US Constitution

1
US Constitution

• For My 2005-2006 BC History Classes

2
Everyone is entitled to their own opinions but
not their own facts. Sen. Daniel Moynihan A
democratic education should educate all the
people to rule. Joseph Featherstone
Democratic societies tend to become more
concerned with what people believe than with what
is true, to become more concerned with
credibility than with truth. Daniel Boorstin
"I do not adhere to any ideology, doctrine or
ready-made world view defined by someone else. .
. I am simply on the side of truth against lies,
on the side of meaning against nonsense, on the
side of justice against injustice, and on the
side of order against disorder. . ." Vaclav Havel
3
"The real ground of the difference between
oligarchy and democracy is poverty and riches.
It is inevitable that any constitution should be
an oligarchy if the rulers under it are rulers by
virtue of riches. . ." Aristotle When I use a
word it means what I want it to mean and nothing
else." Humpty Dumpty Boiled frog
syndrome Historian David Potter People of
Plenty Charles and Mary Beard 1903, An Economic
History of the United States Alexis de
Tocqueville, Democracy in America Michael Kammen,
People of Plenty Adam Smith, Wealth of Nations
4
How Democratic Is the USby Howard Zinn

• I propose a set of criteria for the description
  "democratic" which goes beyond formal political
  institutions, to the quality of life in the
  society (economic, social, psychological), beyond
  majority rule to a concern for minorities, and
  beyond national boundaries to a global view of
  what is meant by "the people," in that rough, but
  essential correct view of democracy as
  "government of, by, and for the people." Let me
  list these criteria quickly, because I will go on
  to discuss them in some detail later
• 1. To what extent can various people in the
  society participate in those decisions which
  affect their lives decisions in the political
  process and decisions in the economic structure?
• 2. As a corollary of the above do people have
  equal access to the information which they need
  to make important decisions?
• 3. Are the members of the society equally
  protected on matters of life and death - in the
  most literal sense of that phrase?
• 4. Is there equality before the law police,
  courts, the judicial process - as well as
  equality with the law enforcing institutions, so
  as to safeguard equally everyone's person, and
  his freedom from interference by others, and by
  the government?

5
5. Is there equality in the distribution of
available resources those economic goods
necessary for health, life, recreation, leisure,
growth? 6. Is there equal access to education, to
knowledge and training, so as to enable persons
in the society to live their lives as fully as
possible, to enlarge their range of
possibilities? 7. Is there freedom of expression
on all matters, and equally for all to
communicate with other members of the
society? 8. Is there freedom for individuality in
private life, in sexual relations, family
relations, the right of privacy? 9. To minimize
regulation do education and the culture in
general foster a spirit of cooperation and amity
to sustain the above conditions? 10. As a final
safety feature is there opportunity to protest,
to disobey the laws, when the foregoing
objectives are being lost - as a way of
restoring them?
6
Political Theory
Anarchism Capitalism Communism Communitarianism Conservatism Democratic socialism Equality of opportunity and outcome David Hackett Fischer's 4 waves Freedom of . . . freedom from Globalism Government Thomas Hobbes's Leviathan Laissez faire Liberalism Libertarianism
7

• John Locke's natural rights - life, liberty,
  property
• Karl Marx - community property, equality,
  social not material motives
• Order
• Paradigm, cosmology
• Police power
• Political equality
• Public goods v. private goods
• Adam Smith's hidden hand, Wealth of Nations
• Social equality
• Socialism
• Totalitarianism
• World Trade Organization, WTO former GATT,
  globalism

8
Constitutionalism

• Autocracy
• C. Wright Mills The Power Elite
• Charles Beard An Economic Interpretation of the
  Constitution
• Constitutional democracy
• Cuba's contract with workers
• Deliberative democracy
• Democracy
• Democratization
• Elite model of democracy
• England's unwritten constitution
• Incorporation of Bill of Rights link to 14th
  Amendment
• Interest group
• Iron triangle
• Majoritarian model of democracy
• Majority rule
• Michael Parenti elite theorist, media bias
• Minority rights

