1. civil liberties-sometimes referred to as "negative rights," are freedoms that are guaranteed to the individual. The guarantees take the form of restraints on government.
2. civil rights-are powers and privileges that are guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals.

1. establishment clause-prohibits laws establishing religion. "Congress shall make no law respecting an establishment of religion" bars government sponsorship or support of religious activity.
2. three pronged test for determining the constitutionality of government programs and laws under the establishment clause:
1. they must have a secular purpose (such as lending books to parochial school students)
2. their primary effect must not be to advance or inhibit religion
3. they must not entangle the government excessively with religion

1. prior restraint-censorship before publication
2. free expression clauses-the press and speech clauses of the First Amendment
1. clauses are deemed to bar most orms of prior restraint as well as after- the-fact prosecution for political and other discourse
2. government can regulate or punish the advocacy of ideas, but only if it can prove an intent to promote lawless action and demonstrate that a high probability exists that such action will occur.
3. Government may impose reasonable restrictions on the means for communicating ideas, restrictions that can incidentally discourage free expression

5. fighting words-words that "inflict injury or tend to incite an immediate breach of the peace"_do not convey ideas and thus are not subject to First Amendment protection
6. Free Speech Versus Order: Obscenity-The Supreme Court has always viewed obscene material-whether in words, music, books, magazines, or films-as being outside the bounds of constitutional protection, which means that states may regulate or even ban obscenity
7. Feminism, Free Expression, and Equality-civil liberties can conflict with demands for equality

8. Freedom of Press-the First Amendment guarantees that government "shall
make no law…abridging the freedom…of the press."

1. defamation of character-libel is the written defamation of character

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

Second Amendment

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….NoState 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 live, 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

Two Conceptions of Equality

-most Americans support equality of opportunity
-Americans are less committed to equality of outcome
-quota policies generate the most opposition
-civil rights are powers or privileges guaranteed to the individual and protected from arbitrary removal by the government or other individuals

The Dismantling of School Segregation

-Plessey v. Ferguson (separate but equal doctrine)
-Brown v. Board of Education (separate educational facilities are inherently unequal)
-Brown v. Board of Education II (school systems must desegragate "with all deliberate speed"

-civil disobedience – boycott
-civil rights act of 1964
-the continuing struggle over civil rights (Grove City College v. Bell) 
-racial violence and black nationalism

-Native Americans
-Hispanic Americans
-Disabled Americans
-Homosexual Americans (Boy Scouts of American V. Dale)

Gender and Equal Rights: The Women’s Movement

-protectionism (the notion that women must be sheltered from life’s harsh realities
-political equality for women (the 19^th Amendment gave women the right to vote)
-prohibiting sex-based discrimination (equal pay act of 1963 and the civil rights act of 1964)
-equal rights amendment (ERA) – a failed constitutional amendment

-affirmative action is a commitment . . . to expand opportunities for minority groups
-establishing numerical goals is the most aggressive form of affirmative action
-reverse discrimination (regents of the University of California re Bakke)
-the politics of affirmative action (the conflict between freedom and equality will continue as other individuals and groups press their demands through litigation and legislation

Government Purposes and Public Policies
-a public policy is a general plan of action adopted by a government to solve a social problem, counter a threat, or pursue an objective

--sometimes policies are carefully developed and effective
--sometimes they are hastily drawn and ineffective, even counterproductive
--all policies have in common that they are means by which government pursues goals in specific situations

--one way is by persuasion (buying bonds or joining the army)
--another way is through tax breaks

The Policymaking Process
-we distinguish between government policies according to their approach 

--different kinds of policies affect the political process in different ways
-the effect of policy 
--the pluralist nature of our policy making system often leads to compromise between different sectors on opposing sides of an issue

-a policymaking model

--agenda setting is the part of the process in which problems are defined as political issues
---issue definition is the way we think about a problem
--policy formulation is the part of the process in which formal policy proposals are developed and officials decide whether to adopt them
--policies are not self executing, implementation is the process by which they are carried out
--policy evaluation is the analysis of the results of public policy

---evaluating public policy is extremely difficult
---evaluation studies provide feedback

A Multiplicity of Participants

-multiplicity and fragmentation
--a single policy problem may be attacked in different and sometimes competing ways by government for many reasons
--at the heart of this fragmentation of policymaking is the fundamental nature of government in America

