Guide to the govt

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Instructor Guide to the GOVT

Student Edition Chapter in Review Cards

Chapter 1 • The Contours of American Democracy


Introduction 3

What Are Politics and Government? 4

Resolving Conflicts 4 Providing Public Services 6 Defending the Nation and Its Culture 6

Different Systems of Government 7

Rule by One: Autocracy 7 Rule by Many: Democracy 7 Other Forms of Government 8

American Democracy 10

The British Legacy 10 Principles of American Democracy 11 American Political Values

12 Political Values in a Multicultural Society 14 American Political Ideology

15 The Traditional Political Spectrum 17 Ideology and Today’s Electorate 17

American Democracy at Work 18

The Big Picture 18 Who Governs? 19

Key Terms

authority The ability to exercise power, such as the power to make and enforce laws, legitimately. 4

autocracy A form of government in which the power and authority of the government are in the hands of a single person. 7

bicameral legislature A legislature made up of two

chambers, or parts. The United States has a bicameral legislature composed of the House of Representatives and the Senate. 11

conservatism A set of beliefs that includes a limited role for the national government in helping individuals and in the economic affairs of the nation, support for traditional values and lifestyles, and a cautious response to change. 16

democracy A system of government in which the people have ultimate political authority. The word is derived from the Greek demos (people) and kratia (rule). 7

dictatorship A form of government in which absolute power is exercised by a single person who has usually obtained his or her power by the use of force. 7

direct democracy A system of government in which political decisions are made by the people themselves rather than by elected representatives. This form of government was practiced in some areas of ancient Greece. 7

divine right theory A theory that the right to rule by a king or queen was derived directly from God rather than from the consent of the people. 7

equality A concept that holds, at a minimum, that all people are entitled to equal protection under the law. 13

government The individuals and institutions that make society’s rules and that also possess the power and authority to enforce those rules. 4

ideologue An individual who holds very strong political opinions. 17

ideology Generally, a system of political ideas that are rooted in religious or philosophical beliefs concerning human nature, society, and government. 15

institution An ongoing organization that performs certain functions for society. 3

liberalism A set of political beliefs that includes the advocacy of active government, including government intervention to improve the welfare of individuals and to protect civil rights. 16

liberty The freedom of individuals to believe, act, and express themselves freely so long as doing so does not

infringe on the rights of other individuals in the society. 12

limited government A form of government based on the principle that the powers of government should

be clearly limited either through a written document or through wide public understanding; characterized by institutional checks to ensure that government serves public rather than private interests. 10

moderate A person whose views fall in the middle of the political spectrum. 17

monarchy A form of autocracy in which a king, queen, emperor, empress, tsar, or tsarina is the highest authority in the government; monarchs usually obtain their power through inheritance. 7

natural rights Rights that are not bestowed by governments but are inherent within every man, woman, and child by virtue of the fact that he or she is a human being. 11

parliament The name of the national legislative body in countries governed by a parliamentary system, as in Britain and Canada. 11

political culture The set of ideas, values, and attitudes

about government and the political process held by a community or a nation. 12

politics The process of resolving conflicts over how society should use its scarce resources and who should receive various benefits, such as public health care and public higher education. According to Harold Lasswell, politics is the process of determining “who gets what, when, and how” in a society. 4

power The ability to influence the behavior of others, usually through the use of force, persuasion, or rewards. 4

public services Essential services that individuals cannot provide for themselves, such as building and maintaining roads, providing welfare programs, operating public schools, and preserving national parks. 6

radical left Persons on the extreme left side of the political spectrum who would like to significantly change the political order, usually to promote egalitarianism (human equality). 17

radical right Persons on the extreme right side of the political spectrum. The radical right includes reactionaries (who would like to return to the values and social systems of some previous era) and libertarians (who believe in no regulation of the economy and individual behavior, except for defense and law enforcement). 17

representative democracy A form of democracy in which the will of the majority is expressed through smaller groups of individuals elected by the people to act as their representatives. 8

republic Essentially, a term referring to a representative democracy—in which there is no king or queen and the people are sovereign. The people select smaller groups of individuals to act as the people’s representatives. 8

social conflict Disagreements among people in a society over what the society’s priorities should be with respect to the use of scarce resources. 4

social contract A voluntary agreement among individuals to create a government and to give that government adequate power to secure the mutual protection and welfare of all individuals. 11
LO1 Explain what is meant by the terms politics and government.

1 Politics can be defined as the process of resolving social conflict—disagreements over how the society should use its scarce resources and who should receive various benefits. 2 Government can be defined as the individuals and institutions that make society’s rules and that also possess the power and authority to enforce those rules. Government serves at least three major purposes: (a) it resolves conflicts; (b) it provides public services; and (c) it defends the nation and its culture against attacks by other nations.
LO2 Identify the various types of government systems.

3 In an autocracy, the power and authority of the government are in the hands of a single person. Monarchies and dictatorships, including totalitarian dictatorships, are all forms of autocracy. In a constitutional monarchy, however, the monarch shares power with elected lawmakers. An aristocracy is a government in which the “best,” or a small privileged class, rule. Other forms of government characterized by “rule by the few” include plutocracy (rule by the wealthy) and meritocracy (rule by a skilled and talented group). A theocracy is a form of government in which church and state are combined—the nation is ruled by religious principles.

