US Constitution For My 2005-2006 BC History Classes.

US Constitution US Constitution

For My 2005-2006 BC History For My 2005-2006 BC History ClassesClasses

“Everyone is entitled to their own opinions but not their own facts.” Sen. Daniel Moynihan

“A democratic education should educate all the people to rule.” Joseph Featherstone

“Democratic societies tend to become more concerned with what people believe than with what is true, to become more concerned with credibility than with truth.” Daniel Boorstin

"I do not adhere to any ideology, doctrine or ready-made world view defined by someone else. . . I am simply on the side of truth against lies, on the side of meaning against nonsense, on the side of justice against injustice, and on the side of order against disorder. . ." Vaclav Havel

"The real ground of the difference between oligarchy and democracy is poverty and riches. It is inevitable that any constitution should be an oligarchy if the rulers under it are rulers by virtue of riches. . ." Aristotle

“When I use a word it means what I want it to mean and nothing else." Humpty Dumpty

“Boiled frog syndrome”

Historian David Potter: People of Plenty

Charles and Mary Beard [1903], An Economic History of the United States

Alexis de Tocqueville, Democracy in America

Michael Kammen, People of Plenty

Adam Smith, Wealth of Nations

How Democratic Is the USHow Democratic Is the USby Howard Zinnby Howard Zinn

I propose a set of criteria for the description "democratic" I propose a set of criteria for the description "democratic" which goes beyond formal political institutions, to the which goes beyond formal political institutions, to the quality of life in the society (economic, social, quality of life in the society (economic, social, psychological), beyond majority rule to a concern for psychological), beyond majority rule to a concern for minorities, and beyond national boundaries to a global minorities, and beyond national boundaries to a global view of what is meant by "the people," in that rough, but view of what is meant by "the people," in that rough, but essential correct view of democracy as "government of, by, essential correct view of democracy as "government of, by, and for the people." Let me list these criteria quickly, and for the people." Let me list these criteria quickly, because I will go on to discuss them in some detail later:because I will go on to discuss them in some detail later:

1.1. To what extent can various people in the society To what extent can various people in the society participate in participate in those decisions which affect their lives: decisions in those decisions which affect their lives: decisions in the the political process and decisions in the economic structure?political process and decisions in the economic structure?

2.2. As a corollary of the above: do people have equal access As a corollary of the above: do people have equal access to to the information which they need to make important the information which they need to make important decisions?decisions?

3.3. Are the members of the society equally protected on Are the members of the society equally protected on matters matters of life and death - in the most literal sense of that of life and death - in the most literal sense of that phrase?phrase?

4.4. Is there equality before the law: police, courts, the judicial Is there equality before the law: police, courts, the judicial process - as well as equality with the law enforcing process - as well as equality with the law enforcing

institutions, institutions, so as to safeguard equally everyone's person, and so as to safeguard equally everyone's person, and his freedom his freedom from interference by others, and by the from interference by others, and by the government?government?

5. Is there equality in the distribution of available resources: those economic goods necessary for health, life, recreation, leisure, growth?6. Is there equal access to education, to knowledge and training, so as to enable persons in the society to live their lives as fully as possible, to enlarge their range of possibilities?7. Is there freedom of expression on all matters, and equally for all to communicate with other members of the society?8. Is there freedom for individuality in private life, in sexual relations, family relations, the right of privacy?9. To minimize regulation: do education and the culture in general foster a spirit of cooperation and amity to sustain the above conditions?10. As a final safety feature: is there opportunity to protest, to disobey the laws, when the foregoing objectives are being lost - as a way of restoring them?

