The Mothers of ALL Study Guides

 

Ch. 1, 2, 3 "The Origins of the Constitution"

Ch. 1

Government- is the institution through which a society makes and enforces its public policies. Government is made up of those people who exercise government’s powers, those who have authority and control over other people.

Public policies- all of those things a government decides to do. Setting minimum wage, maintaining large, income tax and protect the environment.

The state- as a body of people, living in a defined territory, organized politically under a government having the power to make and enforce law without the consent of any higher authority. There are more than 180 states in the world.

Sovereign- it has supreme and absolute power within its own territory. Each state can decide its own foreign and domestic policies.

Population- with relation to size and culture- population is composed of people who are much alike. Or it can be heterogeneous or made up of different races, language, religions and customs.

Territory- just as a state must have, so must it have land- territory with known and recognized boundaries. San Marino ranks as the smallest state in the world while Russia is the largest with 7 million square miles.

Origins of the State- for century’s people have pondered the question of the origin of the state. Over the years, people have come up with four basic theories.

The Force Theory- many people believe that the state was born of force. One person or group claimed control over an area and forced all within it to submit to that person or group’s rule.

The Evolutionary Theory- state was developed naturally out of the early family. One person was the head and thus the "government" was the first stage of development.

The Divine Right Theory- this was a popular theory in the 15th through 18th centuries. It was believed that God created the state and God gave royal birth "divine right" to rule the people.

The Social Contract Theory- this theory can be seen in American government. This theory argues that the state arose out of a voluntary act of free people.

The Purpose of Government- this statement is answered for Americans in the Preamble of the Constitution. In America, the government system was created to serve.

To Form a More Perfect Union- when American received its freedom, the states started fighting for power. By this event, the Constitution was created to unify the 13 states.

To Establish Justice- Thomas Jefferson said, "the most sacred of the duties of government" is justice. The people define justice as many things like truth, liberty and good.

To Insure Domestic Tranquility- order essential to the well being of any society and keeping the peace at home. Most can image what anarchy would be like and take peace for granted.

To Provide for the Common Defense- defending the nation against foreign enemies. Defense is mentioned far more often in the Constitution than any other thing.

To Promote the General Welfare- the building of schools and libraries are examples of general welfare. Most people don’t realize it is the government that promotes these institutions.

To Secure the Blessings of Liberty- the United States was built on the bases of "the God who gave us life gave us liberty at the same time". Throughout American history, dedication to freedom was important.

Classifying Governments- No two governments are the same but they can be grouped into categories. Over time, social scientists have started to classify the different types of government.

Geographic Distribution of Power-in every system of government, power is based on geography. From location, unitary, federal and confederate governments are created.

Unitary Government- described as a centralized government. All powers are held by the government are controlled by a central agency.

Federal Government- one in which the powers of government are divided between a central and several local governments. The superior authority makes rules according to geography.

Confederate Government- is an alliance of independent states. The government has the power to handle only those matters that the member states have assigned to it.

Relationship Between Legislative and Executive Branches- some people view government from a standpoint of the relationship between legislative and executive. These powers are presidential and parliamentary.

Presidential Government- a separation of powers between the executive and legislative branches of the government. The two branches are independent of each of and are coequal.

Parliamentary Government- executive is made up of the prime minister and legislative branch called parliament. The Prime Minister is the leader of the majority party and parliament approves his cabinet members.

The Number Who Can participate- a meaningful part of government where the people participate. In most governments though, the people are limited to what they can do.

Dictatorship- exists where those who rule cannot be held responsible to the will of the people. Dictatorship is one of the oldest forms of government around today.

Democracy- supreme political authority rests with the people. People hold the sovereign power and the government is conducted by the consent of the people.

Direct Democracy- also called "pure democracy". Exists where the will of the people is translated into public policy directly by the people. This type of government could only work in small communities.

Representative Democracy- a small group of persons chosen by the people to act as their representatives expresses the popular will. These agents of people are responsible for carrying out day-to-day conduct of government.

The Foundation of Democracy- democracy is not expected for most countries in the world. It exists in the United States because it is the best possible form of government at the time.

Fundamental Worth of the Individual- democracy is based on the belief in the fundamental importance of the individual. Democracy insists that each person’s worthy and dignity must be recognized and respected by all other individuals.

Equality of all Persons- democracy does not insist on an equality of condition of all people. The democracy concept says that equality is: opportunity and before the law.

Majority Rule and Minority Rights- democracy argues that majority of the people will be right more often than being wrong. Minority rights are those who are against majority popularity.

Necessity of Compromise- the process of blending and adjusting. This is an essential part of democracy because some many not agree what the people think.

Individual Freedom- democracy does not and cannot insist on complete freedom. But it does say that each individual must be as free to do as he or she pleases.

Anarchy- total absence of government. In this type of government, freedom would not even exist.

Ch. 2

Basic Concepts of Government- early English settlers brought with them knowledge of a political system. When they came, they brought three ideas of government.

Ordered Government- first English colonists saw that order was needed to regulate their relationship with one another. Local governments based used this to keep law in their colonies.

Limited Government with respect to England and the Magna Carta 1215- deeply rooted in English belief and practice. It was the first government of the new colonies.

Representative government (will of the people)- government should serve the will of the people had also developed in England. This concept seeded "government of, by and for the people."

Magna Carta- principle that the power of the monarchy was not absolute in England. It was forced on King John by barons in 1215.

The Petition of Right- challenged the idea of the divine right of the king. In 1628, England declared that the monarch must obey the law of the land.

The Bill of Rights- first 10 Amendments of the Constitution. In England, it had it so that the king didn’t abuse their powers.

English Bill of Rights- prohibited a standing army in peacetime except by the consent of Parliament. This is the first time a quick and speedy trial was guaranteed.

John Locke (natural rights)- philosopher that came up with natural rights rather than privileges. Natural rights are rights to freedom and having a jury in trial.

Government in the Colonies- all 13 colonies were established separately having there own local governments. This made it hard to trade and its own charter.

Charter- a written grant of authority from the king. In later years, they were used to establish three different kinds of colonies.

Royal Colonies- subject to direct control of the Crown. In 1624, Virginia became the first royal colony because the king revoked the London Company Charter.

Bicameral- describing legislative body composed of two houses. The laws passed by this bicameral had to be approved by the governor and the king.

The Proprietary Colonies- a person to whom the kind had made a grant of land. The land could be settled and governed much as the owner chose.

Unicameral- a legislative body composed of one house. Governor’s council did not act as the house but the king did.

The Charter Colonies- governors were elected each year. Laws passed were not subject to veto by the governor.

Royal Control- Parliament took little to manage or control the colonists. The king made decisions for the people and they were to obey them.

Growing Colonial Unity- attempts had been made to promote cooperation among the colonies. Many of the failed but when England started taxing, unity came forward.

Early Attempts- New England Confederation’s "league of friendship" for the defense against Native Americans. This plan failed because of friction between colonists.

The Albany Plan- British Board of Trade called a meeting of the northern colonies. The purpose was to discuss the problems with colonial trade and danger of attacks.

Albany Plan of Union (Ben Franklin Factor)- formation of an annual congress of delegates from each of the 13 colonies. The king and the colonies turned it down.

The Stamp Act Congress- required the use of tax stamps on all legal documents, certain business agreements and newspapers. Colonists coin the phrase "taxation without representation."

The First Continental Congress- 55 delegates from each colony, except Georgia, came to Philadelphia to discuss the worsening situation and plans of action. They sent the Declaration of Rights to London and enforced boycotting.

The Second Continental Congress- Parliament still refuses plans and another meeting was called in Philadelphia. This time, it became the first national government the colonies ever had.

The Declaration of Independence- declared independence of the colonies and "the repeated injuries and usurpation." Of the 56 men that signed, each one realized they just signed their death warrant.

The First State Governments- in 1776, New Hampshire adopts a constitution to replace royal charter. Many other colonies started creating constitutions of their own and dropped their charter.

Written Constitutions (in states)- bodies of fundamental laws setting out the principle, structures and processes of their constitutions. Assemblies were commonly used to draft these new documents.

Common Features of New States- some of the state constitutions that be beginning were very different than today. But they do share many common features.

Popular Sovereignty- government can exist and function only with the consent of the governed. The people are the ones that hold the power and are sovereign.

Limited Government- powers delegated to government were granted and hedged with many restrictions. This was a major feature in each document.

Civil Rights and Liberties- contained a bill of rights, "unalienable rights" which were held by the people. Each State made it clear that the people held certain rights and the government must respect that.

Separation of Powers and Checks and Balances-the new State governments were divided among the executive, legislative and judicial. The constitutions were brief and were basically declarations of principle and statements of limitation on government power.

The First National Constitution- the Articles of Confederation was instituted to establish "a firm league of friendship". The States came together ‘for their common defense" and security.

Ratification- formal approval of each of the 13 States was needed to approve a law. By 1781, the Articles of Confederation were effective because of ratification.

Articles of Confederation- "a firm league of friendship" among the new States. Each kept "its sovereignty, freedom and independence.

Governmental Structure- there was no executive or judicial branch of government. Each year Congress would choose a member to become president. S

Powers of Congress- it could make war and peace, send and receive ambassadors and do what the executive branch would do. They were in complete control of foreign and domestic affairs.

State Obligations- States pledged to obey the Articles of Confederation and acts of Congress. States retained those powers not openly given to the Congress.

Weaknesses- Congress couldn’t have the power to impose taxes. Nor did they have the power to regulate trade between States.

The Critical Period, the 1780's- States bickered among themselves and grew increasingly jealous of one another. States taxed each other’s goods and even banned some trade.

The Meetings at Mount Vernon and Annapolis- ignoring the Congress, the two states of Virginia and Maryland came together and talked about trade problems. Their negotiations were successful.

The Framers- group who came together to draft the Constitution. When you look at the men who wrote the Constitution, they are probably the most unlikely people to draft such a document.

Framers (included who?)- they were George Washington, Thomas Jefferson, James Madison and Alexander Hamilton (just to name a few). Some were wealthy, other poor, others educated and other didn’t even pass the 6th grade.

Organization and Procedure- the States unanimously elected George Washington as the president of the convention. Many state delegates came to discuss issues and attracted many citizens.

The Decision to Write a New Constitution- wanted to rewrite the Articles of Confederation but the delegates saw it as writing a new government. After clearing up the misunderstanding, they proceed in writing a new constitution.

The Virginia Plan- called for a new government with a legislative, executive and judicial branch. The legislature would become bicameral and the Congress would choose a national executive and national judicial.

