-
Police face increasing accusations of excessive or unwarranted uses of force.
Supreme Court Cases Limiting Force:
Tennessee v. Garner (1985): Limited police use of lethal force.
Graham v. Connor (1989): Juries must consider if the officer believed force was reasonable at the moment it was used.
Qualified Immunity. -
○ Government: people and institutions with power to make and enforce rules
○ Politics: how societies resolve conflicts over scarce resources
■ Maintains order through persuasion, rewards, threats, or punishment
■ Courts settle disputes when needed
Providing Public Services
■ Evolutionary: developed over time from family units
Force: power seized by force
■ Divine Right: ruler's authority comes from God(s)
■ Social Contract: people agree to follow rules in exchange for protection -
○ Created at the Constitutional Convention to replace the Articles of Confederation
■ First U.S. government plan; created a weak national government
○ The Preamble outlines the goals of the Constitution and explains the purpose of this new government.
■ A system where power is divided between a national (central) government and state governments
○ Three main parts: Preamble = introduction; states the purpose
Articles = outline the framework of government
■Amendments = formal changes/additions -
■ House of Representatives = representation by population
Senate = equal representation (2 per state)
Article I, Section 1:
Vests all legislative powers in Congress
Congress = Senate + House
House: 2-year terms
Senate: 6-year terms
Elections in November
Congressional term = 2 years
Period during which elected Congress meets
At least 25 years old
7 years U.S. citizen
Resident of represented state
Expected to represent interests of local constituents
○ Apportionment Reapportionment -
○ Civil liberties protect people from government actions. Example: freedom of speech
○ Civil rights guarantee equal treatment under the law. Example: protection from discrimination Bill of Rights protects both civil liberties and civil rights.
Limits on Government Power 1st: Religion, speech, press, assembly, petition 2nd: Bear arms 3rd: No forced housing of soldiers 4th: No unreasonable searches/seizures 5th: Legal protections (due process, no double jeopardy, etc.) 6th: Fair criminal trials. -
■ Public bill: applies to the nation as a whole
■ Private bill: applies only to specific persons/places; often helps constituents
■ Resolution: formal statement of intent
● Joint resolution: force of law; must pass both chambers + president’s signature
● Concurrent resolution: requires both chambers, not president; internal matters
● Simple resolution: applies to one chamber only
○ Bill Procedure
■ Bill receives number + title describing contents -
■ Greater prestige and power than the House
● Senators and Representatives earn same salary
■ Better known than members of the House
Election of Senators:
Originally chosen by state legislatures
17th Amendment (1913) → direct election by voters
At least 30
US Citizen for 9 years
Resident of state they represent
Senators serve staggered 6-year terms
1/3 of senate seats are up for election every 2 years.○ Informal qualifications:
Typically older and wealthier
Very costly to run
Less diverse -
-
■ Controls agenda, schedules bills, committee assignments
■ Decides who may speak, interprets rules, calls votes
■ Next in line of succession after VP
■ Must vote to break a tie; may vote to create a tie (defeat a bill)
○ Other leaders:
■ Majority Leader
■ Minority Leader
■ Majority/Minority Whips: count votes, enforce party discipline, advise leaders
● Senate Leadership
○ Vice President = President of the Senate
■ May vote only to break ties
■ Cannot debate or take part in Senate business -
Magna Carta (1215) → limited government
Parliament → representative model
Petition of Right (1628) moved more power from king to parliament
Philosophical Influences
Judeo-Christian ethics: moral foundation
William Blackstone: precedent in law
John Locke: natural rights (life, liberty, property); government’s role is to protect them
Principles of American Democracy
Equality in voting
Individual freedoms
Equal protection under the law
Majority rule with minority rights
Consent of the governed. -
What Is Ideology?
Set of beliefs about government, human nature, and society
Conservatism
Limited gov’t in economy
Support for traditional values
Liberalism
Gov’t should promote well-being and protect civil rights
Beyond Liberalism Conservatism
Moderates: avoid ideological extremes
Socialism: economy guided by community needs
Communism: state controls resources and production
Libertarianism: oppose almost all gov’t interference. -
What Is Ideology?