Political TheoryPolitical Theory

Anarchism Anarchism Capitalism Capitalism CommunismCommunism Communitarianism Communitarianism Conservatism Conservatism Democratic socialism Democratic socialism Equality of opportunity and outcomeEquality of opportunity and outcome [David Hackett] Fischer's 4 waves [David Hackett] Fischer's 4 waves Freedom of . . . freedom fromFreedom of . . . freedom from Globalism Globalism GovernmentGovernment[Thomas] Hobbes's [Thomas] Hobbes's Leviathan Leviathan Laissez faire Laissez faire Liberalism Liberalism Libertarianism Libertarianism

•[[John] Locke's natural rights - life, liberty, propertyJohn] Locke's natural rights - life, liberty, property•[Karl] Marx - [Karl] Marx - community property, equality, social not material community property, equality, social not material motivesmotives •Order Order •Paradigm, cosmology Paradigm, cosmology •Police power Police power •Political equality Political equality •Public goods v. private goods Public goods v. private goods •[Adam] Smith's hidden hand, [Adam] Smith's hidden hand, Wealth of NationsWealth of Nations •Social equality Social equality •Socialism Socialism •Totalitarianism Totalitarianism •World Trade Organization, WTOWorld Trade Organization, WTO [former GATT], globalism [former GATT], globalism

ConstitutionalismConstitutionalism AutocracyAutocracy C. Wright Mills – The Power EliteC. Wright Mills – The Power Elite Charles Beard – An Economic Interpretation of the Charles Beard – An Economic Interpretation of the

ConstitutionConstitution Constitutional democracyConstitutional democracy Cuba's contract with workers Cuba's contract with workers Deliberative democracyDeliberative democracy DemocracyDemocracy DemocratizationDemocratization Elite model of democracyElite model of democracy England's unwritten constitutionEngland's unwritten constitution Incorporation of Bill of Rights [link to 14th Incorporation of Bill of Rights [link to 14th

Amendment]Amendment] Interest groupInterest group Iron triangle Iron triangle Majoritarian model of democracyMajoritarian model of democracy Majority ruleMajority rule Michael Parenti – elite theorist, media biasMichael Parenti – elite theorist, media bias Minority rightsMinority rights

Nicaragua's constitutionNicaragua's constitution Noam Chomsky – elite theorist, Noam Chomsky – elite theorist,

concision/marginalizationconcision/marginalization Noam Chomsky - crisis of democracy, threat of good Noam Chomsky - crisis of democracy, threat of good

exampleexample OligarchyOligarchy Participatory democracyParticipatory democracy Pluralist model of democracy [Robert Dahl]Pluralist model of democracy [Robert Dahl] Political equalityPolitical equality Procedural democratic theory [substantive due Procedural democratic theory [substantive due

process]process] Representative democracyRepresentative democracy ResponsivenessResponsiveness Substantive democratic theorySubstantive democratic theory Universal participation Universal participation

US ConstitutionUS Constitution

Articles of ConfederationArticles of Confederation Benjamin FranklinBenjamin Franklin Bill of Rights [incorporation]Bill of Rights [incorporation] Charles Beard - An Economic Interpretation of the ConstitutionCharles Beard - An Economic Interpretation of the Constitution Checks and balancesChecks and balances ConfederationConfederation Daniel Shays' RebellionDaniel Shays' Rebellion Declaration of IndependenceDeclaration of Independence Enumerated powersEnumerated powers Executive branchExecutive branch Extraordinary majoritiesExtraordinary majorities Federalists and Anti-FederalistsFederalists and Anti-Federalists Federalist Papers: Madison, Hamilton, JayFederalist Papers: Madison, Hamilton, Jay FederalismFederalism "Full faith and credit" clause"Full faith and credit" clause George WashingtonGeorge Washington

Great CompromiseGreat Compromise Implied powersImplied powers John Locke's "consent of the governed"John Locke's "consent of the governed" Judicial branchJudicial branch Judicial review, Judicial review, MarburyMarbury case case Legislative branchLegislative branch "Necessary and proper" clause"Necessary and proper" clause New Jersey Plan and Virginia PlanNew Jersey Plan and Virginia Plan PreamblePreamble RepublicRepublic RepublicanismRepublicanism Second Continental CongressSecond Continental Congress Separation of powersSeparation of powers Social contract theorySocial contract theory Supremacy clause / Tenth AmendmentSupremacy clause / Tenth Amendment Thomas Paine, Thomas Paine, Common SenseCommon Sense