Virginia Plan (3 branches govt.)- the legislative branch would be divided into the House of Representative and Senate. In addition to splitting the legislature, a executive and judicial branch would be created to equal power.

The New Jersey Plan- kept the unicameral Congress and each State would be represented equally. It also called of Congress powers to be limited to tax and regulating trade.

New Jersey Plan (plural Executive)- a federal executive of more than one person would be elected. They would be chosen by the Congress and removed by request of majority of State governors.

The Connecticut Compromise- small States feared they would not be able to protect their interest. The compromise agreed that Congress should be composed to two houses.

The Three-Fifths Compromise- slave-holding States argued that slave should be counted as people in population. The Framers agreed on counting all free persons and "three-fifths of all other persons."

The Commerce and Slave Trade Compromise- Congress was forbidden the power to tax the export of good from any State. The trade states feared that Congress would try to pay for the new government out of exports.

"A Bundle of Compromises"- this is what people called the drafting of the Constitution. There were many different opinions the delegates had concerning certain issues.

Sources of the Constitution- came from the writings of enlightened individuals like Rousseau and John Locke. They also wrote by the experiences they had with the Second Continental Congress, Articles of Confederation and State governments.

The Convention Completes Its Work- the Committee of Stile put the Constitution in its final form. Although some of the Framers were not satisfied with what they wrote, it was finalized.

Ratification- formal approval of each of the 13 States was needed to approve a law. By 1781, the Articles of Confederation were effective because of ratification.

Federalists- people who stressed the weaknesses of the Articles of Confederation. They thought the Republic could be overcome only by a new government under the proposed constitution.

Anti-Federalists- someone who was against the Constitution. They attacked every part of the Constitution and wanted the absence of mentioning God and against other proposals.

Success (Federalists)- the contest for ratification ended with the federalists winning. This ended the fighting against the anti-federalists.

Inauguration of the New Government- chose New York as the temporary capital of the United States. Then in April, George Washington was elected President of the United States and sworn in at New York City.

Ch. 3

Popular Sovereignty- the people are the only source of governmental power. Government can govern only with the consent of the governed.

Limited Government- government is not all-powerful. It may do only those things that the people have given it the power to.

Constitutionalism- the government must be conducted according to constitutional principles. In other words, the government must obey the law.

Rule of law- government and its officers are always subject to the law. This is a concept of limited government.

Separation of powers- distributes the powers of the National Government among the Congress, President and Judicial. This is how the United States Government is run.

Checks and Balances- each branch is subject to a number of constitutional restraints by the other branches. The Framers did this to make sure no one person gets too much power.

Judicial Review- the power to decide whether what government does is in accord with what the Constitution provides. It is the power of a court to determine the constitutionality of governmental actions.

Unconstitutional- to declare lull, illegal and void. If a government action is found to violate some provision of the Constitution it is called unconstitutional.

Federalism (How did it come about?)- the division of power among a central government and several regional governments. It was solution to stop colonists from rebelling against the harsh power of central government.

Amendment- for changes in its written words. The Constitution provides for amendments to be added to it.

Formal amendment- changes or additions that become part of the written language of the Constitution itself. In this formal amendment, there are four methods.

First Method- two-thirds vote in each house of Congress. To have ratification, there be a three-fourths vote.

Second Method- amendment my be proposed by the Congress then ratified by convention. In this case, three-fourths must vote for the amendment.

Third Method- can be proposed by a national convention. This requires a two-thirds vote of the State legislature.

Fourth Method- my be proposed by a national convention and ratified by convention and three-fourths vote. The Constitution places only one restriction on the subject with which a proposed amendment may deal.

The 27 Amendments- the amount of amendments that have been added to the Constitution. The last amendment dealt with Congressional pay.

Bill of Rights- the first 10 amendments of the Constitution. Set out the guarantees of freedom of expression and belief.

Informal amendment- process by which many changes have been made in the Constitution that have not led to changes in the document’s written words. They result in day-to-day and year-to-year experiences of government.

Basic Legislation- it passes many laws to spell out several of the Constitutions brief provisions. Congress has added to the Constitution by the way in which it has used many of its powers.

Executive Action- powers used by the President to do something. These powers include declaring war and being Commander in Chief.

Executive agreement- a pact made by the President directly with the head of a foreign state. The difference between executive agreement and treaties is that they need not be approved by the Senate.

Court Decisions- they interpret and apply the Constitution. Many important cases are Marbury v. Madison.

Party Practices- Constitution makes no mention of political parties. Although the Framers were opposed to parties, they have developed over time.

Custom- unwritten customs may be as strong as written law. Customs are very powerful in American life.

 

Ch. 10, 11 & 12 " The Congress"

Ch. 10

Bicameralism- an adjective, describing a legislative body composed to two houses. The Framers of the Constitution wanted the government to be bicameral to equal the power.

Term- the specified length of time served by elected officials in their elected offices. A term for Congress is 2 years.

Session- the regular period of time during which a legislative body conducts business. There are two sessions to each term in Congress.

Special session- an extraordinary session of a legislative body. This is only done by the President calling for a meeting.

Apportioned- distribution of seats in a legislative body among electoral districts. This is done by population of the State.

Reapportion- redistribution of seats in a legislative body among electoral districts. This only happens when a population change occurs in the State.

Congressional Election Date- is held the same day in every State. Since 1872, it has been required to vote on the first Monday in November.

Off-Year Election- congressional elections occurring in a nonpresidential year. 2002 is an off-year election.

Districts- 435 members of the House are chosen by voters across the country in separate districts. Each State has a different number of districts depending on the State size and population.

Single-member district- voters in each district elect one of the State’s representatives from candidates. Most States use this system because it is efficient.

At-large- all State’s seats are filled from the State as a whole. These elections are unfair and were thrown away in 1842.

Gerrymandering- comes from the name of Governor Elbridge Gerry who redrew the State’s legislative districts to favor the Democratic Party. Gerry was the governor of Massachusetts in 1812.

Gerrymandered- districts being drawn to the advantage of the political parties or faction that controls the State legislature. This type of selections is still apart of some states.

Wesberry vs. Sanders- population difference among Georgia’s congressional districts were too big that is violated the Constitution. This hearing concluded "one-person, one-vote."

Qualifications for House Members- they must be 25 years old and be a resident of their respective State for 7 years. In 200 years, the House has only expelled 4 people.

Continuous body- all its seats are never up of election at the same time. This was done to keep a continual 50 person Senate so not train the new Senators.

Election and Terms- the Senate only has 100 members are serve a 6 year term. Originally, they were to be chosen by State legislatures but was ratified in 1913 to the people voting.

Qualifications for Senators- must be 30 years old and a citizen for 9 years. The House is the judge for the Senate and can exclude candidates by majority vote.

Interpreting Tables- the House is for the younger people to get a foothold in government. The Senate, which consists of the experienced people, are older people who can make decisions for a nation.

Personal and Political Backgrounds- most of the people in Congress are married, very religious, politicians, lawyers or government geniuses. Most of them are born in the United States and understand US History and economics/civics.

Jeanette Rankin- first woman to be elected in Congress in 1916. She voted against entering WWII and was only Congress member to vote against the entry of the United States.

Duties of the Job- Congress members are responsible for being legislators, committee members, representatives, servants to constituents and politicians. They must also be able to verbally tell people what they want in an intelligent manner.

Constituents- the people of the Congress members States or district. One of the duties of Congress is to be a constituent servant.

Oversight function- check to see that the various agencies in the executive branch are working and are acting in line with the politics of Congress. This is a part of being a committee member in the Congress.

Trustees- each question they face must be decided on its merits. Call issues as they see them, regardless of public opinion.

Delegates- agents of those who elected them. Vote the way they think "the folks back home" would do.

Partisans- lawmakers who owe their first allegiance to their political party. Vote in line with the party platform and the wishes of their party’s leaders.

Politicos- attempt to combine the basic elements of the trustee, delegate and partisan roles. They try to balance them but there are always conflicting factors.

Other Roles- Help constituents solve whatever problems they may have with the federal bureaucracy. The average member is swamped with requests very second of the day.

Compensation- Constitution gives Congress power to set their own salary. Today, they receive $133,600 a year.

No salary Compensation- each member gets a "fringe benefits" like tax deduction to keep two residences. They pay little for life and health insurance as well.

The Politics of Pay- One limit to a pay raise is a Presidential veto. The other way is a vote of "no" by constituents across the country.

Membership Privileges- they cannot be questioned in court about their speech or debate. They cannot, though, insult another person in a public speech.

Ch. 11

Congressional Power- the Constitution puts many restrictions on the power of Congress. Congress cannot create a national public school system or require people to go to church.

Strict Versus Liberal Construction- the Framers wanted a new and strong National Government. Many people didn’t want a new government and arguments came about.

Strict constructionist- led by Thomas Jefferson and continued to argue the Anti-Federalists position. Wanted the States to keep as much power as possible.

Liberal constructionists- led by Alexander Hamilton and fought to adopt the new Constitution. The liberal constructionists won the battle and the Federal Government got more power than expected.

The Power to Tax- the Articles of Confederation didn’t give Congress the power to tax. With the new Constitution, Congress could pass taxes to meet public needs.

Direct tax- must be paid by the person on whom it is imposed. Examples like tax on ownership of land or buildings and income tax.

Indirect tax- paid by one person but then passed on to another. An example of this is federal tax on cigarettes.

The Power to Borrow- permits the government to finance projects that cannot be paid for out of current revenues. There is no constitutional limit on the amount.

Commerce Power- the power of Congress to regulate interstate and foreign trade. Under the Articles of Confederation, the Congress could do nothing and chaos and confusion would run throughout the States.

The Currency Power- before Congress, States had separate paper money with different amounts. The new Constitution gave the States a set money system and there was no confusion in trade.

Legal Tender- any kind of money that a creditor must by law accept in payment for debts. Congress did not create a national paper currency until 1862.

Bankruptcy- legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owned. States and National Government have the power to regulate bankruptcy.

Foreign Relations and War Powers- gives Congress several important responsibilities in the country’s dealing with foreign states. For example, Congress can declare war and restrict military deployment.

Foreign Relations Powers- Congress shares this power with the President, who is responsible for the conduct to relations with other nation. The Constitutions does not allow States to take part in foreign relations.

War Powers- only Congress may declare war and raise and support an army. Congress also has the power to "call forth the militia".

Additional Powers of Congress- there are many other powers the Congress as regarding the States. The following terms are some of those powers.

