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Lecture 1.1: The Road to Revolution What factors drive people to pursue revolution? Oppression and Injustice ○ Political oppression; economic inequality; social injustice Nationalism and the Desire for Self-Determination ○ Colonial rule; ethnic or cultural identity Ec...

Lecture 1.1: The Road to Revolution What factors drive people to pursue revolution? Oppression and Injustice ○ Political oppression; economic inequality; social injustice Nationalism and the Desire for Self-Determination ○ Colonial rule; ethnic or cultural identity Economic Crises ○ Poor governance; inflation; unemployment Charismatic Leadership Failure of Reforms ○ Peaceful means are no longer an option Inspiration from other revolutions ○ Arab Spring (2011) – Tunisia The British Empire in the Americas Seven Years’ War + cost of stationing British troops in the Americas = DEBT To try and repay their debt England began taxing its American colonies Sugar Act (1764) The act levied taxes on a number of products including sugar, molasses, etc. A major departure from how Great Britain previously engaged with the American colonies Regulation → Taxation Stamp Act (1765) Direct tax on various products Stamp Act Resistance In England In the colonies Quartering Act (1765) Required colonies to provide room/board to troops to increase the defense of British territories The Colonists Resist Massachusetts Assembly (in a draft petition without the approval of the Council) “We look upon those duties as a tax and which we humbly apprehend ought not to be laid without the representatives of the people affected by them” Tea Act (1773) Gave the East India Company the exclusivity right to sell tea, effectively monopolizing the market Also, impose a tax on the tea Boston Tea Party December 1773 Boston Harbor  342chests of tea ○ $1.7 million (2024) The Coercive (Intolerable) Acts of 1774 Intended to punish the Massachusetts colonists for the Boston Tea Party, but had ramifications for all 13 colonies British Parliament announced the closure of the Boston Harbor until the city paid for the tea they dumped Massachusetts Government Act ○ Reduced the number of local town hall meetings that could be held each year ○ Threat to local government and autonomy Continental Association Called for an end to British imports starting in December 1774 and an end to exporting goods to Britain in September 1775 Enforced by local and colony-wide committees of inspection Many colonial leaders hoped these efforts would bond the colonies together economically Thomas Paine Wrote one of the most influential political writings that advocated for American independence ○ Common Sense (Jan. 1776) “We were blind, but on reading these enlightening words the scales have fallen from our eyes” The Second Continental Congress ( 1775) Continental Army ○ George Washington appointed Commander-in-Chief Olive Branch Petition Drafting the Declaration of Independence The draft of the Articles of Confederation approved  Lecture 2.1: The Constitution Social Contract Theory Agreement between the people and government We are born free and equal with natural rights Some liberties (natural rights) are given up ○ Remainder are protected ○ Consent of the governed John Locke In his Second Treatise of Government (1689)... Natural rights ○ Inalienable ○ Core 3: life, liberty, and property Consent of the governed ○ The government must protect these rights ○ The power vested in the people ○ Social Contract Theory The Articles of Confederation First constitution ○ Passed in 1777, ratified in 1781 Congress had limited power ○ No power to tax ○ No uniform currency ○ Unenforceable trade agreements No independent executive or judiciary Sought to prevent tyranny ○ Abuse of power Failure of the Articles Congress was too weak No power to tax ○ No defense No enforceable trade agreements No executive/judiciary Post-war Economy Following independence, economic depression led to unrest and a number of local rebellions against the government Individuals unable to pay taxes/debts face jail time/seizure of property Shay’s Rebellion The largest rebellion against the state governments was led by Daniel Shays in Massachusetts  The rebellion was a reaction to the threat of property seizure, and incarceration, including those who fought in the revolution like Shays What Shays’ Rebellion Exposed… The federal government could not provide assistance during Shays’ Rebellion because they could not pay troops that it was given the power to raise States had sole control over the tax policy; therefore the national government had no way to pay for even its limited functions The Constitutional