Government Final

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English Heritage

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1688 Glorious Revolution
1689 English Bill of Rights
these are all final events in long series of disagreements & conflicts with monarchs

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parliament - 2 chambers

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upper chamber - House of Lords - made up of aristocracy
lower chamber - House of Commons - made up of property owners and merchants

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John Locke

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1690 English philosopher wrote 2 essays on govt in his 2nd essay he said people have right to overthrow an unjust govt. this influenced thomas jefferson & other supporters of american revolution

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Declaration of Independence
Intro - Purpose

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to state that the United colonies are free and independent states from British crown. adopted in July 4, 1776 and announces independence of US

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Grievances listed in Dec. of Ind.

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list of repeated injuries & wrongful seizure of King of Great Britain over colonies

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Philosophy of Government in Dec. of Ind.

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as free & independent states they have power to levy war, conclude peace, contract alliances, establish commerce and all the things that ind. states has the right to do.... that all men are created equal and have alienable rights - life, liberty and pursuit of happiness

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Risk to signers of Dec. of Ind.

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possibly put to death for treason

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chronological order of founding documents

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1.magna carta - limited the power of the king & guaranteed certain rights to nobles & then later citizens
2.Petitions of Rights
3. English Bill of rights
4. Declaration of Ind.
5. Articles of Confederation
6. Constitution

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Constitutional Convention/Ratification of process: reason for meeting

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a growing need for a stronger national govt consisiting of legislative, executive & judiciary

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location of const. convention

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philadelphia

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virginia plan

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from delegates of virginia called for 3 branch govt w/ bicameral legislature (congress) and each state's membership determined by its population or its financial support of central govt

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great compromise

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disagreement over representation in congress - conneticut compromise settled that congress composed of 2 houses - senate where states represented equally & house of representatives based on population

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Father of constitution

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James Madison

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Federalist argument

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favored ratification of constitution because they thought that the articles of confederation had too many weaknesses

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anti federalist argument

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those opposing the constitution because they didn't like how God was not mentioned in it, states couldn't print money, too much increased powers of central govt & lack of bill of rights

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Federalist papers

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collection of 85 essays supporting constituion written by Hamilton, Madison & John Jay - submitted as letters anonimously at first and then made as a book and now best political writings in American history

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Constitution comparison with articles of confederation:
legislature

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articles - unicameral-congress
constitution-bicameral - congress made up of house of rep. & senate

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trade-

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art - no reg. of trade
const - congress reg. trade

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executive-

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art - no exec. powers
const - president chooses cabinet & has power

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army -

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art - congress can't raise army
const - congress can raise army

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disputes between states-

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art - arbitration to settle
const - federal court system

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soverenty-

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art - resides in states
const - constitution supreme law of land

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passing laws -

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art - 9/13 to approve
const - 50% + 1 of both houses plus signature of pres.

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purpose of constitution

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the need for a stronger government - articles had created a govt unable to deal with nation's troubles - those who were most threatened by economic & political instability took lead for change and to have constitution

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federalism/federal system

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a system of government in which a written constitution divides power between central or national government & several regional govts - nat'l govt holds power & states holds some power - this system ensures strong central govt and still preserves the strength of states

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Bill of Rights

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written because of controversy surrounding ratification of constitution - they wanted a listing of basic rights held by the people added to the constitution - this is the 1st 10 amendments to the const.

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level of govt bill of rights originally pertained to

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federal & not to state

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selective incorporation into the states

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american legal doctrine where portions of bill of rights are applied to states through due process clause - 14th amendment ..before due process bill of rights applied only to federal govt but now in 1890 incorporated most of bills of rights and enforceable against state govt

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due process of law

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5th amendment no person shall be deprived life, liberty or property without due process of law - gives notice & hearing gauranteed to the accused

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powers of congress
expressed powers

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delegated powers of national govt that are spelled out expressly in constitution also called enumerated powers

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concurrent powers

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powers that both national govt & states possess and exercise - constitution does not grant only to national and then deny to state

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implied powers

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delegated powers of national govt suggested by expressed powers in constitution, their not expressly stated in constitution by implied by expressed powers

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necessary & proper clause

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congress has power to make laws necessary & proper for carrying into execution the powers of constituion - also called convenient and useful and elastic clause

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Mccollough vs maryland court case

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landmark case in 1819 made it impossible to overstate significance of supreme court's function as umpire of federal system - this case 1st time showed court upholding doctrine of implied powers

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strict constructionist

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one who argues a narrow interpretation of the constitution's provisions, in particular those granting powers to the federal government

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liberal constructionist

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one who argues a broad interpretation of the provisions of the constitution particularly those granting powers to the federal government

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popular sovereignty

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basic principle of the american system of government which asserts that the people are the source of any and all governmental power, and the government can only exist with the consent of the goverened.

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state constitutions shared many similarites between each state's constitution

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the main similarity is the principal of popular sovereignty - govt can only exist with the consent of the goverened - other similarites are limited govt, civil rights and liberties and seperation of powers and checks and balances.