Naturalization- the process by which citizens of one country become citizens of another.

The Postal Power- Congress has the power "to establish post offices and post roads." It also has the power to protect the mail and ensure quick efficient distribution.

Copyrights and Patents- "to promote the progress of science and useful arts, by securing, for limited times…". Congress has the power to protect material.

Copyright- the exclusive, legal right of a person to reproduce, publish, or sell his or her own literary, musical or artistic creations. Copyrights are registered at the Copyright Office in the Library of Congress.

Patent- grants a person the sole right to manufacture, use or sell "any new and useful art, machine, manufacture and improvements. The term patent can only be used if the Congress approves it.

Weights and Measures- absolute need for and usage of accurate, uniform gauges of time. Makes sure all the money is the weight it should be and its thickness.

Power Over Territories and Other Areas- acquire, manage and dispose of various federal areas. Covers hundred of military and naval installations.

Eminent domain- the inherent power to take private property for public use. Territory may also be acquired from a foreign state based on the power to admit new States.

Judicial Powers- they check the Checks and Balance and interpret how the law is written.

Necessary and Proper Clause- it is from the provision that the implied power flow. It is a very important part of the Constitution.

The Battle of Implied Powers- Hamilton’s plan didn’t want Congress the power to establish banks. Jefferson wanted the government to have power to express the Constitution and absolute necessary power.

McCulloch vs. Maryland 1819- opponents of a new bank tired to persuade States to cripple its operations. The State won a judgment against James McCulloch and appealed to the Supreme Court.

Constitutional Amendments – This is when two-thirds of both houses vote to add an amendment, this has occurred thirty-three times so far. The most recent amendments to be pushed into the congress from state legislators have been on the topics of abortion to limiting the terms fro house and senate members

Electoral Duties – These are used very seldom but they are sometimes used. They are mostly used by the house to vote in a president, this occurs when the electoral votes are too close.

Impeachment – This is when the president is voted to be kicked out of office by the congress. The house first votes to put the person on trail then the senate try the person with the chief justice as the judge.

Impeach – This is when a person in power is kicked out and then can be tried in a regular court for the office. There have been, to date, no presidents who have been impeached

Executive Powers – There are two executive powers, which are given to the senate. The first is for appointments made by the president must have a majority vote and the treaties made by the president.

Investigator Power – Congress has the power to start an investigation into anything which is under its power. This is used to gather information useful to congress in the making of some legislation, oversee the operation of various executive branch agencies, focus public attention on a particular subject, expose the questionable activities of public officials or private persons, and/or promote the particular interests of some members of congress.

Ch. 12

Congress Convenes – This means congress begins a new term, this happens every two years. This happens after the general elections in November

Opening Day in the House –This is every two years when the new members of the house converge. These members are never sworn in and there is no organization until opening-day ceremonies are held

Opening Day in the Senate – The congress is a continuing body. Since it was setup in 1789 it has continued uninterrupted. Due to this the congress does not suffer from un-organization

The Presidents State of the Union Message – Once the senate receives word that the house is organized it will make an appointment to meet. The date is set the president will make the State of the Union speech, which is annual, to the joint congress

The Presiding Officers – Each house has their own officers. The most important person in the House is the Speaker of the House.

Speaker of the House – He is by far the most important member of the House of Representatives. He is a member of the major party and is elected ever two years.

President of the senate – This position is not held by a congress men at all. Instead this position is given to the Vice President. Because the Vice President cannot devote as much time to the congress, the Speaker’s roll is bigger then his in the Congress

President pro tempore – This is who is elected from senate to fill the place of the Vice President while he is away from his seat.

Floor Leaders and Other Party Officers –Congress is a political party for two reasons. One: Congress is the nation’s central policy-making body. Two: Its partisan makeup. Reflecting this political completion, Congress is organized by means of houses.

The Floor Leaders – The minority and majority flood leaders are the next most important positions to be held after the Speaker. These people are political strategists who try to convert the floor’s ideas to favor that of that floor leader’s party

floor leaders – These people are political strategists who try to convert the floor’s ideas to favor that of that floor leader’s party

Whip – This person’s job is to check with party members and advise the floor leader of the number of votes that can be counted on in any given matter. They also see that persons who are for their matter is going to be present to vote.

The Party Caucus – This is a special meeting held by each party before a congressional meeting. It also sometimes occurs during a congressional meeting. This meeting deals with issues which are most important to that party

Party caucus - This is a special meeting held by each party before a congressional meeting. It also sometimes occurs during a congressional meeting. This meeting deals with issues which are most important to that party

Committee chairman – These are the important people in each party. They also hold special positions in the chamber, or strategic posts. A chairman is chosen by the major party and then he/she decides in what order to view and discuss the matters at hand

Seniority Rule – This is an unwritten rule, which have been in place sense the late 1800’s. This is where the most important posts of all aspects of congress are held by the most experienced people.

Criticism of Seniority Rule – The critics of this system have strong points. They say that this system ignores ability and discourages younger members. They also say that the rule means that a committee head often comes from a safe constituency

Standing Committees – These committees where set up in 1794, because at that time there were over 300 committees for each house. Standing Committees were made so that similar committees as the standing one could send their ideas to the Standing Committee

The House Rules Committee – Before a bill can reach the House, it is usually screened and never looked at by the house. This is because every year the Rules of Committee change and so the bill must also be changed.

Select Committees – These are set up on occasion and only last a certain amount of time. The members are selected by the Speaker and the president of the senate. The major and minority parties are also, sometimes, looked to for candidates

Joint and Conference Committees – These are committees consisting of delegates from both houses. The join committees are set up to serve some temporary purpose while others are ongoing. Conference committees are created to iron out difficulties in bills, or compromise to make a bill work

Joint committee – This is a committee which consists of delegates from both houses. Most of these are permanent groups, but some are only temporary

Conference committee – This is a committee which consists of delegates from both houses. Conference committees are created to iron out difficulties in bills, or compromise to make a bill work

Creating and Introducing Bills – Not all bills come from the congress. Most bills come from either the people who draft the bill and send it to congress or the executive branch to help the people

Types of Bills and Resolutions – Bills are laws, which have not been voted on by the congress. National bills are measures applying to the nation as a whole. Private bills are those members that apply to certain persons or places rather than to the nation in general.

Bills- are proposed laws, or drafts of laws, presented to the House or Senate for enactment. The two types of bills are public and private bills.

Joint Resolutions- when they are passed, they have the force of the law. Deal with unusual or temporary matters.

Concurrent resolutions- deals with matters in which the House and Senate must act jointly. They do not have the force of law and do not require the President’s signature.

Resolutions- deal with matters concerning either house alone and are taken up only by that house. They are regularly used for such things as the adoption of a new rule or amendment.

The First Reading- the clerk of the House numbers each bill as it is introduced. The bill is read and passed in either house and given three readings in total.

The Bill in Committee- committees serve as sifters to take out bills and judge them. Most of the bills passed in the House die when the committee sees it.

Discharge petition- enables members to force a bill that has been in committee 30 days for consideration. They are then taken to the chairmen for him to discuss at the House.

Subcommittees- divisions of existing committees formed to address specific issues. There are 140 subcommittees in the House and 90 in the Senate.

Rules and Calendars- Before the bill goes to the floor, it goes on several calendars. This is a schedule of the order in which bills will be taken up on the floor.

The Bill on the Floor- this is when the bill gets its second reading. Minor bills are announced by name and then disposed of.

Committee of the whole- is the House sitting not as itself but as one large committee of itself. Its rules are less strict than the rules of the House.

Quorum- majority of the full membership. Only 100 members need to be present in the Committee of the Whole.

Debate- majority and minority leaders split up time on arguing about the bill. But before the debate, a member can demand a vote on the issue before the House.

Voting- a bill can be subject to many votes on the floor. If amendments are offered, members must vote on each of them.

Final Steps- once a bill is approved it is printed in its final copy. A third reading takes place and the Speaker signs it.

Introducing the Bill in the Senate- the Senate’s processing’s are less strict than the Houses. Bills are called to the floor at the discretion of the majority floor leader.

The Senate's Rules for Debate- the debating in the Senate is unrestrained. Senators can speak as long as they want.

The Filibuster- an attempt to "talk a bill to death". Also called a stalling tactic in local high schools.

The Cloture Rule- first adopted in 1917. This was instituted after a famous filibuster in Senate history.

Cloture- limiting debate. It is not regularly enforced but is used on special measures.

The Conference Committees- there are many times the House or the Senate will not accept the other’s version of the bill. When talking about the bill, no new material maybe be brought into the subject.

The President Acts- President may sign the bill, and it then becomes law. He can also veto it or may not allow the bill by not signing it in 10 days.

Veto- a refusal to sign. If vetoed, the bill is sent back to the House or Senate to revise.

Pocket veto- if the President doesn’t do anything with the bill in 10 days, it is pronounced died. This is a variation of letting the bill sit for days.

Ch. 13, 14 & 15 "The Presidency and Federal Bureaucracy"

Ch. 13

Chief of state- the ceremonial head of the government of the United States, the symbol of all the people of the nation. The President of the United States both reigns and rules the country.

Chief executive- vested by the Constitution with "the executive power of the United States". The powers are immensely broad in both domestic and foreign affairs.

Chief administrator- head of administration of the Federal Government. The President directs an administration that employs 3 million civilians and spends something on the order of $1.6 trillion a year.

Chief diplomat- the main architect of American foreign policy and the nation’s chief spokesperson to the rest of the world. What the President says is heard in the country and around the world.

Commander in chief- the nation’s armed forces. All the power in the nation’s military arsenal are subject to the President’s direct and immediate control.

Chief legislator- the main architect of its public policies. The President sets the overall shape of the congressional agenda.

Chief of party- the acknowledged leader of the political party that controls the executive branch. Much of the real power and influence wielded by the President depends on the manner in which he or she plays this critical role.

Chief citizen- President is excepted to be ‘the representative of all the people." In a since, he is working for the public interest.

Interrelated Nature of Presidential Roles- All the terms above, the President must do simultaneously. The way he acts plays a role in his power and how people look at him.

Formal Qualifications- a President must be a "natural-born citizen" and at least 35 years old. On top of that, he must have lived in the United States for 14 years.

The President’s Term- before 1951, the Constitution placed no limit on the number of terms the President might serve. Today, they serve a 4-year term, which after that they can serve 4 more years and that’s all.

Pay and Benefits- President salary is fixed by Congress at $50,000. After the Presidency, he receives a lifetime pension of $143,800 a year.