4 Democracy is a form of government in which the government exists only by the consent of the people and reflects the will of the majority. In a direct democracy, the people participate directly in government decision making. In a representative democracy, or republic, people elect representatives to government office to make decisions for them. Forms of representative democracy include presidential democracy and parliamentary democracy.
LO3 Summarize some of the basic principles of American democracy and the basic American political values.

5 The British legacy to American democracy consisted of the principle of limited government, the principle of representative government, and the political theory of John Locke and other European philosophers.

6 The five principles of American democracy are (a) equality in voting, (b) individual freedom, (c) equal protection of the law, (d) majority rule and minority rights, and (e) voluntary, collective consent to be governed.

7 A political culture can be defined as a patterned set of ideas, values, and ways of thinking about government and politics. Three deeply rooted values in American political culture are liberty, equality, and property. Some Americans fear that multiculturalist policies and the rising numbers of immigrants are threatening traditional American political values and culture.

8 American political ideology is often viewed as falling within a political spectrum that ranges from the far left (extremely liberal) to the far right (extremely conservative). Although liberals are often Democrats and conservatives are often Republicans, this association between ideology and political party affiliation does not always hold true. Also, millions of Americans hold views that do not neatly fall into the left-right spectrum.
Chapter 2 • The Constitution

Introduction 24

The Beginnings of American Government 24

The First British Settlements 25 Colonial Legislatures 25

The Rebellion of the Colonists 26

“Taxation without Representation” 26 The Continental Congresses 27

Breaking the Ties: Independence 28

The Confederation of States 30

Powers of the Government of the Confederation 31 A Time of Crisis—The 1780s 32

Drafting and Ratifying the Constitution 33

Who Were the Delegates? 33 The Virginia Plan 34 The New Jersey Plan 34

The Compromises 34 The Final Draft Is Approved 35 The Debate over

Ratification 36 Ratification 38

The Constitution’s Major Principles of Government 38

Limited Government and Popular Sovereignty 39 The Principle of

Federalism 39 Separation of Powers 40 Checks and Balances 41

The Bill of Rights 42 The Constitution Compared with the Articles of

Confederation 44 Amending the Constitution 44
Key Terms

Anti-Federalists A political group that opposed the adoption of the Constitution because of the document’s centralist tendencies and because it did not include a bill of rights. 36

Articles of Confederation The nation’s first national constitution, which established a national form of government following the American Revolution. The Articles provided for a confederal form of government in which the central government had few powers. 30

Bill of Rights The first ten amendments to the U.S. Constitution. They list the freedoms—such as the freedoms of speech, press, and religion—that a citizen enjoys and that cannot be infringed on by the government. 25

checks and balances A major principle of American government in which each of the three branches is given the means to check (to restrain or balance) the actions of the others. 41

commerce clause The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate interstate commerce (commerce involving more than one state). 40

confederation A league of independent states that are united only for the purpose of achieving common goals. 30

Constitutional Convention The convention (meeting) of delegates from the states that was held in Philadelphia in 1787 for the purpose of amending the Articles of Confederation. In fact, the delegates wrote a new constitution (the U.S. Constitution) that established a federal form of government to replace the governmental system that had been created by the Articles of Confederation. 33

faction A group of persons forming a cohesive minority. 37

federal system A form of government that provides for a division of powers between a central government and several regional governments. In the United States, the division of powers between the national government and the fifty states is established by the Constitution. 39

Federalists A political group, led by Alexander Hamilton and John Adams, that supported the adoption of the Constitution and the creation of a federal form of government. 36

First Continental Congress A gathering of delegates from twelve of the thirteen colonies, held in 1774 to protest the Coercive Acts. 27

Great Compromise A plan for a bicameral legislature in which one chamber would be based on population and the other chamber would represent each state equally. The plan, also known as the Connecticut Compromise, resolved the small-state/large-state controversy. 34

interstate commerce Trade that involves more than one state. 35

Madisonian Model The model of government devised by James Madison in which the powers of the government are separated into three branches: executive, legislative, and judicial. 40

Mayflower Compact A document drawn up by pilgrim leaders in 1620 on the ship Mayflower. The document stated that laws were to be made for the general good of the people. 25

rule of law A basic principle of government that requires both those who govern and those who are governed to act in accordance with established law. 39

Second Continental Congress The congress of the colonies that met in 1775 to assume the powers of a central government and to establish an army. 28

separation of powers The principle of dividing governmental powers among the executive, the legislative, and the judicial branches of government. 41

Shays’ Rebellion A rebellion of angry farmers in western Massachusetts in 1786, led by former evolutionary War captain Daniel Shays. This rebellion and other similar uprisings in the New England states emphasized the need for a true

national government. 32

three-fifths compromise A compromise reached during the Constitutional Convention by which it was agreed that three-fifths of all slaves were to be counted for purposes of representation in the House of Representatives. 35

tyranny The arbitrary or unrestrained exercise of power by an oppressive individual or government. 38

unicameral legislature A legislature with only one chamber. 30

veto power A constitutional power that enables the chief executive (president or governor) to reject legislation and return it to the legislature with reasons for the rejection. This prevents or at least delays the bill from becoming law. 41
LO1 Point out some of the influences on the American political tradition in the colonial years.

