POLS Exam 1 Questions

Simple bargaining does not always work because in order for it to work, each party must be realistic in their own expectations and often times one of the parties is unrealistic; also, people may not trust each other, and some problems are too difficult to solve through bargaining. Bargaining can also lead to collective action problems like prisoner's dilemma. Despite these factors, disputes can be compromised through compromising.

the court system, congress, government shut down, law enforcement, etc. Shay's Rebellion revealed the inability of the Articles of Confederation to maintain peace and order.

-no guarantee that a solution will be discovered and implemented to solve the problem -two fundamental barriers block the effectiveness: coordination problem and prisoner's dilemma -two costs: transaction and conformity

the parliamentary system: -has no separation of powers -promotes majority rule

• one party into legislative and executive control

-freeways -fresh air -street lights -public parks -law enforcement

-toll road -food -clothing -cars -entertainment

• the rulers are elected

• rules set down in a written Constitution

• ruled by representatives of the citizen body

-Albany Congress: 1st national assembly -Stamp Act = rebel of British Crown -1st continental congress.. Declaration of American Rights -Most states had bicameral legislatures

• Articles of Confederation started to be written, 2nd continental congress Result: -Constitution Written

under Articles: -each state had one vote/ delegates appointed by the state legislatures -major laws required 9/13 votes from the states, but made by Congress Confederation: -did not make states supply troops or essential public goods during the war -no education or enforcement Effect on war effort: -almost caused the Americans to lose to the British due to the free- riding problem and reluctance of some states to contribute their fair share (the states feared the each others reluctance) After War: -The states refused to supply troops or money. -They taxed goods from other states and banned trade with some states. -They printed their own money (led to poor economy, value of money decreased and people had more debt). -led to reform of the Articles and creation of the Constitution

• 1800s the communication & knowledge over the system lacked

• It's complicated to ensure states matter...states chose how electors were picked (popularity vote)

• Congress steps in if no one wins majority vote (12th amendment) -mixes state, congressional, and popular participation in the election process

The Framers imposed heavy transaction costs on changing the Constitution. They also separated the powers, equally, between the three branches of government and gave each branch a way to check the use of power by other branches Basically created Separation of Powers

Articles of Confederation: -individuals would disagree and et trapped in prisoner's dilemma -lacked transaction costs and coordination costs leading to poor agenda control Constitution: -more compromises over coordination costs leading to the rise of transaction costs

Principals: -those who process decision making authority (i.e. a babysitter) Agents: -those who makes and implements decisions on behalf of someone else (i.e. a cashier)

-both houses of Congress have to approve a 2/3 vote which then goes to the states who must have a 3/4 vote multiple methods included because: -it is not supposed to be easy, but easier than AoC -set guidelines to have heavier transaction costs (not impossible) -make state and national government happy

The U.S. government is a government that only exercises its powers that are assigned to it in the Constitution.

• ex. separation of powers/ checks and balances

slaves counted as 3/5 of a person for purposes of taxation and determining how many representatives a states could send to Congress.

-establishes legislative branch of federal government -Congress is a bicameral legislature (HoR and Senate)

-establishes the executive branch of federal government -defines office of President and Vice President -Electoral College elects the President and Vice President

-establishes the judicial branch -consists of the Supreme Court of the U.S. -also consists of lower courts created by Congress

-proposal by Congress or by 2/3 vote -ratification can occur in the State Legislatures or in a state convention by 3/4 vote

• Unitary: USED THE MOST. The order is... Voters -> Central Gov. -> State Gov.

• Confederation: Votes -> State/Local Gov. -> Central Gov.

• Federal: Central Gov. <- Voters -> State/local Gov.