Set of beliefs about government, human nature, and society
Conservatism
Limited gov’t in economy
Support for traditional values
Liberalism
Gov’t should promote well-being and protect civil rights
Beyond Liberalism Conservatism
Moderates: avoid ideological extremes
Socialism: economy guided by community needs
Communism: state controls resources and production
Libertarianism: oppose almost all gov’t interference -
First U.S. constitution → Congress of the Confederation
Powers:
Wage war, make peace
Settle disputes between states
Limits:
No power to tax or raise armies
9 of 13 states needed to pass laws
Weaknesses
Each state had one vote regardless of population
Too difficult to pass laws
9 states needed to pass legislation
All 13 states had to approve any changes to Articles
Too many limits on Congress
No court system
No way to tax and states didn’t contribute enough money -
Constitution: framework outlining government structure powers
Framers drew from:
English political heritage
Philosophy, law, political science
Colonial self-government experience
Native Americans → 10,000+ years in North America
African Americans → largely enslaved; no political voice
Major economic cultural contributions
Early Colonial Government
Jamestown, VA (1607)
First permanent settlement
House of Burgesses (1619): first colonial legislature
Plymouth, MA (1620) -
Virginia Plan
Favored big states; representation based on population
New Jersey Plan
Favored small states; equal representation of each state
Great Compromise (Current System)
Reps. based on population in House of Reps
Equal representation in Senate (Chosen by State Legislators)
Constitutional Structure
Executive Branch
President = commander in chief
Appoints officials (Senate must approve)
Chosen by Electoral College
Judicial Branch
Independent courts
Created lower courts below Supreme Court -
More taxes → more protests boycotts
Tea Act (1773)
Created British tea monopoly
Sparked Boston Tea Party
Coercive Acts (1774)
British retaliation → colonists label them “Intolerable Acts”
Colonial Unity Grows
First Continental Congress (1774)
Called for repeal of Coercive Acts, boycott of British goods
Formed militias committees of safety
Second Continental Congress (1775)
After Lexington Concord
Assumed central government powers
Appointed George Washington commander -
Power divided between national and state governments
National powers override conflicting state laws
Reserved powers = powers not given to the national government
Remain with the states
Outlined in 10th Amendment
Separation of Powers
In the United States, the division of government power among three co-equal branches
Legislative → Congress makes laws
Executive → President enforces laws
Judicial → Courts interpret laws
Prevents concentration of power in one branch
Checks and Balances. -
Constitutional Convention (1787)
Held in Philadelphia
Key delegates: Washington, Franklin, Madison, Hamilton
Most were wealthy, educated elites
Plans for the Constitution
Virginia Plan
Favored big states; representation based on population
New Jersey Plan
Favored small states; equal representation of each state
Great Compromise (Current System)
Reps. based on population in House of Reps
Equal representation in Senate (Chosen by State Legislators)
Constitutional Structure
Executive Branch -
ational government holds all governing authority
May delegate (assign) limited power to lower units
Most common system globally
U.S. state governments are examples of unitary systems
Confederate System
National government operates only with permission of states
Few true examples exist today
Federalism
Established by U.S. Constitution
Balances unity and regional diversity in a large country
Advantages of Federalism
Efficiency: States manage local needs more directly. -
The idea that people hold the ultimate power in a government
Citizens give the government its power through elections and civic participation
Republicanism
A system where citizens elect representatives to govern on their behalf
Prevents direct rule by uninformed voters or demagogues
Leader who gains power by appealing to emotions and making false promises
Bill of Rights: First 10 amendments; guarantees civil liberties
22nd Amendment: limits a president to two elected terms (1951) -
Judiciary Act of 1789 established federal courts
Created three levels:
District courts → trial courts
Circuit courts → handle appeals
Supreme Court → highest appellate court
Created positions:
Attorney General → chief legal advisor to the government
U.S. Attorneys → represent federal government in district courts
Congress can change or expand the judiciary system
Congressional Power and Key Clauses
Elastic Clause (Necessary and Proper Clause) -
Federalism has been shaped by landmark decisions:
Marbury v. Madison (1803) established judicial review
McCulloch v. Maryland (1819) upheld implied powers
Court ruled 2nd Bank of US was “necessary and proper”
Maryland couldn’t tax bank b/c it could weaken national gov’t
"The power to tax is the power to destroy."
Gibbons v. Ogden (1824) interpreted commerce clause broadly
Gave federal gov’t. exclusive power to control interstate commerce
Nullification Crisis. -
Political push beginning in the 1970s to reduce national control
Devolution = transfer of power back to the states
Welfare Reform (1996)
Gave states more control over welfare (public assistance programs)
Court decisions in 1990s–2000s sometimes limited federal power
US v. Lopez → struck down Gun-Free School Zones Act
Ruled it was not related to interstate commerce
Continuing Conflict Over Authority
Politics of Federalism shift by party and issue
Democrats: sometimes supported state power (e.g., -
Civil liberties protect people from government actions.
Example: freedom of speech
Civil rights guarantee equal treatment under the law.
Example: protection from discrimination
Bill of Rights protects both civil liberties and civil rights.
