13th, 14th, 15th Amendments-
13th- Slavery is unconstitutional
14th- 1868 ll citizens are equal. Due process applies to all citizens. No person in confederacy can be in government.
15th- African Americans men over age of 21 can vote.
Civil war amendments and helped make America more equal.
1920- women suffrage. Movement after WWI, women ran US while men were fighting,. The wanted equal representation
• A political theory of society without government
• A state without law and disorder; chaos
Those who opposed ratification of the constitution. These people thought that it gave too much power to the national government and wanted a strong state government. They wanted to protects peoples rights more, the constitution was compromised with Bill of Rights
- determines if the district court was fair
-you cannot appeal if accused is decided innocent, you can if guilty or civil case–double jeopardy
-Appellate courts can uphold, reverse and remand verdicts
is to divide among districts. Example is districts which draws boundary line for each congressional election districts. # districts= # of reps in house. State broken into different districts.
Legislation earmarking funds for certain purposes. Before government spend money must pass through Congress. Bill approves spending for a specific purpose. Goes through normal bill process.
Articles of Confederation:
Bill of Rights:
Broad v Strict Interpretation:
A population count taken by the census bureau. Each state divided by population with one house representatives for each district. Census taken every 10 years. Gerrymandering.
Checks and Balances:
A system in which each branch of government is able to check or restrain the power of others example: congress' power is checked by the President's power to veto. No one has all the power, so no person can take advantage of their power and take over America
Civil Right and Civil Liberties:
Liberties- freedoms to think and act w/out government interference or unfair treatment. See first amendment. Rights- the right of full citizenship and equality under law.
People can only vote for their parties candidates, and can not vote under tie circumstances for other party ties. To make sure people don't try to mess up by voting for the candidate least likely to win.
Form of democracy in which the people vote firsthand, for all laws and everything. Not practical for most countries with large population. USA- representative democracy. Athens- Direct Democracy.
-comes from Bill of Rights –apart of the rights of the accused
-you can’t be accused guilty once you’ve been proven innocent
Following established legal process procedures. laws must be reasonable. Fifth Amendment- no one may be denied life, liberty and property with out due process of law.
Article 1 Section 8 in constitution. Congress has the right to makes laws “necessary and proper to carry out duties” Makes constitution open to interoperation. A loophole to make almost anything legal
Each state golds election and as a certain # of election votes ( # of votes = house +senate) non government employees names as electors- symbolic figures. Winner takes all system. Gives more power to small states.
• An agreement between the president and the leaders of another country
Senate must approve a treaty by 2/3 vote, but president can bypass senate by an executive agreement.
• The branch of government that carries out laws
• President, VP, Cabinet, and EOP
One of the 3 branches of government
Executive Office of the President
• Created by FDR
• Whitehouse Staff, president’s advisors
-Chief of Staff
*Leader appointed by President, very powerful (Currently Rahm Emmanuel)
-Office includes: Political Advisors, Legislative liaison, Speech writers, and Press Secretary.
- A rule the President gives out that has the force of law. It is the President’s job to inforce that law.
- Ex deal with administrative problems
Considered as helping out other laws, and is therefore made legal
• Powers directly given to any branch
-I.E for Congress is to raise and support armies
• Different from implied powers which are interpreted from the Constitution
• Combine title for all different the cabinet, the agencies below carry out laws and administer day to day operations.
• Regulate certain activities
• A form of government in which power is divided by federal government and state government.
• National government is highest.
System Constitution is based off of.
• To talk a bill to death
• Tactic used by Senate to help minority parties prevent a bill from becoming law
Can be stopped with closure (3/5 vote)
Full Faith and Credit Clause
unity of all states, public records etc
-the 2nd part in a two part race for the presidency
-vote is by electoral college
-happens every 4 years
-all or nothing per state
-The shaping of a congressional district for the auspicious outcome of a party in elections
Grand Old Party
-the republic an party
The Grandfather Clause
A grandfather clause is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations.
The Great Compromise
-a combination of the virginia plan and the new jersey plan
-it was for the constitution
-3 branches of government bicameral congress
-senate all 2 representatives equal representation, house - based on population
-on a United States territory, a prison
-practiced torture and infringed on their rights, they were also holding them illegally
-It was determined unconstitutional by the supreme court
-the government is still trying to figure out what to do with the prisoners
Congress can not suspend, court order requires police to bring a prisoner to court to explain why they are holding that person. Latin, means ' you have the body'.