• Helped grow because with nationalization they could create policies/deal with ones that "concern all lives" of citizens

• Federal Gov. always won cases over states -> shows power

• Article 6: Supremacy Clause & Elastic Clause

• Collection action problems could rise as wells as fights.... EX: Immigration - 1882 Exclusion Act was the 1st immigration act, used to stop Chinese

• They need to have Supreme Court decide who is right/what to do

• Have to end in agreement or decision by federal gov. -> Missouri/Iowa border is an example

• It simplifies lobbying

• Decision happens at one place rather than going through each state at a time

• ex: MADD (Mother's Against Drunk Driving)

1. COORDINATION: The communication with states. Ex: How do you get 50 states to agree on something?

2. RENEGING AND SHIRKING: States that agree on a common course of action, but fail to honor the commitment. Ex: How do you make states take steps to reduce pollution across state lines?

3. CUTTHROAT COMPETITION: When competitors undercut one another (often by dropping prices) to eliminate competition. Ex: Minimum wage, no one wants to step up first

Granted Federal Powers: -Enumerated Powers (coin money, declare war, regulate postal system) Denied Federal Powers: -tax state exports -change state boundaries -violate Bill of Rights Granted State Powers: -Reserved Powers (conduct elections, regulate intrastate commerce, establish local governments) Denied State Powers: -tax imports and exports -coin money -enter into treaties

It brought a dramatic increase in the growth and power of the national government over commerce, though for the most part state power was not directly curtailed.

3 features that allowed southern states to prevent eradication of slavery: Federalism: while making constitution, the Framers rejected James Madison's idea to impose a national veto power over state laws. So public policy was then given to the states, which allowed states to have the control over the legality of slavery Congress:Politicians place primary focus on personal agendas.at the time it was thought tyranny could best be avoided if each faction looked out for its own interests. gave direct power to state governments. Supreme Court: Through the decisions like Dred Scott (1857), the eradication of slavery was hindered Dred Scott believed he should be a freed man because he, a slave, was delivered to his owner in free states, so he should qualify as for emancipation. The judge, being a slavery supporter, denied his request, and Dred Scott returned to slavery. This case created the rule that no black, free or slave, could claim US citizenship, and therefore, blacks were unable to petition the court for their freedom. Necessary steps in order to remove obstacles to emancipation: Emergence of the Republican Party after 1854 Civil War Act of Congress outlawing slavery in US territories (18620 Presidential emancipation proclamation Limited in reach: slavery would be allowed to continue in border states if they sided w/ the Union or in parts of rebel states that had come under Union military control Post-war Thirteenth Amendment

The presidential election of 1876 greatly impacted the Reconstruction movement. In this election, Samuel Tilden ran for the Democratic Party, and Rutherford B. Hayes ran for the Republican Party. The results of the election were disputed in four states. As a result, no candidate received the 185 electoral votes needed to win the election. An independent commission was created to resolve the dispute, but it failed to do so. Eventually, a compromise was reached known as the Compromise of 1877. In the compromise, Hayes received the electoral votes in the states where the results were disputed. This gave Hayes the presidency. In return, the federal troops that were enforcing Reconstruction were removed from the South. it ended Reconstruction.

The constitution gets rebooted after the civil war with the fourteenth and fifteenth amendment. Fourteenth is one of the most important amendments. (14th Amendment- an amendment to the U.S. Constitution, ratified in 1868,defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons. 15th Amendment is the right to vote.) The North had done little for their black citizens (Bottom of page 140 footnote) Only one black man elected to a northern state legislature before civil war Oscar de priest was elected to congress from a northern state (IL) In the south, by contrast, there were very good electoral conditions for blacks in the decade right after the civil war. Betrayal of reconstruction Klan Violence in the south erupted to intimidate new black electorate In coming decades, they used power to prevent Blacks from voting such as polling taxes and literacy tests against the 15th Amendment. There had been a terrible economic depression in 1873 and 74. This helped the democrats Reconstruction left out women

The Republican party because it was the party of Lincoln- he ended slavery. Every elected House member that was a Republican was black up until 1930 New Deal Swing Vote to Democratic party (FDR 1932-36)- Judges focused on real equality 100 black administrative positions in new deal programs -Started to desegregate federal civil service Blacks' migration to the north opened up many seats for the democratic party

