Review of Theory of Government

The Basic Functions of Government Locke – State of Nature, Natural Law, Natural Rights, Social Contract Jefferson – Declaration of Independence Constitution Establish a more perfect union Establish justice Ensure domestic tranquility Promote the general welfare Secure liberty

Politics – the exercise of power; Federalist 10; Linkage Institutions: evolution of parties; interest groups; media Elections Policy-Making Institutions

Evolution of democracy (types of democracy) Federalism

Who controls the political agenda? How topics get on the agenda? How things on the agenda get ignored? Pluralism (Federalist 10 again) Elitism (of various types) Hyperpluralism What is public interest? What are public wants? How much individual freedom? (Locke, Social Contract) How much should government do? What’s the best way to raise money for government activity? How to separate public from private agendas? (especially on ethical issues) What’s allowed in campaigning How to achieve authentic legitimacy? (What is that?)

Constitutional Foundations

Declaration of Independence Articles of Confederation Constitution Basic features (longevity, separation of powers, balance of power, federalism, amendability, common law) and compromises Bureaucracy Political Parties Marbury v Madison McCulloch v Maryland Federalism

History of Federalism Local Governments Dual Federalism Marble Cake Federalism Creative Federalism Competitive Federalism Fiscal Federalism

Bill of Rights and Civil Liberties

Restrictions on government – individual rights 14th Amendment Religion – establishment and exercise (promoting, restricting) Engle v Vitale (’62) prayer in school Abington School District v Schempp (’63) Bible reading in class Epperson v Arkansas (’68) teaching evolution Recent cases on creationism and prayer at Texas football games Speech and Press – freedom v public good; symbolic speech; commercial speech; hate speech; libel and slander Schenck v US (’19) “clear and present danger” Roth v US (’57) and Miller v California (’73) obscenity not protected; obscenity appeals to purient interests was patently offensive and lacked serious artistic, literary, political, or scientific merit by community standards Tinker v DesMoines (’69) and Hazelwood v Kuhlmeier (“88) student rights New York Times v US (’71) Pentagon Papers case; no prior restriction Texas v Johnson (’88) flag burning as symbolic speech Assembly – Peacably? Petition? Public safety? Public and private land? Advocacy of violence? Cox v New Hampshire (’41) permits can be required; private property is not open to assembly Collins v Smith (’78) Skokie and Nazis Keep and Bear Arms – individual or group right? Registration and permit? Types of arms? Brady Bill (’93) Privacy – probable cause? Persons? Houses? Papers? Effects? Unreasonable? Emergencies? Abortion? Mapp v Ohio (’61) exclusionary rule Griswold v Connecticut (’65) privacy and birth control Roe v Wade (’72) abortion Due Process – indictiment, double jeopardy, self-incrimination, speedy and public trial, informed of charges, confronted with witnesses, right to attorney, cruel and unusual punishment, excessive bail Gideon v Wainwright (’64) right to an attorney Miranda v Arizona (’66) right to be informed of your rights