9

• Nicaragua's constitution
• Noam Chomsky elite theorist, concision/marginali
  zation
• Noam Chomsky - crisis of democracy, threat of
  good example
• Oligarchy
• Participatory democracy
• Pluralist model of democracy Robert Dahl
• Political equality
• Procedural democratic theory substantive due
  process
• Representative democracy
• Responsiveness
• Substantive democratic theory
• Universal participation

10
US Constitution

• Articles of Confederation
• Benjamin Franklin
• Bill of Rights incorporation
• Charles Beard - An Economic Interpretation of the
  Constitution
• Checks and balances
• Confederation
• Daniel Shays' Rebellion
• Declaration of Independence
• Enumerated powers
• Executive branch
• Extraordinary majorities
• Federalists and Anti-Federalists
• Federalist Papers Madison, Hamilton, Jay
• Federalism
• "Full faith and credit" clause
• George Washington

11

• Great Compromise
• Implied powers
• John Locke's "consent of the governed"
• Judicial branch
• Judicial review, Marbury case
• Legislative branch
• "Necessary and proper" clause
• New Jersey Plan and Virginia Plan
• Preamble
• Republic
• Republicanism
• Second Continental Congress
• Separation of powers
• Social contract theory
• Supremacy clause / Tenth Amendment
• Thomas Paine, Common Sense

12
Federalism

• Alien and Sedition Acts
• Block grant
• Categorical grant
• Commerce clause
• Confederal, unitary and federal systems
• Cooperative federalism
• County government
• Dual federalism
• Elastic clause
• Extradition
• Federalism
• Formula grant
• Fourteenth Amendment, nationalization/incorporatio
  n

13

• Fourteenth Ameridment, "due process" "equal
  protection"
• Grant-in-aid
• Home rule
• Implied powers
• "Interstate v. intrastate commerce"
• John C. Calhoun, John Marshall, Dwight
  Eisenhower, LBJ, FDR, Reagan,
• KERN COG
• Mandate
• Marbury v. Madison, 1803
• McCullough v. Maryland, 1819
• Missouri Compromise, 1820
• Municipal government
• Nullification interposition
• Preemption
• Project grant
• Restraint
• School district
• Special district
• States rights, original intent

14
Media

• Attentive policy elites
• Equal opportunities rule
• Federal Communications Commission
• Gatekeepers
• Group media
• Horse race journalism
• Infotainment
• Mass media
• Media event
• Newsworthiness
• Political agenda
• Reasonable access rule
• Brian Lamb's C-SPAN
• William Randolph Hearst's "yellow journalism"
• Prior restraint -- Pentagon Papers case, Manuel
  Noriega of Panama

15

• Media bias -- role of advertisers/profit motive
• Fairness doctrine -- present contrasting views,
  notification of negative statements
• Equal time rule -- candidate can purchase "equal
  time" near the end of the campaign
• Off the record, background, deep background --
  press concepts for revealing source

16
Political Participation

• July, 1969 Fraternal Hall in Bakersfield,
  California
• 1969 BC's professor Duane Belcher --
  desegregation plan for the BCSD
• 1974 Health, Education and Education HEW
  hearings find BCSD guilty of de jure segregation
• 1970s Kern Council for Civic Unity KCCU
  agreements with local TV stations
• 1978 Kern High School District KHSD draws new
  boundaries
• Bowling alone

17

• Class action suit
• Conventional participation
• Direct action
• Direct primary
• Franchise
• Influencing behaviors
• Initiative
• Political participation
• Progressivism
• Recall
• Referendum
• Standard socioeconomic model
• Suffrage
• Supportive behaviors
• Unconventional participation
• Proposition
• Proportional representation v. single member
  district
• "Winner takes all"
• Motor-voter registration

18
Political Parties

• Caucus
• Congressional campaign committee
• Critical election
• Electoral College
• Electoral dealignment // Electoral realignment
• Majority representation
• Ralph Nader and the Green Party in 2000
  presidential election
• National committee
• National convention
• Nomination
• Party conference
• Party identification
• Party machine
• Party platform
• Political party
• Political system