1 The first successful English colonies were established at Jamestown (Virginia) in 1607 and at

Plymouth (Massachusetts) in 1620. The Mayflower Compact created the first formal government in the colonies. By 1732, all thirteen colonies had been established.

2 Through their participation in colonial governments, the colonists gained crucial political experience. Colonial leaders became familiar with the practical problems of governing. They learned how to build coalitions among groups with diverse interests and how to make compromises.
LO2 Explain why the American colonies rebelled against Britain.

3 For all their distance from Britain, the colonists had strong ties of loyalty to the home country and to the British monarch. A series of events during and following the Seven Years’ War (1756– 1763) served to loosen, and finally sever, these ties.

4 Following the American Revolution, the colonies transformed themselves into sovereign states, each having its own permanent government.
LO3 Describe the structure of government established by the Articles of Confederation and some of the strengths and weaknesses of the Articles.

5 The first national government was created by the Articles of Confederation. The Articles established the Congress of the Confederation as the central governing body. Congress could declare war and make peace. It could enter into treaties and alliances.

Congress could also borrow money from the people.

6 In spite of several important accomplishments achieved under the Articles, the central government created by the Articles of Confederation was quite weak. Congress could not force the states to supply revenues to the national government or to meet military quotas. It could not regulate commerce between the states or with other nations. Congress had no power to enforce its laws. There was no national judicial system, and there was no executive branch.
LO4 List some of the major compromises made by the delegates at the

Constitutional Convention, and discuss the Federalist and Anti-Federalist positions on ratifying the Constitution.

7 General dissatisfaction with the Articles of Confederation prompted the states to send delegates to a meeting in Philadelphia in 1787, which is now referred to as the Constitutional Convention.

8 Compromises had to be reached on several disputed issues. The delegates resolved the small-state/large state controversy with the Great Compromise—a plan for a bicameral legislature in which one chamber would be based on population and the other chamber would represent each state equally. The three-fifths compromise settled a deadlock on the issue of how slaves were to be counted for purposes of representation in the House of Representatives. The delegates agreed that Congress could not prohibit the importation of slaves into the country until the year 1808. The South agreed to let Congress have the power to regulate interstate commerce in exchange for a guarantee that no export taxes would ever be imposed on products exported by the states.

9 The Federalists, who favored a strong central government, and the Anti-

Federalists, who opposed ratification, intensely debated the ratification issue. By 1790, however, all of the states had ratified the Constitution. The Anti-Federalists’ fears of a strong central government prompted the addition of the Bill of Rights (the first ten amendments) to the Constitution.
LO5 Summarize the Constitution’s major principles of government and how

the Constitution can be amended.

10 The Constitution created by the convention delegates provided for limited government and popular sovereignty, a federal system of government, the separation of government powers among the three branches of government, and a system of checks and balances.

11 A constitutional amendment may be proposed either by a two-thirds vote in each chamber of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. Ratification of an amendment can occur either by a positive vote in three-fourths of the legislatures of the various states or by a positive vote in three fourths of special conventions called in the states for the specific purpose of ratifying the proposed amendment.
Chapter 3 • Federalism

Introduction 51

Federalism and Its Alternatives 51

What Is Federalism? 51 Alternatives to Federalism 52 Federalism—An

Optimal Choice for the United States? 52

The Constitutional Division of Powers 55

The Powers of the National Government 55 The Powers of the States 56

Interstate Relations 57 Concurrent Powers 57 The Supremacy Clause 57

The Struggle for Supremacy 59

Early U.S. Supreme Court Decisions 59 The Civil War—The Ultimate

Supremacy Battle 60 Dual Federalism—From the Civil War to the

1930s 61 Cooperative Federalism and the Growth of the National

Government 61

Federalism Today 63

The New Federalism—More Power to the States 63 The Supreme Court

and the New Federalism 64 The Shifting Boundary between Federal and

State Authority 65

The Fiscal Side of Federalism 67

Federal Grants 69 Bridging the Tenth Amendment—Fiscal Federalism 69

The Cost of Federal Mandates 70 Competitive Federalism 70
Key Terms

block grant A federal grant given to a state for a broad area, such as criminal justice or mental-health programs. 69

categorical grant A federal grant targeted for a specific purpose as defined by federal law. 69

competitive federalism A model of federalism devised by Thomas R. Dye in which state and local governments compete for businesses and citizens, who in effect “vote with their feet” by moving to jurisdictions that offer a competitive advantage. 70

confederal system A league of independent sovereign states, joined together by a central government that has only limited powers over them. 52

concurrent powers Powers held by both the federal and the state governments in a federal system. 57

cooperative federalism The theory that the states and the federal government should cooperate in solving problems. 61

devolution The surrender or transfer of powers to local authorities by a central government. 63

division of powers A basic principle of federalism established by the U.S. Constitution. In a federal system, powers are divided between units of government, such as the federal and state governments. 55

dual federalism A system of government in which both the federal and the state governments maintain diverse but sovereign powers. 61

expressed powers Constitutional or statutory powers that are expressly provided for by the Constitution or by congressional laws. 55

