Download On the Spirit of Laws - Fredericksburg City Schools

U.S./VA Government Final Exam
Review
2012
REPUBLIC
• system of government which is an indirect
form of democracy and puts political decisions
one step away from the people
• From Rome
• Representative Democracy
CONFEDERAL
• Prior to the US Constitution, the United States
had an alliance of independent states with a
degree of national unity as a form of
government.
• United under the Articles of Confederation
• One of three forms: Unitary, Confederal,
Federal
FEDERALISM
• The form of government where power is
divided between a central and regional or
state government .
• Unique to US
• Based on Constitution-Expressed, implied,
inherent and reserved powers
4 CHARACTERISTICS OF A STATE:
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TERRITORY
SOVEREIGNTY
GOVERNMENT
POPULATION
Approx. 195- Nation-states
Key is sovereignty
THOMAS HOBBES
• The political thinker who felt man was
basically evil and needed a repressive form of
government to keep people from being at war
with one another.
• Social Contract-just a powerful government
• Negative view of humankind- at “warre”-need
fear of gov’t to be kept in line
DIVINE RIGHT
• The concept of a “Mandate from Heaven” is
the basis for most monarchies as the right to
rule designated by God.
• Basis for most autocratic governments,
monarchies
SOCIAL CONTRACT
• A government that is formed as a result of
people agreeing among themselves to submit
to the authority of the state.
• Give up something- get something in return
• John Locke** also Rousseau, Hobbes
INDIVIDUAL WORTH
• The notion of “All men are created equal.”
• Inherent/unalienable rights
• Humanity transcends other factors-wealth,
race, gender, etc.
LIBERTY
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Often used to mean freedom.
TJ- “The Price of liberty is eternal vigilance”
P. Henry- “Give me liberty, or give me death”
“Give me your tired, your poor, Your huddled
masses yearning to breathe free… “
WEAKNESS IN THE ARTICLES
• The inability of the Government to tax was a
weakness of the Articles of Confederation.
• Unicameral
• No executive
• No judicial
• 9 of 13 to approve anything, unanimous to
amend.
• Successes: NW Land Ordinance, Treaty of Paris
TAXATION w/out REPRESENTATION
• The primary objection of England placing
taxes on the colonies was over the fact that
the colonist did not have any representation in
parliament.
• “Virtual representation”
• Ended salutary neglect
• Not the taxes themselves- but no
representation
DECLARATION OF INDEPENDENCE
• The major point of the Declaration of
Independences that Jefferson addressed was
that when a government disregarded the will
of the people, they had the right to
OVERTHROW their government.
• T. Jefferson author- influenced by John Locke,
Thomas Paine, George Mason and others
• Like a divorce paper
CIVIC VIRTUE
• refers to placing the common good over
individual selfish interest.
• Basis for limited government- why?
• Foundational to a civil society
POWER in the ARTICLES
• Under the Articles of Confederation, most
governmental power was held by the STATES.
• No power to regulate interstate trade
• No power to tax
• Most saw themselves as a “Virginian or New
Yorker”, not a US citizen
JOHN LOCKE
• English philosopher who is known for his ideas
on natural rights.
• Life, liberty, and property
• Two Treatises of Civil Government
• Argued for separation of church and state
JAMES MADISON
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The “Father of the Constitution.”
Author of the Federalist Papers
Proposed the Virginia Plan
4th president
MONTESQUIEU
• French philosopher who is given credit for the
concept of separation of powers.
• On the Spirit of Laws
• Government should be based on laws and
popular sovereignty
GREAT COMPROMISE**
• Connecticut Compromise: William Patterson
• VA PLAN—representation was based on
population (big states favored this idea.
• HOUSE OF REPRESENTATIVES
• NJ PLAN—equal representation (small state
plan).
• SENATE
3/5ths COMPROMISE
• had to do with determining how slaves would
be counted for both taxation and
representation.
• Counted for both representation & taxation
ELECTORAL COLLEGE
• the number of electors a state has is equal to
their representation in CONGRESS
• the group that actually elects the president.
• 538 electors—equal to the number of
members that a state has in Congress.
• It takes 270 votes in the college to be elected
president.
• All but 2 states have a winner-take-all method
• Can win popular vote-lose the elcetion
ANTI-FEDERALISTS
• the Constitution DID NOT protect individual
rights.