19

• Responsible party govt
• Ross Perot's Reform Party in 1992 and 1996
• Single Party system
• Third Parties
• Two-party system
• Weak party system
• Closed primary
• Election campaign
• Federal Election Commission
• General election
• Open election
• Open primary
• Presidential primary
• Primary election
• Split ticket voting
• Straight ticket
• Presidential elections 1800/1824, 1860, 1876,
  1896, 1932, 1960, 1968, 1980, 1992, 2000

20
Political Action Committees

• Agenda building
• Coalition building
• COPE
• Direct lobbying
• Free-rider problem
• Grassroots lobbying
• Information campaign
• Interest group
• Lobby
• Lobbyist
• Membership bias
• Political action committee PAC
• Program monitoring

21

• Public interest group
• Ralph Nader
• Trade association
• Iron triangles
• Muckrakers
• Examples of single issue interest groups
• Targeted mailers
• "Capture" theory
• Disclosure
• Deregulation

22
Legislative Branch

• Casework
• Cloture
• Conference committee
• Constituents
• Delegate
• Descriptive representation
• Filibuster
• Gerrymandering
• Impeachment
• Incumbent
• Joint committee
• Line item veto
• Majority leader
• Oversight
• Parliamentary system
• Pocket veto

23

• Racial gerrymandering
• Reapportionment
• Select committee
• Seniority
• Speaker of the House
• Standing committee
• Trustee v. Politico
• Veto

24
Executive Branch

• Cabinet
• Delegation of powers
• Divided government
• Executive Office of the President
• Gridlock
• Inherent powers
• Legislative liaison staff
• Mandate
• Veto
• The New Deal, 1930s
• The Cold War, 1947 - 1989
• Containment strategy of George Kennan
• Truman Doctrine, Marshall Plan

25

• Nixon and Kissinger, detente
• War Powers Act of 1974
• Iran-Contra, 1980s
• Laissez faire, Keynesian, Monetarism
• Balance of power -- collective security

26
Bureaucracy

• Administrative discretion
• Bureaucracy Bureaucrat
• Civil service
• Department
• Deregulation
• Government corporation
• Incrementalism
• Independent agency
• Norms
• Regulation
• Regulatory commission
• Rule making
• Total quality management

27
Judicial Branch

• Amicus curiae brief
• Appellate jurisdiction
• Argument
• Civil case
• Class action
• Common judge-made law
• Concurrence
• Criminal case
• Dissent
• Docket
• Federal question
• Judgment

28

• Judicial activism
• Judicial restraint
• Judicial review
• Original jurisdiction
• Plea bargain
• Precedent
• Rule of four
• Senatorial courtesy
• Solicitor general
• US courts of appeals
• US district courts

29
Rights and Liberties

• Civil liberties / Civil rights
• Establishment clause / Free-exercise clause
• Strict scrutiny
• Prior restraint
• Free-expression clauses
• Clear and present danger test / Fighting words
• Public figures
• Bill of attainder
• Ex post facto law
• Obligation of contracts
• Miranda warning
• Exclusionary rule
• Good faith exception
• Lemon v. Kurtzman
• Tinker v. Des Moines Indepent County School
  District
• Miller v. California
• New York Times v. Sullivan
• Gideon v. Wainwright
• Griswold v. Connecticut

30
Civil Rights and Liberties

• Affirmative action v. quotas
• Black codes
• Boycott
• Civil disobedience
• Civil Rights movement
• De facto segregation
• De jure segregation
• Desegregation v. integration
• Equal Rights Amendment
• Equality of opportunity // Equality of outcome
• Nineteenth Amendment
• Poll tax
• Protectionism
• Racial segregation
• Racism
• Separate-but-equal doctrine
• Sexism

31
Economy

• Agenda setting
• Council of Economic Advisors
• Deficit financing
• Entitlements
• Federal Reserve System
• Feedback
• Feminization of poverty
• Fiscal policies v. Monetary policies
• Food stamp program
• Implementation
• Incremental budgeting
• Issue network
• Keynesian theory
• Medicare
• Monetarists

32

• Policy evaluation
• Policy formulation
• Poverty level
• Progressive taxation
• Public assistance
• Public policy
• Social insurance
• Social security
• Social Security Act
• Social welfare programs
• Supply-side economics
• Temporary Assistance for Needy Families Act
• Uncontrollable outlay
• Welfare state