federal mandate A requirement in federal legislation that forces states and municipalities to comply with certain rules. If the federal government does not provide funds to the states to cover the costs of compliance, the mandate is referred to as an unfunded mandate. 65

federalism A system of shared sovereignty between two levels of government—one national and one subnational—occupying the same geographic region. 51

fiscal federalism The power of the national government to influence state policies through grants. 69

implied powers The powers of the federal government that are implied by the expressed powers in the Constitution, particularly in Article I, Section 8. 55

inherent powers The powers of the national government that, although not always expressly granted by the Constitution, are necessary to ensure the nation’s integrity and survival as a political unit. Inherent powers include the power to make treaties and the power to wage war or make peace. 55

necessary and proper clause Article I, Section 8, Clause 18, of the Constitution, which gives Congress the power to make all laws “necessary and proper” for the federal government to carry out its responsibilities; also called the elastic clause. 55

New Deal A program ushered in by the Roosevelt administration in 1933 to bring the United States out of the Great Depression. The New Deal included many government spending and public-assistance programs, in addition to thousands of regulations governing economic activity. 62

new federalism A plan to limit the federal government’s role in regulating state governments and to give the states increased power to decide how they should spend government revenues. 63

picket-fence federalism A model of federalism in which specific policies and programs are administered by all levels of government—national, state, and local. 62

police powers The powers of a government body that enable it to create laws for the protection of the health, morals, safety, and welfare of the people. In the United States, most police powers are reserved to the states. 56

preemption A doctrine rooted in the supremacy clause of the Constitution that provides that national laws or regulations governing a certain area take precedence over conflicting state laws or regulations governing that same area. 63

secession The act of formally withdrawing from membership in an alliance; the withdrawal of a state from the federal Union. 60

supremacy clause Article VI, Clause 2, of the Constitution, which makes the Constitution and federal laws superior to all conflicting state and local laws. 57

unitary system A centralized governmental system in which local or subdivisional governments exercise only those powers given to them by the central government. 52
LO1 Explain what federalism means, how federalism differs from other systems of government, and why it exists in the United States.

1 The United States has a federal form of government, in which governmental powers are shared by the national government and the states. Alternatives to federalism include a unitary system and a confederal system. In a unitary system any subnational government is a “creature of the national government.” In a confederal system, the central government exists and operates only at the direction of the subnational governments.

2 The appeal of federalism was that it retained state powers and local traditions while establishing a strong national government capable of handling common problems. Federalism has been viewed as well suited to the

United States for several reasons, but it also has some drawbacks.

LO2 Indicate how the Constitution divides governing powers in our federal system.

3 The powers delegated by the Constitution to the national government include expressed powers, such as the power to coin money and to regulate interstate commerce; implied powers, or powers that are “necessary and proper” to the carrying out of the expressed powers; and inherent powers, which are necessary for any nation to survive.

4 All powers not delegated to the national government are “reserved” to the states or to the people. State powers include police powers, which enable the states to enact whatever laws are necessary to protect the health, safety, morals, and welfare of their citizens. The Constitution provides for concurrent powers— powers that can be exercised by both state governments and the national government—and it contains provisions relating to interstate relations. The Constitution also prohibits both the national government and the states from exercising certain powers. The supremacy clause provides that national laws are supreme—they take priority over any conflicting state laws.

LO3 Summarize the evolution of federal-state relationships in the United States over time.

5 Two early Supreme Court cases, McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824), confirmed the supremacy clause and the power of the national government to regulate interstate commerce. The nation’s great struggle over slavery took the form of an argument over states’ rights versus national authority.

6 Federalism has evolved through several stages since the Civil War, including dual federalism, which prevailed until the 1930s, and cooperative federalism, which involves cooperation by all branches of government and launched an era of national government growth.

LO4 Describe developments in federalism under recent administrations.

7 The new federalism, which involves returning to the states some of the powers assumed by the national government, dates to the 1970s and has continued, in varying degrees, to the present. After decades of championing states’ rights, however, today’s Republicans seem to be redefining their party’s approach to federalism. In 2002, for example, President George W. Bush signed into law the No Child Left Behind Act, which significantly expanded the federal government’s role in education. After the terrorist attacks of September 11, 2001, the Bush administration increased demands on state and local governments to participate in homeland security.

8 For much of the twentieth century, the U.S. Supreme Court generally held that the national government had not overreached the powers given to it by the commerce clause and the supremacy clause of the Constitution. In the 1990s and early 2000s, however, a more conservative Supreme Court has shown a willingness to curb the regulatory reach of the national government, and some recent decisions of the U.S. Supreme Court have had the effect of enhancing the power of the states.

LO5 Explain what is meant by the term fiscal federalism.

