1: Political Thinking and Political Culture Becoming a Responsible Citizen ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Learning to Think Politically • Political thinking: critical thinking focused on deciding what can reasonably be believed, and then using this information to make political judgments – Involves the careful gathering and sifting of information to form a knowledgeable view about a political issue – Important for responsible citizenship ©McGraw-Hill Education. Obstacles to Political Thinking • Main barrier: unwillingness of citizens to make the effort to self-inform • Changes in media consumption have meant more people consume biased cable television and Internet blogs • “Spin” is added by political leaders and government entities • Research shows faulty perceptions are becoming more prevalent ©McGraw-Hill Education. What Political Science Can Contribute to Political Thinking • Political science: the systematic study of government and politics – A descriptive and analytical discipline that can increase one’s ability to think politically • Analytical tools: – Reliable information about how the system operates – Systemic generalizations about major tendencies in American politics – Terms and concepts that precisely describe key aspects ©McGraw-Hill Education. Political Culture: Americans’ Enduring Beliefs • Political culture: the widely shared and deep-seated beliefs of a country’s people about politics – Derived from a country’s traditions – Defines the relationship between citizens and government • Americans’ core ideals are rooted in the European heritage of the first white settlers ©McGraw-Hill Education. A Nation of Immigrants Migrants make up a larger percentage of the population in the United States than they do in nearly every other country. ©McGraw-Hill Education. Source: Organization for Economic Cooperation and Development (OECD), 2016. Core Values: Liberty, Individualism, Equality, and Self-Government • Liberty: the principle that individuals should be free to act as they choose, provided they do not infringe unreasonably upon others – Unsettled land fostered freedom through migration – Many fled Europe to escape religious persecution ©McGraw-Hill Education. Core Values: Liberty, Individualism, Equality, and Self-Government (2) • Individualism: a commitment to personal initiative and self-sufficiency – Fostered by the unprecedented economic opportunities of the New World for those willing to work hard enough – Tocqueville: Americans’ chief aim is to “remain their own masters” ©McGraw-Hill Education. Core Values: Liberty, Individualism, Equality, and Self-Government (3) • Equality: the notion that all individuals are equal in their moral worth and thereby entitled to equal treatment under the law – Perplexing ideal in the early years of the nation, when some were free while others were enslaved – Differing opinions on the meaning of equality persist ©McGraw-Hill Education. Core Values: Liberty, Individualism, Equality, and Self-Government (4) • Self-government: the principle that the people are the ultimate source of governing authority and should have a voice in their governing – American colonials had substantial self-determination – Vision of a self-governing nation with “powers from the consent of the governed” ©McGraw-Hill Education. The Limits and Power of Americans’ Ideals • Americans’ cultural beliefs are idealistic • Failures to meet these high ideals: – Slavery – Post-slavery “Jim Crow” era – Racial immigration and property restrictions ©McGraw-Hill Education. The Limits and Power of Americans’ Ideals (2) • Equality has never been an American birthright – Slavery – Racial immigration restrictions – Limited voting rights • Continuing struggle to build a more equal society – Civil rights movements • Abolition and suffrage • Equal treatment for minorities, including the LGBTQ community – Public education – Higher education ©McGraw-Hill Education. A College Education Reflecting their belief in individualism and equality, Americans have developed the world’s largest college system—roughly 4,000 institutions. ©McGraw-Hill Education. Social Welfare Policy Americans’ cultural commitment to individualism leads a majority to rate the “freedom to pursue life’s goals” as more important than making sure that “nobody is in need.” ©McGraw-Hill Education. Source: Pew Research Center Global Attitudes & Trends survey, 2011. Politics and Power in America • Politics: the means by which society settles its conflicts and allocates the resulting benefits and costs • Power: the ability of persons, groups, or institutions to influence political developments • Authoritarian and totalitarian governments: nondemocratic, repressive regime types ©McGraw-Hill Education. A Democratic System • Democracy: a system in which the people govern, by direct or representative means – In practice, it has come to mean majority rule through the free and open election of representatives • Majoritarianism: the majority effectively determines what government does ©McGraw-Hill Education. A Democratic System (2) • Pluralism: the preferences of special interests largely determine what government does • Authority: the recognized right of officials to exercise power • In contrast, authoritarian governments repress opposition through intimidation, restriction of rights, and even imprisonment and physical abuse ©McGraw-Hill Education. A Constitutional System • Writers of the U.S. Constitution devised an elaborate system of checks and balances; and a Bill of Rights was added • Constitutionalism: the idea that there are lawful restrictions on government’s power – Restraints on the power of the majority • Legal action: the use of the courts as a means of asserting rights and interests – Channel through which ordinary citizens can exercise power ©McGraw-Hill Education. A Free-Market System • Free-market system: a system that operates mainly on private transactions – Some government intervention through regulatory, taxing, and spending policies • Tax rates are much lower in the U.S. than in European countries • Corporate power: the influence business firms have on public policy • Elitism: the power exercised by well-positioned and highly influential individuals ©McGraw-Hill Education. Table 1-1 Governing Systems and Political Power System Description and Implications Democratic A system of majority rule through elections; empowers majorities (majoritarianism), groups (pluralism), and officials (authority) Constitutional A system based on rule of law, including legal protections for individuals; empowers individuals by enabling them to claim their rights in court (legal action) Free market An economic system that centers on the transactions between private parties; empowers business firms (corporate power) and the wealthy (elitism) ©McGraw-Hill Education. Who Governs? • Defining characteristic of American politics is the widespread sharing of power • Women and minorities were initially excluded; but their power has steadily grown over time ©McGraw-Hill Education. The Text’s Organization • Constitutional system • Political role of citizens and intermediaries • Governing officials, elective institutions, and their appointive bodies • Focus on public policies throughout the book • Focus on the difficulty of governing effectively, and how important it is to try ©McGraw-Hill Education. Critical Thinking • Distinguish between political power (generally) and authority (as a special kind of political power). • Contrast the American political culture with that of most Western democracies. What in the American experience has led its people to derive their national identity from a set of shared political ideals? • Explain the types of power that result from each of America’s major systems of governing—democracy, constitutionalism, and a free market. ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. 2: Constitutional Democracy Promoting Liberty and Self-Government ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Before the Constitution: The Colonial and Revolutionary Experiences • Americans’ British heritage – Colonial experiences with democratic institutions: English Parliament and colonial charters – “Rights of Englishmen,” including trial by jury • Repeal of the Stamp Act, a tax on colonial newspapers and business documents • Enactment of the Townshend Act, which included a tax on tea • First Continental Congress met in 1774 ©McGraw-Hill Education. The Declaration of Independence • Call to revolution that included the ideas of liberty, equality, individual rights, self-government, and lawful powers • Philosophy of John Locke – Inalienable (natural) rights: life, liberty, and property – Social contract: government has responsibility to preserve rights • Thomas Jefferson paraphrased Locke – “Life, liberty, and the pursuit of happiness”; “All men are created equal”; and governments derive “their just powers from the consent of the governed” ©McGraw-Hill Education. The Articles of Confederation • Adopted during the Revolutionary War – Not a constitution: a fundamental law that defines how a government will legitimately operate • Created a weak national government • Prohibited Congress from interfering in states’ commerce policies • Prohibited Congress from taxation • States retained “sovereignty, freedom, and independence” – Unanimous consent needed to approve amendments ©McGraw-Hill Education. A Nation Dissolving • Weakness of the national government raised fears, especially in the wake of Shays’ Rebellion – Farmers led by Daniel Shays fomented armed rebellion to prevent foreclosures on their land – Congress was unable to raise an army to quell the rebellion • Congress was motivated to authorize a convention in Philadelphia to revise the Articles of Confederation ©McGraw-Hill Education. Negotiating Toward a Constitution • At the constitutional convention in Philadelphia, the delegates ignored the instructions of Congress – Drafted a constitution that created an entirely new form of limited and representative government – Especially, a stronger central government would be put in place ©McGraw-Hill Education. The Great Compromise: A Two-Chamber Congress • Virginia Plan, or large state plan – Representation based on the size of a state’s population – Greater power to larger states • New Jersey Plan, or small state plan – Each state would have one vote – Equal power to large and small states • Great Compromise: a bicameral Congress – House of Representatives: proportional representation – Senate: equal representation ©McGraw-Hill Education. The Three-Fifths Compromise: Issues of Slavery and Trade • Congress agreed not to tax exports, only imports • Congress would be prohibited until 1808 from passing laws to end the slave trade • Three-Fifths Compromise: three-fifths of the enslaved population counted for apportionment of taxes and political representation – Northern delegates were against counting slaves because they didn’t have legal rights – Southern delegates were in favor of counting slaves, as this would afford the South more House seats, thus greater political power ©McGraw-Hill Education. Figure 2-1 African Americans as a Percentage of State Population, 1790 At the time of the writing of the Constitution, African Americans (most of whom were slaves) were concentrated in the southern states. Jump to long image description ©McGraw-Hill Education. Source: U.S. Census Bureau. A Strategy for Ratification • Delegates established their own ratification process – New Constitution would be submitted directly to the states for approval – It would become law if approved by at least nine ©McGraw-Hill Education. The Ratification Debate • Anti-Federalists: those who were against a strong national government – Raised arguments that still echo in American politics – National government would be too powerful – State self-government and personal liberty would be placed at risk • Federalists: proponents of the Constitution – The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, laid out a persuasive case ©McGraw-Hill Education. The Framers’ Goals • Government strong enough to meet the country’s needs • Government that would not threaten the existence of the separate states • Government that would not threaten liberty • Government based on popular consent ©McGraw-Hill Education. Table 2-1 Major Goals of the Framers of the Constitution 1. 