Convention (The Second Try 1787) Basic Structure 1. The Constitution defines the structure of our government 2. Explains how elected representatives are chosen 3. Separation of powers and checks and balances: a. Legislative b. Executive c. Judicial A Document of Compromise Conflict of interest arises among the delegates between: ○ Northern/Southern States ○ Small/Large States Which is still reflected in today’s debates: ○ Electoral College ○ State vs Federal power New Jersey Plan Unicameral legislature Legislative representation should be based on equal representation ○ 1 state = 1 vote Favored by small states Virginia Plan Bicameral legislature Representation based on population Advanced by James Madison Stronger federal government The Great [Connecticut] Compromise Bicameral legislature ○ House of Representatives Representation is based on population ○ Senate Based on equal representation Each state, no matter their population, will have two senators Three-Fifths Compromise Until the Civil War, this gave slave states disproportionate influence and representation in the House of Representatives Questions with no clear answer There is no limit of House members in the Consitution, this was capped by Congress in 1929. 1. Should representation in the House be capped? 2. Should it, at the very least, be increased? Why or why not? Basic Principles of the Constitution Republicanism Federalism Separation of Powers Checks and Balances Amending the Constitution (V) ○ Why a state role? Ratification of the U.S. Constitution Federalists ○ Supported the new constitution ○ Advocated for a stronger national government Anti-federalists ○ Opposed ratification ○ Supported stronger local and state governments ○ The Constitt does not do enough to protect the rights of states and individuals Federalists Papers 85 essays written by Alexander Hamilton, James Madison, and John Jay Published anonymously, signed “Publius” Their goal was to urge New Yorkers to support the ratification of the Constitution Anti-Federalists - Brutus No. 1 Recognized the flaws of the Articles, but also had numerous reservations about the new constitution ○ Threat to individual and state rights Need different ways to constrain the national government The role and voice of the people will be diminished The Bill of Rights Demanded by the anti-federalists, particularly George Madison The first 10 amendments to the Constitution Designed to protect individuals from the national government ○ Not the states (...this comes later!) Republicanism Based on popular consent The term “people” is narrowly defined Indirect rule by the people Elected representatives as trustees Democracy Based on popular consent The term “people” is broadly defined Direct or indirect rule by the people Elected representatives as delegates The Constitution is… Intentionally vague ○ Allows for interpretations to shift with changing norms Difficult to change ○ Requires ⅔ supermajority in both houses ○ Must then be ratified by ¾ of the states Undemocratic Elements Slavery ○ 3/5ths Compromise (Article I, Section 2) ○ 1808 Cause (Article I, Section 9) Suffrage ○ Women/non-whites had no voting power Electoral College vs popular vote Choosing senators ○ Originally chosen by state legislatures Equal representation in the Senate ○ Disproportionate voting power Judicial power ○ Significant power but are appointed, not elected Disproportionate Representation California = 39 million = 2 Senators Nevada = 3 million = 2 Senators ○ (13x the voting power) 26 smallest states (majority of Senate) = 11% African American and Latino 9 largest states (majority of people) = 30% African American and Latino  Lecture 3.1: Civil Liberties Civil Liberties Restraining the government’s actions against individuals ○ “Congress shall make no law…” What about the states? The 14th amendment ○ “No state shall deny any person within its jurisdiction the equal protection before the laws” Began the process of incorporation Selective Incorporation “No state shall…” Supreme Court decides on a case-by-case basis ○ Interpret the amendment ○ Apply it to the states A case has to be presented before the court before an amendment from the Bill of Rights is incorporated to the states First Amendment Freedom of religion, speech, press, assembly, and petition Freedom of Religion Separation of church and state In the words of Thomas Jefferson, “a wall must be erected to separate church and state.” Establishment Clause: forbids government from establishing or sponsoring a religion Free exercise clause: prevents government from interfering with religious practices However, not all practices/actions are totally protected Not an issue in the