9 To help the states pay for the costs associated with implementing policies mandated by the national government, the national government awards grants to the states. Through the awarding of grants, the federal government can also influence activities that constitutionally are regulated by the states under their reserved powers.
Chapter 4 • Civil Liberties

Introduction 75

The Constitutional Basis for Our Civil Liberties 75

Safeguards in the Original Constitution 75 The Bill of Rights 76 The Incorporation Issue 76

Protections under the First Amendment 78

Freedom of Religion 78 Freedom of Expression 84 Freedom of the Press

89 Freedom of Assembly 90 The Right to Petition the Government 91

The Right to Privacy 91

The Abortion Controversy 92 Do We Have the “Right to Die”? 93 Personal Privacy and National Security 93

The Rights of the Accused 95

The Rights of Criminal Defendants 95 The Exclusionary Rule 98

The Miranda Warnings 98 The Erosion of Miranda 98
Key Terms

bill of attainder A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial. 75

civil liberties Individual rights protected by the Constitution against the powers of the government. 75

commercial speech Advertising statements that describe products. Commercial speech receives less protection under the First Amendment than ordinary speech. 85

double jeopardy To prosecute a person twice for the same criminal offense; prohibited by the Fifth Amendment in all but a few circumstances. 95

due process clause The constitutional guarantee, set out in the Fifth and Fourteenth Amendments, that the government will not illegally or arbitrarily deprive a person of life, liberty, or property. 77

due process of law The requirement that the government use fair, reasonable, and standard procedures whenever it takes any legal action against an individual; required by the Fifth and Fourteenth Amendments. 78

espionage The practice of spying on behalf of a foreign power to obtain information about government plans and activities. 84

establishment clause The section of the First Amendment that prohibits Congress from passing laws “respecting an establishment of religion.” Issues concerning the establishment clause often center on prayer in public schools, the teaching of fundamentalist theories of creation, and government aid to parochial schools. 78

exclusionary rule A criminal procedural rule requiring that any illegally obtained evidence not be admissible in court. 98

ex post facto law A criminal law that punishes individuals for committing an act that was legal when

the act was committed but that has since become a crime. 76

fighting words” Words that, when uttered by a public speaker, are so inflammatory that they could provoke the average listener to violence. 86

free exercise clause The provision of the First Amendment stating that the government cannot pass “prohibiting the free exercise” of religion. Free exercise issues often concern religious practices that conflict with established laws. 78

Lemon test A three-part test enunciated by the Supreme Court in the 1971 case of Lemon v. Kurtzman to determine whether government aid to parochial schools is constitutional. To be constitutional, the aid must (1) be for a clearly secular purpose; (2) in its primary effect, neither advance nor inhibit religion; and (3) avoid an “excessive government entanglement with religion.” The Lemon test has also been used in other types of cases involving the establishment clause. 82

libel A published report of a falsehood that tends to injure a person’s reputation or character. 85

Miranda warnings A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel; required by the Supreme Court’s 1966 decision in Miranda v. Arizona. 98

obscenity Indecency or offensiveness in speech, expression, behavior, or appearance. Whether specific expressions or acts constitute obscenity normally is determined by community standards. 87

probable cause Cause for believing that there is a substantial likelihood that a person has committed or

is about to commit a crime. 95

sabotage A destructive act intended to hinder a nation’s defense efforts. 84

school voucher An educational certificate, provided by the government, that allows a student to use public funds to pay for a private or a public school chosen by the student or his or her parents. 82

seditious speech Speech that urges resistance to lawful authority or that advocates the overthrowing of a government. 84

self-incrimination Providing damaging information or testimony against oneself in court. 96

slander The public utterance (speaking) of a statement that holds a person up for contempt, ridicule, or hatred. 86

symbolic speech The expression of beliefs, opinions, or ideas through forms other than speech or print; speech involving actions and other nonverbal expressions. 84

treason As enunciated in Article III, Section 3, of the Constitution, the act of levying war against the United States or adhering (remaining loyal) to its enemies. 84

writ of habeas corpus An order that requires an official to bring a specified prisoner into court and

explain to the judge why the person is being held in prison. 75

LO1 Define the term civil liberties, explain how civil liberties differ

from civil rights, and state the constitutional basis for our civil liberties.

1 Civil liberties are legal and constitutional rights that protect citizens from government actions. While civil rights specify what the government must do, civil liberties are limitations on government action.

2 The Bill of Rights (the first ten amendments to the Constitution) sets forth most of our civil liberties. Other safeguards to protect citizens from an overly powerful government are specified in the original Constitution. For many years, the courts assumed that the Bill of Rights limited only the actions of the national government, not those of the states. Today, however, most of the liberties guaranteed by the national Constitution apply to state government actions as well.
LO2 List and describe the freedoms guaranteed by the First Amendment and explain how the courts have interpreted and applied these freedoms.

3 The First Amendment prohibits government from passing laws “respecting an establishment of religion, or prohibiting the free exercise thereof.” The first part of this statement is referred to as the establishment clause; the second part is known as the free exercise clause. Issues involving the establishment clause often focus on prayer in the public schools, the teaching of evolution and creationism, and aid to parochial schools. The Supreme Court has ruled that the public schools cannot sponsor religious activities. Some aid to parochial schools has been held to violate the establishment clause, while other forms of aid have been held permissible.

4 Although citizens have an absolute right to hold any religious beliefs they choose, their right to engage in religious practices may be limited if those practices violate the laws or threaten the health, safety, or morals of the community. Employers must accommodate the religious needs of employees unless to do so would cause the employer to suffer an “undue hardship.”

5 The First Amendment also protects freedom of speech, including symbolic speech, although the Supreme Court has at times imposed limits on speech in the interests of protecting other rights of society. Some forms of expression—including libel and slander, “fighting

words,” and obscenity—are not protected by the First Amendment.