2. 3. 4. A government strong enough to meet the nation’s needs—an objective sought through substantial grants of power to the federal government in areas such as defense and commerce (see Chapter 3) A government that would not threaten the existence of the separate states—an objective sought through federalism (see Chapter 3) and through a Congress tied to the states through elections A government that would not threaten liberty—an objective sought through an elaborate system of checks and balances A government based on popular consent—an objective sought through provisions for the direct and indirect election of public officials ©McGraw-Hill Education. Protecting Liberty: Limited Government • Framers sought a national government that could act decisively, but not act irresponsibly • They mistrusted unrestricted majority rule • Liberty was the governing ideal they sought most ©McGraw-Hill Education. Grants and Denials of Power • Grants of power: powers granted to the national government – Limit government by stating specific powers in the Constitution – Total of seventeen powers • Denials of power: powers expressly denied to the national and state governments – Limit government by stating specific prohibitions in the Constitution • Constitution made difficult to amend ©McGraw-Hill Education. Using Power to Offset Power • Montesquieu’s concept of a separation of powers: powers divided among separate branches rather than investing it entirely in a single individual or institution • Madison’s Federalist No. 10 discussed the problem of overbearing majorities • Framers’ special contribution to the doctrine of the separation of powers: separate but overlapping powers ©McGraw-Hill Education. Table 2-2 Constitutional Provisions for Limited Government Mechanism Purpose Grants of power Powers granted to the national government; accordingly, powers not granted it are denied it unless necessary and proper to carry out granted powers. Separated institutions Division of national government’s power among three power-sharing branches, each of which acts as a check on the powers of the other two. Federalism Division of political authority between national government and the states, enabling the people to appeal to one authority if their rights and interests are not respected by the other authority. Denials of power Powers expressly denied to the national and state governments by the Constitution. Bill of Rights First 10 amendments to the Constitution, which specify rights of citizens that the national government must respect. Judicial review Power of courts to declare governmental action null and void when it violates the Constitution. Elections Power of voters to remove officials from office. ©McGraw-Hill Education. Separated Institutions Sharing Power: Checks and Balances • Separated institutions sharing powers: separate branches interlocked in such a way that an elaborate system of checks and balances is created – Shared legislative powers: Congress checked by the president and the Supreme Court – Shared executive powers: president checked by Congress and the Supreme Court – Shared judicial powers: courts checked by the president and Congress ©McGraw-Hill Education. Figure 2-2 Separate Branches Sharing Power The U.S. Constitution separates power among the legislative, executive, and judicial branches but assigns each branch part of the power of the other two branches so that it can act as a check on their power. ©McGraw-Hill Education. Separate Branches Sharing Power (Figure 2-2) The Supreme Court over the president: may declare executive action unlawful because it is not authorized by legislation; (by tradition) may declare presidential action unconstitutional The Supreme Court over Congress: has the power to interpret legal disputes arising under acts of Congress and (by tradition) may declare acts of Congress unconstitutional Congress over the president: may impeach and remove the president; may override presidential veto; may investigate presidential action; must approve treaties and executive appointments; enacts the budget and laws within which presidential action occurs Congress over the Supreme Court: decides the size of the federal court system, the number of Supreme Court justices, and the appellate jurisdiction of the Supreme Court; may impeach and remove federal judges; may rewrite legislation that courts have interpreted and may initiate constitutional amendments; confirms judicial nominees The president over Congress: may veto acts of Congress, recommend legislation, and call Congress into special session; executes, and thereby interprets, laws enacted by Congress The president over the Supreme Court: nominates federal judges; may pardon those convicted in court; executes court decisions and thereby affects their implementation ©McGraw-Hill Education. The Bill of Rights • Bill of Rights: the first ten amendments to the Constitution • Protects the rights of citizens, such as: – – – – Freedom of speech Freedom of assembly Trial by jury of one’s peers, and legal counsel Freedom of religion • Limits the power of government ©McGraw-Hill Education. Judicial Review • Who was to decide whether officials were operating within the limits of their constitutional powers? • Answer established by Chief Justice John Marshall in Marbury v. Madison (1803) • Judicial review: the power of the judiciary to decide whether a government official or institution has acted within the limits of the Constitution and, if not, to declare it null and void ©McGraw-Hill Education. Providing for Representative Government • History of unfettered democracies was not encouraging • Risk was tyranny of the majority: the people acting as an irrational mob that tramples on the rights of the minority • Framers nevertheless believed the people needed a voice in government ©McGraw-Hill Education. Democracy versus Republic • Democracy, to the framers: a government in which the majority has absolute power • Framers preferred the concept of a republic: a government that has limits on its power, where the people have rights guaranteed by a constitution and protected through carefully designed institutions – Majority rule in a republic is limited in order to protect minority rights ©McGraw-Hill Education. Limited Popular Rule • People participate indirectly in the process of government through elected officials • House of Representatives was initially the only institution based on direct popular election – To make government responsive to popular majorities • Senators were to be appointed by the legislatures of their states • Each state would have the same number of electoral votes as members in Congress, and their electors (the Electoral College) would select the president ©McGraw-Hill Education. Table 2-3 Methods of Choosing Federal Officials Office Method of Selection Term of Service President Electoral College 4 years U.S. senator State legislature, changed in 6 years (one-third of senators’ 1913 to popular election terms expire every 2 years) U.S. representative Popular election 2 years Federal judge Nominated by president, approved by Senate Indefinite (subject to “good behavior”) ©McGraw-Hill Education. Altering the Constitution: More Power to the People • Jeffersonian democracy – Government belonged to all, not just the elite • Jacksonian democracy – States urged to give their electoral votes to the winner of the popular vote • The Progressives – Championed primary elections, giving ordinary voters the power to select party nominees – Direct election of senators; referendums and initiatives – Elected officials, as delegates, carry out the wishes of the voters ©McGraw-Hill Education. Direct Democracy: The Initiative and Popular Referendum By gathering enough signatures on a petition, citizens in some states can place legislation of their own choosing on the ballot (the initiative) or place an act of the state legislature on the ballot (the popular referendum). All states have a form of the legislative referendum, but only some states allow the initiative or popular referendum. ©McGraw-Hill Education. Constitutional Democracy Today • Type of government created in 1787 might best be called a constitutional democratic republic – Constitutional in that power gained through elections is to be exercised in accordance with law and with due respect for individual rights – Democratic in that it provides for majority influence via elections – Republic in that it has a mix of deliberative institutions, each of which moderates the power of the others ©McGraw-Hill Education. Constitutional Democracy Today (2) • Today’s model is more a representative government – More frequent elections than any other democracy – Only major democracy to rely heavily on primary elections – Less democratic than some other major democracies because of constitutional barriers • Divided branches • Staggered terms of office • Separate constituencies ©McGraw-Hill Education. Critical Thinking • Define the concept of judicial review. How does a court decision involving judicial review differ from an ordinary court decision, such as a ruling in a case involving armed robbery? • Contrast the original system for electing federal officials with the system of today, noting in each case whether voters have acquired a more direct voice in the election process than was originally the case. ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Critical Thinking (2) • Why is it more accurate to say that the United States has a system of “separated institutions sharing power” rather than a system of “separated powers”? Provide examples of how shared power can act to check and balance the power of each institution. ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Long image descriptions APPENDIX A ©McGraw-Hill Education Figure 2-1 African Americans as a Percentage of State Population, 1790 Appendix • In South Carolina, 43.8% of the population was African American; in Virginia, 40.9%; in Georgia, 36.1%; in North Carolina, 26.9%; in Delaware, 22%; in Maryland, 21.3%. • In comparison, in New York and in New Jersey as well, only 7.6% of the population was African American; in Rhode Island, 5.8%; in Connecticut, 2.5%; in Pennsylvania, 2.3%; in Massachusetts, 1.3%; and in New Hampshire, just 0.7%. Jump back to slide containing original image ©McGraw-Hill Education. 