The Constitution and Succession- if the President dies then the Vice President becomes the President. If they are both to die, a list of successors, starting with the Speaker of the House, will be designated President.

Presidential Disability- if the Congress sees that the President is not doing his duties to the best of his ability, the Congress declares the Vice President will become the Acting President. When the President is well again, his position will be restored to him.

The Vice Presidency- they preside over the Senate and help decide the question of presidential disability. As in the Constitution, the Vice President is basically a "President-in-waiting."

Importance of the Office- in history, the vice president is little more than a low status position. So far, no President has upgraded the Vice President to the true role of an "assistant president".

Original Constitutional Provisions- Framers gave the Constitution more time to the choosing the President than any other position. Original, noble men were going to vote for the President but it soon went to the decision of the people.

The Impact of the Rise of Parties- Framers intended only as long as George Washington was willing to seek and hold the presidency. But the system was flawed and in 1796, political parties began to emerge.

The election of 1800- the first two political parties were the Federalists and the Democratic-Republican. The 1800 election brought elements of party nominations for vice and president, nominations of candidates for party ticket and automatic casting of electoral votes.

The 12th Amendment- made certain there would never be another fiasco like the 1800 election. "The Electors… shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President."

The role of Conventions- the character of elections had a downfall in the mid-1820. In the 1832 election, both major parties turned to national convention as nominating devices.

Extent of Control by Law- there is no mention in the Constitution on the subject of presidential nominations. Conventions are largely used for political parties and choosing delegates.

Convention Arrangements- a committee meet is held in Washington DC to set the time and place for a convention. They pick large cities to bid for the honor and look for financial return to local business.

The Apportionment of Delegates- it is the delegates who cast the votes that will nominate the party’s presidential candidate. Today they use "formulas" to choose delegates but awards and what they have done.

Selection of Delegates- state laws and or party rules pick delegates in each State. They take place within the political party.

Presidential Primaries- election at which a party’s voters choose party organization delegates and express preference among various contenders. ¾ of all delegates come from States that hold presidential primaries.

History- first appeared in the early 1900’s. Efforts to reform the national convention process was high but was reversed in the 1970’s.

Primaries Today- most States prefer an early date to schedule the primaries. Each State has a different time when they schedule their primaries.

Winner-take-all- the candidate who won the preference vote automatically won the support of all delegates chosen at the primary. Today, they are not even in existence because the Democratic Party rules now prohibit them.

Evaluation of the Presidential Primary- primaries are vital because they are a major part in deciding the presidential nominating contest. They tend to democratize the delegate-selection process.

Caucuses and Conventions- for those States that do not hold presidential primaries, national conventions are chosen in a system of caucuses and conventions. They meet in local caucuses at precinct level and sometimes in district conventions.

The Convention Setting- they meet in a huge auditorium with flags, bunting and party symbols. The floor is jammed with rows of chairs and placards mark the seating reserved for each State’s group of delegates.

The Opening session- they run for 4 days and sometimes have two sessions held each day. They are devoted to organizing the convention and delivering rousing speeches.

The Second and Third Sessions- the committee on rules and order of business report first. Credential committee prepares the permanent roll of delegates entitled to seats and votes in the convention.

Platform- supposed to be a basic statement of the party’s principles and its stands on major policy matters. It is also a campaign statement aimed at people and winning as many votes as possible.

The Final Sessions- names of nay contenders are offered. Each contender makes a nominating speech and are voted on.

Who Does the Party Nominate?- if the President is running of another term, the party looks over the last term. There is really no opposition unless the President does something bad. If the President doesn’t want to be re-elected, many contenders surface.

The Electoral College Today- the electors are chosen at-large in every State and by popular vote. They are excepted to vote for their party’s candidates for President and Vice President.

Flaws in the Electoral Collage (Major Defect)- electoral votes are distributed among the States regardless of population. Popular vote doesn’t determine who is President all the time.

The Second Major Defeat- nothing requires the electors to vote for the candidate favored by the popular vote. They are excepted to vote for the candidate who carries their State and their party.

The Third Major Defeat- it is possible that the contest will be decided in the House of Representatives. This is serious because House members can be so divided a candidate cannot be decided or a strong third-party could make a decision last until inauguration day.

Proposed Reforms- Constitutional amendments to change the process have been introduced in every term of Congress. They do this because they see the defect of the Electoral College system.

The District Plan- does away with the winner-take-all problem. Votes would be cast in accord with the popular vote result in their district.

The Proportional Plan- each presidential candidate would receive he same share of a State’s electoral vote as he or she received in the State’s popular vote. It would yield an electoral count more nearly in line with the popular vote for each State.

Direct Popular election- do away with the Electoral College system altogether. Each vote would count equally in the national result and the winner would always be the majority choice.

Electorate- the mass of people who actually cast votes in an election. Results depend on how those voters casting their ballots and how heavily they do or do not turn out to vote.

The National Bonus Plan- would keep much of the Electoral College system, especially winner-takes-all. A national pool of 102 electoral votes would be awarded to the winner of the popular vote contest.

A Final Word- it is a know process and reforms may have defects that could not be know until practiced. It identifies the winner of the presidential election so the people don’t have to wait to know the outcome.

Ch. 14

The Changing View of Presidential Power- often called "the most powerful office in the world." President power is so loose it is not even defined in the Constitution.

Why Presidential Power Has Grown- the influence the Presidents had on their office. There are many factors why the presidency has grown in power but most of it is through influence and other people.

How Presidents Power Has Grown- media has helped bring the President to the people. The amount of roles he plays is another big part in how he as grown.

Media- communication with people, like press, radio and television. Media helped the President get to the people to hear their opinions.

How Presidents Have Viewed Their Power- Presidents have held one of two general and contrasting views. He uses his powers to get things done in the role that he is playing.

Executing the Law- the President enforces, administers and carries out the provisions of federal law. The Constitution requires the President to execute all federal laws no matter what their opinion on it is.

The Ordinance Power- grants certain powers to the President if they are Constitutional. The President must also have the power to authorize his subordinates to issue such orders.

The Appointing Power- President names the most top-ranking officers of the Federal Government. The nomination is sent to the Senate for confirmation and if approved, is appointed the position.

Executive order- is a directive, rule or regulation that has the effect of law.

The Appointing Power- President names the most top-ranking officers of the Federal Government. The nomination is sent to the Senate for confirmation and if approved, is appointed the position.

The Removal Power- Constitution does not say how to dismiss an official or what to do. If the President is corrupt and is not liked by the Congress, he can be impeached.

The Historical Debate- the 1st Congress gave the President the power to remove any officer except federal judges. Congress tried to restrict the President’s freedom but was dismissed.

Removal and the Supreme Court- the Supreme Court didn’t place limits on President’s removal power until 1935 when Wilson removed Frank Myer, postmaster. Congress has the power to set the conditions for which the President can remove people.

The Power to Make Treaties- the Senate must give approval by 2/3s vote make a treaty. The President negotiates international agreements.

Executive Agreements- are pacts between the President and the heads of foreign states. They do not require Senate consent and are done many times throughout a presidency.

The Power of Recognition- the President acknowledges the legal existence of that country and its government. They accept the country as an equal nation but it does not mean they approve of their government or country.

The President’s Dominant Role in Military Affairs- the President’s power as commander-in-chief is unlimited. Most of the Presidents delegate much of their command authority to military people

Making Undeclared War- it has happened on about 200 occasions. The Gulf War is an example of that when President Clinton ordered 20,000 American troops into Bosnia.

Wartime Powers- they can set prices, seize private industries and do many domestic affairs. They get more power to help the nation during war.

The War Powers Resolution- the Constitution never intended the President to have so much power. The Congress wants to President to obey them but he refuses.

The President in the Legislative Field – The president is considered the chief of the party and chief citizen. The president can also check, delay or block actions by other branches.

Power to Recommend Legislative – Because the president is the Chief of party and chief citizen, he can and usually does influence the Congress considerably. He has the power to "…recommend to their [congress’s] consideration such measures as he shall judge necessary and expedient…"

Other Legislative Powers – The president has the ability to call for a special session of congress. He also has the ability to adjourn congress if the two houses become stuck on an issue, this has never occurred.

Judicial Powers – The president is the only person who has the ability to give out pardons to criminals, or clear them of their crime. He also has the ability to grant a reprieve which shortens the sentence of the criminal

reprieve – The president has the ability to grant a reprieve which shortens the sentence of the criminal

Pardon - The president is the only person who has the ability to give out pardons to criminals, or clear them of their crime. For example, President Ford gave Nixon a pardon for his criminal acts regarding the Watergate Scandal.

Commutation – This is the presidents power to reduce the length of a sentence or a fine put on the criminal. This is also known as a conditional pardon.

Amnesty – This is the power that the president has to give pardons to a group of people. This was used most recently by President Cater to pardon Vietnam War draft evaders

The Executive Office of the President – The first aides to the president were actually hired and paid by the president. Not until 1857 did congress finally pay salary for the first aid of the president’s

The White House Office – This is where the oval office and the cabinet room are. The west wing is closed to all visitors and the east wing is where tourists are allowed. The white house is also known as the nation’s "nerve center"

The National Security Council – Most of the president’s foreign affairs are first closely consulted with the National Security Council (NSC). It will meet the president’s call and advise him in all domestic, foreign, and military matters that bear on the nation’s security

The Office of Management and Budget – Or the OMB, is the largest and, after White House Office, the most influential unit in the Executive Office. This office deals with the federal budget.

federal budget – This is a financial document, a detailed estimate of receipts and expenditures, an anticipation of federal income and expenditure for the next fiscal year

The Office of National Drug Control Policy – This is the newest major office in the executive offices. Established in 1989, it dramatizes the nation’s concern over drugs

The Council of Economic Advisers – This committee is made of three of the nations leading economists who are chosen by the president and consented by Congress. This is the president’s main source for the nation’s economic trends and helps the president prepare for the annual economic report to the congress.

Other Units in the Economic Office – Other major offices are the Office of Policy Development, which deal with domestic matters; the Council on Environmental Quality, which aids the president with all states of the environment; the Office of United States Trade Representative, who advise the president with foreign trade matters; and the Office of Administration, this is the housecleaning agency who help with most of the other issues.