6 The First Amendment freedom of the press generally protects the right to publish a wide range of opinions and information. Guidelines have been developed by the courts to decide in what situations freedom of expression can be restrained.

7 The First Amendment also guarantees the right of the people “peaceably to assemble” and “to petition the government for a redress of grievances.”
LO3 Discuss why Americans are increasingly concerned about privacy rights.

8 The Supreme Court has held that a right to privacy is implied by other constitutional rights set forth in the Bill of Rights. The nature and scope of this right are not always clear, however.

Whether this right encompasses a right to have an abortion or to commit assisted suicide are issues on which Americans have still not reached consensus. Since the terrorist attacks of September 11, 2001, Americans have debated how the United States can address the need to strengthen national security while still protecting civil liberties, particularly the right to privacy.

LO4 Summarize how the Constitution and the Bill of Rights protect the rights of accused persons.

9 The Fourth, Fifth, Sixth, and Eighth Amendments protect the rights of persons accused of crimes. Safeguards include the protection from unreasonable searches and seizures; the prohibition against double jeopardy; the protection against self-incrimination; the guarantee of a speedy trial; the right to counsel at various stages in some criminal proceedings; and the prohibition against cruel and unusual punishments. The main body of the Constitution also provides for the writ of habeas corpus—an order requiring that an official bring a specified prisoner into court and show the judge why the prisoner is being held.
Chapter 5 • Civil Rights

Introduction 103

The Equal Protection Clause 103

Strict Scrutiny 104 Intermediate Scrutiny 104 The Rational Basis Test (Ordinary Scrutiny) 104

African Americans 105

Separate but Equal 105 The Brown Decisions and School Integration 105

The Civil Rights Movement 107 Political Participation 109 Continuing Challenges 110

Women 110

The Struggle for Voting Rights 111 Women in American Politics Today 111 Women in the Workplace 112

Securing Rights for Other Groups 113

Hispanics 113 Asian Americans 116 Immigrants’ Rights 116 Native

Americans 117 Protecting Older Americans 119 Obtaining Rights for Persons with Disabilities 120

Gay Men and Lesbians 121

Beyond Equal Protection—Affirmative Action 122

Affirmative Action Tested 123 Strict Scrutiny Applied 123 The Diversity Issue 123

The Supreme Court Revisits the Issue 125 State Actions 125
Key Terms

affirmative action A policy calling for the establishment of programs that give special consideration, in jobs and college admissions, to members of groups that have been discriminated against in the past. 122

busing The transportation of public school students by bus to schools physically outside their neighborhoods to eliminate school segregation based on residential patterns. 106

civil disobedience The deliberate and public act of refusing to obey laws thought to be unjust. 107

civil rights The rights of all Americans to equal treatment under the law, as provided for by the Fourteenth Amendment to the Constitution. 103

civil rights movement The movement in the 1950s and 1960s, by minorities and concerned whites, to end racial segregation. 107

de facto segregation Racial segregation that occurs not as a result of deliberate intentions but because of past social and economic conditions and residential patterns. 106

de jure segregation Racial segregation that occurs because of laws or decisions by government agencies. 106

equal employment opportunity A goal of the 1964

Civil Rights Act to end employment discrimination based on race, color, religion, gender, or national origin and to

promote equal job opportunities for all individuals. 122

equal protection clause Section 1 of the Fourteenth Amendment, which states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” 103

fundamental right A basic right of all Americans, such as all First Amendment rights. Any law or action that prevents some group of persons from exercising a fundamental right will be subject to the “strict-scrutiny” standard, under which the law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet that interest. 104

glass ceiling An invisible but real discriminatory barrier that prevents women and minorities from rising to top positions of power or responsibility. 113

quota system A policy under which a specific number of jobs, promotions, or other types of placements, such as university admissions, must be given to members of selected groups. 123

racial profiling A form of discrimination in which law enforcement assumes that people of a certain race are more likely to commit crimes. Racial profiling has been linked to more frequent traffic stops of African Americans by police and increased security checks of Arab Americans in airports. 117

rational basis test A test (also known as the “ordinary scrutiny” standard) used by the Supreme Court to decide whether a discriminatory law violates the equal protection clause of the Constitution. Few laws evaluated under this test are found invalid. 104

reverse discrimination Alleged discrimination against those who have no minority status. 123

separate-but-equal doctrine A Supreme Court doctrine holding that the equal protection clause of the Fourteenth Amendment did not forbid racial segregation as long as the facilities for blacks were equal to those provided for whites. The doctrine was overturned in the Brown v. Board of Education of Topeka decision of 1954. 105

sexual harassment Unwanted physical contact, verbal conduct, or abuse of a sexual nature that interferes

with a recipient’s job performance, creates a hostile environment, or carries with it an implicit or explicit threat of adverse employment consequences. 113

sit-in A tactic of nonviolent civil disobedience. Demonstrators enter a business, college building, or

other public place and remain seated until they are forcibly removed or until their demands are met. The

tactic was used successfully in the civil rights movement and in other protest movements in the United States. 107

suffrage The right to vote; the franchise. 111

suspect classification A classification, such as race, that provides the basis for a discriminatory law. Any law based on a suspect classification is subject to strict scrutiny by the courts—meaning that the law must be justified by a compelling state interest. 104


LO1 Explain the constitutional basis for our civil rights and for laws prohibiting discrimination.