--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
-there are many different types of nonprofits but when we use the term we are usually referring to organizations that are considered "public charities" by the IRS
-not all nonprofits that qualify as public are social service providers
-the typical nonprofit is supported by a mix of private and government funds

Issue Networks
-an issue network is a shared-knowledge group consisting of representatives of various interests involved in some particular aspect of public policy

--such networks include members of congress, committee staffers, agency officials, lawyers, lobbyists, consultants, scholars, and public relation specialists

Theories of Economic Policy

-laissez-faire economics (absence of government control) (Adam Smith)
-Keynesian theory (aggregate demand can be adjusted through a combination of fiscal 
and monetary policies)
-monetary policies in the United States are under the control of the Federal Reserve 
System
-supply-side economics (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 business

--supply side economics resembles laissez-faire economics because it prefers less 
government regulation and less taxation

--budget authority
--budget outlays, or expenditures
--receipts (expected taxes and other revenues)

--tax committees
--authorization committees
--appropriation committees

--Budget Enforcement Act (BEA) of 1990
--Balanced Budget Act (BBA) (a 1997 law that promised to balance the budget by 2002)

Spending Policies
-the national government spends hundreds of billions of dollars every year
-there are two major explanations for the general trend of increasing government 
spending: one is bureaucratic, the other political

--the bureaucratic explanation for spending increases involves incremental budgeting
---in compiling their funding request for the following year, bureaucrats traditionally ask 
for the amount they got in the current year plus some incremental increase to fund new projects
--certain government programs are effectively immune to budget reductions, because 
they have been enacted into law and are enshrined in politics
---e.g., social security legislation guarantees certain benefits to program participants when they retire
----because these payments have to be made under existing law, they represent uncontrollable outlays

Taxing, Spending, and Economic Equality
-transfer payment is a payment by government to an individual through social security, 
unemployment insurance, food stamps, and other programs, such as agricultural subsidies
-transfer payments need not always go to the poor
-effects of taxing and spending policies over time 

--between 1966 and 1999, after many billions of dollars had been spent on social 
programs, the income gap between rich and poor had actually grown

---corporations and organized groups with an upper-income slant as exerting political 
power over and above the formal one-man-one-vote standard of democracy

            b.   Keynesian Theory 
                  - The Keynesian Theory of economic policy says that the aggregate 
                    demand can be adjusted through a combination of fiscal and 
                    monetary policies.  When demand is too low, according to Keynes, 
                    government should either spend either more itself, thus providing 
                    jobs and the ability to produce, or cut taxes, giving people more 
                    money of their own to spend.  When demand is too high, the 
                    government should raise taxes, thus giving people less money to 
                    spend. 

            c.   Monetary Policy 
                  -Monetary policy in the United States is under the control of the Federal 
                   Reserve System, which acts as the country's central bank, so to speak. 
                       -The Federal Reserve 
                         -The Fed controls the money supply, which has a direct affect of inflation 
                          in three ways.  One, it can change teh reserve requirement, which 
                          regulates the amount of cash that member banks have available to lend. 
                          It can also change the discount rate, which is the interest rate that 
                          the member banks have to pay to borrow money.  Finally, it can sell 
                          and buy government securities on the open market.  When buying, 
                          it pays money out, and when selling, it does the opposite. 
                 -The chairman of the Federal Reserve, the Board of Governors, and the Fed 
                   itself act as an independent body to Congress and the Presidency, and 
                   act almost alone when deciding policy. 

          d.    Supply-side Economics 
                 -A theory that argues that inflation can be lowered more effectively by increasing 
                  the supply of goods.  This theory is in favor of tax cuts, in order to stimulate 
                  investment, and less government interferance in business.  The benefits of 
                  investment will allow the excess to 'trickle down' to the working people, 
                  coming in the form of additional jobs and income.  This theory was used by 
                  Ronald Reagan during his term as president. 