FederalismFederalism

Alien and Sedition ActsAlien and Sedition Acts Block grantBlock grant Categorical grantCategorical grant Commerce clauseCommerce clause Confederal, unitary and federal systemsConfederal, unitary and federal systems Cooperative federalismCooperative federalism County governmentCounty government Dual federalism Dual federalism Elastic clauseElastic clause ExtraditionExtradition FederalismFederalism Formula grantFormula grant Fourteenth Amendment, Fourteenth Amendment,

nationalization/incorporationnationalization/incorporation

Fourteenth Ameridment, "due process" & "equal Fourteenth Ameridment, "due process" & "equal protection"protection"

Grant-in-aidGrant-in-aid Home ruleHome rule Implied powersImplied powers "Interstate v. intrastate commerce""Interstate v. intrastate commerce" John C. Calhoun, John Marshall, Dwight Eisenhower, LBJ, John C. Calhoun, John Marshall, Dwight Eisenhower, LBJ,

FDR, Reagan, FDR, Reagan, KERN COGKERN COG MandateMandate Marbury v. MadisonMarbury v. Madison, 1803, 1803 McCullough v. MarylandMcCullough v. Maryland, 1819, 1819 Missouri Compromise, 1820 Missouri Compromise, 1820 Municipal governmentMunicipal government Nullification [interposition]Nullification [interposition] PreemptionPreemption Project grantProject grant RestraintRestraint School districtSchool district Special districtSpecial district State’s rights, “original intent”State’s rights, “original intent”

MediaMedia

Attentive policy elites Attentive policy elites Equal opportunities ruleEqual opportunities rule Federal Communications Commission Federal Communications Commission Gatekeepers Gatekeepers Group media Group media Horse race journalismHorse race journalism Infotainment Infotainment Mass media Mass media Media event Media event Newsworthiness Newsworthiness Political agenda Political agenda Reasonable access ruleReasonable access rule Brian Lamb's C-SPANBrian Lamb's C-SPAN William Randolph Hearst's "yellow journalism"William Randolph Hearst's "yellow journalism" Prior restraint -- Pentagon Papers case, Manuel Prior restraint -- Pentagon Papers case, Manuel

Noriega of Panama Noriega of Panama

Media bias -- role of advertisers/profit motiveMedia bias -- role of advertisers/profit motive Fairness doctrine -- present contrasting views, notification of Fairness doctrine -- present contrasting views, notification of

negative statementsnegative statements Equal time rule -- candidate can purchase "equal time" near the Equal time rule -- candidate can purchase "equal time" near the

end of the campaignend of the campaign Off the record, background, deep background -- press Off the record, background, deep background -- press

concepts for revealing sourceconcepts for revealing source

Political ParticipationPolitical Participation

July, 1969 Fraternal Hall in Bakersfield, July, 1969 Fraternal Hall in Bakersfield, CaliforniaCalifornia

1969 BC's professor Duane Belcher -- 1969 BC's professor Duane Belcher -- desegregation plan for the BCSDdesegregation plan for the BCSD

1974 Health, Education and Education [HEW] 1974 Health, Education and Education [HEW] hearings find BCSD guilty of de jure segregationhearings find BCSD guilty of de jure segregation

1970s Kern Council for Civic Unity [KCCU] 1970s Kern Council for Civic Unity [KCCU] agreements with local TV stationsagreements with local TV stations

1978 Kern High School District [KHSD] draws 1978 Kern High School District [KHSD] draws new boundariesnew boundaries

““Bowling alone”Bowling alone”