1 Civil rights are constitutional provisions and laws specifying what the government must do. Generally, civil rights refer to the right to equal treatment under the law, as guaranteed by the equal protection clause of the Fourteenth Amendment to the Constitution. That amendment also provides a legal basis for federal civil rights legislation. Over time, the U.S. Supreme Court has developed various standards for determining whether the

equal protection clause has been violated.

LO2 Discuss the reasons for the civil rights movement and the changes it effected in American politics and government.

2 The Fourteenth Amendment was added in 1868 to protect the newly freed slaves from discriminatory treatment. Soon, however, southern states began to pass laws that required racial segregation (“Jim Crow” laws). In 1896, the Supreme Court held that “separate-but-equal” treatment of the races did not violate the equal protection clause. The separate-but-equal doctrine justified segregation for the next sixty years.

3 In the landmark case of Brown v. Board of Education of Topeka (1954), the Supreme Court held that segregation in the public schools violated the equal protection clause. One year later, a boycott of the Montgomery, Alabama, bus system to protest Rosa Parks’s arrest for violating local segregation laws marked the beginning of the civil rights movement.

4 The civil rights movement was undertaken by minorities and concerned whites to end racial segregation. In response, Congress passed a series of civil rights laws, including the Civil Rights Act of 1964 (which forbade discrimination on the basis of race, color, religion, gender, and national origin), the Voting Rights Act of 1965, and the Civil Rights Act of 1968.
LO3 Describe the political and economic achievements of women in this country over time and identify some obstacles to equality that they continue to face.

5 The struggle of women for equal treatment initially focused on gaining the franchise—voting rights. In 1920, the Nineteenth Amendment, which granted voting rights to women, was ratified. Today, women remain underrepresented in Congress, although for the first time a woman was chosen as Speaker of the House of Representatives following the 2006 elections. Several women have mounted serious campaigns for president or vice president, and in recent administrations, several women have held cabinet posts. In the workplace, women continue to face sexual harassment and wage discrimination.

LO4 Summarize the struggles for equality faced by other groups in America. 6 Other groups have also suffered discrimination and unequal treatment in America. Hispanics, or Latinos, now constitute the largest minority group in the United States, and their numbers are climbing. A disproportionate number of Hispanics live below the poverty line.

7 Asian Americans have suffered from discrimination since they first began to immigrate to this country in the late 1800s. The worst treatment of Japanese Americans occurred during World War II, when they were placed in internment camps.

8 The United States absorbs more than one million new immigrants every year. New immigrants lack citizenship rights, but they are still guaranteed equal protection under the laws. Since September 11, 2001, the civil rights of immigrants have been particularly threatened, as they face arbitrary and sometimes discriminatory changes in immigration laws and racial profiling.

9 The Native American population experienced a devastating numerical collapse after the arrival of the Europeans. U.S. policy toward Native Americans was first one of separation— removing them to lands separate from those occupied by whites—and then one of assimilation. By the late

1980s and 1990s, federal policy had changed again, and new legislation allowed gambling on reservation lands and encouraged the survival of Native American languages.

10 The Age Discrimination in Employment Act of 1967was passed in an attempt to protect Americans over the age of forty from age discrimination in employment. The

Americans with Disabilities Act of 1990 provided protection for persons with disabilities. Since 1969, gay rights groups have become a significant political force, and social attitudes toward these groups are changing.

LO5 Explain what affirmative action is and why it has been so controversial in this country.

11 Affirmative action programs give special consideration to members of groups that have been discriminated against in the past. Because affirmative action policy involves special treatment of different groups of Americans, it has always been controversial. Today, several states have laws banning affirmative action programs, and some programs have been deemed unconstitutional, under the equal protection clause, by the courts.
Chapter 6 • Interest Groups

Introduction 131

Interest Groups and American Government 131

How Interest Groups Form 131 How Interest Groups Function in

American Politics 134

How Do Interest Groups Differ from Political Parties? 135

Different Types of Interest Groups 135

Business Interest Groups 136 Labor Interest Groups 136 Agricultural

Interest Groups 138 Consumer Interest Groups 139 Senior Citizen Interest

Groups 139 Environmental Interest Groups 139 Professional Interest

Groups 140 Single-Issue Interest Groups 140 Government Interest

Groups 140

How Interest Groups Shape Policy 140

Direct Techniques 140 Indirect Techniques 142

Today’s Lobbying Establishment 145

Why Do Interest Groups Get Bad Press? 146 The Regulation of Interest

Groups 146 The Lobbying Disclosure Act of 1995 148 Lobbying

Scandals in the Early 2000s 148 Lobbying Reform Efforts

in 2007 148
Key Terms

direct technique Any method used by an interest group to interact with government officials directly to further the group’s goals. 140

free rider problem The difficulty faced by interest groups that lobby for a public good. Individuals can enjoy the outcome of the group’s efforts without having to contribute, such as by becoming members of the group. 134

indirect technique Any method used by interest groups to influence government officials through third parties, such as voters. 142

interest group An organized group of individuals sharing common objectives who actively attempt to influence policymakers in all three branches of the government and at all levels. 131

labor force All of the people over the age of sixteen who are working or actively looking for jobs. 138