II.    The Budget 
         a.    The Budget of the United States 
                 -The Budget of the United States is the annual plan that the president is 
                   required to submit to Congress as the start of each year.  The budget 
                   applies to the next fiscal year- October 1, 2001-September 30, 2002. 

        b.    Breaking Down the Budget 
                -The budget outlays many things: 
                    -Budget Authority 
                    -Budget Outlays 
                    -Receipts 

        c.    Preparing the President's Budget 
                -Done under the supervision of the Office of Management and Budget. 
                - The OMB initiates the budget process each spring by meeting with the president 
                   to discuss the economic situation and his budgetary priorities.  It then sends 
                   broad budgeting guidelines to every government agency and requests their initial 
                   projection of how much money will be needed.  By summer, the agencies are asked 
                   to prepare budgets based on the new guidelines.  By fall, budgets are submitted, 
                   and politicking begins.  After put together, the budget goes to Congress for 
                  the vote.  It goes through tax committees, Authorization committees, and 
                  Appropriation committees.  Then goes for a vote. 

        d.    Economic Legislation 
                -Gramm-Rudman: act passed by Congress in 1985 saying htat is would lower the 
                 national debt to a new level each year. 

                -Budget Enforcement Act: 1990 law that distinguished between manditory and 
                 discretionary spending. 

                -Balanced Budget Act:  1997 law that promised to balance the budget by 2002. 

III.    Economic Equality (Janda 18 and Galbraith 84) 
          - There has to be a balance between private and public goods and services.  The basic 
            issue is to seperate the needs of the private from the needs of the public, and deal 
            with them likewise.  Is there a test that can be administered so that we can tell 
            if there has been a balance made between public and private?  According to Galbraith 
            equilibrium could prove unhealthy for the economy and is not important.

I. Gov't policies and Individual Welfare 
        A. Growth of the American welfare state 
                1. Welfare state: nation in which the gov't assumes responsibility for the welfare of
its citizens, redistributing income to reduce 

                    social inequality. 
                2. Social Welfare programs: Gov't programs that provide the minimum living
standards necessary for all citizens

                3. The Great Depression: longest and deepest setback the Amer. Economy has
ever experienced.  Began w/the stock market

                    crash on Oct. 12, 1929, and didn't end until the start of WWII 
                4. The New Deal: measures advocated by the Roosevelt administration to alleviate
the Depression. 
                5. The Great Society: Pres. Lyndon Johnson's broad array of programs designed to
redress political, social, and economic  inequality. 
                        a. War on Poverty: a part of this programs that was intended to eradicate
poverty w/in 10 yrs. 
        B. Public Assistance: gov't aid to individuals who can demonstrate a need for that aid. 
                1. Entitlements: Benefits to which every eligible person has a legal right and that the
gov't cannot deny
               2. Poverty level: minimum cash income that will provide for a family's basic needs;
calculated as 3x the cost of a market basket of food that provided a minimally nutritious diet. 
                3. Feminization of Poverty: term applied to the fact that a growing percentage of all
poor Americans are women or the depend. Of women. 
                4. Welfare Reform 
                        a. Temporary assistance for Needy Families Act (TANF): 1996 nat'l act that
abolished the long-time welfare policy.

II. Social Insurance 
        A. a gov't backed guarantee against loss by individuals w/out regard to need. 
III. Social Security 
        A. Social Insurance that provides economic assistance to persons faced
w/unemployment, disability, or old age.  It is financed by taxes on employers and employees. 
        B. Origins of Social Security 
                1. Social Security Act: law that provided for social security and is the basis of
modern Amer. Social welfare.

IV. Health Care 
        A. Medicare: health-insurance program for all persons older than 65. 
        B. Medicaid: need-based comprehensive medical and hospitalization program. 
V. Education 
        A. Education and Equality 
                1. Head start: child development program serving the low-income children and their
families. 
VI. Benefits and Fairness 
        A. Means-Tested Benefits: conditional benefits provided by gov't to individuals whose
income falls below a designated threshold.

        B. Non-Means-Tested Benefits: benefits provided by gov't to all citizens, regardless of
income; Medicare and soc. Security are ex.
 
 

