Order and Civil Liberties
16 Equality and Civil Rights
18: Economic Policy
19: Domestic Policy
20: Global Policy
Chapter 15 Order and Civil Liberties
Hank Sforzini, 2002
Freedom of Religion congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
b. pornography is central in creating and maintaining gender as a category of discrimination
c. pornography is a systematic practice of exploitation and subordination
based on sex, imposing differential harms on women
make no law…abridging the freedom…of the press."
10. Freedom of Expression Versus Maintaining Order-the courts have consistently held that freedom of the press does not override the requirements of law enforcement. Educators may limit speech within the confines of the school curriculum and speech
11. The Right to Assemble Peaceably and to Petition the Government-the final clause of the First Amendment a. people have the right to assemble peaceably in order to petition the government
1. The Right to Bear Arms-a well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed
Applying the Bill of Rights to the States
1. The major purpose of the Constitution was to structure the division of power between the national government and the state governments
2. Constitution set limits on nation and the states with regards to citizens rights.
a. it barred governments from passing bills of attainder (laws that make an individual guilty of a crime without a trial and prohibited them from ex post facto laws that declare an action a crime after it has been performed
The Fourteenth Amendment: Due Process of Law
1. Section 1….No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law
a. Miranda warnings -statements concerning rights that police are required to make to a person before he is subjected to in-custody questioning
The Ninth Amendment and Personal Autonomy
Ch. 15, Order and Civil Liberties
A. 1792 the states ratified 10 amendments: Bill of rights
B. Imposed limits on national gov't, not on state gov'ts
C. Civil liberties: "negative rights"- freedoms that are guaranteed to the individual
1. Restraints on gov't
2. Declare what gov't cannot do
D. Civil rights: "positive rights"- powers and privileges that are guaranteed to the individual and protected against arbitrary removal
at the hands of the gov't or other individuals.
1. Declare what gov't must do or provide
II. Freedom of Religion
A. Establishment clause: prohibits laws establishing religion
B. Free Exercise clause: prevents the gov't from interfering with the exercise of religion
C. Gov't cannot promote nor inhibit religious beliefs or practices.
III. Establishment clause
A. Gov't support of religion
1. Lemon v. Kurtzman
a. must have a secular purpose
b. primary effect must not be to advance or inhibit religion
c. must not entangle the gov't excessively with religion
2. Agostini v. Felton
a. only gov't neutrality toward religion was required by the 1st amend.
3. Lynch v. Donnelly
B. School prayer
1. Gov't may not conduct a religious exercise in the context of a school event.
IV. Free-exercise Clause
A. Working on the Sabbath
1.Sherbert v. Verner
a. Strict scrutiny: law may be upheld only if the gov't can demonstrate that the law is justified by a "compelling gov't interest" and is the least restrictive means for achieving that interest.
B. Using drugs as sacraments
1. Partaking of illegal substances as part of a religious sacrament forces believers to violate the law.
V. Freedom of Expression
A. Press Clause: prohibited only the imposition of prior restraint
1. Censorship before publication
B. Free-expression clauses: press and speech clauses of 1st amend.
C. Freedom of Speech
1. Clear and present danger test: means by which the Supreme Court has distinguished b/t speech as the advocacy of ideas, which is protected by the 1st amend., a speech as incitement, which is not protected.
2. Symbolic expression: receives less protection than pure speech
a. Tinker v.Des Moines Independent County School District
3. Order v. Free Speech: Fighting words and Threatening expression
a. Fighting words: speech not protected by the 1st amend b/c it inflicts injury or tends to incite an immediate disturbance of the peace.
b. Cohen v. California
c. Reno v. ACLU
4. Free speech vs. order: Obscenity
a. states can regulate or ban obscenity but not the constitution
b. Miller v. California
1. work is obscene if:
5. Feminism, Free expression and equality1) it appeals to prurient interests
a. pornography is a form of discrimination that denies equal opportunities in society
b. pornography is central in creating and maintaining gender as a category of discrimination
c. pornography is a systematic practice of exploitation and subordination based on sex, imposing differential harms on women.
D. Freedom of the Press
1. Defamation of Character
a. Libel is the written defamation of character
2. Prior restraint and the press
a. Prior restraint places and unacceptable burden on a free press
3. Freedom of expression vs. maintaining order
a. Freedom of press does not override the requirements of law enforcement
E. Rights to Assemble peaceably and to petition the gov't
VI. Right to Bear Arms
A. 2nd Amend
1. A well-regulated militia bring necessary to the scrutiny of a free state, the right of the people to keep and bear arms shall not be infringed.