Started around 1957, JFK & LBJ had to ensure black support Endangered southern white cotes & could be Blacks did not face many coordination problems because they were already segregated into their own institutions. Black coalesced around foundations and leaders to form a mass movement Student Nonviolent coordinating committee Religious and charismatic leadership helped overcome free-riding Strategic use of numbers Birmingham demonstration in 1963 to get integration efforts March at Selma for voting right in 1965

Spanish language balance, 5% of the Spanish population do not speak English. They used the Voting Rights Act in 1970 to ensure Spanish ballots in constituencies. . Immigration: 3/ Hispanics are not US citizens so it differs from the blacks because their voting strength is not even close to the black race as a whole since some are not even citizens. Employment, access to schools, law enforcement, driver's licenses, etc. are similar to black citizens. However, the language barrier makes all of those more difficult.

13th, 14th, and 15th Amendments -The Thirteenth Amendment made slavery illegal (abolished slavery). -The Fourteenth Amendment guaranteed basic rights and citizenship to African Americans. -The Fifteenth Amendment gave the right to vote to African American men.

These 3 Amendments were efforts to give male African Americans equal rights of citizenship like white American men already had.

Equality of opportunity: ideas that each person is guaranteed the same chance to succeed in life

Equality of outcome: concept that society must insure that people are equal, and governments must design policies to redistribute wealth and status to achieve economic and social equality

Ninth amendment was devised as an assurance of the enjoyment of liberties that were not enumerated Tenth amendment as assurance to the states and the people of powers not delegated to the federal government Rights can come into conflict with one another 1689 british bill of rights "the subjects which are protestants may have arms for their defense suitable to their conditions and as allowed by law A well regulated militia composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state that standing armies in time of peace should be avoided as dangerous to liberty James Madison's second amendment In the context of people having a militia and not an army In 2008 the right was extended to all individuals to protect themselves over the collective good.

Distinction b/w what sort of action needs to take place Liberties= have been extremely court-driven (Constitutional protection from majorities using government restrictions or the denial of freedoms best served by government inaction) The modern Court interprets the original 9 amendments + the 14th Civil rights= depended more on legislation (Claims that require political action in order to be enjoyed on an equal basis; making minorities equal) In this case, the courts can say that something is unconstitutional, but it is up to congress to implement it. Civil RIghts Acts, Fair Housing Amendments from the 14th to the 24th (poll tax) as well as court cases Miranda rights = read while being arrested "you have the right to blah blah blah..." Privacy is a court recognized liberty loosely mentioned in 19th Amendment

Original understanding of 14th amendment = effect on the states in order to ensure that freed slaves were accepted as fill citizens of the US and enjoyed equality under the law First meant the law of the state in which the freed slaves lived, rather than the federal Bill of Rights State law over Federal Bill of rights In 1920s the Supreme Court began to accept that personal liberties could be protected from state infringement

Most of what live is under state law Not all parts of federal Bill of RIghts have been applied to states Third (only applies to federal army) Fifth (grand jury hearing ) Seventh (not always jury in civil case) Eighth (against excessive bail and fines only federal) States decide jury selection, death penalty (not on juveniles, not mentally impaired, only after jury, only homicides)

1.freedom of religion 2.freedom of speech 3.freedom of the press 4.freedom of assembly 5.freedom to petition the government.

1. Libel 2. Obscenity 3. "Clear and Present danger" 4. "Fighting Words" 5. Minors 6. False Advertising

1. Libel 2. Privacy 3. Overt actions against the U.S.

Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.

because of nationalization, for example the drinking age is not federal law but it is heavily incentivized state law

it explains the philosophy of the Constitution and Bill of Rights and how they should be thought of and interpreted while also outlining civil liberties granted to the people

-Up until 2008, the Courts have generally avoided defining the right to bear arms, providing little restriction to firearms. -Congress, state, and local governments had been granted significant autonomy to define their own gun ownership and gun-carrying rights. -A notable exception is the Brady Bill, which required a background check and waiting period before purchasing a handgun. -In 2008, the Supreme Court struck down a Washington, DC, handgun ban, though the ruling stopped short of extending the 2nd Amendment protections to the states.