-Public Policy-general plan of action adopted by the government to solve social problem, counter a threat, or pursue an
objective 
    The Growth of the American Welfare State 
-Amost every modern state can be charecterized as a wellfare state 
-Social welfare programs are gov't programs to provide minimum living conditions necessary for citizens 
-Based on premise society has an obligation to provide basic needs to its members 
-The Great Depression was longest and deepest setback that American economy has ever experienced 
-New Deal-the measure advocated by the Roosevelt administration to alleviate the Depression 
-New Deal had 2 phases: 
        1. first phase ended in 1935, aimed at boosting prices and lowering unemployment through programs like the Civilian
Conservation Corp 
        2. second phase ended in 1938, aimed at aiding forgotten people such as poor ,aged, and farmers, hallmark of 2nd phase
is social security 
-The Great Society-programs designed to redress political, social, and economic inequality. A vital element was the War on
Poverty 
    Public Assistance 
-Public assistance-government aid to individuals who demaonstrate a need for aid 
-Categorical assistance programs include: 
        1. old age assistance for the needy elderlynot covered by pension benifits 
        2. aid to the needy blind 
        3. aid to needy famalies with dependent children 
        4. aid to totally and permanent disabled 
-Entitlements-benifits to which every eligible person has a legal right and gov't cannot deny 
-Social insurance- gov't backed protection against loss by an individual, regardless of need 
-First example was workers' compensation 
-Social security is social insurance that provides economic assistance to people faced with unemployment, disability, and old
age 
    Origins of Social Security 
-Social Security Act-cormerstone of the modern American welfare state 
-Framers developed 3 approaches: 
        1. provide in form of old-age and surviving-spouse benifits and cooperative state-national assistance 
        2. provide aid to the destitute in form of grants-in-aid to the states 
        3. provide health and welfare services through federal aid to the states 
    Medicare 
-Medicare-a health insurance program for all persons older than 65 
-Medicaid-a need based comprehensive medical and hospitalization program 
    Health Care Reform 
-U.S. health care system needs reform: 
        1. many Americans have no health insurance 
        2. cost of health care is rising faster than the cost of living 
-Two key goals: 
        1. any reform should democratize health care 
        2. any reform should control balloning cost of health care 
    Education and Equality 
-The Elementary and Secondary Act of 1965 provided direct national government aid the first time to local school districts 
    Education Reform 
-Two fundamental facts concerning the nat'l debate over education in the U.S.: 
        1. limited role of nat'l gov't in primary and secondary education 
        2. relatively high level of satisfaction most parents have with their local schools 

IV. Global Policy Issue Areas 
        A. Intermestic: issues in which international and domestic concerns are mixed 
        B. Free Trade: economic policy that allows businesses in different nations to sell and buy
goods w/out paying tariffs or other limitations.
        C. Comparative advantage: principal of int'l trade that states that all nations will benefit when
each nation specializes in those goods that it can produce most efficiently. 
        D. Fair Trade: Trade regulated by int'l agreements outlawing unfair business practices. 
        E. Managed Trade: gov't intervention in trade policy in order to achieve a specific result. 
        F. Protectionists: Those who wish to prevent imports from entering the country and therefore
oppose free trade 

Making Foreign Policy: The Constitutional Context
-a nations foreign policy is its general plan to defend and advance national interests, 
especially its security against foreign threats
-constitutional bases of presidential authority in foreign policy
-constitutional bases of Congressional authority in foreign policy
-the Senate has used its special powers to check presidential initiatives in foreign policy

--only the president can make treaties, but the senate can break treaties thereby rejecting those made by the president
---however, the president can skirt the senate through an executive agreement which is a pact between heads of countries concerning their joint activities 
----the Supreme Court has ruled that the president has power to make executive agreements

Making Foreign Policy: Organization and Cast

-the Department of State
-the Department of Defense
-the National Security Council
-the CIA and the intelligence community
-other parts of the foreign policy bureaucracy

--to frustrate Soviet expansionist designs Americans prepared to wage a new kind of war
---North Atlantic Treaty Organization (NATO) was created in 1949 to defend against 

---to counter the Soviets, the US also followed policies aimed at nation building in the 
developing countries, the so-called Third World

--the Nixon Doctrine restricted US military intervention abroad absent a threat to its vital national interest
--détente led to a reduction of tensions between the US and the Soviet Union in the early  1970s

--peace through strength - Ronald Reagan’s policy of combating communism by 
building up the military, including aggressive development of new weapons systems

--the Clinton administration replaced the Cold War policy of containment with a policy 
of enlargement and engagement
---enlargement meant increasing the number of democracies with market economies and also adding to the membership of NATO
---engagement meant rejecting isolationism and striving to achieve greater flexibility in a chaotic global era

--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 interests

--free trade is an economic policy that allows businesses in different nations to sell and 
buy goods without paying tariffs or other limitations
--fair trade is trade regulated by international agreements outlawing unfair business 
practices
--managed trade is where the government intervenes in trade policy in order to achieve a specific result
--protectionists are those who wish to prevent imports from entering into the country and therefore oppose free trade

--environmental issues pose new and vexing challenges for foreign policy makers