lobbying All of the attempts by organizations or by individuals to influence the passage, defeat, or contents of legislation or to influence the administrative decisions of government. 140

lobbyist An individual who handles a particular interest group’s lobbying efforts. 140

patron An individual or organization that provides financial backing to an interest group. 132

pluralist theory A theory that views politics as a contest among various interest groups—at all levels of government— to gain benefits for their members. 134

political action committee (PAC) A committee that is established by a corporation, labor union, or special interest group to raise funds and make contributions on the establishing organization’s behalf. 142

public-interest group An interest group formed for the purpose of working for the “public good.” Examples of public-interest groups are the American Civil Liberties Union and Common Cause. 136

rating system A system by which a particular interest group evaluates (rates) the performance of legislators based on how often the legislators have voted with the group’s position on particular issues. 142

trade organization An association formed by members of a particular industry, such as the oil industry or the trucking industry, to develop common standards and goals for the industry. Trade organizations, as interest groups, lobby government for legislation or regulations that specifically benefit their groups. 136
LO1 Explain what an interest group is, how interest groups form, and how interest groups function in American politics.

1 An interest group is an organization of people sharing common objectives who actively attempt to influence government policymakers through direct and indirect methods. Interest groups form in response to change. Some groups form to support the change or even speed it along, while others form to fight change.

2 Interest groups (a) help bridge the gap between citizens and government; (b) help raise public awareness and inspire action on various issues; (c) often provide public officials with specialized and detailed information, which helps officials to make informed public-policy choices; and (d) help to ensure that public officials are carrying out their duties responsibly. Pluralist theory explains American politics as a contest among various interest groups that compete at all levels of government to gain benefits for their members.
LO2 Indicate how interest groups differ from political parties.

3 Although interest groups and political parties are both groups of people joined together for political purposes, they differ in several ways. Interest groups focus on a handful of key policies; political parties are broad-based organizations that must consider a large number of issues. Interest groups are more tightly organized than political parties, and while they try to influence the outcome of elections, interest groups do not compete for public office, as parties do.

LO3 Identify the various types of interest groups.

4 The most common interest groups are those that promote private interests. These groups seek government policies that will benefit (or at least, not harm) their members’ interests. Other groups, sometimes called public-interest groups, are formed with the broader goal of working for the “public good,” though all lobbying groups represent special interests.

5 Numerous interest groups focus on a single issue.

Many major interest groups are concerned with issues affecting the following areas or groups of persons: business, labor, agriculture, consumers, senior citizens, the environment, and professionals. Efforts by state and local governments to lobby the federal government have escalated in recent years.

LO4 Discuss how the activities of interest groups help to shape government policymaking.

6 Sometimes interest groups attempt to influence policymakers directly, but at other times, they try to exert indirect influence on policymakers by shaping public opinion.

Direct techniques used by interest groups include lobbying and providing election support, particularly through the use of political action committees (PACs).

7 Indirect techniques include advertising and other promotional efforts, mobilizing constituents, bringing lawsuits, and organizing demonstrations and protests. Attempts to regulate “issue advocacy” advertisements (placed by interest groups in the months leading up to elections) present a particularly thorny challenge because free speech issues are necessarily involved.

LO5 Describe how interest groups are regulated by government.

8 The Federal Regulation of Lobbying Act of 1946 attempted to regulate the activities of lobbyists, but it contained many loopholes. Lobbyists were able to continue influencing legislation with little government oversight or disclosure of their activities. In 1995, the

Lobbying Disclosure Act created stricter definitions of who is a lobbyist, forcing many more lobbyists to register and report their activities to Congress. In the wake of lobbying scandals in the early 2000s, additional lobbying reform efforts were undertaken in 2007.

Chapter 7 • Political Parties

Introduction 153

A Short History of American Political Parties 153

The First Political Parties 153 From 1796 to 1860 154 From the Civil War to the Great Depression 155

After the Great Depression 155

America’s Political Parties Today 157

The Self-Perpetuation of the Two-Party System 158 Components of the Two Major American Parties 159 Where the Parties Stand on the Issues 160 Party Affiliation 162

What Do Political Parties Do? 164

Selecting Candidates 165 Informing the Public 165 Coordinating

Policymaking 165 Checking the Power of the Party in Government 166

Balancing Competing Interests 166 Running Campaigns 166

Third Parties and American Politics 166

The Many Kinds of Third Parties 168 The Effect of Third Parties on American Politics 169

How American Political Parties Are Structured 170

State and Local Party Organizations 170 The National Party Organization 171

Key Terms

coalition An alliance of individuals or groups with a variety of interests and opinions who join together to support all or part of a political party’s platform. 166

electorate All of the citizens eligible to vote in a given election. 159

majority party The political party that has more members in the legislature than the opposing party. 165

minority party The political party that has fewer members in the legislature than the opposing party. 165

national convention The meeting held by each major party every four years to select presidential and vice-presidential candidates, write a party platform, and conduct other party business. 171

national party chairperson An individual who serves as a political party’s administrative head at the national level and directs the work of the party’s national committee. 173

national party committee The political party leaders who direct party business during the four years between the national party conventions, organize the next national convention, and plan how to obtain a party victory in the next presidential elections. 173

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