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preamble

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the opening words of the constitution "we the people of the us ...do ordain and establish this constitution for the us of america"

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source of authority

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national govt draws its power from the people of us , and the people have given their govt the power that is has through the constitution ...state also draws its authority from the people of that state, through that state's constitution

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purpose of government

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limited govt holds that no govt is all powerful , that a govt may do only those things that the people have given it the power to do.

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living document

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A living document or dynamic document is a document which may be continually edited and updated by either a limited or unrestricted group.
The United States Constitution is often considered a living document.
The common law to which the United States Constitution belongs (in the United States at least) itself is defined by living documents, such as judicial decisions, which can be interpreted to fit the needs of society

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amendment processes:
formal-

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formal - change or addition that becomes part of the written language of the constitution itself through one of four methods set forth in constitution - proposed amendment by 2/3 vote in each house of congress, amend. proposed by congress and then ratified by conventions, amendment proposed by a national convention, amendment proposed by a national convention and ratified by convention in 3/4 of the states

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informal process-

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informal -basic legislation passed by Congress, executive agreements, and court decisions

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most laws passed by congress deal with ________or clarify some ______________

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vague provisions in the constitution

expressed powers of congress

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separation of powers

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basic principle of american system of government, that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government

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checks and balances

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system of overlapping the powers of legislative, executive, and judicial branches to permit each branch to check the actions of the others

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purpose of sep. of powers

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framers of constituton intended to create a stronger government for the US but they also intended to limit the powers of that govt and sep. of powers was designed to do just that

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examples of separation of powers

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this idea has been written into each of the state constitutions...the constitution of the US distributes the powers of national government among congress (legislative branch), the president (executive branch), and the courts (judicial branc) and clearly set forth in the opening words of each of the first three articles of the constitution

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branches of separation of powers

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congress (legislative branch), president (executive branch), courts (judicial branch)

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limited government

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basic principle of american government which states that govt is restricted in what it may do, and each individual has rights that government cannot take away

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two types of bills

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public and private bills

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process how a bill becomes a law
1. step - someone thinks of a bill

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bills; joint resolutions; concurrent resolutions; and simple resolutions.
A bill's type must be determined. A private bill affects a specific person or organization rather than the population at large. A public bill is one that affects the general public.

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2. bill is proposed

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After the idea for a bill is developed and the text of the bill is written, a Member of Congress must officially introduce the bill in Congress by becoming the bill's sponsor.

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3. introduce a bill

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In the House, bills are officially introduced by placing them in a special box known as the hopper, which is located at the rostrum, or Speaker's platform. In the Senate, a bill is introduced by placing it on the presiding officer's desk or by formally introducing it on the Senate Floor

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4. committee action

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a bill clerk assigns a bill number and then it is sent to the proper committee

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5. bill goes to sub committee

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for specialized analysis

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6. bill is reported

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if the committe agrees the bill is ready, it is favorbly reported and included on the house calendar

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7. bill is considered on the house floor

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the bill is carefully considered on the house floor and it maybe debated and amendments may be made to it

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8. vote on the bill

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bill is read by title and put to a vote

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9. refer to the senate

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if it passes in the house it goes through similar process in the senate

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10. bill is enrolled

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once it is passed in both the house and senate it is sent to the president

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11. the bill is made a law or vetoed

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made a law when signed by the president or vetoed when president does not approve the law and its sent back to the beginning of the process

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12. veto can be overwritten

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even if president vetos bill then congress can still vote to override the decision and make the bill a law

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committees/committe system

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these committees play an absolutely essential role in the lawmaking process, they sift through the bills and reject most or consider and report only those worthy of floor consideration then they go to subcommittees which are divisions of committees formed to address specific issues

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conference committee

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resolves differences between house and senate versions of bill

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leadership in passing a bill

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president votes on it finally and can vote yes to make it a law or veto it to deny it but congress can override the president's veto and vote it a law

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senators/representatives:
how are they elected

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picked by voters in each state at the regular november elections..(senators are the upper house of bicameral legis. and house of reps is lower house)

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terms of senators/reps

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maybe elected to any number of terms (6 year terms), their terms are staggered only a third of them (terms) expire every two years ...the senate is a continuous body

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district of senators

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only 2 senators per state are elected

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reaportionment

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article 1 of the const. directs congress to reapportion - redistribute - the seats in the house following each census...the permanent size of the house is 435 members, the census determines the number of seats each state should have

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who draws districts

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state legislature draws congressional districts within its own states

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gerrymandering

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the drawing of electroal district lines to the advantage of a party or group

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president qualifications

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1. be a natural born citizen
2. be at least 35 years old
3. have been a resident of us past 14 years

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duties of president

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chief of state, chief executive, chief administrator, chief diplomat, commander in chief, chief legislator, chief of party, chief citizen

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number of presidents

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bush was our 43rd president

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term of president

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2 four year terms (total of 8 years)

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unique features of house/senate

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legislators, representatives of the people,committee members, servants of the people, politicians

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house of representatives
senate

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435 members
smaller body - 100 members

