David Underhill

Government 1^st 6 Weeks Study Guide

I. Key Thinkers (People)

A. Hobbes – protect man from man; only law defines right or wrong

B. Locke – man’s self-interest is to protect the rights of others to ensure his own

C. Jefferson – man is created by God with a moral sense

D. Madison

· Federalist #12 – danger of factions

· Federalist #39 – need for national and state levels of governemnt as another protection

· Federalist #51 – seperation of powers essential to the preservation of liberty

E. Wilson – power seperation results in a slow, ineffecient government … a “moral sense” will keep leaders in check

F. Dahl – political and unpolitical stratum haves imilar beliefs (otherwise the unpolitical would change and become political)

G. Posner – civil liberty vs. security

H. Kluger – convinced Sup Crt to unanimously overturn Plessy

I. Cose – black rage, stereotypes

J. Campbell, Davidson – gay rights

II. Early American Government (Forms)

A. Articles of Confederation – the compact among the thirteen original states that was the basis of their government. Written in 1776, the Articles were not ratified by all the states until 1781 (Ch2, p42).

· Problem: No power to tax which severely limited its power; very weak national government

B. The Plans

1. Virginia Plan (Ch2, p45) – the first general plan for the Constitution, proposed by James Madison. Its key points were a bicameral legislature and a judiciary and executive chosen by the legislature

2. New Jersey Plan (Ch2, p47) – a framework for the Constitution proposed by a group of small states; its key points were a one-house legislature with one vote for each state, a multiperson “executive,” the establishment of the acts of Congress as the “supreme law” o f the land, and a supreme judiciary with limited power.

C. Constitution

· Articles

1) Legislative branch

2) Executive branch

3) Judicial branch

4) States

5) Amendment process

6) Legal status of Constitution

7) Ratification

· Amendments (ones specifically defined by book are in bold)

1) Religion, Speech, Press, Assembly, Petition

2) right to bear arms

3) no quartering troops

4) search and seizure

5) grand jury, double jeopardy, self-indictment

6) jury, right to counsel (criminal cases)

7) jury trial for common lawsuits

8) excessive bail or fines, cruel punishment

9) people’s rights not restricted to those enumerated

10) states rights

11) suits against states

12) election of president

13) bans slavery

14) privledges, immunities, due process

15) enfranchised newly freed male slaves

16) national income tax

17) direct election of senators

18) prohibition

19) women’s right to vote

20) presidential term

21) prohibition repealed

22) two term limit for President

23) Presidential vote in DC

24) Poll tax

25) Presidential succession

26) 18 year olds to vote

27) Congressman compensation

· Clauses

1) Due Process – guarantees to individuals rights (economic liberty, criminal procedural rights, etc)

2) Establishment – prohibits government from establishing a national religion

3) Free Exercise – prohibits the government from interfering with a citizen’s right to practice religion

4) Full Faith and Credit – requiring the reciprocal acknowledgement of each state's actions by the other states

5) Neccessary and Proper or Elastic – gives Congress authority to pass all laws “necessary and proper” to carry out their enumerated powers

6) Supremacy – national law is supreme

III. Supreme Court cases

1. McCulloch v. Maryland (1819) –upheld national government power and denied the right of a state to tax the bank Paved the way for later rulings upholding expansive federal powers.

2. Gibbons v. Ogden in (1824) – upheld broad congressional power over interstate commerce

3. Dredd Scott v. Sanford (1857) – ruled slavery was a state issue

4. Plessy v. Ferguson in (1896) – Plessy challenged statute requiring railroads to provide separate accommodations for blacks and whites. Court rules “separate but equal” is consitutional.

5. Brown v. Board of Education (1954) –school segregation is unconstitutional; end of legal segregation

6. Gideon v. Wainwright (1963) – all defendants to be appointed a lawyer

7. New York Times Co. v. Sullivan (1964) – “actual malice” must be proved to support a finding of libel

8. Miranda v. Arizona (1966) – held the 5^th requires those arrested must be advised of their right to remain silent, etc

9. Roe v. Wade (1973) – found abortion to be protected by the right to privacy

10. Wong v. US – consitution applies to non-citizens too

IV. Expansion of Federalism

A. Judicial Federalism – ?

V. Civil Liberties and Rights

A. Liberties – inherent, god-given rights to all people

· Note: Liberty was associated with proprety for the founding fathers

B. Rights – government given rights to protect people from each other