The Cabinet – This is the informal advisory body which is brought together by the president to serve his needs. The first cabinet was made of the secretary of the treasury, of the state, of war, and the attorney general

Choosing Cabinet Members – The president is able to appoint fourteen people to cabinet positions. These people are then accepted by the congress

Women and Minorities in the Cabinet\- To this point only thirteen women, seven African Americans, and four Hispanic have ever been cabinet members. FDR was the first to appoint a women to the first women to the cabinet

The Cabinet’s Role – The secretaries all have two roles. One is that the secretaries are the administrative head of one of the executive departments. They also advise the president on foreign and domestic affairs

Ch. 15

What is a Bureaucracy – This is an organization built on three principles: Hierarchical authority, job specialization; each bureaucrat has a defined job; and formal rules; they conduct operations according to established regulations and procedures.

Bureaucrat – This is the word used to describe a person who is a bureaucrat. Each has defined duties and responsibilities.

Major Elements of the Federal Bureaucracy – The federal bureaucracy is the major part of the government. It is made up of all the agencies. People. And procedures through which the federal government operates

Administration – This is what acts on what the president says. There are three major branches of the executive administration, the executive office of the president, the 14 cabinet members, and a large number of independent agencies

The Name Game – Departments are usually used to mean agencies. Agencies are often used to refer to any governmental body.

Staff and Line – The Staff are support agencies which aid the president by furnishing advice. The line agencies perform the tasks for which the organization exists

The Executive Departments and the Independent Agencies – These agencies were made to find the difference between public bureaucracies and private ones

The Cabinet – At first there were only 3 departments of the cabinet: war, treasury, and state. The head of each department is known as the Secretary of that department. These secretaries are then helped by the deputy secretary who are named by the president and confirmed by congress

What are the Independent Agencies –These are department set out from the other departments of the cabinet. It does not mean that they are not as important though

Independent agencies - There are now 150 independent agencies in the US. On of the biggest is NASA. NASA is both closely related to the defense and transportation departments. Other independent departments are removed from the department system all together when they do not fit in with the other department’s area of decision

The Independent Executive Agencies – This is where most independent departments are located. The main difference between the 14 cabinet departments and these is they do not have seats in the cabinet

The Independent Executive Agencies - This is where most independent departments are located. The main difference between the fourteen cabinet departments and these is they do not have seats in the cabinet

The Independent Regulatory Commissions – The biggest thing about these departments are that they are not under direct presidential control. There are only 10 departments like this today.

quasi-legislative – This is the legislative-like powers the independent regulatory commissions have. They help spell out and enforce the laws made by congress

quasi-judicial - This is the judiciary-like powers the independent regulatory commissions have. This is used when the departments use the powers that congress gave them to arrest/punish a person/.

The Government Corporations – These departments are different because they were set up by congress to carry out business0like duties. The first of these was the First Bank of the United States in 1791, now there are over 50 of these departments like the post office, FDIC, etc

The Civil Service – Over 90% of the federally employed bureaucrats live in the Washington area. Only 2,500 jobs in the Washington area are in a higher position

The beginnings – President Washington knew that success would be in from those who he appointed into office. It was in 1801 though, when Jefferson formed most of the federal posts with men who were personally and politically against him

The Spoils System – In 1820 there were too many people who held federal positions and so Jackson dismissed over 200 presidential appointees and almost 2,000 other officeholders

Patronage – This is when positions in offices are given to supporters and friends. This was in wide use long before Jackson’s presidency

The Movement of Reform – After some time people who came in and out of congress pressed for reforms. Congress did create a Civil Service but it soon went under due to lack of funding

The Pendleton Act – This set up two categories of employment in the executive branch, the classified and unclassified service. This also gave the president the ability to places the federal agents in either one of the services.

Civil Service Today – First it was formed to do away with the spoils system, but now it is tying to recruit and keep the best available people in the federal work force.

Reorganization – This Civil Service Reform Act of 1978 was passed by President Carter. This changed the Civil Service Commission with two new independent agencies, the Office of Personnel Management (OPM) and the Merit System Protection Board.

Federal Employees and Party Act – The party act was created by the Labor-Management Act of 1947. This gave people the power to join unions and other groups like that. It also says that classified employees can not protest the system but they may vote as they want

Pay and Benefit Issues – Equal opportunity for job advancement remains a problem in the federal bureaucracy. Although minority groups and women are well represented they do not hold near an equal number of jobs as white collared men do.

Ch. 18 "Federal and Supreme Court"

Ch. 18

The Creation of a National Judiciary- under the Articles of Confederation, there were no national courts and no national judiciary. Decisions in each State were ignored by the other.

A Dual Court System- national judiciary spans the country with more than 100 courts. Each of the States has their own system.

Two Kinds of Different Courts- Constitutional courts are federal courts that Congress formed and include appeals, district courts and Court of International Trade. Special Courts were created to hear cases arising out of some of the expressed powers.

Jurisdiction- the authority of a court to hear and decide a case. It literally means the power "to say the law".

Subject Matter- interpretation and application of a procession in the Constitution. Question of admiralty or maritime law arising on land by the water.

Parties- if a case does not fit in one of the party categories, it cannot be heard in a federal court. It then goes to the State courts.

Exclusive- those cases can be heard only in the federal courts. This works with a person being charged of a federal crime or patent or copyright issue.

Concurrent Jurisdiction- share the power to hear those cases. Disputes with citizens of different States are common.

Plaintiff- the one who initiates the suite. They may bring the case in the proper State of federal court.

Defendant- the party who must defend against the complaint. They may have it moved to the federal district court.

Original- a court in which a case is heard for the first time. This is happens when you first most to court with a complaint.

Appellate Jurisdiction- a court that hears a case on appeal from a lower court. They can uphold, overrule or modify the decision appealed from the lower court.

Appointment of judges- they are chosen, the terms and even salaries are already determined. This also happens with federal judges.

Terms and Pay of Judges- occurring to the constitutional courts, judges are appointed for life. They can be removed, only, by impeachment.

Court Officers- federal judges are actually not involved in the day-to-day administrative operations of the court. They appoint a clerk who keeps records and other things the judge wants them to do.

District Courts/ Jurisdiction- there are 632 judges that handle 300,000 cases a year and 80% are federal caseload. District courts were created by Congress in the Judiciary Act of 1789.

Jurisdiction- district courts have original jurisdiction over most cases in federal cases. That amounts to saying that district courts are principal trial courts in the federal system.

The Courts of Appeals/ Jurisdiction- they were established as "gatekeepers" to relieve the Supreme Court of hearing appeals from district courts. There are 12 courts of appeals in the judicial system.

The Court of International Trade- there are 9 judges who are the chief judges that hear civil cases arising out of the tariff and other trade-related laws. Appeals are taken to the Court of Appeal.

The Court of Appeals for the Federal Circuit- tribunal to centralize and speed up the handling of appeals in certain civil cases.

Judicial Review- the Marbury vs. Madison case in 1803 gave the judicial branch to interpret the law by the Constitution. It also called for judges being sworn to enforce the Constitution.

How Cases Reach the Court- the Court selects those cases it will hear according to "the rule of four", which is 4 of the 9 judges must vote to hear it. If turned down, it is given to the lower court.

Writ of certiorari- "to be made more certain." An order by the Court directing a lower court to send up the record in a given case for its review.

Certificate- process is used when a lower court is not clear about the procedure or the rule of law that should apply in a case. The lower court asks the Supreme Court to certify the question.

The Supreme Court at Work- they sit from the first Monday in October to the following June or July. Each term is identified by year.

Oral Arguments- listen to oral arguments for two weeks, recess for two weeks and consider the cases and other Court business. Arguments are limited to 30 minutes each so not to drag hearing.

Briefs- written documents filed with the Court before oral arguments. They are detailed statements that support one side of the case, numbering in the 1000’s of pages.

The Solicitor General- a principal officer in the Department of Justice. Represent the US in all cases to which it is a party in the Supreme Court. They decide which cases the government should ask the Supreme Court to review.

The Conference- on Wednesdays and Fridays, the justices meet to consider cases for the oral arguments. The Chief Justice presides over the conference and pools the justices to see where they stand.

Opinions- if the chief justice is the majority, they ask for writings of the Court’s opinion. When minority, it is handled by the senior associate justice on the majority side.

Majority opinion- it is the Opinion of the Court. It announces the Court’s decision in a case and sets out the reasoning on which it is based.

Concurring opinion- if one or more justices agree with the Court’s decision. This is to make or emphasize a point that was not made in the majority opinion.

Dissenting opinions- if one or more justices disagree with the Court’s decision. This shows the points that the majority opinion showed are too strong.

The U.S. Federal Claims Court- the United States cannot be sued by anyone in any court for any reason without its consent. This intended to prevent the government from being "hamstrung" in its own court.

Redress- satisfaction of the claim, payment only by an act of Congress. In 1855, the Congress set up the Court of Claims to hear pleas.

The Territorial Courts- "makes all needful rules and regulations respecting the territory…" These courts are in the Virgin Islands and Guam.

The Courts of the District of Columbia- "to exercise exclusive legislation in all cases whatsoever, over such District…" Congress has set up a court in the capital so not to swamp the Supreme Court with civil cases.

The Court of Appeals for the Armed Forces- "to make rules for the government and regulations of the land and naval forces." Its chief judge and four associates are not member of the armed forces but are appointed by the President for 15 years.

The Court of Veterans Appeals- "constitute tribunals inferior to the Supreme Court." Composed of a chief judge and 6 associate judges appointed by the President for 15 years.

The United States Tax Court- acts under the constitutional granted power to tax. Judges (19) are named by the President for 12 years.

Ch. 4 & 24 "State and Local Government/ Federalism"

Ch. 4

Federalism- is a system of government in which a written Constitution divides the powers of government on a territorial basis. The division is made between a central, or national, government and several regional of local governments.

Division of powers- was implied in the original Constitution and then spelled out in the 10th Amendment. Produces a dual system of government.

Delegated powers- it has only those powers granted to it in the Constitution. There are expressed, implied an inherent powers.

Expressed powers- are those delegated to the National Government. It is spelled out expressly in the Constitution.

Implied powers- are those that are not expressly stated in the Constitution but are reasonably implied by those powers that are. Is found in one of the expressed powers called "necessary and proper."

Inherent powers- are those that belong to the National Government because it is the national government of a sovereign state in the world community. The Constitution does not expressly prove for them but are powers that national governments have historically possessed.

Reserved powers- are the powers held by the States in the federal system. They are those powers not given to the National Government and yet denied to the States.

Exclusive powers- are those that can be exercised only by the National Government. They include most of the delegated powers.

Concurrent powers- are those that both the National Government and the States possess and exercise. They include the power to lay and collect taxes.