3: Federalism Forging a Nation ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. The Power of the Federal Government Based on surveys conducted between 2009 and 2015, Americans who identify with the Republican Party are far more likely than Democratic identifiers to believe that the federal government has “too much power.” ©McGraw-Hill Education. Source: Gallup polls. Federalism: National and State Sovereignty • Sovereignty: supreme and final governing authority • Systems that apportion governmental power: – Unitary system: the national government is sovereign – Confederacy: the states alone are sovereign – Federalism: sovereignty is shared by the national government and the states ©McGraw-Hill Education. The Argument for Federalism • Problems with a too-weak national government: – Public disorder – Economic chaos – Inadequate defense • New federal system would divide power among two levels: national and state – – – – ©McGraw-Hill Education. Protect liberty Moderate government power through sharing Strengthen the union Promote more responsive government The Powers of the Nation and the States • Enumerated (expressed) powers: power granted to the national government in the Constitution – Seventeen powers, including measures for a secure defense and stable economy – Supremacy clause: national laws were the supreme law of the land • Implied powers: powers of the national government not expressly written but related to those that are listed – “Necessary and proper” clause, or elastic clause: power to make laws in support of enumerated (expressed) powers ©McGraw-Hill Education. The Powers of the Nation and the States (2) • Reserved powers: the states’ powers under the Constitution – Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States” • Nationalization: the gradual shift in power from the states to the national government ©McGraw-Hill Education. National powers Concurrent powers State powers National defense Currency Post office Foreign affairs Interstate commerce Lend and borrow money Taxation Law enforcement Charter banks Transportation Charter local governments Education Public safety Registration and voting Intrastate commerce Figure 3-1 Federalism as a Governing System: Examples of National, State, and Concurrent Powers The American federal system divides sovereignty between a national government and the state governments. Each is constitutionally protected in its existence and authority, although their powers overlap somewhat even in areas granted to one level (for example, the federal government has a role in education policy). ©McGraw-Hill Education. Federalism in Historical Perspective • Ambiguities in the Constitution have contributed to conflict between nation and states – Interstate and intrastate commerce • Federalism has progressed through three historical eras that each ended with a national government stronger than before ©McGraw-Hill Education. An Indestructible Union (1789–1865) • Nationalist view: McCulloch v. Maryland (1819), a clear ruling in favor of national power and the supremacy clause • States’ rights view: the Dred Scott decision (1857), a ruling for states’ rights in conflict over the legality of slavery • Civil War settled the issue in favor of national authority ©McGraw-Hill Education. Dual Federalism and Laissez-Faire Capitalism (1865–1937) • Dual federalism: the separation of national and state authority was both possible and desirable • Over time, the Fourteenth Amendment was interpreted to give the states discretion • Supreme Court also limited the national power to regulate business and industry • National authority ultimately prevailed as the Supreme Court approved Franklin Roosevelt’s New Deal economic and social programs ©McGraw-Hill Education. Contemporary Federalism (Since 1937) • Dual federalism is no longer an accurate description • Larger trend: a long-term expansion of national authority – National government now operates in many policy areas once within the control of states and localities • More recent development: devolution, the attempt to “pass down” authority to the state and local levels in selected areas ©McGraw-Hill Education. Interdependency and Intergovernmental Relations • Cooperative federalism: shared policy responsibilities – National, state, and local levels work together – Joint funding, administration, and determination of programs – Example: Medicaid ©McGraw-Hill Education. Government Revenues and Intergovernmental Relations • Fiscal federalism: federal funds are used for state programs • Grants-in-aid: cash payments to states and localities • Categorical grants: federal funds restricted to certain state programs • Block grants: federal funds for state programs addressed to a general concern ©McGraw-Hill Education. Figure 3-2 Federal, State and Local Shares of Government Tax Revenue The federal government raises as much tax revenues as do all state and local governments combined. ©McGraw-Hill Education. Source: U.S. Department of Commerce, 2016. Figure 3-3 Federal Grants to State and Local Governments Federal aid to states and localities has increased dramatically since the 1950s—from less than 50 billion dollars in 1955 to close to 225 billion in 1880. Aid then declined somewhat, but has been on the rise since the 1990s. Note: Figures are based on constant (2005) dollars to control for effects of inflation. Figure for each year is the average per year for previous five years. Figure for 2020 is based on OMB estimates. ©McGraw-Hill Education. Source: Office of Management and Budget (OMB), FY2017. Federal Grants-in-Aid to the States Federal assistance accounts for a significant share of general state revenue. Note: Not included here is restricted revenue, which is revenue that is designated for a specific purpose, such as property tax designated for use in funding local schools. Jump to long image description ©McGraw-Hill Education. Source: U.S. Census Bureau, 2016. Devolution • Devolution: the idea that American federalism can be strengthened by a partial shift of power from the national government to the states – Belief held more strongly by Republicans than Democrats – Dramatically increased after the Republican victories of 1994 • Supreme Court has advanced devolution, especially in the latter decades of the twentieth century • Movement waned with the attacks of 9/11 and creation of the Department of Homeland Security; and with the passage of health care reform in 2010 ©McGraw-Hill Education. The Public’s Influence: Setting the Boundaries of Federal–State Power • Major changes in federalism have been driven by a shift in public support to one level of government or the other – Roosevelt’s “New Deal”—jobs during the Great Depression – Lyndon Johnson’s “Great Society”—increased social services in the 1960s – Republican Revolution—rolled back federal authority in the 1990s ©McGraw-Hill Education. Critical Thinking • Distinguish between a federal system, a unitary system, and a confederacy. What circumstances led the framers of the Constitution to create a federal system? • Contrast dual federalism and cooperative federalism. Is the distinction between a layer cake and a marble cake useful in explaining the difference between dual federalism and cooperative federalism? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Critical Thinking (2) • How have the federal government’s superior taxing policy and the economic interdependency of the American states contributed over time to a larger policy role for the national government? What role have federal grants-in-aid played in the expansion of federal authority? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Long image descriptions APPENDIX A ©McGraw-Hill Education Federal Grants-in-Aid to the States Appendix • States in which federal grants-in-aid account for 35% or more of state revenue include Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Mexico, Oklahoma, Oregon, South Dakota, Tennessee, and Wyoming. • States in which federal grants-in-aid account for 30–34.9% of state revenue include Arkansas, Florida, Idaho, Indiana, Iowa, Maryland, Michigan, Nebraska, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Vermont, and West Virginia. • States in which federal grants-in-aid account for 30% or less of state revenue include Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, North Dakota, Virginia, Washington, and Wisconsin. Jump back to slide containing original image ©McGraw-Hill Education. 4: Civil Liberties Protecting Individual Rights ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Civil Liberties According to Freedom House, an independent organization that tracks civil liberties, the United States is among the “most free” nations. Freedom House bases its rankings on four areas: free expression, organizational rights, rule of law, and personal autonomy. ©McGraw-Hill Education. The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation • Civil liberties: specific individual rights, such as the right to a fair trial, that are constitutionally protected against infringement by government • Bill of Rights: the ten amendments that list the rights the federal government must protect • Fourteenth Amendment’s due process clause prevents the states from abridging individual rights – Supreme Court engaged in selective incorporation— invoking the Fourteenth Amendment to apply the Bill of Rights to the states ©McGraw-Hill Education. The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation (2) • Supreme Court initially resisted invoking selective incorporation to protect the rights of the accused in the states – Changed in the 1960s, when the Court began to assert and protect the rights of the accused ©McGraw-Hill Education. Table 4-1 Bill of Rights: A Selected List of First Amendment Protections Speech: You are free to say almost anything except that which is obscene, slanders another person, or has a high probability of inciting others to take imminent lawless action. Press: You are free to write or publish almost anything except that which is obscene, libels another person, seriously endangers military action or national security, or has a high probability of inciting others to take imminent lawless action. Assembly: You are free to assemble, although government may regulate the time and place for reasons of public convenience and safety, provided such regulations are applied evenhandedly to all groups. Religion: You are protected from having the religious beliefs of others imposed on you, and you are free to believe what you like. ©McGraw-Hill Education. Freedom of Expression • Freedom of expression is the most basic of democratic rights, but like all rights, it is not unlimited • Initially the status of the right of free expression was uncertain – Sedition Act of 1798 • Today free expression is vigorously protected by the courts; but it can be denied if it endangers national security, wrongly damages others’ reputations, or deprives others of their rights ©McGraw-Hill Education. Freedom of Speech • Twentieth-century challenges: – Espionage Act (1917) and Schenck v. United States (1919) – National security needs early in the cold war; and a change in the Court’s position in the late 1950s – Tests of government actions to limit speech: clear-andpresent-danger test, and imminent lawless action – Hate speech protected, but not hate crimes • Westboro Baptist Church protests – Symbolic speech is protected, but less completely than verbal speech ©McGraw-Hill Education. Free Assembly • Some restrictions are allowed based on national security or disruptions to daily life • Government can place time, place, and manner restrictions ©McGraw-Hill Education. Press Freedom and Libel Law • New York Times Co. v. United States (1971) and publication of the “Pentagon Papers” – Prior restraint: government prohibition of speech or publication before it occurs – Extreme