• Wanted a Bill of Rights
• Patrick Henry, George Mason, Samuel Adams
FEDERALIST PAPERS
• written by Hamilton, Jay and Madison;
purpose was to argue in defense of ratifying
the Constitution.
• Trying to influence New York and Virginia to
ratify the Constitution
• Countered arguments that the new
government would be too powerful
• 85 Essays- in newspapers
BILL OF RIGHTS
• refers to the first 10 Amendments to the
Constitution.
• Protects civil liberties
• 10 Amendments
• Ratified in 1791
RATIFYING an AMENDMENT
• Proposed either by congress 2/3rds of both
houses (26) or by a proposal by a National
Convention-called by 2/3rds state legislatures
• The final step in ratifying an amendment is
approval of 3/4ths of the State legislatures
(26) or by ¾ of states in a special state
convention (27)
LEGISLATIVE BRANCH
• Branch of government responsible for passing
laws.
• Bicameral
• Article I in the Constitution
• Senate
• House of Representatives
SUPREME COURT
• Has the ultimate authority to determine if a
law is constitutional. Judicial Review
• 9 members- Chief Justice, 8 associate Justices
• Nominated by President, confirmed by the
Senate
• Rule of four
• Writ of certorari
JUDICIAL REVIEW
• was established by the Supreme Court case,
Marbury v. Madison.
• the power of the judicial branch to check the
power of the legislative and executive
branches by declaring their acts
unconstitutional.
• Key check and balance of Judicial Branch
16th AMENDMENT
• gave the power for the federal government to
collect an INCOME TAX.
• Progressive Era
• Major source of revenue for the federal
government
• Progressive tax- >$>tax %
VETO
• Is the primary check of the executive on the
legislative branch
• Congress can override w/ 2/3 supermajority
POPULAR SOVEREIGNTY
• The notion of “We the People.”
• Idea that government is created by and
subject to the will of the people.
• Ultimate power of government resides with
the people
EXPRESSED POWERS
• A power of the Congress to declare war is an
example of an EXPRESED power.
• The duty of the Commander in Chief is an
expressed power of the EXECUTIVE.
• Enumerated in the US Constitution-Article I &
II
APPROPRIATIONS of MONEY
• All bills that have to do with appropriations of
money must originate in the HOUSE OF
REPRESENTATIVES.
• Power of the purse
ELASTIC CLAUSE
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Article I, Section 8, Clause 18
is the basis for most IMPLIED powers
“necessary & proper”
Loose vs. strict construction
SUPREMACY CLAUSE
• Article VI (6) of the US Constitution makes it
clear that it is the FEDERAL law that takes
precedent over state and local laws.
• All state laws must not violate federal statute
EX POST FACTO LAW
• Article I, Section 9 forbids all levels of
government from trying a person for a crime
committed before it was made illegal.
• After the fact
FULL FAITH & CREDIT CLAUSE
• Article IV of the US Constitution requires that
states must honor the acts and court
proceedings of other states.
• Reciprocity between states
• Extradition of criminals
CONGRESS
• Members of Congress represent their
CONSTITUENTS.
• HOUSE OF REPRESENTATIVES—
• 2yr terms
• 435 representatives
• 7 years of citizenship to be a congressman
• SENATE—
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6yr terms
100 members
9 years of citizenship to be a senator
1/3rd up for re-election each Congressional
CHIEF JUSTICE of the SUPREME COURT
• person who would serve as the judge for an
impeachment trial for the president or vicepresident.
• Chief Justice John Roberts
• John Marshall- early 1800’s perhaps most
influential
HABEAUS COPRUS
• requires the government to present a person
in court to inform them of the charges being
placed against them.
• “bring the body forward”
12TH AMENDMENT
• ratified to make sure separate votes were cast
for the president and vice-president, to avoid
the problem which surfaced during the
election of 1800.
• Adams v. Jefferson
• Tie between Jefferson and Aaron Burr- both
Democratic-Republicans
GERRYMANDERING
• The practice of drawing district boundaries to
the political advantage of the party in power.
• Can’t disenfranchise suspect classifications of
people: Race, ethnicity
JOHN BOEHNER
• currently the SPEAKER OF THE HOUSE of
Representatives.