Limits on Government Power
Writ of habeas corpus → Government must explain why someone is jailed.
Prevents secret or unfair imprisonment
Bills of attainder + ex post facto laws banned -
Strongly protected under the Preferred Position Doctrine
Laws limiting the First Amendment are generally unconstitutional unless absolutely necessary
Prior restraint generally unconstitutional
Censorship before publication
Reporters don’t have a right to keep sources secret
Commercial speech can be limited
Restrictions must be limited and directly related to significant government interest
The Right to Assemble and Petition
Assembly = gathering in groups (meetings, protests, rallies, sit-ins) -
Civil rights: rights that allow equal participation in public life
Guaranteed by the 14th Amendment
Equal protection → Government must treat people fairly.
Fed gov’t can step in if a state fails to do so.
No unreasonable discrimination allowed by the government.
Scrutiny: level of care courts use to judge discrimination
Used to decide if a law treats people unfairly
Defining Citizenship
Citizenship = loyalty to a country + protection from that country. -
The original Constitution did not ban or limit slavery.
After the Civil War, the government worked to protect the rights of freedmen.
Formerly enslaved people who were emancipated
Reconstruction Amendments
13th Amendment (1865) Abolished slavery
14th Amendment (1868) Birthright citizenship + equal protection
15th Amendment (1870) Voting regardless of race
A Legacy of Discrimination
Jim Crow Laws
Southern states passed Jim Crow laws to enforce segregation. -
Due process: fair treatment by the government when taking life, liberty, or property
Two types:
Procedural due process → Focuses on how laws are applied
Gov’t must follow fair procedures before punishing someone
Includes right to a neutral decision-maker (not always a judge)
Substantive due process → Focuses on what laws say
States can’t pass laws that limit basic rights without strong reason
States must follow due process rules. -
After the Civil War, women formed groups to fight for suffrage (the right to vote):
15th Amendment → Gave Black men the right to vote, but not women.
World War I → Women gained new job opportunities, including in U.S. Navy.
After 70 years of activism, 19th Amendment (1920) gave women the right to vote.
Feminism and Equal Rights
Feminism: belief in full political, economic, and social equality for women
Many women pushed for the Equal Rights Amendment (1970s). -
People with Spanish-speaking ancestry; Largest U.S. ethnic minority
History of community groups to fight discrimination
League of United Latin American Citizens (1929)
National Farm Workers Association (1962)
Voter turnout + congressional representation ↑
Mex. Americans Puerto Ricans = Dem; Cuban Americans = Rep
Civil Rights for Asian Americans
Many Chinese immigrants came between 1848–1870
Chinese Exclusion Act (1882) banned Chinese immigration -
Grant pardons or amnesty.
Make treaties (with Senate approval).
Appoint federal judges, ambassadors, Cabinet officials (w/ Senate confirmation).
Issue executive orders to direct government operations.
Informal Powers
Use of media and public opinion to influence policy.
Ability to act quickly in crises.
Expansion of Power
Some claim an unwritten “doctrine of necessity” allows expanded powers in emergencies.
After 9/11, presidential authority increased, and Congress was slow to reassert itself. -
Funding the Government
Most revenue comes from taxes, including payroll taxes for Social Security and Medicare.
National Debt
When spending exceeds revenue, the government borrows, increasing the national debt.
Major Spending Categories
Social Spending
Programs for both the needy and the general population.
Social Security and Medicare are paid to all who qualify, regardless of income.
Together, they make up almost 40% of the federal budget. -
A system of legal tradition based on past experiences or court cases
Originated in England as a uniform system of law applied across all counties.
Precedents
Judges based rulings on earlier cases.
These rulings became part of the law, forming precedent
An earlier action used as an example in similar circumstances
Stare Decisis
Judges are obligated to follow precedents within their jurisdiction.
U.S. Supreme Court decisions are binding on all lower courts. -
Chief Executive
Enforces laws and manages the executive branch.
Commander in Chief
Leads the armed forces; can deploy troops.
Chief Diplomat
Directs foreign policy, negotiates treaties, and recognizes foreign governments.
Legislative Leader
Proposes legislation; can issue signing statements to clarify how laws will be enforced; may veto bills.
Head of State
Represents the nation at ceremonial functions.
Economic Leader
Helps shape the federal budget and economic policy.
Political Party Leader. -
A large, complex organization that functions through standardized rules and procedures.
Creating the Bureaucracy
Congress creates all federal agencies and bureaus.
To establish a new agency, Congress must pass legislation specifying its name, purpose, composition, and powers.
Agencies may be empowered to issue regulations (detailed rules with the force of law).