burden of proof on government • Libel: publishing material that falsely damages a person’s reputation – Slander: spoken words that falsely damage a person’s reputation – Libel against public officials requires malicious intent ©McGraw-Hill Education. Freedom of Religion • Along with political expression, the First Amendment protects religious freedom • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” ©McGraw-Hill Education. The Establishment Clause • Establishment clause: government may not favor one religion over another or support religion over no religion – Doctrines of wall of separation and accommodation • Court has frequently applied the Lemon test – Policy must have a nonreligious purpose – Policy’s primary effect must be one that neither advances nor inhibits religion – Policy must not foster “an excessive government entanglement with religion” ©McGraw-Hill Education. The Free-Exercise Clause • Government is prohibited from interfering with the practice of religion • Government interference is allowed when the exercise of religious beliefs conflicts with otherwise valid law ©McGraw-Hill Education. The Right to Bear Arms • Widely accepted view: the Second Amendment blocked the federal government from abolishing state militias • In District of Columbia v. Heller (2008) the Court ruled that “the Second Amendment protects an individual right to possess a firearm” • In McDonald v. Chicago (2010), the Court further extended the 2008 decision to apply to all state and local governments ©McGraw-Hill Education. The Right of Privacy • Griswold v. Connecticut (1965): Americans have a “zone of privacy” that cannot lawfully be denied • Abortion was protected as a right of privacy in Roe v. Wade (1973) – Subsequent Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007) established some restrictions • Consensual sexual relations among same-sex adults were eventually protected by the same right of privacy in Lawrence v. Texas (2003) ©McGraw-Hill Education. Pro-Life versus Pro-Choice A sharp divide continues to exist between Democratic and Republican voters regarding the ruling in Roe v. Wade (1973). ©McGraw-Hill Education. Source: Pew Research Center for the People and the Press, 2013. Rights of Persons Accused of Crimes • Procedural due process: procedures that authorities must follow before a person can lawfully be punished for an offense • U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment ©McGraw-Hill Education. Table 4-2 Bill of Rights: A Selected List of Due Process Protections Amendment Due Process Protection Fourth Search and seizure: You are protected from unreasonable searches and seizures, although you forfeit that right if you knowingly waive it. Arrest: You are protected from arrest unless authorities have probable cause to believe that you have committed a crime. Fifth Self-incrimination: You are protected against self-incrimination, which means that you have the right to remain silent and to be protected against coercion by law enforcement officials. Double jeopardy: You cannot be tried twice for the same crime if the first trial results in a verdict of innocence. Due process: You cannot be deprived of life, liberty, or property without proper legal proceedings. Sixth Counsel: You have a right to be represented by an attorney and can demand to speak first with an attorney before responding to questions from law enforcement officials. Prompt and reasonable proceedings: You have a right to be arraigned promptly, to be informed of the charges, to confront witnesses, and to have a speedy and open trial by an impartial jury. Eighth Bail: You are protected against excessive bail or fines. Cruel and unusual punishment: You are protected from cruel and unusual punishment, although this provision does not protect you from the death penalty or from a long prison term for a minor offense. ©McGraw-Hill Education. Suspicion Phase: Unreasonable Search and Seizure • No police search is allowed unless there is probable cause that a crime occurred (Fourth Amendment) • Not a blanket protection; some warrantless searches are allowed, based specific situations ©McGraw-Hill Education. Arrest Phase: Protection against Self-Incrimination • Fifth Amendment protection against self-incrimination: an individual cannot “be compelled in any criminal case to be a witness against himself” • Miranda v. Arizona (1966): no legal interrogation until the suspect has been warned that his or her words could be used as evidence – Led to formulation of the “Miranda warning” ©McGraw-Hill Education. Trial Phase: The Right to a Fair Trial • Fifth Amendment: a suspect cannot be tried for a federal crime unless indicted by a grand jury – States are not required to use grand juries • Sixth Amendment: a right to legal counsel before and during trial • Criminal defendants also have the right to a speedy trial and to confront witnesses against them – At the federal level and sometimes the state level, defendants have a right to a jury trial to be heard by an “impartial jury” ©McGraw-Hill Education. Trial Phase: The Right to a Fair Trial (2) • Exclusionary rule: evidence obtained in violation of the defendant’s rights cannot be used – Rule expanded in the 1960s by a liberal-dominated court – With the appointment of more conservative justices, exceptions were created – Good faith exception: admission if police believed they were following proper procedures – Inevitable discovery exception: admission if other evidence would have led to the same discovery – Plain view exception: admission if found in plain sight ©McGraw-Hill Education. Sentencing Phase: Cruel and Unusual Punishment • Eighth Amendment prohibits “cruel and unusual punishment” – Tests consider whether it is “disproportionate to the offense”; violates “fundamental standards of good conscience and fairness”; and is “unnecessarily cruel” • Supreme Court generally allows states to decide punishments, but has limited some aspects – Banned death penalty for minors and the mentally ill – Banned life-without-parole for juveniles; and extended this protection to juveniles convicted before the ban was put in place ©McGraw-Hill Education. Appeal: Once Chance, Usually • There is no constitutional guarantee of appeal; but the federal government and the states all allow at least one appeal • Federal law bars a second federal appeal by a state prison inmate in most instances ©McGraw-Hill Education. Crime, Punishment, and Police Practices • Supreme Court rulings have affected police practices – Miranda v. Arizona (1966) • Constitutional rights are often applied unevenly – Racial profiling: the targeting of individuals from minority groups – Minorities are also more likely to be victims of police violence • Tough sentencing policies are popular with voters, but prison overcrowding is an issue ©McGraw-Hill Education. Figure 4-1 Incarceration Rates by Country The United States is the world leader in terms of the number of people it places behind bars, with 698 inmates per 100,000 residents. More than half were convicted of nonviolent offenses, such as drug use or property theft. ©McGraw-Hill Education. Source: International Centre for Prison Studies, 2016. How the 50 States Differ: Incarceration Rates Most crimes in the United States are governed by state law rather than federal law, and states differ widely in their crime rates and sentencing practices. Jump to long image description ©McGraw-Hill Education. Source: Office of Justice Statistics, U.S. Department of Justice, 2016. Rights and the War on Terrorism • In times of war, the courts have upheld policies that would not otherwise be permitted – Example: WWII detention of Japanese Americans, supported by Congress and upheld in Korematsu v. United States (1944) ©McGraw-Hill Education. Detention of Enemy Combatants • After the attacks of 9/11, the Bush administration announced a policy of detaining “enemy combatants” • Supreme Court ruled detainees have the right to challenge their Guantanamo Bay detention in U.S. courts – Hamdi v. Rumsfeld (2004) – Hamdan v. Rumsfeld (2006) ©McGraw-Hill Education. Surveillance of Suspected Terrorists • USA Patriot Act gave the government additional tools for combating terrorism • National Security Agency (NSA) engaged in warrantless wiretapping – Program was leaked by Edward Snowden in 2013 – A federal appellate court ruled the NSA program unlawful – Congress passed revised legislation to authorize a more limited surveillance program with greater oversight ©McGraw-Hill Education. The Courts and a Free Society • Americans embrace freedom of expression as an abstract virtue • Americans favor limits to freedom of expression in particular instances • Judicial system has been the primary protector of individuals’ rights ©McGraw-Hill Education. Critical Thinking • Distinguish between the establishment clause and the free-exercise clause of the First Amendment. To which one does the Lemon test apply, and what are the components of that test? • Assume that an individual has been arrested and is eventually brought to trial. Identify the procedural due process rights that the individual has at each step in the legal process. How might the exclusionary rule affect the outcome? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Critical Thinking (2) • What is the process of selective incorporation, and why is it important to the rights Americans have today? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Long image descriptions APPENDIX A ©McGraw-Hill Education How the 50 States Differ: Incarceration Rates Appendix • States with 1,000 or more inmates for every 100,000 residents include Alabama, Arizona, Arkansas, Georgia, Louisiana, Mississippi, Oklahoma, Texas, and Virginia. • States with 800–999 inmates for every 100,000 residents include Alaska, Delaware, Florida, Idaho, Indiana, Kentucky, Missouri, Nevada, New Mexico, Pennsylvania, South Carolina, South Dakota, Tennessee, and Wyoming. • States with 600–799 inmates for every 100,000 residents include California, Colorado, Illinois, Kansas, Maryland, Michigan, Montana, Nebraska, North Carolina, Ohio, Oregon, Utah, West Virginia, and Wisconsin. • States with fewer than 599 inmates for every 100,000 residents include Connecticut, Hawaii, Iowa, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, North Dakota, Rhode Island, Vermont, and Washington. Jump back to slide containing original image ©McGraw-Hill Education. 