Powers denied to the National Government- Constitution denies power to levy duties on exports, deny freedom of religion, press or assembly and conduct illegal searches or seizures. Many powers are denied because of the "silence" of the Constitution.

Powers Denied to the States- no State can enter into any treaty, alliance or confederation. It can neither print coin money nor deprive any person of life, liberty or property without due process of law.

The Federal System and Local Governments- discussed in terms to national, State and local. There are two basic federal systems: National and the 50 States. All local governments are considered subunits of the States.

The Supreme law of the Land- the Constitution stands above all other forms of law in the United States. Acts of Congress and treaties are the next in line.

The Supreme Court and the Federal Court System- the Supreme Court is the umpire in the federal system. Its chief duty is to apply the Supremacy Clause to the conflicts which hat dual system of government inevitably produces.

The Nations Obligations to the States- Constitution places several obligations on the National Government for the benefit of the States. Most of the obligations can be found in Article IV.

Guarantee of a Republican Form of Government- Constitution requires the National Government to "guarantee to every State in this Union a republican form of government." The Constitution does not define it and so the Supreme Court has regularly refused to do so.

Protection against Invasion and Domestic Violence- National Government must "protect each of the States against invasion…" this was created in the 1780’s when it was not certain that all 13 States would stand together if attacked by foreign countries.

Respect for Territorial Integrity- National Government is constitutionally bound to respect the territorial integrity of each States. They must recognize the legal existence and the physical boundaries of each State.

Admitting New States- Congress has the power to admit new States to the Union. The Constitution only places one restriction on that power and it is creating a State by taking territory from one or more of the existing States without the consent of the legislatures of the State.

Admission Procedure- the area wanting Statehood must first petition Congress for admission. If they agree, they pass an enabling act.

Enabling act- directs the framing of a proposed State constitution. A convention prepares the constitution and is then put to a popular vote in the proposed State.

Act of admission- Congress still agrees to Statehood after reviewing the document. If the President signs the act, the new State enters the union.

Conditions for Admission- each State enters the US on an equal footing with each of the other States. Congress can set certain conditions but cannot impose conditions of a political nature on the States.

Federal Grants in Aid- grants of federal money or other resources to the State. These grants provide those levels of government with the funds often needed to carry out many of their functions.

Block Grants- grants to State and local governments with more broadly defined purposes and fewer strings attached. By the 1980’s, federal grants accounted for approximately 25% of all State and local government expenditures.

Revenue Sharing- a different form of federal money aid that was instituted from 1972 to 1987. Congress gave an annual share of the huge federal tax collection to the States.

Other Forms of Federal Aid- one well-known example is the FBI’s extensive help to State and local police. The army, National Guard, and other aids can help the State in what ever situation they are in.

State Aid to the National Government- States and their local units of government also aid the National Government in national elections. They also help in naturalization.

Interstate Relations- the Constitution strengthened the hand of the National Government. The Constitution also dealt directly with States’ relationship with one another.

Interstate Compacts- agreements among States and foreign states. Only 26 compacts until 1920 were made in this form.

Full Faith and Credit- respect the validity of - the proving of that will as a judicial proceeding of the State.

Exceptions- Full Faith and Credit Clause are regularly observed and usually operate in a routine way between and among the State. The exceptions are only to civil, not criminal and divorce issues in States.

Extradition- a legal process in which a fugitive from justice in a State is returned to that State from another. Is designed to prevent a person from being able to escape justice by fleeing a State.

Privileges and Immunities- a resident of one State will not be discriminated against unreasonably by another State. Court has never handed down a full list of privileges and immunities.

Ch. 24

Initiative- voters can propose by petition constitutional amendments in 17 States. In 21 States, voters can use the initiative to initiate ordinary statues.

Referendum- a process in which a legislative measure is referred to the State’s voters for final approval or rejection. The different forms are mandatory, optional and popular.

The State Constitutions- each State has a written constitution. The State constitutional is that State’s fundamental law and it distributes power among the various branches of State government.

The Legislature: Structure and Size- the legislature is the lawmaking branch of the State government. It is responsible for translating the public will into the State’s public policy. Size is determined by equalization of legislature power.

The State Legislatures- most of the details of service in each State are alike. But some States share traditions of government that help explain why they are similar.

Qualifications- a representative must be 21 years old and a senator 25. These vary from state to state by they are about the same. Getting elected is based on the ability of the candidate getting votes and campaigning.

Election- voters vote by popular elections to select legislators in every State. Most of the State has elections during the last month of November of even-numbered years.

Terms- they serve either two-years or four-year terms. More than ¼ of the 7,461 State legislators serve their first term in office.

Compensation- some people refuse to run because they do not have the financial support to run for office and stay in office. Some States provide some sort of additional allowances to help with financial burdens while in office.

Legislative Sessions- 42 State legislatures hold annual sessions because legislators cannot handle the legislative workload load by meeting every other year. All 50 governors can call special sessions to allow the lawmaking body to take up urgent matters.

Powers of the Legislature- State constitution does not grant exclusively to the executive or judicial branches. Neither can the US Constitution deny the legislature.

Legislative Powers- pass any law that does not conflict with federal law or with any part of that State’s constitution. Most State constitution do list several import powers like taxing, spending and borrowing, establishing courts, define crimes and provide punishment.

Non-legislative Powers- governor’s can appoint certain officials by approval of the legislature. The two types of non-legislative powers are executive and constituent.

Organization of the Legislature- each State legislature is organized in much the same manner as Congress. So when looking at State legislatures, one will see similarities to Congress.

The Presiding Officers- the lower house in each State elects its own presiding officer or speaker. The senate chooses its own presiding officer. The lieutenant governors are chosen by a vote of the full membership in the legislature.

The Committee System- works like the Congress. They sort out those bills that will reach the floor and when they inform the full chamber on measure they have handled.

The Legislative Process- only a member many introduce a bill in either house in any of the State legislatures. A large number of bills come from public sources, officers and agencies of the State and local governments.

Direct Legislation- States allow voters to take a direct part in lawmaking process. These forms are initiative and referendum.

The Initiative- a certain number of qualified voters must sign initiative petitions to propose law. In a direct, the measure goes directly to the ballot but in indirect; the proposal goes first to the legislature.

The Referendum- mandatory is involved whenever the legislature is required to refer a measure to the voters. Optional is one that the legislature refers to the voters voluntarily. Popular is most often connected with the idea of direct legislation.

The Governorship – This is the chief executive power in each of the 50 states. He/She is usually always the central figure in the government and is usually a well-known national personality

Selecting the Governor – Most people in each state is eligible for governorship. The requirements are: the candidate must be a US citizen, at least 25 or 30 years old (depending on the state), and have residency in that state. There are also informal requirements and they very from state to state. The person must have great charisma and in some states your sex, race, or even religion can effect their vote/selection

Selection – In every state the governor is selected by popular vote. In nearly half the states, the governor and lieutenant governor run as a team. In five states; Arizona, Georgia, Louisiana, Mississippi, and Vermont; only a plurality (plurality means a candidate can win by having just one more vote then the other candidate/s) is needed for election

Term – In 48 states the term of a governor is 4 years, in the other two; New Hampshire and Vermont; the term is only 2 years. In more than half the states 2 terms is the limit a governor can hold in office. In two states; Kentucky and Virginia; the governor can only have one term, stopping them from succeeding themselves.

Succession – This happens when there is a vacancy in the governorship, from anything from death to presidential appointment. When this does happen the state constitution tells what will happen. In 43 states the lieutenant governor steps up. In Maine, New Hampshire, New Jersey, and West Virginia the president of the senate takes his/her place. And in Arizona, Oregon, and Wyoming the office passes to the secretary of the state.

Removal – The governor can be removed from every state except Oregon by impeachment. In 16 states, the voters also have the power to recall a governor.

Compensation – The average salaries of governors is about $90,000. The range is large, anywhere from $55,000 to $135,000. Most states also give the governor a residency, generally called the governor’s mansion, and a more or less generous expense account

The Governor's Executive Powers – The governor is usually referred to as the state’s chief executive. The governor is actually only a part of or the power because he is "the first among equals". However, it is the governor to whom the people look for guidance. The governor is also given some specific powers:

Appointment and Removal – A big part in the governorship is the ability to select and hire loyal assistants. The governor does not have the power to fire other elected officials, and the people to which the governor can hire/fire must first be ok’ed by the senate

Supervisory Powers – The governor must have the ability to manage the people who staff the State’s executive branch. Here again, though, the governor only has limited power, limited by the state constitution and agencies which do not fall under the governor’s power

The Budget – Annually or biannually, the governor makes the state budget. It is then giver to the senate and then it has the power to change the amount of money which is designated to each expenditure, but the governor’s budget has a lot of weight

Military Powers – Each state constitution makes the state government the commander and chief of the state’s militia. The state also has the power to call on and command the National Guard.

The Governor's Legislative Powers – The governor also has important legislative powers. With the governor’s "clout", the governor is also usually viewed as the chief legislator

The Message Power – This is the power to recommend legislation. A strong governor can do much with this power and the governor’s legislation plan is given to lawmakers in a yearly State of the State address

Special Sessions – In every state the governor has the power to call the legislature into special session. This has also been used as a threat by the governor, that is, if the legislators did not pass a bill the governor would call them back for a special session

The Veto Power – Except for North Carolina, the governor in every state has the power to veto measures passed by the legislature. The power to use this against legislation is usually a very big one when the legislator votes on bills

Item veto – In 43 states, the governor has this power. That is, the governor may pass one or more parts but still pass the bill. There is a power for the legislature to overrule a governor’s veto, but in most states it requires a 2/3 majority vote

The Governor's Judicial Powers – The governor has the power to pardon, commute, reprieve, and parole. Pardon is when the criminal is forgiven of their crime/s; commute is the action of reducing a sentence; reprieve postpones the execution of a sentence; and a parole allows the release of a criminal before their sentence is up

Pardon – A pardon is when the criminal is forgiven of their crime/s. In most states a pardon may be full of conditional, and it an only be granted after the sentence has been made

Commute - This is the action of reducing a sentence. An example of this is reducing a death sentence to life imprisonment.

Reprieve - This postpones the execution of a sentence. This can be used by governor’s, this last sentence is just to fill space because there was only that first sentence in the book

Parole – This allows the release of a criminal before their sentence is up. This governor in most states has all the power listed, but in some situations these powers are shared with other boards

Other Executive Officers – As seen, the governor must share their powers with other elected officials. The people selected for these jobs must have many different qualifications

The Lieutenant Governor – Like the Vice President, he/she has very little to do. In most states the lieutenant governor takes the place of the governor in a vacancy and is the head of the senate. There are also seven states that don’t even have a lieutenant governor!