House Rules Committee:
They control the house schedule. They choose the order in which bills are debated. They are able to give priority to the bills that are most important, and can kills bills by never letting them have much floor time.
• Colonists in America were angry because they wanted to settle past differences and were taxed after the 7 Years War in 1763
• Intolerable Acts-limited and abolished rights of colonists
-I.E freedom of speech was illuminated
• Law Making Branch
• Congress-House of Representatives and Senate
• Powers include: Decides budget with laws, bills, and policy, establishes postal service, ratify treaties, coining money, declaring war.
John Locke. a leviathan is a giant lobster or sea monster. Represents governments big presence in the ocean of the world.
Libel & Slander:
Marbury v Madison
-1803, established the Supreme Courts power of Judicial review
-Supreme court has final authority on interpreting constitution
-says if unconsitutional
Natural Rights of Man
-John locke –protect the rights of people –natural rights of man
-beginnings of democracy
-Life Liberty and Property, John Locke
-Our constitution protects life liberty and the pursuit of happiness
-heard in your district, heard first
-decision stays unless overturned
-jury in district courts only
-determines facts of case
-criminal case - guilty not guilty
-civil case - determine winner
-Presidential power to kill a bill, essentially a veto
-If congress is not in session by not signing for 10 days
-If congress adjourned then the bill dies
-congress can override veto with 2/3 vote
-government projects and grants that primarily benefit the home state of the representative to help them get elected,
-federal projects for their state
-a ruling that used as the basis for a judicial decision in a later, similar case.
-started in england no written law people developed rules to live by
-reference to judges
-legal opinions that become common law
-The vice president is the leader of senate, he's never there
-The president pro tempore stands in for the VP and leads the senate
Public Option (healthcare)
• In healthcare debate
• Government corporation-healthy company-non profit
• Only break even, to make it cheaper
• Compete with privet companies (made cheaper, could put the companies out of business)
-the course of action the gov takes in response to an issue on a problem
-interest groups focus their efforts on electors the courts, lawmakers
-is general agreement among government leaders about how to deal with issues or problems that affect entire community
-a way for citizens to vote on state or local laws
-citizens in some states have the right to petition to have a law reffered (sent back) to voters for their approval at the next general election
-powers that the constitution does not give to national government, kept by the states
-regulating trade within borders, establishing schools making rules for marriage and divorce
Rule of Law
• Principle that the law applies to everyone, even those who govern.
• In constitution everyone has to follow laws
• No one escapes reach of law
• Limits leaders power
Derived from Magna Carta 1215
Second Continental Congress
• May 1775-August 1776 meeting
• Pushes for revolution
• Declaration of independence
• During July 4th 1776
Then revolutionary war 1787
Seneca Falls Convention
• First women’s rights meeting
• In favor of women’s suffrage
Social Contract Theory
• By living in the US, you are agreeing to follow the laws
• If you don’t like it, you can leave.
People also agree to it by being/becoming a citizen
Speaker of the House
-Current Nancy pelosi - first woman speaker of the house
-leader, mediator of House of Representatives
-3rd in line for presidency
• Article VI (national Supremacy)
• Establishes National, above state and Local government
• “Shall be the supreme law of the land”
National laws supreme when in conflict with the state or local laws
• 1600-1800 in Europe (with Scientific Revolution and Industrial Revolution)
-An explosion of knowledge, reason, and philosophy
• John Locke-protects the rights of the people, natural laws
• Thomas Hobbs-life without chaos; powerful government
Jean Jaques Rousseau-
The federalist Papers
• The Federalist Papers are a series of 85 articles advocating the ratification of the United States Constitution
Written by James Madison, Alexander Hamilton, and John Jay in support of the constitution.
• A party that challenges the two major parties
• USA is a two party system because of the electoral system, winner takes all system. Third parties, even with a small portion of the vote between two major parties cannot get very much representation.
Third parties have little to no chance
• Agreement providing that enslaved personas would count as 3/5 f others, reasons in determining representation n congress
For census before Civil war.
Virginia House of Burgesses
• Colonists in Jamestown (1st settlement)
• Founded by the Virginia Company
• Chooses two representatives from each country to meet with the governor
• 1st representative assembly in English colony
22 white males made up the burgesses
-proposed by James madison
-favored by big states - population states
-what it had - 3 branches of government, bicameral legislature, both houses have representatives based on population
• During the enlightenment
• French writer
War powers act
-President must inform congress within 2 days about war. if congress doesn't approve
-must move in 62 days, 2 months
-controversial because now 2 months is alot of time to do stuff in war