5: Equal Rights Struggling Toward Fairness ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Equality through Law • Equal rights (civil rights): terms that refer to the right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities ©McGraw-Hill Education. The Fourteenth Amendment: Equal Protection • Equal-protection clause: forbids states from denying equal protection to citizens • Segregation in the schools: – Brown v. Board of Education of Topeka (1954) banned forced segregation in schools – Little change to segregation seen 15 years later – Supreme Court encouraged busing as a solution to segregation—a highly controversial approach, with mixed results – With an end to racial busing in 2007 and white flight to the suburbs, schools have become less racially diverse ©McGraw-Hill Education. The Fourteenth Amendment: Equal Protection (2) • Judicial tests of equal protection: – Reasonable-basis test: inequalities are allowed when they are “reasonably” related to a legitimate government interest – Strict-scrutiny test: presumes the law is unconstitutional unless government can provide a compelling basis for it • Suspect classifications: race and national origins used to classify people are assumed to have discrimination as their purpose – Gender classifications have been placed in an intermediate (or almost suspect) category • Different treatment allowed if “substantially related” to the achievement of “important governmental objectives” ©McGraw-Hill Education. Table 5-1 Levels of Court Review for Laws That Treat Americans Differently Test Application Standard Use Strict scrutiny Race, ethnicity Suspect category—assumed unconstitutional in the absence of an overwhelming justification Intermediate scrutiny Gender Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose Reasonable basis Other categories (such as age and income) Not suspect category—assumed constitutional unless no sound rationale for the law can be provided ©McGraw-Hill Education. The Civil Rights Act of 1964 • All persons are entitled to equal access to public accommodations • Medium-size and large firms cannot discriminate on the basis of race, color, religion, sex, or national origin in the hiring, promotion, and, wages of employees • Some forms of discrimination are still lawful – Example: church-related schools can take religion into account in hiring teachers ©McGraw-Hill Education. The Black Civil Rights Movement • Impetus behind the Civil Rights Act of 1964 was the black civil rights movement – Bus boycott led by Dr. Martin Luther King Jr. – March on Washington for Jobs and Freedom • Resistance to the Civil Rights Act was widespread, but overt discrimination gradually ceased ©McGraw-Hill Education. The Movement for Women’s Rights • First large and well-organized promotion of women’s rights: 1848 in Seneca Falls, New York – Fifteenth Amendment: right to vote extended to men of color, but not women – Nineteenth Amendment: right to vote extended to women • Equal Rights Amendment (ERA) introduced in 1923, passed 50 years later, but failed state ratification – Other legislation: • Equal Pay Act of 1963 • Title IX (1972) • Equal Credit Act of 1974 ©McGraw-Hill Education. Hispanic Americans and the Farmworkers’ Strikes • Farmworkers’ movement led by Cesar Chavez • Strikes in the 1960s and 1970s for migrant workers’ rights – Workers’ actions forced California to pass a law giving migrant workers the right to bargain collectively – Strikes were most successful in California, with limited success in others states such as Texas ©McGraw-Hill Education. Native Americans and Their Long-Delayed Rights • Native American population decreased from at least 5 million, when white settlers first arrived, to only about a quarter of a million by 1900 • They were not granted citizenship until 1924 • Indian Bill of Rights passed in 1968 provided for constitutional guarantees for Native Americans on reservations • Protests led to greater control over their own affairs – 1972 “Trail of Broken Treaties” protest – 1973 Wounded Knee standoff in South Dakota ©McGraw-Hill Education. Asian Americans and Immigration • Chinese and Japanese laborers were brought to the western states as laborers in mines and railroads in the late 1800s • In 1892, Congress suspended Asian immigration • Immigration restrictions were finally ended in 1965 • Lau v. Nichols (1974) prompted the beginning of bilingual instruction in some schools ©McGraw-Hill Education. Figure 5-1 The Changing Face of Immigration Until 1965, immigration laws were biased in favor of European immigrants. The laws enacted in 1965 increased the proportion of immigrants from Asia and Latin America. Percentages are totals for each decade; for example, the 2010 figures are for the 2001–2010 period. Jump to long image description ©McGraw-Hill Education. Source: U.S. Immigration and Naturalization Service, 2016. The Voting Rights Act of 1965 • Before 1965: – Fifteenth Amendment in 1870 granted blacks the vote – Blacks were disenfranchised by whites-only primaries, rigged literacy tests, and poll taxes – In the mid-1940s the Supreme Court declared that whites-only primary elections were unconstitutional – Twenty-Fourth Amendment in 1964 outlawed the poll tax – Two years later, the Supreme Court banned literacy tests ©McGraw-Hill Education. The Voting Rights Act of 1965 (2) • Voting Rights Act of 1965 allowed federal agents to oversee voter registration • States were prevented from creating election districts that deliberately diluted the minority vote – Weakened significantly by the 2013 Supreme Court decision Shelby County v. Holder, which invalidated portions of the law ©McGraw-Hill Education. The Politics of Civil Rights When Democrats took the lead in enacting the 1964 Civil Rights Act and 1965 Voting Rights Act, President Lyndon Johnson predicted that the Democratic Party would lose support among white voters, particularly those in the South. ©McGraw-Hill Education. Source: Exit polls, 2012. The Civil Rights Act of 1968 • In 1968, Congress passed legislation addressing discrimination in housing – Prohibited redlining, the refusal of mortgages for homes in certain neighborhoods, primarily those with large black populations • Strong patterns of housing segregation are still apparent • African Americans and Hispanics still have more difficulty obtaining mortgages than whites with comparable income levels ©McGraw-Hill Education. Affirmative Action • Affirmative action: deliberate efforts to provide full and equal opportunities in employment, education, and other areas for disadvantaged groups – For organizations receiving federal funding or contracts – Affirmative action in law: • • • • • ©McGraw-Hill Education. University of California Regents v. Bakke (1978) Adarand v. Pena (1995) Grutter v. Bollinger (2003) Fischer v. University of Texas (2016) Schuette v. Coalition to Defend Affirmative Action (2014) Affirmative Action (2) • De jure discrimination: discrimination based on law • De facto discrimination: the condition whereby historically disadvantaged groups have fewer opportunities and benefits because of prejudice and economic circumstance • Established through the new concept of “equality of result,” affirmative action sought to alleviate de facto discrimination ©McGraw-Hill Education. The Continuing Struggle for Equality • Progress has been made toward a more equal America, but civil rights problems involve deeply rooted conditions, habits, and prejudices • America’s traditionally disadvantaged groups are still substantially unequal in their daily lives ©McGraw-Hill Education. African Americans • Continuing high disparity in income • Discrepancies in convictions and sentencing • Higher incarceration rates than the general population • Substantial progress in elective office – More than 500 black mayors – Forty black members of Congress – Forty-fourth president of the United States: Barack Obama ©McGraw-Hill Education. Women • Job-related issues – Lack of job equality – Family leave and gender pay equity are continuing problems – “Feminization of poverty”: most single-parent families are headed by women and about one in three of those families live below the poverty line • Electoral and political successes – Supreme Court – Presidential politics – Congressional seats ©McGraw-Hill Education. Women’s Representation in National Legislatures Based on seats in the single or lower legislative chamber, which is the House of Representatives in the case of the United States, the U.S. ranks substantially below European democracies in terms of the percentage of women lawmakers. ©McGraw-Hill Education. Source: World Bank, 2016. Figure 5-2 Percentage of Families Living in Poverty, by Family Composition Poverty is five times higher among female-headed households that among two-parent households. ©McGraw-Hill Education. Source: U.S. Census Bureau, 2016. Native Americans • Full-blooded Native Americans, including Alaska Natives, currently number more than two million – Half live on or near federal reservations – Federal authority is defined by treaty terms – State governments have no direct authority • Current policy goals of the federal government include retention of native cultures; and self-government and economic self-sufficiency • Tribal–state conflicts persist over gaming ©McGraw-Hill Education. Hispanic Americans • Hispanic Americans are one of the oldest ethnic groups in the nation – Colonized Florida, New Mexico, California, and Arizona – Fastest-growing minority and largest minority group • Hispanic immigration issues persist • More than 4,000 Hispanic Americans hold public office – Congress, Supreme Court, presidential politics – About half of all Hispanic Americans are registered to vote – Political force in states like Texas, California, and Florida ©McGraw-Hill Education. Asian Americans • Asian Americans now number about 12 million – Most live on the West Coast, particularly in California • Upwardly mobile group – Family-based self-reliance, with an emphasis on education – Highest rate of two-parent families – Highest rate of median family income • Educated and driven, yet underrepresented politically and in managerial jobs ©McGraw-Hill Education. Minority Group Populations in the States Black Americans, Hispanics, and Asian Americans constitute about 40 percent of the U.S. population and, by 2050, will constitute a majority. Jump to long image description ©McGraw-Hill Education. Other Disadvantaged Groups • Civil Rights Act of 1964 classified only women and minorities as legally protected groups; other disadvantaged groups have gained protection through other legislation • Older Americans: – Age Discrimination in Employment Act of 1967 – Age Discrimination Act of 1975 • Disabled Americans: – Education for All Handicapped Children Act of 1975 – Americans with Disabilities Act of 1990 ©McGraw-Hill Education. Other Disadvantaged Groups (2) • LBGT community: – Formerly barred from military service and had no employment protections or rights • Such prohibitions no longer exist • Greater legal protections in some jurisdictions for transgendered – U.S. has seen a rapid swing in public opinion toward acceptance of same-sex marriage in the last two decades, particularly among younger adults • Massachusetts was the first state to permit same-sex marriage, in 2004 • Obergefell v. Hodges (2015) expanded the right to all Americans ©McGraw-Hill Education. Figure 5-3 Opinions on Same-Sex Marriage Twenty years ago, a majority of Americans opposed same-sex marriage. Today, a majority support it. ©McGraw-Hill Education. Source: Gallup poll, 2015. Discrimination: Superficial Differences, Deep Divisions • America’s high ideals often clash with its reality • Still necessary to combat “America’s curse,” discrimination • Abraham Lincoln: the United States is a nation “dedicated to the proposition that all men are created equal” ©McGraw-Hill Education. Critical Thinking • Distinguish between de jure discrimination and de facto discrimination. Why is the latter form of discrimination more difficult to overcome? • Using material in this chapter and the previous one, contrast the Fourteenth Amendment’s due process clause with its equal-protection clause. What level of government in America’s federal system is governed by the two clauses? • What role have political movements played in securing the legal rights of disadvantaged groups? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Long image descriptions APPENDIX A ©McGraw-Hill Education Figure 5-1 The Changing Face of Immigration Appendix • In the decade ending in 1950, 78% of immigrants were from Europe and Canada; 16% from Latin America; and 3% from Asia. Since then, immigration from both Latin America and Asia has grown, while immigration from Europe and Canada has gradually declined. • By 1980, immigration both from Latin America and from Asia had surpassed immigration from Europe and Canada, with only 21% of immigrants in the preceding decade coming from Europe and Canada, 35% from Asia, and 40% from Latin America. • In the decade ending in 2010, 11% of immigrants were from Europe and Canada; 35% were from Asia; and 53% were from Latin America. Jump back to slide containing original image ©McGraw-Hill Education. Minority Group Populations in the States Appendix • States where minorities constitute 41% or more of the population include Arizona, California, Florida, Georgia, Hawaii, Louisiana, Maryland, Mississippi, Nevada, New Mexico, New York, and Texas. • States where minorities constitute 31–40% include Alabama, Alaska, Colorado, Connecticut, Delaware, Illinois, New Jersey, North Carolina, Oklahoma, South Carolina, and Virginia. • States where minorities constitute 21–30% include Arkansas, Indiana, Kansas, Massachusetts, Michigan, Missouri, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, and Utah. • States where minorities constitute 20% or less of the population include Idaho, Iowa, Kentucky, Maine, Minnesota, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. Jump back to slide containing original image ©McGraw-Hill Education. 1: Political Thinking and Political Culture Becoming a Responsible Citizen ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Learning to Think Politically • Political thinking: critical thinking focused on deciding what can reasonably be believed, and then using this information to make political judgments – Involves the careful gathering and sifting of information to form a knowledgeable view about a political issue – Important for responsible citizenship ©McGraw-Hill Education. Obstacles to Political Thinking • Main barrier: unwillingness of citizens to make the effort to self-inform • Changes in media consumption have meant more people consume biased cable television and Internet blogs • “Spin” is added by political leaders and government entities • Research shows faulty perceptions are becoming more prevalent ©McGraw-Hill Education. What Political Science Can Contribute to Political Thinking • Political science: the systematic study of government and politics – A descriptive and analytical discipline that can increase one’s ability to think politically • Analytical tools: – Reliable information about how the system operates – Systemic generalizations about major tendencies in American politics – Terms and concepts that precisely describe key aspects ©McGraw-Hill Education. Political Culture: Americans’ Enduring Beliefs • Political culture: the widely shared and deep-seated beliefs of a country’s people about politics – Derived from a country’s traditions – Defines the relationship between citizens and government • Americans’ core ideals are rooted in the European heritage of the first white settlers ©McGraw-Hill Education. A Nation of Immigrants Migrants make up a larger percentage of the population in the United States than they do in nearly every other country. ©McGraw-Hill Education. Source: Organization for Economic Cooperation and Development (OECD), 2016. Core Values: Liberty, Individualism, Equality, and Self-Government • Liberty: the principle that individuals should be free to act as they choose, provided they do not infringe unreasonably upon others – Unsettled land fostered freedom through migration – Many fled Europe to escape religious persecution ©McGraw-Hill Education. Core Values: Liberty, Individualism, Equality, and Self-Government (2) • Individualism: a commitment to personal initiative and self-sufficiency – Fostered by the unprecedented economic opportunities of the New World for those willing to work hard enough – Tocqueville: Americans’ chief aim is to “remain their own masters” ©McGraw-Hill Education. Core Values: Liberty, Individualism, Equality, and Self-Government (3) • Equality: the notion that all individuals are equal in their moral worth and thereby entitled to equal treatment under the law – Perplexing ideal in the early years of the nation, when some were free while others were enslaved – Differing opinions on the meaning of equality persist ©McGraw-Hill Education. Core Values: Liberty, Individualism, Equality, and Self-Government (4) • Self-government: the principle that the people are the ultimate source of governing authority and should have a voice in their governing – American colonials had substantial self-determination – Vision of a self-governing nation with “powers from the consent of the governed” ©McGraw-Hill Education. The Limits and Power of Americans’ Ideals • Americans’ cultural beliefs are idealistic • Failures to meet these high ideals: – Slavery – Post-slavery “Jim Crow” era – Racial immigration and property restrictions ©McGraw-Hill Education. The Limits and Power of Americans’ Ideals (2) • Equality has never been an American birthright – Slavery – Racial immigration restrictions – Limited voting rights • Continuing struggle to build a more equal society – Civil rights movements • Abolition and suffrage • Equal treatment for minorities, including the LGBTQ community – Public education – Higher education ©McGraw-Hill Education. A College Education Reflecting their belief in individualism and equality, Americans have developed the world’s largest college system—roughly 4,000 institutions. ©McGraw-Hill Education. Social Welfare Policy Americans’ cultural commitment to individualism leads a majority to rate the “freedom to pursue life’s goals” as more important than making sure that “nobody is in need.” ©McGraw-Hill Education. Source: Pew Research Center Global Attitudes & Trends survey, 2011. Politics and Power in America • Politics: the means by which society settles its conflicts and allocates the resulting benefits and costs • Power: the ability of persons, groups, or institutions to influence political developments • Authoritarian and totalitarian governments: nondemocratic, repressive regime types ©McGraw-Hill Education. A Democratic System • Democracy: a system in which the people govern, by direct or representative means – In practice, it has come to mean majority rule through the free and open election of representatives • Majoritarianism: the majority effectively determines what government does ©McGraw-Hill Education. A Democratic System (2) • Pluralism: the preferences of special interests largely determine what government does • Authority: the recognized right of officials to exercise power • In contrast, authoritarian governments repress opposition through intimidation, restriction of rights, and even imprisonment and physical abuse ©McGraw-Hill Education. A Constitutional System • Writers of the U.S. Constitution devised an elaborate system of checks and balances; and a Bill of Rights was added • Constitutionalism: the idea that there are lawful restrictions on government’s power – Restraints on the power of the majority • Legal action: the use of the courts as a means of asserting rights and interests – Channel through which ordinary citizens can exercise power ©McGraw-Hill Education. A Free-Market System • Free-market system: a system that operates mainly on private transactions – Some government intervention through regulatory, taxing, and spending policies • Tax rates are much lower in the U.S. than in European countries • Corporate power: the influence business firms have on public policy • Elitism: the power exercised by well-positioned and highly influential individuals ©McGraw-Hill Education. Table 1-1 Governing Systems and Political Power System Description and Implications Democratic A system of majority rule through elections; empowers majorities (majoritarianism), groups (pluralism), and officials (authority) Constitutional A system based on rule of law, including legal protections for individuals; empowers individuals by enabling them to claim their rights in court (legal action) Free market An economic system that centers on the transactions between private parties; empowers business firms (corporate power) and the wealthy (elitism) ©McGraw-Hill Education. Who Governs? • Defining characteristic of American politics is the widespread sharing of power • Women and minorities were initially excluded; but their power has steadily grown over time ©McGraw-Hill Education. The Text’s Organization • Constitutional system • Political role of citizens and intermediaries • Governing officials, elective institutions, and their appointive bodies • Focus on public policies throughout the book • Focus on the difficulty of governing effectively, and how important it is to try ©McGraw-Hill Education. Critical Thinking • Distinguish between political power (generally) and authority (as a special kind of political power). • Contrast the American political culture with that of most Western democracies. What in the American experience has led its people to derive their national identity from a set of shared political ideals? • Explain the types of power that result from each of America’s major systems of governing—democracy, constitutionalism, and a free market. ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. 2: Constitutional Democracy Promoting Liberty and Self-Government ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Before the Constitution: The Colonial and Revolutionary Experiences • Americans’ British heritage – Colonial experiences with democratic institutions: English Parliament and colonial charters – “Rights of Englishmen,” including trial by jury • Repeal of the Stamp Act, a tax on colonial newspapers and business documents • Enactment of the Townshend Act, which included a tax on tea • First Continental Congress met in 1774 ©McGraw-Hill Education. The Declaration of Independence • Call to revolution that included the ideas of liberty, equality, individual rights, self-government, and lawful powers • Philosophy of John Locke – Inalienable (natural) rights: life, liberty, and property – Social contract: government has responsibility to preserve rights • Thomas Jefferson paraphrased Locke – “Life, liberty, and the pursuit of happiness”; “All men are created equal”; and governments derive “their just powers from the consent of the governed” ©McGraw-Hill Education. The Articles of Confederation • Adopted during the Revolutionary War – Not a constitution: a fundamental law that defines how a government will legitimately operate • Created a weak national government • Prohibited Congress from interfering in states’ commerce policies • Prohibited Congress from taxation • States retained “sovereignty, freedom, and independence” – Unanimous consent needed to approve amendments ©McGraw-Hill Education. A Nation Dissolving • Weakness of the national government raised fears, especially in the wake of Shays’ Rebellion – Farmers led by Daniel Shays fomented armed rebellion to prevent foreclosures on their land – Congress was unable to raise an army to quell the rebellion • Congress was motivated to authorize a convention in Philadelphia to revise the Articles of Confederation ©McGraw-Hill Education. Negotiating Toward a Constitution • At the constitutional convention in Philadelphia, the delegates ignored the instructions of Congress – Drafted a constitution that created an entirely new form of limited and representative government – Especially, a stronger central