Class action suitClass action suit Conventional participation Conventional participation Direct action Direct action Direct primary Direct primary Franchise Franchise Influencing behaviors Influencing behaviors Initiative Initiative Political participation Political participation Progressivism Progressivism Recall Recall ReferendumReferendum Standard socioeconomic model Standard socioeconomic model Suffrage Suffrage Supportive behaviors Supportive behaviors Unconventional participationUnconventional participation PropositionProposition Proportional representation v. single member Proportional representation v. single member

districtdistrict "Winner takes all""Winner takes all" Motor-voter registrationMotor-voter registration

Political PartiesPolitical Parties

Caucus Caucus Congressional campaign committee Congressional campaign committee Critical electionCritical election Electoral College Electoral College Electoral dealignment // Electoral realignment Electoral dealignment // Electoral realignment Majority representation Majority representation Ralph Nader and the Green Party in 2000 presidential Ralph Nader and the Green Party in 2000 presidential

election election National committee National committee National convention National convention Nomination Nomination Party conference Party conference Party identificationParty identification Party machine Party machine Party platform Party platform Political party Political party Political system Political system

Responsible party gov’t Responsible party gov’t Ross Perot's Reform Party in 1992 and 1996Ross Perot's Reform Party in 1992 and 1996 Single Party systemSingle Party system Third Parties Third Parties Two-party systemTwo-party system Weak party system Weak party system Closed primaryClosed primary Election campaign Election campaign Federal Election Commission Federal Election Commission General election General election Open election Open election Open primaryOpen primary Presidential primary Presidential primary Primary election Primary election Split ticket votingSplit ticket voting Straight ticket Straight ticket Presidential elections: 1800/1824, 1860, 1876, 1896, 1932, Presidential elections: 1800/1824, 1860, 1876, 1896, 1932,

1960, 1968, 1980, 1992, 20001960, 1968, 1980, 1992, 2000

Political Action CommitteesPolitical Action Committees

Agenda buildingAgenda building Coalition building Coalition building COPE COPE Direct lobbying Direct lobbying Free-rider problemFree-rider problem Grassroots lobbying Grassroots lobbying Information campaign Information campaign Interest group Interest group Lobby Lobby Lobbyist Lobbyist Membership bias Membership bias Political action committee [PAC]Political action committee [PAC] Program monitoring Program monitoring

Public interest group Public interest group Ralph Nader Ralph Nader Trade association Trade association Iron trianglesIron triangles MuckrakersMuckrakers Examples of single issue interest groupsExamples of single issue interest groups Targeted mailersTargeted mailers "Capture" theory"Capture" theory DisclosureDisclosure Deregulation Deregulation

Legislative BranchLegislative Branch

Casework Casework Cloture Cloture Conference committee Conference committee Constituents Constituents Delegate Delegate Descriptive representation Descriptive representation Filibuster Filibuster Gerrymandering Gerrymandering Impeachment Impeachment Incumbent Incumbent Joint committeeJoint committee Line item vetoLine item veto Majority leader Majority leader Oversight Oversight Parliamentary systemParliamentary system Pocket veto Pocket veto

Racial gerrymandering Racial gerrymandering Reapportionment Reapportionment Select committee Select committee Seniority Seniority Speaker of the HouseSpeaker of the House Standing committee Standing committee Trustee v. PoliticoTrustee v. Politico Veto Veto

Executive BranchExecutive Branch

Cabinet Cabinet Delegation of powers Delegation of powers Divided governmentDivided government Executive Office of the President Executive Office of the President GridlockGridlock Inherent powers Inherent powers Legislative liaison staff Legislative liaison staff Mandate Mandate Veto Veto The New Deal, 1930sThe New Deal, 1930s The Cold War, 1947 - 1989The Cold War, 1947 - 1989 Containment strategy of George KennanContainment strategy of George Kennan Truman Doctrine, Marshall PlanTruman Doctrine, Marshall Plan

Nixon and Kissinger, detenteNixon and Kissinger, detente War Powers Act of 1974War Powers Act of 1974 Iran-Contra, 1980sIran-Contra, 1980s Laissez faire, KeynesianLaissez faire, Keynesian, Monetarism, Monetarism Balance of power -- collective securityBalance of power -- collective security

