Political Science: An Introduction

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1 Political Science: An Introduction
Fourteenth Edition Roskin | Cord | Medeiros | Jones Chapter 4 Constitutions and Rights

2 Constitutions 4.1 Distinguish between constitutions and statutes. Constitutions are important documents because the specify the rules of government. Constitutions The rules or customs, either written or unwritten, of how government is run. Almost all countries in the world have constitutions, as they serve to create and define power. They are, with the exceptions of dictatorships, the highest law in the land minority: Subgroup distinct by background, viewpoint, or practice within the larger society. statute: An ordinary law passed by a legislature, not part of the constitution. constitution: Basic rules that structure a government, usually written.

3 Constitutions Constitutions are different from statutes.
4.1 Distinguish between constitutions and statutes. Constitutions are different from statutes. Statutes are general laws passed by legislatures, while constitutions specify the basic structure and framework of government. Constitutions also almost always have some specification of individual rights for citizens. minority: Subgroup distinct by background, viewpoint, or practice within the larger society. statute: An ordinary law passed by a legislature, not part of the constitution. constitution: Basic rules that structure a government, usually written.

4 Constitutions 4.1 Distinguish between constitutions and statutes. Political scientists study the written documents as well as what is actually practiced. Many states might have constitutions that say one thing, but political behavior can be very different. The U.S. Constitution differs from other states in that it is fairly brief and considerably less detailed than others. minority: Subgroup distinct by background, viewpoint, or practice within the larger society. statute: An ordinary law passed by a legislature, not part of the constitution. constitution: Basic rules that structure a government, usually written.

5 The General Nature of Constitutional Law (1 of 2)
Because a constitution cannot cover every problem, courts have to interpret the meaning of the constitution. Judicial review is a power that is relatively new and began with the American courts. Gives power to rule on the constitutionality of legislation. judicial review: Ability of courts to decide if laws are constitutional; not present in all countries. judicial activism: Judges' willingness to override legislatures by declaring statutes unconstitutional. judicial restraint: Judges' unwillingness to overturn statutes passed by legislatures. Basic Law: (German Grundgesetz) Germany's constitution since 1949.

6 The General Nature of Constitutional Law (2 of 2)
Courts are never consistent and how they read the constitution depends on how activist they are. Judicial activism The willingness of a judge to strike down legislation or practices. Judicial restraint The court's job is not to legislate but to follow the will of Congress; therefore judges are unwilling to overturn statutes passed by legislatures judicial review: Ability of courts to decide if laws are constitutional; not present in all countries. judicial activism: Judges' willingness to override legislatures by declaring statutes unconstitutional. judicial restraint: Judges' unwillingness to overturn statutes passed by legislatures. Basic Law: (German Grundgesetz) Germany's constitution since 1949.

7 Constitutions and Constitutionalism (3 of 4)
Constitutionalism refers to the degree to which power is limited in society. Constitutionalism has its roots in the Magna Carta, which limited the rights of the monarch in relation to the nobility. In theory, constitutionalism limits the ability of the state to trample the rights of citizens, but this varies, as evidenced by the U.S. actions against Japanese- Americans during WWII. political culture: The psychology of the nation in regard to politics. constitutionalism: Degree to which government limits its powers.

8 The Purpose of Constitutions (1 of 3)
Constitutions serve three general purposes. A statement of national ideals The Preamble to the U.S. Constitution is an eloquent and precise statement of the values and ideals that matter in the U.S. creed; justice, domestic tranquility, etc. separation of powers: U.S. doctrine that branches of government should be distinct and should check and balance each other; found in few other governments. State Duma: Russia's national legislature. constituent assembly: Legislature convened to draft new constitution.

9 The Purpose of Constitutions (2 of 3)
Formalizes the structure of a government Articulating who has power How much power they have The uses of that power The limits on that power. separation of powers: U.S. doctrine that branches of government should be distinct and should check and balance each other; found in few other governments. State Duma: Russia's national legislature. constituent assembly: Legislature convened to draft new constitution.

10 The Purpose of Constitutions (3 of 3)
Establishes the legitimacy of a government Both symbolic and practical. Most constitutions were written after regime changes and seek to justify the new order's right to rule. Constituent assemblies are formed for this purpose. separation of powers: U.S. doctrine that branches of government should be distinct and should check and balance each other; found in few other governments. State Duma: Russia's national legislature. constituent assembly: Legislature convened to draft new constitution.

11 Can Constitutions Ensure Rights?
4.3 Explain the variety of "rights" in the modern world. If Constitutionalism refers to the degree to which power is limited in society…can constitutions ensure… Civil liberties? Civil rights? Minority groups?

12 Civil Liberties and Civil Rights
Universal Declaration of Human Rights (UDHR) United Nations General Assembly in Paris 1948, establishes fundamental human rights to be universally protected. Include rights to life, freedom of assembly, expression, movement, religion, and political participation…as well as right to work, education, marry, raise and provide for a family. IMPOSSIBLE to enforce………..why?

13 Minority Groups and Civil Liberties
The Declaration says that minorities have a right to preserve their cultures, but there is often pressure by the majority to make the minority conform (e.g. speak their language). It is unclear whether the Declaration should be enforced in these cases. This is illustrated by the U.S. debate on multiculturalism.

14 The Adaptability of the U.S. Constitution
4.4 Explain how U.S. judicial review was a first among constitutions. Constitutions are not static documents—they can change and evolve over time. Because constitutions cannot foresee every problem that might arise, they have to be flexible to be enduring. Marbury v Madison – allows the courts to review federal and state laws to see if one part of the constitution is at odds with another

15 Adaptability - The Right to Bear Arms
A good example is the evolution of the U.S. Constitutional provision on the right to bear arms. US v Miller – allowed restrictions on gun ownership DC v Heller – Districts gun law violated 2nd Amendment. 2nd Amendment contains the militia clause, but is there an inherent individual right apart from belonging to a militia? human rights: Freedom from government mistreatment such as arrest, torture, jail, and death without due process. civil rights: Ability to participate in politics and society, such as voting and free speech; sometimes confused with but at a higher level than human rights. economic rights: Guarantees of adequate material standards of living; the newest and most controversial rights. constructed: Something widely believed as old and hallowed but actually recent and artificial.

16 Freedom of Expression Free speech is critical in democratic societies.
4.5 Trace the development of the U.S. right to free speech. Free speech is critical in democratic societies. Freedom of expression is protected by the First Amendment to the Constitution, which says Congress shall make no law abridging the freedom of speech. Freedom of speech is an American problem with all sorts of restrictions on speech. Charlie Hebdo case 2015 in Paris

17 Freedom of Expression in the U.S. (2 of 3)
4.5 Trace the development of the U.S. right to free speech. Free speech is critical in democratic societies. Free speech is an extremely difficult topic and has many subtle implications. UDHR…with restrictions….why? Constitutions must balance your rights with mine. What is and isn’t protected? Protected – unpopular, hate and symbolic speech, prior restraint Not Protected – libel, slander, obscenity, fighting words

18 Freedom of Expression Charlie Hebdo – 2015 murder of 12 staffers by Muslim extremists. Free speech vs hate speech Gitlow v NY – “clear and present danger” restricted speech based on “substantive evils” NY Times v US – court protected speech by striking down restrictions on prior restraint