• SPEAKER OF THE HOUSE—the person who is
next in line for the presidency, behind the
vice-president
• Leader of the majority party
17TH AMENDMENT
• provided for the direct election of senators.
• Progressive era reform
• Previously selected by state legislatures
STANDING COMMITTEES
• The permanent committees of the House and
Senate.
• Legislators handle their primary
responsibilities & work in committees.
• 20 in the House/16 in the Senate
a BILL into a LAW
• Must be passed by both the House and the
Senate
• A bill does not be come a law until the
PRESIDENT signs it, or 10 day days pass while
Congress is in session, without his signature.
GOVERNORS
• has the authority to appoint a new senator,
should a seat become vacant.
• Chief Executive for the State
• Virginia’s- Robert McDonnell
• 4 year terms
• Can’t serve Consecutive terms-in Virginia
FILIBUSTER & CLOTURE
• Unlimited debate in the Senate, used to delay
taking action on a bill.
• Can be ended by a cloture rule of 60- 60 out
of 100 senators must agree to cloture to end
senate debate
• Senate has to be dominated by one party
FEDERAL ELECTIONS
• Every TUESDAY after the first MONDAY in the
month of NOVEMBER, every EVEN numbered
year.
• Presidential Election- November 6, 2012
8TH AMENDMENT
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Forbids CRUEL & UNSUAL PUNISHMENT.
Ongoing debate regarding capital punishment
Furman V. Georgia, Gregg v. Georgia
38 states allow it- few use it
1ST AMENDMENT FREEDOMS
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Freedom of Speech
Freedom of Religion-Establishment/exercise
Freedom of Press
Right to Assemble
Right to petition the government
10TH AMENDMENT
• Is the basis for reserved powers for the states.
• If it’s not in the Constitution it belongs to the
states
14th AMENDMENT
• ratified in 1868 that is the basis for many
Supreme Court cases, because it deals with
providing protection of civil liberties & due
process to all citizens
• Establishes citizenship
• Incorporation doctrine
STRICT & LOOSE CONSTRUCTIONISTS
• Those who believe that the US Constitution is
open to interpretation and should be
interpreted to reflect the current needs of
society believe in the LOOSE interpretation,
and those who believe in STRICT
interpretation of the Constitution feel it
should be taken literally.
26th AMENDMENT
• Lowered the voting age to 18
• Amendments which extended protections for
voting to different groups (15th, & 19th).
WESBERRY v. SAUNDERS
• Supreme Court Case that requires that voting
districts in all states be fairly equal in
population.
• One-man-one-vote principal
5th AMENDMENT
• Amendment that covers due process, eminent
danger, self-incrimination, and double
jeopardy.
IMPLIED POWER
• The power to create a National Bank
• Derived from the elastic clause
• Also the “commerce clause” Article I, Section
8, clause 3.
CENSUS
• occurs every ten years and is used to help
reapportion the seats of the House of
Representatives.
• Done by state legislatures- party with majority
has control
FEDERALISM
• The Constitutional principle that calls for a
division of power between a central
government and local government.
PRESIDENCY
• Minimum age to be president it 35.
• Power of the Media—to influence people’s
opinions.
• 25th Amendment—if the president dies, the
vice-president takes office.
• Presidential Succession Act of 1947—after
vice-president the Speaker of the House
becomes president.
NATURAL BORN
• Anyone who is an American citizen at birth,
either because they were born on American
soil, or were born to a parent who is an
American citizen.
PRESIDENTIAL Powers
• Executive Order—has the same effect as a law,
but does NOT require Congressional approval.
• War Powers Act—a maximum length of time
the president can commit troops to military
action without Congressional approval is 90
days.
Executive Branch
• The title used for the head of Executive
Departments is SECRETARY, and these individuals
are members of the president’s CABINET.
• The most significant check the president has on
Congress is the power of VETO.
• Prior to the Civil Service Act, most people who
got their jobs working for the Federal
Government got their jobs through what was
called the SPOILS system, which cause the Federal
bureaucracy to be inexperienced and ineffective.
PROGRESSIVE TAX
• A tax which results in higher payments from
wealthy people than from poor people.
