US Government and Civics: Principles, Constitution, and Rights

Posted on Dec 18, 2024 in Law & Jurisprudence

Chapter 1: Foundations of Government

Types of Citizenship

  • Public-Interested: Prioritizes public welfare (e.g., voting for societal benefits).
  • Self-Interested: Maximizes personal gain (e.g., supporting self-beneficial tax cuts).

Politics vs. Government

  • Government: Organizes and allocates authority.
  • Politics: Gains and exercises control within government.

Types of Governments

  • Authoritarian: Centralized power; people are “subjects” (e.g., North Korea).
  • Non-Authoritarian: Citizen-driven; many freedoms (e.g., Democracies).
  • Oligarchy: Rule by elites.
  • Monarchy: Rule by a king/queen (absolute or constitutional).

Democracy

  • Direct Democracy: Citizens vote directly on laws (e.g., Ancient Athens).
  • Representative Democracy: Citizens elect representatives to make decisions (e.g., U.S.).

Economic Systems

  • Capitalism: Market-driven economy.
  • Socialism: Government-controlled production.
  • Democratic Socialism: Mix of socialism and democracy (e.g., Scandinavia).
  • Mixed Economy: Combines capitalism with socialist policies.

Theories of Government

  • Elite Theory: Power held by a small, wealthy elite.
  • Pluralist Theory: Power distributed among competing groups.
  • Trade-off Theory: Government policy is shaped by compromises.

Civic Engagement

  • Examples: Voting, rallies, petitions, community service.
  • Factors Affecting Engagement: Age, partisanship.
  • Latent Preferences: Weakly held; changeable.
  • Intense Preferences: Deeply held; unchangeable.

Chapters 2 & 3: The Constitution and Federalism

Foundational Ideas

  • Divine Right: Monarch’s authority comes from God.
  • Locke: Rights to life, liberty, and property; rebellion justified if rights are violated.
  • Hobbes: Absolute authority to prevent chaos.

Key Documents

  • Declaration of Independence: Asserted independence; emphasized inalienable rights.
  • Articles of Confederation: Weak first government; no taxation power, no executive.

Shay’s Rebellion

  • Exposed the Articles’ weaknesses; led to the Constitutional Convention.

Major Compromises

  1. Federalism: Division of power between state and federal governments.
  2. Great Compromise: Bicameral Congress—House (population-based) and Senate (equal).
  3. 3/5 Compromise: Slaves counted as 3/5 for representation.

Federalists vs. Anti-Federalists

  • Federalists: Supported a strong central government.
  • Anti-Federalists: Favored state sovereignty, demanded a Bill of Rights.

Madison’s Federalist Papers

  • Federalist 10: Factions controlled by a large republic.
  • Federalist 51: Checks and balances prevent tyranny.

Separation of Powers vs. Checks and Balances

  • Separation of Powers: Divides government functions (legislative, executive, judicial).
  • Checks and Balances: Each branch limits the others.

Federalism

  • Definition: Dual sovereignty between federal and state governments.
  • Concurrent Powers: Shared powers (e.g., taxation, law enforcement).
  • Supremacy Clause: Federal law overrides state law.
  • Commerce Clause: Regulates interstate commerce; expanded in Wickard v. Filburn.

Types of Federalism

  • Dual Federalism: Clear division of roles (Layer Cake).
  • Cooperative Federalism: Mixed roles, often contentious (Marble Cake).

Grants and Mandates

  • Categorical Grants: Specific uses (preferred by federal).
  • Block Grants: Flexible uses (preferred by states).
  • Mandates: Orders to states; may be funded or unfunded.

Chapters 4 & 5: Civil Liberties and Rights

Civil Liberties vs. Civil Rights

  • Civil Liberties: Protect individuals (e.g., free speech).
  • Civil Rights: Protect groups (e.g., voting rights).

Bill of Rights

  • Added in 1791; restricts the federal government.
  • Selective Incorporation: Applies parts of the Bill of Rights to states via the 14th Amendment.

Key Rights

  • Speech Tests:
    • Clear and Present Danger: Speech cannot incite harm.
    • Imminent Lawless Action: Speech linked to illegal action.
    • Miller Test: Defines obscenity.
  • Establishment Clause: No official religion.
  • Free Exercise Clause: Protects religious practices.

Judicial Review

  • Established in Marbury v. Madison; courts interpret the Constitution.

Plessy v. Ferguson vs. Brown v. Board

  • Plessy: Legalized segregation (“separate but equal”).
  • Brown: Overturned Plessy; ended segregation.

Civil Rights Acts

  • 1964: Ended segregation.
  • 1965: Protected voting rights.

De Jure vs. De Facto Discrimination

  • De Jure: Legalized (e.g., Jim Crow laws).
  • De Facto: Societal (e.g., housing patterns).

Women’s Rights

  • 19th Amendment: Gave women the right to vote (1920).
  • Equal Rights Amendment: Proposed but not ratified.

Key Cases

  • Obergefell v. Hodges: Legalized same-sex marriage.
  • Korematsu v. United States: Upheld WWII Japanese internment.