Civil Service and Merit System
Most federal employees are hired through the civil service based on merit, not political loyalty. -
Civil Law
Governs duties owed between individuals or organizations.
The injured party (plaintiff) files a lawsuit seeking compensation.
Defendants cannot be jailed for losing a civil case.
Criminal Law
Governs actions that are harmful to society.
Crimes like burglary, murder, or assault are punishable by law.
Fines, imprisonment, or death in capital crimes.
Misdemeanors: minor offenses (e.g., petty theft, traffic violations).
Felonies: serious crimes (e.g., arson, robbery, kidnapping). -
Serve as trial courts for federal cases.
Cases heard by a judge or jury.
Have original jurisdiction over both civil and criminal federal law.
Each state has at least one district court (94 total)
U.S. Circuit Courts (Court of Appeals)
Reviews lower court decisions for errors in law or procedure.
Typically decided by a panel of three or more judges.
Functions
Reviews state cases involving federal issues.
Hears appeals involving federal agencies. -
9 justices: 8 associate justices + 1 chief justice.
All justices nominated by the president and confirmed by the Senate.
Trial jurisdiction
Lawsuits between 2+ states
Cases involving ambassadors or certain federal officials.
Appellate jurisdiction
Cases previously decided by U.S. Courts of Appeals and some state courts that involve a federal question.
Writ of certiorari
Required for the Supreme Court to review a case decided by a lower court. -
Issues of Broad Language
When the law is unclear, courts’ interpretations can create new precedent
These decisions are “policy-making.”
The Supreme Court has influenced national policy in areas such as:
Privacy rights. Disability accommodations under the Americans with Disabilities Act (ADA).
Regulation of modern communication technology.
The Power of Judicial Review
Judicial review is the authority of courts to determine the constitutionality of actions by the legislative or executive branches -
Nominating Candidates to the Courts
Supreme Court justices nominated by president + serve for life
Established by Constitution.
Impeachment clause applies to federal judges
Allows removal for misconduct or ethical violations.
Choosing a Supreme Court Candidate
No formal qualifications required to be on Supreme Court.
Most justices have extensive legal education and judicial experience.
Modern presidents have diversified the Court by gender, race, and ethnicity. -
Political parties emerged early in US history
Not mentioned in Constitution
Federalists vs Democratic-Republicans
Formed first party competition
Early leaders such as Hamilton and Jefferson disagreed on scope of federal power
Party rivalry shaped public debate, elections, and policy-making
Evolution Through US History
1800s: Expansion of suffrage strengthened party competition
1828: Jacksonian Democrats built a mass political movement
1850s: Republican Party rose opposing spread of slavery. -
Organize voters and candidates under shared platforms
Simplify complex political issues for public
Provide structure for governing and accountability
Link citizens to gov’t at all levels
Enable minority to check majority
Party Structure
Three components:
Party in electorate
Party organization (national, state, local)
Party in gov’t
Party in the Electorate
Voters declare party preference to vote in primaries
Includes opinion leaders, celebrities, donors, interest groups
Incentives. -
Begins election cycle
Goal = to weed out less-successful candidates early on
Caucus: Meeting of party members to select candidates
Local party members gather and establish winner for each precinct
Caucuses have complex rules but are generally open to all party members
Today, only handful of states use caucus system
Front-Loading and Delegate Rules
Front-Loading: Trend of moving a primary or caucus earlier in the calendar year
AKA "The Rush to Be First. -
Candidates are self-proclaimed and appear on ballot after filing petition
Fees or min. number of signatures required for high offices
Growth of Party System
2 major parties by end of Washington’s presidency
Some 3rd parties have gained popularity, but always returns to 2
Historical Nominating Methods
Early Caucuses
Meetings of influential citizens or Congressmen to nominate President VP
Convention System
Nominating Convention
Prior to primaries (1800s). -
Voting Rights Act (1965) restored votes to many disenfranchised
Basic Requirements:
Must be a U.S. citizen.
Residency requirement: Maximum of 30 days (26 states still have rules).
26th Amendment (1971): Minimum voting age set at 18.
Disqualifications:
Inmates, severe mental illness, and election-law violators
Registration = State-controlled; procedures vary
North Dakota only state no required pre-registration.
2016: 245.5 million voting age; 158 million registered. -
Activities undertaken to influence gov’t decisions
Formation Challenges
Reasons: Response to gov’t involvement, perceived threat/challenge, belonging, special incentives, satisfaction of taking action
Free Rider Problem:
Group efforts (laws/policies) affect everyone, including Free Riders
Individuals who benefit without contributing
Limiting Impact of Free Riders
Nonprofit status reduces costs + special benefits for members incentivizes joining
Functions of Interest Groups. -
Election Day: First Tuesday after first Monday in November.