BureaucracyBureaucracy

Administrative discretion Administrative discretion BureaucracyBureaucracy [Bureaucrat] [Bureaucrat] Civil serviceCivil service Department Department Deregulation Deregulation Government corporation Government corporation Incrementalism Incrementalism Independent agency Independent agency Norms Norms Regulation Regulation Regulatory commission Regulatory commission Rule making Rule making Total quality management Total quality management

Judicial BranchJudicial Branch

Amicus curiae briefAmicus curiae brief Appellate jurisdictionAppellate jurisdiction Argument Argument Civil case Civil case Class action Class action Common [judge-made] law Common [judge-made] law Concurrence Concurrence Criminal case Criminal case Dissent Dissent Docket Docket Federal questionFederal question Judgment Judgment

Judicial activism Judicial activism Judicial restraint Judicial restraint Judicial review Judicial review Original jurisdiction Original jurisdiction Plea bargain Plea bargain PrecedentPrecedent Rule of fourRule of four Senatorial courtesy Senatorial courtesy Solicitor general Solicitor general US courts of appeals US courts of appeals US district courts US district courts

Rights and LibertiesRights and Liberties Civil liberties / Civil rightsCivil liberties / Civil rights Establishment clause / Free-exercise clauseEstablishment clause / Free-exercise clause Strict scrutinyStrict scrutiny Prior restraintPrior restraint Free-expression clausesFree-expression clauses Clear and present danger test / Fighting wordsClear and present danger test / Fighting words Public figuresPublic figures Bill of attainderBill of attainder Ex post facto lawEx post facto law Obligation of contractsObligation of contracts Miranda warningMiranda warning Exclusionary ruleExclusionary rule Good faith exceptionGood faith exception Lemon v. KurtzmanLemon v. Kurtzman Tinker v. Des Moines Indepent County School DistrictTinker v. Des Moines Indepent County School District Miller v. CaliforniaMiller v. California New York Times v. SullivanNew York Times v. Sullivan Gideon v. WainwrightGideon v. Wainwright Griswold v. ConnecticutGriswold v. Connecticut Roe v. WadeRoe v. Wade

Civil Rights and LibertiesCivil Rights and Liberties

Affirmative action v. quotasAffirmative action v. quotas Black codes Black codes Boycott Boycott Civil disobedience Civil disobedience Civil Rights movement Civil Rights movement De facto segregation De facto segregation De jure segregation De jure segregation Desegregation v. integrationDesegregation v. integration Equal Rights Amendment Equal Rights Amendment Equality of opportunity // Equality of outcome Equality of opportunity // Equality of outcome Nineteenth Amendment Nineteenth Amendment Poll tax Poll tax Protectionism Protectionism Racial segregation Racial segregation Racism Racism Separate-but-equal doctrine Separate-but-equal doctrine Sexism Sexism

EconomyEconomy

Agenda setting Agenda setting Council of Economic Advisors Council of Economic Advisors Deficit financingDeficit financing Entitlements Entitlements Federal Reserve SystemFederal Reserve System Feedback Feedback Feminization of poverty Feminization of poverty Fiscal policies v. Monetary policiesFiscal policies v. Monetary policies Food stamp program Food stamp program Implementation Implementation Incremental budgeting Incremental budgeting Issue network Issue network Keynesian theoryKeynesian theory Medicare Medicare Monetarists Monetarists

Policy evaluation Policy evaluation Policy formulation Policy formulation Poverty level Poverty level Progressive taxation Progressive taxation Public assistance Public assistance Public policy Public policy Social insurance Social insurance Social security Social security Social Security ActSocial Security Act Social welfare programs Social welfare programs Supply-side economics Supply-side economics Temporary Assistance for Needy Families Act Temporary Assistance for Needy Families Act Uncontrollable outlay Uncontrollable outlay Welfare stateWelfare state