VII. Applying the Bill of Rights to the States
A. Bill of Attainder: law that pronounces an individual guilty of a crime w/out a trial
B. Ex post facto law: law that declares an action to be criminal after it has been performed.
C. Obligation of contracts: the obligation to the parties in a contract to carry out its terms
D. 14th Amend: Due process of law
E. Fundamental Freedoms
1. Palko v. Connecticut
a. violated the protection against double jeopardy guaranteed to him by the 5th amend.
F. Criminal procedure: meaning of constitutional guarantees
1. Miranda warnings
a. right to remain silent
b. anything you say can be used against you in court
c. right to a lawyer of your choice
d. if cannot afford an attorney, one will be provided w/out charge
2. Exclusionary rule: judicial rule that states that evidence obtained in an illegal search and seize cannot be used in trial
3. Good faith exception: state could introduce at trial evidence seized on the basis of a mistakenly issued search warrant.
[Note: later editions added The USA-PATRIOT Act, and Detainees and the War on Terrorism]
VIII. 9th Amend. and Personal Autonomy
a. Controversy: from privacy to abortion
1. Griswold v. Connecticut: struck down statute that made the use of birth control devices a crime.
2. Roe v. Wade: declared unconstitutional a Texas law making it a crime to obtain an abortion except for the purpose of saving a woman's life
B. Personal autonomy and sexual orientation
1. Bowers v. Hardwick: constitution does not protect homosexual relations b/t consenting adults, even in the privacy of their own homes.
[NOTE: Bowers was, only a decade later, reversed by the Supreme Court in Lawrence v Texas.]
Hank Sforzini, 2002
Two Conceptions of Equality
-most Americans support equality of opportunityThe Civil War Amendments: 13th , 14th , 15th
The Dismantling of School Segregation
-Plessey v. Ferguson (separate but equal doctrine)The Civil Rights Movement
-civil disobedience – boycottCivil Rights for Other Minorities
-Native AmericansGender and Equal Rights: The Women’s Movement
-protectionism (the notion that women must be sheltered from life’s harsh realitiesAffirmative Action: Equal Opportunity or Equal Outcome
-affirmative action is a commitment . . . to expand opportunities for minority groups
Chapter 17: Policymaking
Hank Sforzini, 2002
Government Purposes and Public Policies
--sometimes policies are carefully developed and effective-four broad types: they prohibit, protect, promote, or provide
-some policies are intended to prohibit behaviors that endanger society
-policies can also protect activities, business markets, or special groups
-policies can also promote social activities
--one way is by persuasion (buying bonds or joining the army)-public policies can provide benefits to citizens, either collectively or selectively
The Policymaking Process
--different kinds of policies affect the political process in different ways-whether a policy is intended to prohibit, protect, promote, or provide does not fully predict the level of public involvement it will generate, the degree to which it will mobilize affected constituencies, or the degree of competition it will spark between organizations working on different sides of the same issue
-a policymaking model
--agenda setting is the part of the process in which problems are defined as political issues
-multiplicity and fragmentation
--fragmentation is often the result of competing goals espoused by different parts of the government
--the government can overcome fragmentation by coordination of different elements of government
The Non-Profit Sector
-nonprofits are neither governmental organizations
nor private sector organizations
--such networks include members of congress, committee staffers, agency officials, lawyers, lobbyists, consultants, scholars, and public relation specialists-in a number of ways, issue networks promote pluralist democracy
-they are open systems, populated by a wide range of interest groups
-decision making is not centralized in the hands of a few key players
-policies are formulated in a participatory fashion
-although expertise is an important factor in bringing interest groups into the decision-making process, it is not the only one
-although issue networks promote pluralism, majoritarian influences on policymaking are still significant
-the broad contours of public opinion can be a dominant force on highly visible issues
A. Laissez-faire economics: absence of gov't control.
B. Keynesian Theory
1. Economic depression: periods of high unemployment and business failures.
2. Inflation: price increases that decreases the value of currency.
3. Business cycle: expansions and contractions of business activity.
4. Aggregate demand: money available to be spent for goods and services by consumers,
businesses and gov't.
5. Productive capacity: total value of goods and services that can be produced when the
economy works at full capacity.
6. Gross domestic product: total value of the goods and services produced by a county during
7. Keynesian theory: holds that aggregate demand can be adjusted through a combination of
fiscal and monetary policies.
8. Fiscal policies: Economic policies that involve gov't spending and taxing.
9. Monetary policies: Economic policies that involve control of, and changes in the supply of
10. Deficit financing: spending in excess of tax revenues to combat economic slump
11. CEA: group that works w/in the executive branch to provide advice on maintaining a stable
C. Monetary Policy
1. Monetarists: those who argue that gov't can effectively control the performance of an
economy only by controlling the supply of money.
2. Federal reserve system: system of banks that acts as the central bank of the U.S. and
controls major monetary policies.