The Security of State – This position exists in every state except Alaska, Hawaii, and Utah. The Security of State is the state’s chief clerk and record-keeper; s/he has great access to a great variety if public documents, records the official acts of the governor and the legislature, and usually administers the election laws.

The Treasurer – The Treasurer is the custodian of the state’s funds, they are the State’s chief tax collector, and regularly the State’s paymaster. His/her main job is to make payments out of the state’s treasury

The Attorney General – This position is usually considered as the state’s lawyer. S/he acts as the legal adviser the state officers and agencies as they perform their factions. Most of the Attorney General’s power comes with his/her interpretation of the constitution and stationary law

County – This is a major part of local government. These are found in all states except Connecticut and Rhode Island. In Louisiana these are also known as parishes and in Alaska, these are known as boroughs. The powers of counties very from region to region but most serve mostly as judicial districts.

Parish – This is Louisiana’s term for counties. That is all a parish is so this sentence is made to be a filler

Borough - A major unit of local government in Alaska, similar to counties in other states. This again is a filler because once more that is all that is all a borough is

Townships - A term used for a subdivision of a county in many states. These are mainly found on the east coast, and they are usually where people settled and needed the services of a local government

Special district – Local unit of government, created to perform, usually, a single public function in a locale school, library district, etc. Most of these special districts were created after the great depression and their numbers are still growing

Common Elements of County Governments – The county governments usually differ greatly. But, most of the county governments consist of a governing body, elected officials, a number of boards, and appointed bureaucrats

The Governing Body – This is usually referred to as the county board. Almost always the members of this board are elected and usually there are two boards they are divided into, the board of commissioners and the boards of supervisors (the supervisors is usually more powerful and is usually larger then the commissioners). The amount of power each part of government has is usually described by the state’s constitution

Elected Officials – Other officials with county wide jurisdiction are the sheriff, the clerk, the assessor, the treasurer, the auditor, the district attorney, the superintendent of schools, and the coroner

Boards or Commissions – Some of the elected persons listed above sometimes have authority over a number of county functions. An example of these are the fair board, a library board, a planning commission, a hospital board, a board of road viewers, a board of health, and; sometimes; a civil service commission

County Bureaucracy – Counties now employ about 2 million people. These people do the day-to-day work of each of the nation’s 3,043 counties.

Functions of Counties – Counties are forced to help enforce the state laws and the states constitution/legislation. Historically counties have been instituted of rural government; they would usually build jails and collect the taxes. As more counties become urbanized many counties take on more rolls like providing water, a sewer system, professionally trained police fire and medical units, and operating airports.

Towns and Townships – Towns can be found in New England, and these are the local government, and take the place of counties. Townships were created where settlements were started and needed the excess to local government; so the settlers would install a township, but townships do not have the powers of a county.

The New England Town - Towns can be found in New England, and these are the local government, and take the place of counties. The government of these towns is a 3 member body which hold town meetings open to the public; these are said to be the best examples of direct democracy.

Special Districts - Local unit of government, created to perform, usually, a single public function in a locale school, library district, etc. Most of these special districts were created after the great depression and their numbers are still growing

Forms of City-Government – There are three major state governments, they include a mayor-council, a commission, or a council-manager.

The Mayor-Council Form – This is the oldest and the most widely used type of city government. It features an elected council and as its legislative body. The council is almost always unicameral and the members of the counsel are popularly elected

Strong-mayor government – In this situation the mayor heads the cities administration, usually has the power to hire and fire employees, and prepares the budget. In other words the mayor is able to exercise strong leadership

Weak-mayor government – In this situation the mayor shares most of his/her power with other elected bodies. The appointments, removals, and the budget are controlled by that body alone.

The Commission Form – The body is made of three to nine elected members, usually 5 elected members, and this form of government is very rare. These members then individually head the different departments of the government; depending on the city either the voters or the commissioners themselves are able to pick which department they head.

The Council-Manager Form – This is a modification of the mayor form of government. It usually has a strong counsel; usually five to seven members who were elected at0large on a nonpartisan ballot a weak mayor; chosen by voters; and a manager; the cities chief administrative officer; named by the counsel

Municipal Function – This is what the city provides, like police and fire departments. Most cities also manage public housing projects, clear slums, provide summer youth camps, build and operate docks and other harbor facilities, and maintain tourist attractions

City Planning - Most cities in the United States are built without planning. With the population growing though, the need for planning has been seen, and more cities are beginning to plan for future growth

Planning Growth With the population growing, the need for planning has been seen and more cities are beginning to plan for future growth Many cities are also planning out changes and refurbishing projects to help the cities run smoother

City Zoning – This is when a portion of land is divided into certain districts where only certain things, like houses, can be built. Most cities are divided up into residential, commercial, and industrial zones.

Zoning - Most cities are divided up into residential, commercial, and industrial zones. Zoning can even divide zoned portions of land; an example is a zone for apartments only and another for single-family residence, all in one residential zone

Suburbanites – These areas offered more room; cheaper land; less smoke, dirt, noise, and congestion; and more privacy. That is until a huge shift started in the late 1940’s, of families moving from urban areas to the suburbs, 115 million people moved! This sharp increase in population has put a lot of pressure on the city, with many needs like better education

Metropolitan Areas – This is the inner city and the areas around them. To help relieve the stress the population has put on the suburbs, the metropolitan areas have, in vane, tried to merge with the suburb areas and offer better protection and schooling.

Ch. 5 & 6 "The Political Process"

Ch. 5

Political party- defined as a group of persons who seek to control government through the winning of elections and the holding of public office. This is a broad definition but it will fit any political party.

Major parties- the dominant political parties in the United States. These are the Republican and Democratic Parties.

Coalition- a union of many people of diverse interests who have come together to get their candidates elected to public office. Each of them includes within its ranks a substantial share of nearly every economic, racial, etc group.

The Nominating Function- the major function of a political party is to nominate a candidate for public office. It is almost exclusively a party function in this country.

The Informer-Stimulator Function- informs the people and stimulates their interest and participation in public affairs. They do this by taking stands on issues and criticizing the other candidates and stands of their opponents.

The "Seal of Approval" Function- a "bonding agent" to ensure the good performance of its candidates and officeholders. Look for people qualified and of good character.

The Governmental Function- public officeholders are regularly chosen on the basis of political party. They also provide a basis for the conduct of government.

The Watchdog Function- the function of the party out of power to criticize the policies and behavior of the party in power. The party out of power attempts to convince the voters that they should "throw the rascals out".

Minor party- one of the less widely supported parties in the political system. These include Green Party, Libertarian, Independent and others like them.

Two-party system- the two major parties dominate American politics. These are normally the Democratic and Republicans.

Reasons for the Two-Party System- most local communities have a dominant party that will always win but it is still considered a two-party system. But throughout the American political history, this has always been a two-party system.

The Historical Basis- the Framers of the Constitution were opposed to political parties. But with the ratification of the Constitution, political parties emerged.

The Force of Tradition- most Americans accept the idea of a two-party system simply because there has always been one. Human institutions are likely to become "self-perpetuating."

The Electoral System- all elections held in the country are single-member districts elections. They also have winner-take-all elections where one candidate receives almost all the votes.

Single member district- they are contest in which only one candidate is elected to each office on the ballot. Works to discourage minor parties from winning.

Plurality- the largest number of votes cast for the office. It does not need a majority.

The American Ideological Consensus- it has given the nation two major parties that look very much alike. People by nature are ideological when they want something.

Multiparty- a system in which several major and many lesser parties exist. The various parties are each based on some particular interest.

One-party system- a "no-party" system. This is the closest thing to dictatorship because the one party always wins.

Membership of Parties- it is purely voluntary. In order of the party to get votes they try to attract people with issues and ideas they believe in and what they want the people to believe in.

The Nation's First Parties- the Federalists and the Anti-Federalists. The most common issue they argued on was the ratification of the Constitution, which the Federalists won.

The Eras of One-Party Domination- the struggle for political power has started since the beginning. For the first 60 years, the Democrats won and then the next 75 years was the Republican Party. After that, both have switched being in power occurring to economy and war.

The Era of Democrats 1800-1860- the day Jefferson was elected president of the United States, the start of the Democratic domination. These lasted until the Civil War when Republican Abraham Lincoln broke the 60-year domination

The Era of Republicans 1860-1932- the Civil War helped the Republicans tell the US citizens that they were the political party for war. Because most of the Democrats were Southern plantation owners, the Republicans started its 75-year of politics.

Electorate- the people eligible to vote. This helped the Republicans maintain the role in political power for another three decades.

The Return of the Democrats 1932-1968- with the beginning of the Great Depression, Americans needed a strong political party to get them back into the war. With the election of Franklin Roosevelt, the Democrats came back into the political arena.

The Start of a New Era- Richard Nixon, republican, was elected because of the conflicts in the Democratic Party. After his presidency, the Republican and Democratic Party fought for presidency and there as never been a dominant power in the presidency.

Minor Parties in the United States- some have limited their efforts to a particular locale and other to a single State. Some of these parties are created because of economical, single-issue, and ideological or splinter reasons.

Ideological parties- those based on a particular set of beliefs, a comprehensive view of social, economic and political matters. These parties include Marxist, Socialist and Socialist Labor and most importantly the Communist Party.

Single-issue parties- those concentrating on a single public policy matter. These include the "Know Nothing", Free Soil and Right to Life party.

Economic protest parties- those rooted in periods of economic discontent. They have proclaimed their disgust with the major parties, demanding better times and focused their anger on such real or imagined enemies as the monetary system.

Splinter parties- those that have split away from one of the major parties. Some examples are those from the Republican like the "Bill Moose" and Progressive Party.

The Key Role of Minor Parties- most Americans do not support them, minor parties have nonetheless had an impact on American politics and on the majority parties. They give the American people an issue and see what the majority parties say about them.

The Reality of Political Parties- neither party is there a chain of command running form the national through the State to local level. All political parties in reality are very disorganized, disjointed, fragmented and argue.

The Role of the Presidency- is usually more solidly united and more cohesively organized than is the opposition. The President is automatically the party leader and uses his power to make appointments to federal office.

The Impact of Federalism- the major reason for the decentralized nature to the majority parties. Because the governmental system is decentralized, the major parties are also.