government would be put in place ©McGraw-Hill Education. The Great Compromise: A Two-Chamber Congress • Virginia Plan, or large state plan – Representation based on the size of a state’s population – Greater power to larger states • New Jersey Plan, or small state plan – Each state would have one vote – Equal power to large and small states • Great Compromise: a bicameral Congress – House of Representatives: proportional representation – Senate: equal representation ©McGraw-Hill Education. The Three-Fifths Compromise: Issues of Slavery and Trade • Congress agreed not to tax exports, only imports • Congress would be prohibited until 1808 from passing laws to end the slave trade • Three-Fifths Compromise: three-fifths of the enslaved population counted for apportionment of taxes and political representation – Northern delegates were against counting slaves because they didn’t have legal rights – Southern delegates were in favor of counting slaves, as this would afford the South more House seats, thus greater political power ©McGraw-Hill Education. Figure 2-1 African Americans as a Percentage of State Population, 1790 At the time of the writing of the Constitution, African Americans (most of whom were slaves) were concentrated in the southern states. Jump to long image description ©McGraw-Hill Education. Source: U.S. Census Bureau. A Strategy for Ratification • Delegates established their own ratification process – New Constitution would be submitted directly to the states for approval – It would become law if approved by at least nine ©McGraw-Hill Education. The Ratification Debate • Anti-Federalists: those who were against a strong national government – Raised arguments that still echo in American politics – National government would be too powerful – State self-government and personal liberty would be placed at risk • Federalists: proponents of the Constitution – The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay, laid out a persuasive case ©McGraw-Hill Education. The Framers’ Goals • Government strong enough to meet the country’s needs • Government that would not threaten the existence of the separate states • Government that would not threaten liberty • Government based on popular consent ©McGraw-Hill Education. Table 2-1 Major Goals of the Framers of the Constitution 1. 2. 3. 4. A government strong enough to meet the nation’s needs—an objective sought through substantial grants of power to the federal government in areas such as defense and commerce (see Chapter 3) A government that would not threaten the existence of the separate states—an objective sought through federalism (see Chapter 3) and through a Congress tied to the states through elections A government that would not threaten liberty—an objective sought through an elaborate system of checks and balances A government based on popular consent—an objective sought through provisions for the direct and indirect election of public officials ©McGraw-Hill Education. Protecting Liberty: Limited Government • Framers sought a national government that could act decisively, but not act irresponsibly • They mistrusted unrestricted majority rule • Liberty was the governing ideal they sought most ©McGraw-Hill Education. Grants and Denials of Power • Grants of power: powers granted to the national government – Limit government by stating specific powers in the Constitution – Total of seventeen powers • Denials of power: powers expressly denied to the national and state governments – Limit government by stating specific prohibitions in the Constitution • Constitution made difficult to amend ©McGraw-Hill Education. Using Power to Offset Power • Montesquieu’s concept of a separation of powers: powers divided among separate branches rather than investing it entirely in a single individual or institution • Madison’s Federalist No. 10 discussed the problem of overbearing majorities • Framers’ special contribution to the doctrine of the separation of powers: separate but overlapping powers ©McGraw-Hill Education. Table 2-2 Constitutional Provisions for Limited Government Mechanism Purpose Grants of power Powers granted to the national government; accordingly, powers not granted it are denied it unless necessary and proper to carry out granted powers. Separated institutions Division of national government’s power among three power-sharing branches, each of which acts as a check on the powers of the other two. Federalism Division of political authority between national government and the states, enabling the people to appeal to one authority if their rights and interests are not respected by the other authority. Denials of power Powers expressly denied to the national and state governments by the Constitution. Bill of Rights First 10 amendments to the Constitution, which specify rights of citizens that the national government must respect. Judicial review Power of courts to declare governmental action null and void when it violates the Constitution. Elections Power of voters to remove officials from office. ©McGraw-Hill Education. Separated Institutions Sharing Power: Checks and Balances • Separated institutions sharing powers: separate branches interlocked in such a way that an elaborate system of checks and balances is created – Shared legislative powers: Congress checked by the president and the Supreme Court – Shared executive powers: president checked by Congress and the Supreme Court – Shared judicial powers: courts checked by the president and Congress ©McGraw-Hill Education. Figure 2-2 Separate Branches Sharing Power The U.S. Constitution separates power among the legislative, executive, and judicial branches but assigns each branch part of the power of the other two branches so that it can act as a check on their power. ©McGraw-Hill Education. Separate Branches Sharing Power (Figure 2-2) The Supreme Court over the president: may declare executive action unlawful because it is not authorized by legislation; (by tradition) may declare presidential action unconstitutional The Supreme Court over Congress: has the power to interpret legal disputes arising under acts of Congress and (by tradition) may declare acts of Congress unconstitutional Congress over the president: may impeach and remove the president; may override presidential veto; may investigate presidential action; must approve treaties and executive appointments; enacts the budget and laws within which presidential action occurs Congress over the Supreme Court: decides the size of the federal court system, the number of Supreme Court justices, and the appellate jurisdiction of the Supreme Court; may impeach and remove federal judges; may rewrite legislation that courts have interpreted and may initiate constitutional amendments; confirms judicial nominees The president over Congress: may veto acts of Congress, recommend legislation, and call Congress into special session; executes, and thereby interprets, laws enacted by Congress The president over the Supreme Court: nominates federal judges; may pardon those convicted in court; executes court decisions and thereby affects their implementation ©McGraw-Hill Education. The Bill of Rights • Bill of Rights: the first ten amendments to the Constitution • Protects the rights of citizens, such as: – – – – Freedom of speech Freedom of assembly Trial by jury of one’s peers, and legal counsel Freedom of religion • Limits the power of government ©McGraw-Hill Education. Judicial Review • Who was to decide whether officials were operating within the limits of their constitutional powers? • Answer established by Chief Justice John Marshall in Marbury v. Madison (1803) • Judicial review: the power of the judiciary to decide whether a government official or institution has acted within the limits of the Constitution and, if not, to declare it null and void ©McGraw-Hill Education. Providing for Representative Government • History of unfettered democracies was not encouraging • Risk was tyranny of the majority: the people acting as an irrational mob that tramples on the rights of the minority • Framers nevertheless believed the people needed a voice in government ©McGraw-Hill Education. Democracy versus Republic • Democracy, to the framers: a government in which the majority has absolute power • Framers preferred the concept of a republic: a government that has limits on its power, where the people have rights guaranteed by a constitution and protected through carefully designed institutions – Majority rule in a republic is limited in order to protect minority rights ©McGraw-Hill Education. Limited Popular Rule • People participate indirectly in the process of government through elected officials • House of Representatives was initially the only institution based on direct popular election – To make government responsive to popular majorities • Senators were to be appointed by the legislatures of their states • Each state would have the same number of electoral votes as members in Congress, and their electors (the Electoral College) would select the president ©McGraw-Hill Education. Table 2-3 Methods of Choosing Federal Officials Office Method of Selection Term of Service President Electoral College 4 years U.S. senator State legislature, changed in 6 years (one-third of senators’ terms expire every 2 years) 1913 to popular election U.S. representative Popular election 2 years Federal judge Nominated by president, approved by Senate Indefinite (subject to “good behavior”) ©McGraw-Hill Education. Altering the Constitution: More Power to the People • Jeffersonian democracy – Government belonged to all, not just the elite • Jacksonian democracy – States urged to give their electoral votes to the winner of the popular vote • The Progressives – Championed primary elections, giving ordinary voters the power to select party nominees – Direct election of senators; referendums and initiatives – Elected officials, as delegates, carry out the wishes of the voters ©McGraw-Hill Education. Direct Democracy: The Initiative and Popular Referendum By gathering enough signatures on a petition, citizens in some states can place legislation of their own choosing on the ballot (the initiative) or place an act of the state legislature on the ballot (the popular referendum). All states have a form of the legislative referendum, but only some states allow the initiative or popular referendum. ©McGraw-Hill Education. Constitutional Democracy Today • Type of government created in 1787 might best be called a constitutional democratic republic – Constitutional in that power gained through elections is to be exercised in accordance with law and with due respect for individual rights – Democratic in that it provides for majority influence via elections – Republic in that it has a mix of deliberative institutions, each of which moderates the power of the others ©McGraw-Hill Education. Constitutional Democracy Today (2) • Today’s model is more a representative government – More frequent elections than any other democracy – Only major democracy to rely heavily on primary elections – Less democratic than some other major democracies because of constitutional barriers • Divided branches • Staggered terms of office • Separate constituencies ©McGraw-Hill Education. Critical Thinking • Define the concept of judicial review. How does a court decision involving judicial review differ from an ordinary court decision, such as a ruling in a case involving armed robbery? • Contrast the original system for electing federal officials with the system of today, noting in each case whether voters have acquired a more direct voice in the election process than was originally the case. ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Critical Thinking (2) • Why is it more accurate to say that the United States has a system of “separated institutions sharing power” rather than a system of “separated powers”? Provide examples of how shared power can act to check and balance the power of each institution. ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Long image descriptions APPENDIX A ©McGraw-Hill Education Figure 2-1 African Americans as a Percentage of State Population, 1790 Appendix • In South Carolina, 43.8% of the population was African American; in Virginia, 40.9%; in Georgia, 36.1%; in North Carolina, 26.9%; in Delaware, 22%; in Maryland, 21.3%. • In comparison, in New York and in New Jersey as well, only 7.6% of the population was African American; in Rhode Island, 5.8%; in Connecticut, 2.5%; in Pennsylvania, 2.3%; in Massachusetts, 1.3%; and in New Hampshire, just 0.7%. Jump back to slide containing original image ©McGraw-Hill Education. 3: Federalism Forging a Nation ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. The Power of the Federal Government Based on surveys conducted between 2009 and 2015, Americans who identify with the Republican Party are far more likely than Democratic identifiers to believe that the federal government has “too much power.” ©McGraw-Hill Education. Source: Gallup polls. Federalism: National and State Sovereignty • Sovereignty: supreme and final governing authority • Systems that apportion governmental power: – Unitary system: the national government is sovereign – Confederacy: the states alone are sovereign – Federalism: sovereignty is shared by the national government and the states ©McGraw-Hill Education. The Argument for Federalism • Problems with a too-weak national government: – Public disorder – Economic chaos – Inadequate defense • New federal system would divide power among two levels: national and state – – – – ©McGraw-Hill Education. Protect liberty Moderate government power through sharing Strengthen the union Promote more responsive government The Powers of the Nation and the States • Enumerated (expressed) powers: power granted to the national government in the Constitution – Seventeen powers, including measures for a secure defense and stable economy – Supremacy clause: national laws were the supreme law of the land • Implied powers: powers of the national government not expressly written but related to those that are listed – “Necessary and proper” clause, or elastic clause: power to make laws in support of enumerated (expressed) powers ©McGraw-Hill Education. The Powers of the Nation and the States (2) • Reserved powers: the states’ powers under the Constitution – Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States” • Nationalization: the gradual shift in power from the states to the national government ©McGraw-Hill Education. National powers Concurrent powers State powers National defense Currency Post office Foreign affairs Interstate commerce Lend and borrow money Taxation Law enforcement Charter banks Transportation Charter local governments Education Public safety Registration and voting Intrastate commerce Figure 3-1 Federalism as a Governing System: Examples of National, State, and Concurrent Powers The American federal system divides sovereignty between a national government and the state governments. Each is constitutionally protected in its existence and authority, although their powers overlap somewhat even in areas granted to one level (for example, the federal government has a role in education policy). ©McGraw-Hill Education. Federalism in Historical Perspective • Ambiguities in the Constitution have contributed to conflict between nation and states – Interstate and intrastate commerce • Federalism has progressed through three historical eras that each ended with a national government stronger than before ©McGraw-Hill Education. An Indestructible Union (1789–1865) • Nationalist view: McCulloch v. Maryland (1819), a clear ruling in favor of national power and the supremacy clause • States’ rights view: the Dred Scott decision (1857), a ruling for states’ rights in conflict over the legality of slavery • Civil War settled the issue in favor of national authority ©McGraw-Hill Education. Dual Federalism and Laissez-Faire Capitalism (1865–1937) • Dual federalism: the separation of national and state authority was both possible and desirable • Over time, the Fourteenth Amendment was interpreted to give the states discretion • Supreme Court also limited the national power to regulate business and industry • National authority ultimately prevailed as the Supreme Court approved Franklin Roosevelt’s New Deal economic and social programs ©McGraw-Hill Education. Contemporary Federalism (Since 1937) • Dual federalism is no longer an accurate description • Larger trend: a long-term expansion of national authority – National government now operates in many policy areas once within the control of states and localities • More recent development: devolution, the attempt to “pass down” authority to the state and local levels in selected areas ©McGraw-Hill Education. Interdependency and Intergovernmental Relations • Cooperative federalism: shared policy responsibilities – National, state, and local levels work together – Joint funding, administration, and determination of programs – Example: Medicaid ©McGraw-Hill Education. Government Revenues and Intergovernmental Relations • Fiscal federalism: federal funds are used for state programs • Grants-in-aid: cash payments to states and localities • Categorical grants: federal funds restricted to certain state programs • Block grants: federal funds for state programs addressed to a general concern ©McGraw-Hill Education. Figure 3-2 Federal, State and Local Shares of Government Tax Revenue The federal government raises as much tax revenues as do all state and local governments combined. ©McGraw-Hill Education. Source: U.S. Department of Commerce, 2016. Figure 3-3 Federal Grants to State and Local Governments Federal aid to states and localities has increased dramatically since the 1950s—from less than 50 billion dollars in 1955 to close to 225 billion in 1880. Aid then declined somewhat, but has been on the rise since the 1990s. Note: Figures are based on constant (2005) dollars to control for effects of inflation. Figure for each year is the average per year for previous five years. Figure for 2020 is based on OMB estimates. ©McGraw-Hill Education. Source: Office of Management and Budget (OMB), FY2017. Federal Grants-in-Aid to the States Federal assistance accounts for a significant share of general state revenue. Note: Not included here is restricted revenue, which is revenue that is designated for a specific purpose, such as property tax designated for use in funding local schools. Jump to long image description ©McGraw-Hill Education. Source: U.S. Census Bureau, 2016. Devolution • Devolution: the idea that American federalism can be strengthened by a partial shift of power from the national government to the states – Belief held more strongly by Republicans than Democrats – Dramatically increased after the Republican victories of 1994 • Supreme Court has advanced devolution, especially in the latter decades of the twentieth century • Movement waned with the attacks of 9/11 and creation of the Department of Homeland Security; and with the passage of health care reform in 2010 ©McGraw-Hill Education. The Public’s Influence: Setting the Boundaries of Federal–State Power • Major changes in federalism have been driven by a shift in public support to one level of government or the other – Roosevelt’s “New Deal”—jobs during the Great Depression – Lyndon Johnson’s “Great Society”—increased social services in the 1960s – Republican Revolution—rolled back federal authority in the 1990s ©McGraw-Hill Education. Critical Thinking • Distinguish between a federal system, a unitary system, and a confederacy. What circumstances led the framers of the Constitution to create a federal system? • Contrast dual federalism and cooperative federalism. Is the distinction between a layer cake and a marble cake useful in explaining the difference between dual federalism and cooperative federalism? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Critical Thinking (2) • How have the federal government’s superior taxing policy and the economic interdependency of the American states contributed over time to a larger policy role for the national government? What role have federal grants-in-aid played in the expansion of federal authority? ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Long image descriptions APPENDIX A ©McGraw-Hill Education Federal Grants-in-Aid to the States Appendix • States in which federal grants-in-aid account for 35% or more of state revenue include Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Mexico, Oklahoma, Oregon, South Dakota, Tennessee, and Wyoming. • States in which federal grants-in-aid account for 30–34.9% of state revenue include Arkansas, Florida, Idaho, Indiana, Iowa, Maryland, Michigan, Nebraska, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Vermont, and West Virginia. • States in which federal grants-in-aid account for 30% or less of state revenue include Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, North Dakota, Virginia, Washington, and Wisconsin. Jump back to slide containing original image ©McGraw-Hill Education. 4: Civil Liberties Protecting Individual Rights ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Civil Liberties According to Freedom House, an independent organization that tracks civil liberties, the United States is among the “most free” nations. Freedom House bases its rankings on four areas: free expression, organizational rights, rule of law, and personal autonomy. ©McGraw-Hill Education. The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation • Civil liberties: specific individual rights, such as the right to a fair trial, that are constitutionally protected against infringement by government • Bill of Rights: the ten amendments that list the rights the federal government must protect • Fourteenth Amendment’s due process clause prevents the states from abridging individual rights – Supreme Court engaged in selective incorporation— invoking the Fourteenth Amendment to apply the Bill of Rights to the states ©McGraw-Hill Education. The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation (2) • Supreme Court initially resisted invoking selective incorporation to protect the rights of the accused in the states – Changed in the 1960s, when the Court began to assert and protect the rights of the accused ©McGraw-Hill Education. Table 4-1 Bill of Rights: A Selected List of First Amendment Protections Speech: You are free to say almost anything except that which is obscene, slanders another person, or has a high probability of inciting others to take imminent lawless action. Press: You are free to write or publish almost anything except that which is obscene, libels another person, seriously endangers military action or national security, or has a high probability of inciting others to take imminent lawless action. Assembly: You are free to assemble, although government may regulate the time and place for reasons of public convenience and safety, provided such regulations are...
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