INDEPENDENT REGULATORY AGENCIES
• are responsible for setting and enforcing rules
to regulate some aspect of the economy.
• EPA, FCC, SEC, FEDERAL RESERVE, CPA, FTC,
NLRB, FAA
MONETARY POLICY
• FISCAL Policy involves the spending and taxing
decisions of the President and Congress.
• MONETARY Policy involves actions taken by the
FEDERAL RESERVE to control the money supply, in
order to stimulate or slow down the economy.
• The Federal Government’s 2011 Fiscal Year runs from
Oct. 1, 2010 to SEPT. 30, 2011.
• When the government spends more money than
they take in a DEFICIT occurs.
• The Current national debt exceeds 15 trillion dollars.
• If the federal government wants to slow down the
economy, the Federal Reserve system can SELL a
government bond, which in effects BORROWS
money from the buyer and takes money out of the
economy.
COURTS
• STATE courts hear the majority of cases in the
U.S.
• PRECEDENT—refers to a court’s previous
ruling.
• BRIEF—written arguments each side makes in
an appeal.
• PLAINTIFF the person who makes a legal
complaint.
COURTS
• ARTICLE III—Federal judges are appointed for life.
• The main job of a Federal District judge is to
PRESIDE over a trial.
• MISDEMEANOR—any crime that is a minor
criminal case.
• A GRAND jury is gathered according to the US
Constitution in order to determine whether there
is enough evidence to file criminal charges.
• APPEALLANT—anyone who files an appeal.
COURTS
• PROBABLY CAUSE—must be established in
order to secure a search warrant.
• EXCLUSIONARY RULE—evidence obtained
illegally cannot be used against a person in
court.
• BAIL—money that is pledged to guarantee a
defendant appears in court.
• CAPITAL PUNISHMEN—another term for the
death penalty.
JUSRIDICTION
• ORIGINAL JURISDICTION—refers to the sole
right to hear a case.
• EXCLUSIVE JURISDICTON—held by a court that
reviews the proceedings of a lower court.
• Concurrent, Appellate
MARBURY v. MADISON
• established the power of JUDICIAL REVIEW
TINKER v. DES MOINES
• protected students’ right of freedom of
symbolic speech.
• Vietnam War- Black Arm band
• “Students don’t shed their constitutional
rights at the school-house door”
SUPREME COURT
• 9 Justices
• Serve for life
• When the Supreme Court decides to review a
case at least 4 justices must agree, and then a
WRIT OF CERTIORARI is issued to review the
decision of a lower court.
• Almost all of the Supreme Court cases are
APPEALS from lower courts.
• Hear about 100 cases a year
1ST AMENDMENT
• The ESTABLISHMENT clause of the 1st
Amendment forbids the government support
of an official religion.
• The FREE EXERCISE clause of the 1st
Amendment guarantees the right of each
person to hold any religious belief they
choose.
FREEDOM OF SPEECH
• SLANDER—is spoken defamatory statement
• LIBEL—defamation in print.
• TREASON—The crime of making war against
the United States or giving “aid and comfort”
to its enemies.
• SYMBOLIC SPEECH—Communication of ideas
through symbols and actions.
PRIOR RESTRAINT
• When the government action that seeks to
prevent materials from being published.
• Not permitting censorship Allows freedom of
debate/unpopular dissent
TEXAS v. JOHNSON
• Supreme Court case ruling that burning an
American flag is considered a
CONSTITUTIONALLY protected act of free
speech.
5th AMENDMENT
• protects a person from DOUBLE jeopardy, or
facing trial twice for the same offense once
found innocent
Executive Office of President
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White House Office-Chief of Staff
National Security Council
OMB
CEA
Cabinet
Federal Bureaucracy
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Top Administrators appointed
Civil service-meritocracy
100’s of agencies
Civilian employees of the Government
Spoils System
• Jackson- friends and supporters
• Bureaucracy inefficient
• Replaced after Garfield’s Assassination
Fiscal Policy
• Government spending & taxing
• Stimulates or slows down the economy
• Federal Budget
Roe v. Wade
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Abortion Law
Trimesters- legalized abortion
Still controversial
Life at conception movement
Dillon's Rule
• Virginia Law
• Local Governments have only the powers
granted by the state
• If the state hasn’t approved it- Local
government doesn’t have it.