifornia v Bakke

In the end the Supreme Court ordered the In the end the Supreme Court ordered the school to admit Bakke, saying that any school to admit Bakke, saying that any racial quota system that was supported by racial quota system that was supported by the government goes against the Civil the government goes against the Civil Rights Act of 1964- racial segregation.Rights Act of 1964- racial segregation.

http://www.oyez.org/cases/1970-1979/1977/1977_76_811/

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A federal system is a form of government which provides a separation of powers

between a central government and regional governments where a written document

remains superior to both governments, for the United states it is the federal government

and the fifty states, where the Constitution remains superior.

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To add an Amendment: 1. May be introduced by

a two-thirds vote in both the Senate and House of Representatives

2. Two-thirds of the state legislatures request Congress to call a national amendment convention which proposes amendments to the states.

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1.Three fourths of the state legislatures vote in favor of the ratification

2.States hold special conventions to ratify the amendment, if three fourths votes yes, it becomes an amendment.

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Congressional legislation: using pre-existing clauses to make laws such as the “commerce clause”Presidential actions- decisions made by the president which become the norm.Judicial Review and Interpretation: how the Supreme Court rules on a decision and interprets the law.

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Civil Rights Laws:Constitutionally guaranteed rights and freedoms of Americans .

Freedom of Speech, privacy, protection, and the right of no governmental discrimination.

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US CONSTITUTION

• A framework of government but also an act of creating or constituting 13 colonies into a new single country

• Strict and loose construction (interpretation)

• Constitutional convention-threw out the Articles and built this new framework of government.

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Boycotts, freedom marches civil disobedience

Primary tools of the civil rights movement in the U.S.

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1st amendment rights

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Interest GroupsAn organization of people with shared ideas and attitudes who attempt to influence public policy

Interest Groups:

-Greenpeace USA

-Human Rights Campaign

-The Interfaith Alliance

-National Organization for Women

-National Rifle Association

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CommunistOn the political spectrum,

communist is as left as you can get

Karl Marx, the founder of modern day Communism

A system of government where the state plans and controls the economy and a single party holds power, working towards a higher social order in which all goods are equally shared by the people.

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Federalism

• Government that Separates state and federal powers.

•Powers to govern are shared between national and central government.

- Collect taxes

- Declare War

- Regulate Interstate commerce

Anything not expressed for the

federal government in the constitution

-Levy taxes

- to borrow money