D. Supply-side economics
1. Economic policies aimed at increasing the supply of goods (as opposed to increasing
demand) consisting mainly of tax cuts for possible investors and less regulation of
II. Public Policy and the Budget
A. Nature of the Budget
1. Fiscal year: 12 month period from Oct 1 to Sep. 30 used by the gov't for accounting
2. Budget authority: amounts that gov't agencies are authorized to spend for their programs.
3. Budget outlays: amounts that gov't agencies are expected to spend in the fiscal yr.
4. Receipts: For a gov't, the amount expected or obtained in taxes and other revenues.
B. Preparing the President's Budget
1. Office of Management and Budget: budgeting arm of the Executive Office; prepares the
C. Passing the Congressional Budget
1. Traditional Procedure: Committee Structure
a. Tax Committees: 2 committees of congress responsible for raising the revenue with which
to run the gov't.
b. authorization committee: committee of cong. that decide which of the programs passed
by the authorization committee will actually be funded.
D. Reforms of 1970s: Budget Committee Structure
1. Budget committees: 1 committee in each house of Cong. that supervises a comprehensive
budget review process.
2. Congressional Budget Office: budgeting arm of Cong., which prepares alternative budgets
to those prepared by the president's OMB
E. Lessons of the 1980s: Gramm-Rudman
1. Popular name for an act passed by Cong. in 1985 that, in its original form, sought to lower
the national deficit to a specified level each year., culminating in a balanced budget in Fiscal
Year 19991. New reforms and deficit targets were agreed on in 1990.
F. Reforms of the 1990s: Balanced Budgets
1. Budget Enforcement Act: 1990 law that distinguished b/t mandatory and discretionary
2. Mandatory spending: in the Budget Enforcement Act of 1990, expenditures required by
3. Discretionary spending: in the Budget Enforcement Act of 1990, authorized expenditures
from annual appropriations.
4. Entitlement: a benefit to which every eligible person has a legal right and that the gov't
5. Pay-as-you-go: in the Budget Enforcement Act of 1990, the requirement that any tax cut or
expansion of an entitlement program must be offset by a tax increase or other savings.
6. Balanced Budget Act (BBA): 1997 law that promised to balance the budget by 2002.
III. Tax Policies
A. Tax Reform
1. Progressive taxation: rich pay proportionately higher taxes than the poor.
IV. Spending Policies
A. Incremental Budgeting: method of budget making that involves adding new funds onto the
amount previously budgeted.
B. Uncontrollable Spending:
1. Uncontrollable outlay: payment gov't must make by law
V. Taxing, Spending, and Economic equality
A. Gov't effects on economic equality
1. Transfer payment: payment by gov't to an individual, mainly through social security or
Chapter 18: Economic Policy
Theories of Economic Policy
-laissez-faire economics (absence of government
control) (Adam Smith)
--supply side economics resembles laissez-faire economics because it prefers lesspublic Policy and The Budget
-control of the budget is important to members of congress because they are politicians
--politicians want to wield power not watch someone else wield it
-today the president prepares the budget and congress approves it
-the nature of the budget
--budget authority-preparing the president’s budget (Office of Management and Budget (OMB))
-passing the congressional budget (the president’s budget must be approved by Congress)
-the traditional procedure
--tax committees-reforms of the 1970s: the budget committee structure
-lessons of the 1980s: Gramm-Rudman (this 1985 act mandated that the budget deficit be
lowered to a specified level each year until the budget was balanced by FY 1991)
-reforms of the 1990s: balanced budgets
--Budget Enforcement Act (BEA) of 1990Tax Policies
--such proposals are usually so heavily influenced by interest groups looking for special
benefits that they end up working against their original purpose
--the bureaucratic explanation for spending increases involves incremental budgeting
--between 1966 and 1999, after many billions of dollars had been spent on social-although the US is a democracy that prizes political equality for its citizens, its record in
promoting economic equality is not as good
-one theory is that interest group activity in a pluralist democracy distorts government’s
efforts to promote equality
---corporations and organized groups with an upper-income slant as exerting political
Janda 18: Economic Policy
Dustin Averette, 2002
I. Theories of Econcomic Policy
a. Laissez-Faire Economics
- Laissez-Faire economic policy is the theory that describes the absence
of government in all policies (economic). The theory states that
economic competition weeds out the weak and preserves the strong.
In the process, the economy prospers and everyone benefits
b. Keynesian Theory
c. Monetary Policy
d. Supply-side Economics
II. The Budget
Breaking Down the Budget
Preparing the President's Budget
-Budget Enforcement Act: 1990 law that distinguished between manditory
-Balanced Budget Act: 1997 law that promised to balance the budget by 2002.