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house power

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no power over treaties and presidential appointments

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senate power

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approves or rejects treaties and presidential appointments

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congressional power

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constitution grants congress expressed powers, implied powers, creating a national govt for the us - inherent powers

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speaker of the house

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most important and powerful position in congress - both the elected presiding officer of the house and the leader of its majority party

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president of the senate

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vice president is the president of the senate

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president pro-tempore

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senate's presiding officer in the vice president's absence

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majority/minority leaders

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depending on which party is in power - one is the majority leader and the other minority leader...their party elects these two senators

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judicial branch- creation of

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article 3 - the judicial power of the us shall be vested in one supreme court and in such inferior courts as the congress may from time to time ordain and establish

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the constitution creates which court

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supreme court

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congress creates what courts

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inferior courts (lower federal courts) 2 types of these courts - the constitutional courts and the special courts

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judiciary act of 1789

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was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary. Article Three of the United States Constitution created the Supreme Court and gave Congress the power to establish inferior courts

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judicial review

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usually refers to the review of the constitutionality of legislation by both federal and state courts

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marbury vs madison

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It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.

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federal courts
types of jurisdiction

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constitutional courts
special courts

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constitutional courts

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exercises the broad judicial power of the united states as in article 3

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special courts

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legislative courts - inferior to supreme court they hear cases arising out of some of the expressed powers

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jurisdiction of federal courts

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exclusive jurisdiction - can only be heard in the federal courts

concurrent jurisdiction - maybe tried in state or federal courts

federal courts may hear cases if amount of money involved is more than $75000

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original jurisdiction

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a court which case is first heard

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appellate jurisdiction

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a court that hears a case on appeal from a lower court

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district courts

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federal trial courts they hear criminal cases and civil cases

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appeals courts

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12 court of appeals - they hear cases on appeal from the lower federal courts

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supreme court

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original and appelate jurisdiction but most come from appeal from lower federal courts and highest state courts ...those to which a state is a party and those affecting ambassadors and public ministers and consuls

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appeal from state supreme courts

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-federal district court
-federal appeals court
-case is appealed to the supreme court and allows lower court ruling to stand or sends back to lower court or agrees to hear the case
- supreme court rules on the case

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federal judges

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the president shall nominate and by and with the advice and consent of the senate shall appoint judges of the supreme court

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terms of federal judges

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appointed for life

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supreme court

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supreme court is the highest court in the land and final authority in any case arising under the constitution, act of congress or treaty of us

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chief justices supreme court

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court is made up of chief justice whose office is established by the constitution and 8 associate justices (9 total)

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opinions

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majority opinion - opinion of the court and set as precedents for future cases, concurring opinion - justice agrees with court decision
dissenting opinions - written by those justices who do not agree with the courts majority decision

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supreme court jurisdiction

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original and appelate jurisdiction..most cases from appeal from lower federal courts and highest state court

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qualification of supreme court justices

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Constitution does not specify formal qualifications for membership on the Supreme Court. From the beginning, though, justices have all been lawyers, and most pursued legal and political careers before serving on the Court. Many justices served as members of Congress, governors, or members of the Cabinet. One president, William Howard Taft, was later appointed chief justice. Some justices came to the Court from private law practice, and others were appointed from positions as law professors. Many justices appointed in the second half of the 20th century had experience in the United States courts of appeal and other lower courts

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writ of certiorari -

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an order by the court directing lower court to send up the record in a given case for its review

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certificate

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another way cases reach the court - when a lower court is not clear about the procedure or law that should apply in the case and asks the supreme court to certify the answer to a specific question

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trends pendulum swings

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?

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political parties

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a group of persons who seek to control government through the winning of elections and the holding of public office

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two party system

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two major parties dominate american politics - republicans & democrats

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realignment

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a dramatic change in the political system

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dealignment

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to describe a trend or process whereby a large portion of the electorate abandons its previous partisan affiliation, without developing a new one to replace it.

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3rd party

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in any two-party system of politics, a third party is a party other than the two dominant ones - takes away votes from the major party candidate

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challenges of polar fringes

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??

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incumbents

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the current officeholder

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national convention

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meeting at which a party's delegates vote to pick their ptresidential and vice presidential candidates

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lobby/lobby group

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An interest group (also advocacy group, lobby group, pressure group or special interest group) is an organized collection of people who seek to influence political decisions.

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public opinion

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the complex collection of the opinions of many different people; the sum of all their views

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political ideology

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Many political parties base their political action and election program on an ideology. In social studies, a political ideology is a certain ethical set of ideals, principles, doctrines, myths or symbols of a social movement, institution, class, or large group that explains how society should work, and offers some political and cultural blueprint for a certain social order. A political ideology largely concerns itself with how to allocate power and to what ends it should be used.

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political socialization

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process by which people gain their political attitudes and opinions

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role of media & tv

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?

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ear marks

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earmarks refer to congressional provisions that direct approved funds to be spent on specific projects, or that direct specific exemptions from taxes or mandated fees.

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executive branch

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look up in her notebook & past tests for this section on study sheet