early republic ○ Left to states to legislate Free exercise of religion ○ Beliefs versus actions ○ Beliefs cannot not be infringed upon ○ Practices must not violate other laws The Patient Care and Affordable Care Act ○ Sebelius v. Hobby Lobby Stores (2013) Contemporary Conflicts State aid to church-related schools Prayer in schools Teaching evolution Posting the Ten Commandments Pledge of Allegiance (“under God”) Lemon Test - Lemon v. Kurtzman (1971) They must have a secular purpose (such as lending books to religious school students)  Their primary effect must not be to advance or inhibit religion They must not entangle the government excessively with religion Contradictions with certain applications of the test The Future of the test remains in the balance ○ Need more cases Freedom of Speech “Congress shall make no law…abridging Permitted restrictions ○ Speech is not restricted because of its content unless it is: Speech that presents a “clear and present danger” Advocacy vs incitement Schenck v. United States (1919) Freedom of Expression Slander (spoken) / Libel (written) ○ Defamation of character Actual malice Knew not true & intended to hurt Reckless disregard for the truth Freedom of Speech - Symbolic Speech Tinker v. Des Moines (1969) Symbolic Speech (non-verbal) Flag Burning: is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment Texas v. Johnson (1989) Overturned by the Supreme Court The Right to Assemble and Petition the Government Right to peaceably come together to organize and advocate We CAN ask the government for changes (petitions, gathering signatures) It can be limited in other ways: ○ EX: municipalities' right to offer permits Rights of the Accused vs Rights of Society Limits on the conduct of police officers and prosecutors Warren court of the 1950s-60s expanded the rights of the accused Rehnquist Court of the 1980s limited these Rights of the Accused 4th Amendment Search and seizure Exclusionary rule - Weekly v. U.S. (1914) ○ PROHIBITS ILLEGALLY SEIZED EVIDENCE FROM BEING USED Mapps v. Ohio (1961) - applied to states  Exceptions to the exclusionary rule: ○ Good faith ○ Inevitable discovery ○ Independent source ○ Attenuation doctrine ○ Impeachment exception 5th Amendment Immunity and self-incrimination Miranda v. Arizona (1966) ○ Miranda Rights Double jeopardy Due Process–must be fair Eminent Domain 6th Amendment Fair and speedy trial Representation ○ Gideon v Wainwright (1963) ○ Established the right to counsel in state courts Impartial jury Habeas Corpus 8th Amendment Excessive bail Cruel and unusual punishment Death penalty Furman v. Georgia (1972) The U.S. Patriot Act Enhances government ability to investigate suspects ○ Records held by third parties ○ Sneak and peek searches ○ Wiretapping, electronic surveillance  Lecture 3.2: Civil Rights Civil Liberties vs Civil Rights Civil liberties: rights upon which the government cannot encroach Civil rights: ○ What the government must do to ensure equal protection and freedom from discrimination Anti-discrimination laws Equal Protection Who is entitled to equal protection? ○ Race ○ Gender ○ Religion ○ Sexual orientation Dred Scott v. Sanford (1857) Scott was a slave who resided in a territory where he could be free, before returning to Missouri (a slave-holding state) He petitioned for his freedom based on prior residency in a free state In a 7-2 decision, the Surpreme Court ruled the federal government could not prevent slavery in the territories ○ Moving to a free state did not result in emancipation ○ Also held that Congress could not prevent slavery in the territories, voiding the Missouri Compromise Argued that the Framers had not intended Black people to be citizens. They therefore enjoyed, “no rights which a white man was bound to respect.” They also argued that federal law that interfered with the right of an individual to his property was unconstitutional The Civil War begins 4 years after this decision The Civil War Southern states threatened secession in response to Republican pledges to limit slavery Secession was motivated by the issue of slavery, the war began over the issue of secession from the Union The Reconstruction (Civil War) Amendments 13th Amendment: outlaws slavery (1865) 14th Amendment: Made all people born or naturalized in the US–regardless of race–citizens of the country and state in which they lived (1868) 15th Amendment: protected male citizen’s right to vote regardless of race (1870) The 14th Amendment 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; nor deny to any person within its jurisdiction the equal protection of the law The Reconstruction Amendments The Reconstruction period has been called a “Second Founding” ○ Significant expansion of rights and democracy in the United States Shift away from the inegalitarianism that had been part of America since its founding The Equal Protection Clause is still one of the primary justifications for expanding rights in America ○ Loving v. Virginia; Obergefell v. Hodges Freedmen’s Bureau Set up in 1865 to assist in the transition from slavery in the South Lasted until 1872, White hostility in the South lasted longer Retrenchment By 1877, all former Confederate states had reverted to White democratic control Significant backlash against Constitutional reforms guaranteeing the rights of Black people Lack of political and societal will to truly protect the rights of African Americans Black people may have had the right to vote but there were ways of limiting/preventing participation in former Confederate states: ○ Poll taxes ○ Literacy tests ○ Grandfather clauses Exempted those who could vote in 1886/87 or their descendants from educational, property, or tax requirements for voting ○ White primaries The Lost Cause In 1894, the United Daughters of the Confederacy was formed They would eventually have more than 100,000 members Engaged in a campaign to create monuments to the Confederacy and men like Lee not only in the South but nationally ○ More than 1500 would be built The UDC would also look to further reform the image of the Confederacy They would push a narrative that the Civil War was not about slavery but about states’ rights They sought to change how the Civil War was taught ○ The Civil War was fought over states’ rights, not slavery ○ Master’s were kind, not cruel Offered prizes for positive essays on the Confederacy Recruited teachers, school board members  Push a narrative that there was a “bright side” to slavery The Lost Cause becomes an entrenched narrative even outside the South ○ Southern Democrats would fully embrace this narrative, as well as the necessity of segregation Plessy v. Ferguson (1896) Homer Plessy challenged the “white-only” railroad cars in Louisiana Supreme Court rules that “separate but equal” is Constitutional ○ Does not advantage one race over another ○ Racial instincts may produce violence if people mixed The Move Towards Desegregation 1948 - President Truman orders desegregation of the armed forces 1954 - Brown v. Board of Education ○ 1955 - Brown v. Board of Education II “With all deliberate speed” 1957 - Little Rock Nine 1963 - Children’s Crusade Civil Rights Legislation Civil Rights Act of 1964 ○ Forbade discrimination on the basis of race, color, religion, gender, and national origin in… Voter registration Public accommodations Public schools Employment/hiring 24th Amendment (1964) ○ Banned poll taxes in national elections Voting Rights of 1965 ○ Outlawed literacy tests ○ In areas with a history of minority disenfranchisement: Federal examiner appointed to ensure no voter intimidation Any changes to voting laws required approval by the DOJ/D.C. District Court Language assistance is provided if a large portion of the population isn’t proficient in English ‘ Women’s Rights Protectionism - the notion that women must be protected from life’s cruelties ○ Childe-like 19th Amendment (1920) ○ Granted women the right to vote Economic, social, and political equality LGBTQ+ Rights Following the Civil Rights era Stonewall Riots - NY ○ Springboard for the gay liberation movement Clinton (1993) - “don’t ask, don’t tell” policy ○ Repealed in 2010 - allows members of the LGBTQ community to openly serve in the military 2008 - right to same-sex marriage in CA (prop 8) 2015 - Obergefell v. Hodges ○ States must allow and recognize same-sex marriages  Lecture 4.1: Congress Gender and Party Men account for the majority of members who serve in Congress ○ 2021-2022 Men: 400 Women: 155 ○ 2019-2020 Men: 417 Women: 132 The total number of women in Congress has increased every election since the '90s Democratic women run for Congress at a higher rate than Republican women Descriptive Representation The belief that “constituents are most effectively represented by legislators who are similar to them in such key demographic characteristics as race, ethnicity, religion, or gender.” Vs. substantive representation Career Legislators Since 1950, 90% of the House incumbents ordinarily have run for reelection, and well over 90% of them have won Sitting senators are more vulnerable than are House incumbents, but their post-1952 reelection rate still exceeds 80% The Incumbency Effect Incumbency Advantage - why? ○ Experience ○ Name recognition ○ Voting record/credit claiming ○ Pork barreling - “pork projects” ○ MONEY! Media coverage Resources of their staff Franking