III. Economic Equality (Janda
18 and Galbraith 84)
Janda Ch. 19: Domestic Policy
by Tiffany Holley, 2004
I. Gov't policies and Individual Welfare
II. Social Insurance
IV. Health Care
Chapter 19: Domestic Policy
-Public Policy-general plan of action adopted by
the government to solve social problem, counter a threat, or pursue an
Janda ch. 20: Global Policy
by Tiffany Holley, 2004
A. Foreign policy: general plan followed by a nation in defending and advancing its Nat'l
interests, especially its security against foreign threats.
B. Constitutional Bases of Presidential Authority in Foreign Policy
1. Commander in Chief
2. Power to make treaties
3. Appoints U.S. ambassadors and heads of executive department
4. Receives ambassadors from other countries
C. Constitutional bases of Congressional Authority in Foreign Policy
2. declare war
3. raise revenue and dispense funds
4. support, maintain, govern, and regulate the army and navy
5. call out state militias to repel invasions
6. regulate commerce for foreign nations
7. Define and punish piracy and offenses against the law of nations.
D.Executive Agreement: pact b/t the heads of 2 countries.
II. Making Foreign Policy
A. Department of State
1. helps formulate Amer. Foreign policy and then executes and monitors it worldwide.
B. Department of Defense
1. Promote unity and coordination among the armed forces and to provide the modern bureaucratic structure needed to manage America's greatly expanded peacetime military.
C. National Security Council
1. Help the Pres. Mold a coherent approach to foreign policy by intergrading and
coordinating details of domestic, foreign, and military affairs that relate to national security.
D. CIA & intelligence community
1. Collecting, analyzing, evaluating, and circulating intelligence relating to Nat'l security matters.
III. Review of U.S. Foreign Policy
A. Isolationism: foreign policy of w/drawal from int'l political affairs
B. Cold War: prolonged pd. Of adversarial relations b/t the 2 superpowers, the U.S. and the S. U. . During the cold war, which lasted from the late 1940s to late 1980s, many crises and confrontations brought the superpowers to the brink of war, but they avoided direct military conflict w/each other.
C. Containment: basic U.S. policy toward the S.U. during the cold war, according to which the Soviets were to be contained w/in existing boundaries by military, diplomatic, and economic means, in the expectations that the Soviet sys would decay and disintegrate.
D. NATO: dedicated to the defense of member countries in Europe and N. America.
E. Nation Building: policy once thought to shore up Third World Countries economically and democratically, thereby making them less attractive targets for Soviet opportunism.
F. Nixon Doctrine: restricted U.S. military intervention abroad absent a threat to its vital Nat'l interests.
G. Peace through strength: Reagan's policy of combating communism by building up the military, including aggressive development of new weapons sys.
H. Enlargement and Engagement: Clinton's policy, following the collapse of communism, of increasing the spread of market economics and increasing the U.S. role in global affairs.
I. Global policy: plan for defending and advancing Nat'l interests, but it includes social and environmental concerns among Nat'l interests.
IV. Global Policy Issue Areas
Chapter 20: Global Policy
Making Foreign Policy: The Constitutional Context
--only the president can make treaties, but the senate can break treaties thereby rejecting those made by the president-constitutional roots of statutory powers in foreign policy (War Powers Resolution (1973))
Making Foreign Policy: Organization and Cast
-the Department of StateA Review of US Foreign Policy
-isolationism – a foreign policy of withdrawal from international public affairs
--the Monroe Doctrine – US policy in the Americas
-Cold War and containment
--to frustrate Soviet expansionist designs Americans prepared to wage a new kind of warSoviet expansionism
---to counter the Soviets, the US also followed policies aimed at nation building in the developing countries, the so-called Third World-Vietnam and the challenge to the Cold War consensus
--the Nixon Doctrine restricted US military intervention abroad absent a threat to its vital national interest-the end of the Cold War
--peace through strength - Ronald Reagan’s policy of combating communism by-foreign policy without the Cold War
--the Clinton administration replaced the Cold War policy of containment with a policy of enlargement and engagement-from foreign policy to global policy
--like foreign policy, global policy is a plan for defending and advancing national interests, but unlike foreign policy, it includes social and environmental concerns among national interestsGlobal Policy Issue Areas
-global policy deals with intermestic problems – those that blend international and
-investment and trade
--free trade is an economic policy that allows businesses in different nations to sell and buy goods without paying tariffs or other limitations-human rights, poverty, and foreign aid
--environmental issues pose new and vexing challenges for foreign policy makersThe Public and Global Policy
-the public and the majoritarian model (classical theory of democracy in which govt. by
the people is interpreted as govt. by the majority of the people (p.39))
-interest groups and the pluralist model (interpretation of democracy in which govt. by
the people is taken to mean govt. by people operating through competing interest