US Constitution

1. US Constitution For My 2005-2006 BC History Classes

2. “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

3. "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

4. How Democratic Is the USby Howard Zinn • I propose a set of criteria for the description "democratic" which goes beyond formal political institutions, to the quality of life in the society (economic, social, psychological), beyond majority rule to a concern for minorities, and beyond national boundaries to a global view of what is meant by "the people," in that rough, but essential correct view of democracy as "government of, by, and for the people." Let me list these criteria quickly, because I will go on to discuss them in some detail later: • 1. To what extent can various people in the society participate in those decisions which affect their lives: decisions in the political process and decisions in the economic structure? • 2. As a corollary of the above: do people have equal access to the information which they need to make important decisions? • 3. Are the members of the society equally protected on matters of life and death - in the most literal sense of that phrase? • 4. Is there equality before the law: police, courts, the judicial process - as well as equality with the law enforcing institutions, so as to safeguard equally everyone's person, and his freedom from interference by others, and by the government?

5. 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?

6. Political Theory

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

8. Constitutionalism • Autocracy • C. Wright Mills – The Power Elite • Charles Beard – An Economic Interpretation of the Constitution • Constitutional democracy • Cuba's contract with workers • Deliberative democracy • Democracy • Democratization • Elite model of democracy • England's unwritten constitution • Incorporation of Bill of Rights [link to 14th Amendment] • Interest group • Iron triangle • Majoritarian model of democracy • Majority rule • Michael Parenti – elite theorist, media bias • Minority rights

9. Nicaragua's constitution • Noam Chomsky – elite theorist, concision/marginalization • Noam Chomsky - crisis of democracy, threat of good example • Oligarchy • Participatory democracy • Pluralist model of democracy [Robert Dahl] • Political equality • Procedural democratic theory [substantive due process] • Representative democracy • Responsiveness • Substantive democratic theory • Universal participation

10. US Constitution • Articles of Confederation • Benjamin Franklin • Bill of Rights [incorporation] • Charles Beard - An Economic Interpretation of the Constitution • Checks and balances • Confederation • Daniel Shays' Rebellion • Declaration of Independence • Enumerated powers • Executive branch • Extraordinary majorities • Federalists and Anti-Federalists • Federalist Papers: Madison, Hamilton, Jay • Federalism • "Full faith and credit" clause • George Washington

11. Great Compromise • Implied powers • John Locke's "consent of the governed" • Judicial branch • Judicial review, Marbury case • Legislative branch • "Necessary and proper" clause • New Jersey Plan and Virginia Plan • Preamble • Republic • Republicanism • Second Continental Congress • Separation of powers • Social contract theory • Supremacy clause / Tenth Amendment • Thomas Paine, Common Sense

12. Federalism • Alien and Sedition Acts • Block grant • Categorical grant • Commerce clause • Confederal, unitary and federal systems • Cooperative federalism • County government • Dual federalism • Elastic clause • Extradition • Federalism • Formula grant • Fourteenth Amendment, nationalization/incorporation

13. Fourteenth Ameridment, "due process" & "equal protection" • Grant-in-aid • Home rule • Implied powers • "Interstate v. intrastate commerce" • John C. Calhoun, John Marshall, Dwight Eisenhower, LBJ, FDR, Reagan, • KERN COG • Mandate • Marbury v. Madison, 1803 • McCullough v. Maryland, 1819 • Missouri Compromise, 1820 • Municipal government • Nullification [interposition] • Preemption • Project grant • Restraint • School district • Special district • State’s rights, “original intent”

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

15. Media bias -- role of advertisers/profit motive • Fairness doctrine -- present contrasting views, notification of negative statements • Equal time rule -- candidate can purchase "equal time" near the end of the campaign • Off the record, background, deep background -- press concepts for revealing source

16. Political Participation • July, 1969 Fraternal Hall in Bakersfield, California • 1969 BC's professor Duane Belcher -- desegregation plan for the BCSD • 1974 Health, Education and Education [HEW] hearings find BCSD guilty of de jure segregation • 1970s Kern Council for Civic Unity [KCCU] agreements with local TV stations • 1978 Kern High School District [KHSD] draws new boundaries • “Bowling alone”

17. Class action suit • Conventional participation • Direct action • Direct primary • Franchise • Influencing behaviors • Initiative • Political participation • Progressivism • Recall • Referendum • Standard socioeconomic model • Suffrage • Supportive behaviors • Unconventional participation • Proposition • Proportional representation v. single member district • "Winner takes all" • Motor-voter registration

18. Political Parties • Caucus • Congressional campaign committee • Critical election • Electoral College • Electoral dealignment // Electoral realignment • Majority representation • Ralph Nader and the Green Party in 2000 presidential election • National committee • National convention • Nomination • Party conference • Party identification • Party machine • Party platform • Political party • Political system

19. Responsible party gov’t • Ross Perot's Reform Party in 1992 and 1996 • Single Party system • Third Parties • Two-party system • Weak party system • Closed primary • Election campaign • Federal Election Commission • General election • Open election • Open primary • Presidential primary • Primary election • Split ticket voting • Straight ticket • Presidential elections: 1800/1824, 1860, 1876, 1896, 1932, 1960, 1968, 1980, 1992, 2000

20. Political Action Committees • Agenda building • Coalition building • COPE • Direct lobbying • Free-rider problem • Grassroots lobbying • Information campaign • Interest group • Lobby • Lobbyist • Membership bias • Political action committee [PAC] • Program monitoring

21. Public interest group • Ralph Nader • Trade association • Iron triangles • Muckrakers • Examples of single issue interest groups • Targeted mailers • "Capture" theory • Disclosure • Deregulation

22. Legislative Branch • Casework • Cloture • Conference committee • Constituents • Delegate • Descriptive representation • Filibuster • Gerrymandering • Impeachment • Incumbent • Joint committee • Line item veto • Majority leader • Oversight • Parliamentary system • Pocket veto

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

24. Executive Branch • Cabinet • Delegation of powers • Divided government • Executive Office of the President • Gridlock • Inherent powers • Legislative liaison staff • Mandate • Veto • The New Deal, 1930s • The Cold War, 1947 - 1989 • Containment strategy of George Kennan • Truman Doctrine, Marshall Plan

25. Nixon and Kissinger, detente • War Powers Act of 1974 • Iran-Contra, 1980s • Laissez faire, Keynesian, Monetarism • Balance of power -- collective security

26. Bureaucracy • Administrative discretion • Bureaucracy[Bureaucrat] • Civil service • Department • Deregulation • Government corporation • Incrementalism • Independent agency • Norms • Regulation • Regulatory commission • Rule making • Total quality management

27. Judicial Branch • Amicus curiae brief • Appellate jurisdiction • Argument • Civil case • Class action • Common [judge-made] law • Concurrence • Criminal case • Dissent • Docket • Federal question • Judgment

28. Judicial activism • Judicial restraint • Judicial review • Original jurisdiction • Plea bargain • Precedent • Rule of four • Senatorial courtesy • Solicitor general • US courts of appeals • US district courts

29. Rights and Liberties • Civil liberties / Civil rights • Establishment clause / Free-exercise clause • Strict scrutiny • Prior restraint • Free-expression clauses • Clear and present danger test / Fighting words • Public figures • Bill of attainder • Ex post facto law • Obligation of contracts • Miranda warning • Exclusionary rule • Good faith exception • Lemon v. Kurtzman • Tinker v. Des Moines Indepent County School District • Miller v. California • New York Times v. Sullivan • Gideon v. Wainwright • Griswold v. Connecticut • Roe v. Wade

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

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

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