privilege PAC/Interest group contributions Gerrymandering Gerrymandering Gerrymandering is the practice of redrawing district lines to advantage one party over another Elbridge Gerry, who as governor of MA drew a district some said resembled a salamander Before Gerrymandering Can Occur… 1. Census 2. Reapportionment 3. Census The national census occurs every ten years ○ Demographics ○ Population shifts Step #1 in determining the number of seats each state will receive in the House of Representatives Reapportionment Reallocation of House seats to each state after each census ○ To accommodate shifts in population For a state to gain seats, those seats need to be carved out from another state ○ Moving around the same 435 seats ○ Federal government is in charge of this part of the process Redistricting The redrawing of district boundaries/lines within each state ○ This step is completed by the states It is during this step that there is potential for gerrymandering How have we reduced gerrymandering? ○ Ruled that it is unconstitutional ○ Non-partisan redistricting committees CA - Voters First Act (2008)  Lecture 5.1: The Presidency Requirements Natural born citizen 35 years of age 14 yr. resident Constitutional Powers–Article II Commander in chief Chief Ambassador Reprieves and pardons Treaties and appointments State of the Union Power to Convene and Adjourn Congress Veto Electing the President Primary ○ Parties are determining their nominee for the general election February-June General election - November Delegates will cast a state’s winner at the party’s convention over the summer The general election is held on the first Tuesday after the First Monday in November The presidential election happens every 4 years Electoral College The process by which we elect the president in the U.S. The president is elected when he/she receives 270 electoral votes ○ There are 538 Electoral College votes up for grabs 435 House reps + 100 Senators + 3 for D.C. How many votes does each state have? ○ # of reps in the House + 2 Senators ○ EX. California 52 House reps + 2 Senators = 54 electoral votes Electoral College The E.C. means that a candidate can with the popular vote but still lose the election ○ 1824 - Andrew Jackson ○ 1876 - Samuel Tilden ○ 1888 - Grover Cleveland ○ 2000 - Al Gore ○ 2016 - Hillary Clinton Expansion of Presidential Powers New Deal: the beginning of the modern “presidency” ○ The president is expected to play a greater role in domestic affairs  ○ One of the strongest determinants of whether or not a president will be re-elected or have high/low approval rating in the state of the economy Commander-in-Chief Only Congress can declare war, but there has been a side-stepping of war-time powers: ○ Korea & Vietnam–no formal declaration of war War Powers Resolution of 1973 addressed this: ○ Congress must be notified within 48 hours of committing troops ○ Cannot remain more than 60 days without authorization or declaration of war Congress has not declared war post-WWII Presidents have been increasing discretion for initiating conflict post-9/11 “Authorization for the use of military force” Chief Diplomat Responsible for negotiating international agreements & treaties ○ Require congressional support The president is seen as the “face” of America Withdrawal from agreements ○ Trump and the Paris Accord Negotiating trade deals or starting trade wars Executive Orders Presidential directives that carry the force of law ○ Until a successor retracts it ○ Congress can nullify it or a federal court can rule it unconstitutional Helps ensure laws are being “faithfully executed” Use over time? Growing use to shape immigration policy today President’s Support System White House Staff Executive Office of the President Vice President Cabinet White House Staff Chief of Staff National security advisor Press secretary Special assistants Economic advisors Executive Office of the President Office of Management and Budget (OMB) Council of Economic Advisors (CEA) National Security Council (NSC)  Intelligence Advisory Board (IAB) Cabinet Unofficial but traditional ○ Every president has one Composition ○ Vice President ○ Heads of Executive Departments ○ Whomever the president wants Removing the President Impeachment: the House can impeach the president for treason, bribery, high crimes, or misdemeanors. The latter two are vaguely defined ○ A simple majority (218) in the House to pass articles of impeachment ○ ⅔ majority in the Senate required to remove the president The Vice President Constitutional responsibilities ○ First in line for presidential succession ○ President of the Senate Tie-breaking vote Balance the ticket Changing role