Voting Methods:
Early Voting: 38 states + D.C. allowed early in-person voting by 2020.
All-Mail Elections: States like Oregon, Washington, and Colorado conduct all-mail elections
Ballots mailed to all registered voters
Eliminates need for early voting
The Secret Ballot: All states ensure privacy using anonymous ballots
Includes paper, machine, mail -
Party recruits volunteers, organizes “Get Out The Vote”; establishes platform
Consultant Role
Candidates rely on professional consultants, not party leadership, for strategy
Researches opposition, conducts polls, designs ads, writes speeches, manages media (TV, radio, digital, social media).
Research Marketing
Opposition Research: Collecting any useful information about opponents
Goal = Gathering damaging information for negative ads
Shifts focus from policy to controversy.
2016. -
Election Clause (Art. I, Sec. 4): States set time, place, and manner.
Congress retains right to change rules; set date in 1872
Congressional elections held even-numbered years on First Tuesday after first Monday in November
Presidential Elections:
Congress decides when voters choose electors and when Electoral College casts votes (Art. II, Sec. 1).
Held every 4 years; 1st Tues after 1st Mon. in Nov.
Special Elections held to resolve unexpected issues before next general election -
Elections are primary way voters communicate opinions to lawmakers
Polls attempt to understand what matters most to voters before and after elections
Early Polling
Straw poll: Unofficial nonscientific poll
Cannot ensure responses represent population
Scientific polling began in the 1930s
Pioneered by George Gallup and Elmo Roper as market research tools
Shift in Polling Methods
Door-to-door → telephone → computer dialing/prerecorded messages. -
Rooted in broader socialization: learning group norms
Major Agents of Socialization:
Family: Primary influence in early childhood; shapes initial values/leanings.
School Religion: Schools reinforce civic norms; religious beliefs influence moral, social, and political views
Media: Often equals family in shaping attitudes; provides continuous exposure
Confirmation Bias: Tendency to interpret information in ways supporting existing beliefs. -
Goal: Keep prices for essential goods from rising too rapidly.
Inflation ↑ = Dollar's purchasing power ↓
Economic Growth
Goal: Promote expansion of business activity and overall output
Growth → Businesses increase hiring → Families gain higher income
Low Unemployment
Goal: Ensure workers who want a job can find one.
The Business Cycle: Expansion and Contraction
Economy naturally moves between periods of growth and slowdown
Expansions (Booms): Period of strong economic growth. -
The Problem with Imported Oil
U.S. reliance on foreign oil = diplomatic and economic problems for policymakers
Many exporting nations are not friendly with the U.S
Solutions
Sources of imported oil are diversified; U.S. receives nearly 60% of imported oil from Canada, a friendly neighbor
U.S. has become world’s largest crude oil producer
Oil prices fluctuate frequently, which directly affects the U.S. economy
Climate Change: Human Caused vs. Natural. -
rivacy rights inferred from the Bill of Rights (creating "Zones of Privacy").
Supreme Court established the "reasonable expectation of privacy" (Katz v. US, 1967)
Includes digital devices (Riley v. California, 2014)
Issues with the Current Approach
Current laws focus primarily on gov’t intrusion
Americans concerned about private sector intrusion
Social Media, AI, Data Brokers collecting and selling data. -
U.S. has one of the highest levels of global incarceration (541/100,000 Americans in jail/prison, 2025)
~2 million people incarcerated in the U.S (2024)
Incarceration rate has been generally decreasing since 2010s
Discrimination in Incarceration:
Black Americans 5x as likely to be imprisoned as White Americans (2020)
Hispanic Americans ~2x as likely to be imprisoned
Other significant disparities based on gender and ethnicity
Possible reasons = racial/gender biases + community-level poverty. -
The Current U.S. Healthcare System
Coverage Source: Most people with health insurance receive coverage through their employer.
Key Regulation: Insurance companies can no longer deny coverage based on "preexisting conditions."
Cost Issues:
Prices for certain medications and procedures are higher than in other developed countries.
Some people choose not to treat diseases (like cancer or diabetes) due to high cost.
Others ration, or spread out, treatments to reduce costs. -
Two-step process requires broad support:
Proposal
By 2/3 of Congress OR a national convention
No amendments have been proposed by convention
Ratification
By 3/4 of state legislatures or conventions
Each step requires a supermajority
A percentage more than a simple (51%) majority, such as 2/3 or 3/4
Reasons for Amending the Constitution
Protect and clarify rights
Bill of Rights added soon after ratification.