The Role of the Nominating Process- nominating process is also a major cause of party decentralization. The candidate is first nominated with the party and then they fight over a nomination.

National Party Machinery- there is four elements in the structure of both major parties at the national level. They are national convention, committee, chairperson and campaign committee.

The National Convention- described as the party’s national voice. It also performs some other functions including adoption of party rules and writing of its platform.

The National Committee- the party’s affairs are handled, at least in theory, by the national, committee and by the national chairperson. They are chosen by the party organization in each State and several of the territories.

The National Chairperson- heads up the national committee. Is chosen to a four-year term by the national, committee.

The Congressional Campaign Committees- work to reelect incumbents and to save the seats given up by retiring party members. Take a hand in some campaigns to unseat incumbents in the other party.

The State Organization- the chairperson and central committee work to further the party’s interests in the State. They attempt to do so by building an effective organization and party unity, finding candidates and campaign funds, etc.

Local Organization- varies so widely that they nearly defy even a brief description. They follow the electoral map of the State, with a party unit for each district in which elective offices are to be filled.

Ward- is a unit into which cities are often divided for the elections of city council members. That is what a ward is, so there.

Precinct – This is the smallest unit of election administration. The voters in each precinct report to one polling place. In most larger cities a party’s origination is further broken down by residential blocks ad sometimes even apartment buildings

The Three Elements of the Party:

  1. The party organization: the leaders, the activists, and the hanger-on who controls and run the party machinery
  2. The party in the electorate: the party’s loyalists who vote the straight party ticket usually vote for its candidates
  3. The party in government: the party’s office holders at all levels of government

The Future of the Major Parties – Today in America, parties are viewed as an essential part of the government, or a necessary evil. Most people sway between parties as new ideas are passed through them. Since the 1960’s the party system have been in sharp decline and many think the system is on the collapse.

Split-ticket voting – This is when people vote for people in different parties in different offices. This has been a contributing factor to the decline of the party system.

Ch. 6

The History of Voting Rights – Voting was first instituted in the United States in 1789 with the passing of the constitution. But the constitution, at that time, only allowed white landowning males to vote, leaving out many people from voting

Suffrage (franchise) – This is the right to vote. Throughout America’s changing history, the right too vote has been given to many more than just white land-owning males.

Electorate – This means the potential voting population. Today, there is about 200 million people who are allowed to vote.

The Five Stages – These where the 5 major events which helped widen the amount of people who had suffrage:

  1. In the early 1800’s, religious qualifications, born in colonial days, quickly disappeared, all states stopped religion tests by 1810
  2. After the civil war, the 15th amendment was ratified, 1870. This was made to try to help African Americans have the right to vote
  3. The ratification of the 19th amendment, 1920, gave suffrage to women
  4. In 1960, a court finally gave all African Americans the right to vote and it was included in the 23rd amendment. Also in 1964, the poll taxes were removed with the 24th amendment
  5. In 1971, the 26th amendment was passed which made it impossible for a state to set the minimum age to vote above 18

The Power to Set Voting Qualifications – The congress has set standards for people to allow them to vote, and the state can add qualifications as long is it does not disallow: any person who votes for members of the "most numerous branch" must also have the option to vote for representatives for senators for congress; many not be singled out for sex, religion, color, race, or previous condition of servitude; may not make the voters pay taxes; or deprive any person who is of the age or over 18 to vote.

Citizenship – Many aliens vote in the elections. It is said nowhere in the constitution that aliens may not. Minnesota is the only state to require that a person be an American citizen for at least 3 months before they can vote

Residence – Most states want the people who are voting to have time to see the problems of the state and the candidates. In most states a person must live there for a set amount of time before voting, this is also done to stop outside voters from voting

Age – In 1970 a bill passed allowing people to vote at the age of 18. Though some states are now starting to allow 17 year old to vote

Other Qualifications – All states except Nebraska require people to register to be able to vote.

Registration – This is a process of voter identification, intended to prevent fraudulent voting. It also gives election officials a list stating all of the qualified voters

Literacy – No state today disallows people who cannot read to vote in any elections. The act that made this possible was put in action in 1970 with the Voting Rights Act Amendments

Poll tax – This was a tax payment in some states that a person had to pay in order to vote. Also property tax was a major item required for suffrage in many states is now banned because of the 24th Amendment

Who May Not Vote - All states disallow some people from voting. They include people who are found to be mentally unable to vote, a person who was guilty of a major crime, and anyone who was dishonorably discharged from the armed forces

The 15th Amendment – This was ratified in 1870 and it declared the right to vote to every race, color, or anyone who previously was in servitude.

Gerrymandering – This is the practice of drawing lines of electoral districts in order to limit the voting strength of a particular

The Civil Rights Acts of 1957 and 1960 – In 1957 the United States Civil Rights Commission was set up to inquire into reports of voter discrimination.

Injunctions – These are also known as federal court orders meant to prevent interference with any person’s right to vote in federal elections

The Civil Rights Acts of 1964 – This outlaws the discrimination in several areas, especially in the job-related matters. This also forbids the use of any registration requirement in an unfair or discriminatory manner

The Voting Rights Act of 1965 and Its Amendments – This finally made the 15th Amendment truly effective. This expanded voting rights to all levels of elections. It has also been expanded but voting right Amendments 3 times, n 1970, 1975, and 1982.

The Size of the Problem – There are many people who do not vote in elections. In the 1996 presidential election, 48.8% of people allowed to vote actually did, in the 1996 House of Representative vote only 40% voted.

Little-Recognized Aspects of the Problem – The biggest problem in ballot voting is that some people do not fill out the entire ballot. This is also known as ballot fatigue, a phenomenon where the offices further down the ballot are not voted for as much as the ones on the top

Why People do Not Vote – Why do we have so many nonvoters? Why, even in a presidential election, do nearly half of all those who could vote stay away from the polls?

Cannot Voters – These voters can also be named nonvoters. The list include aliens who have been bared from the polls, people who where injured or very sick, and other who traveled unexpectedly could not vote

Actual Nonvoters – These people can vote but decide not to. Most decide not to because they are convinced their vote would not effect the election. Others think that politics is useless and that thing will continue in that same state no matter what

Political efficacy – This is when a person lacks any sense of their own influence or effectiveness in politics. They think they have been squeezed out of the political system; that the system of control has been taken by the media and big business.

Factors Affecting Turnout – Another major factor to elector turnout is income, education, and occupational statues. The people who have higher levels of these usually vote for the same party and feel like they were not pressured into voting.

The Study of Voting Behavior – There are many people who do not vote but of the people who do vote, why do they and how do they act?

Political socialization – This is the process by which people gain their political attitudes and opinions. This process usually begins in early childhood, the process is usually effects by experiences and relationships that lead people to see the political world

Factors that Influence Voters – Leading influences in voting are a voter’s personal characteristics like age, race, income, occupation, education, religion, etc; a voter’s group affiliation, family co-workers, friends, etc; and also the voter’s perception of politics.

The Sociological Factors – Some examples of this is college graduates are more likely to vote Republican and most people over the age of 50 are more likely to vote Democratic

Income Occupation – The people in the upper middle to high-income branches are more likely to vote Republican while the other vote Democratic. This can also include people in higher braches of their job, like store owner/manager will go Republican

Education – Most high school and college graduates vote Republican and other who went through grade school go Democratic.

Genders, Age – Men to women ratios for voting do not vary greatly from Democratic to Republican, unless there are major issues of war and stock market. Also it is found that younger voters vote Democratic while older people vote GOP, or for the party which looks most promising.

Religious, Ethnic Background – It has been found that most Northern Protestants go GOP and most Jews and Catholics go Democratically

Geography - After the Civil most southerners voted Democratic. Over time Maine, Vermont, Kansas, Nebraska, and the Dakotas almost always go Republican

Family, Other Group Affiliations – In most families the trends of voting are usually passed down through the generations

The Psychological Factors – To see the exact reasons why people vote the way they do you have to look past their race, color, ethnicities, etc and look at how they react to party policies and the issues of election

Party Identification Early in life most people identify themselves to a specific party. Many of these people never change

Straight ticket voting – This is the term used for people who vote for people; for the presidency, congress, house of representative, etc; in the same party as the voter is in no matter their campaign or what they stand for

Split ticket voting – This is the term used to describe people who vote for more than one party

Candidates and Issues – A large part in winning an election though is your appearance and what you support. In the 1996 election Bill Clinton was able to steal 13% of the regular Republican from Bob Dole because his campaign was better and the issues where better addressed

Ch. 20 & 21 "The Administrations of Justice"

Ch. 20

Procedural and Substantive Due Process- government must act fairly and in accord with established rules. The Supreme Court has consistently refused to give this process an exact definition.

Examples of Procedural and Substantive Due Process- the Rochin v. California in 1952 is one of them. Rochin was suspected over being a narcotics pusher and police broke into his house. The Supreme Court called violation of the 14th Amendment.

The 14th Amendment and the Bill of Rights- Bill of Rights apply only to actions of the Federal Government. The Supreme Court has held that most of the rights are to protect against the actions by the State.

Due Process and the Police Power- this is the power of each State to act to protect and promote the public health, safety, morals and general welfare. Police are only allowed to search a house with a search warrant.

Search warrants- a court order authorizing a search. Without one of these, police are not allowed to search houses.

Right of Privacy- the constitutional guarantees of due process create a right of privacy. The Supreme Court does not mention this but is evident in the Stanley v. Georgia case in 1969.

Abortion- the most controversial applications of the right of privacy. In the Roe v. Wade, the court decided that is was the "woman’s decision whether or not to terminate her pregnancy."

Freedom and Security of the Person- more than three dozen individual liberties are protected by the Constitution. Several of those guarantees protect the right of each person to be free from physical restraint and reasonably security.

Slavery and Involuntary Servitude- The 13th Amendment- the 13th Amendment was added to the Constitution in 1865 ending the 200 years of slavery. Each State could decide for itself whether to have slavery or nor until the 13th Amendment.

Right to Keep and Bear Arms- the 2nd Amendment is widely misunderstood because it was used to protect the right of each State to keep a militia. The Court never found anything wrong with the 2nd Amendment and made each State limit the right to keep and bear arms.

Security of Home and Person- the 3rd and 4th Amendments, exclusionary rule and wiretapping all help protect US citizens. These were instituted to protect citizens and to reassure

The 3rd Amendment- forbids the quartering of soldiers in private homes. Also prohibits the practice in time of war except "in a manner to be prescribed by law."

The 4th Amendment- was designed to prevent the use of writs of assistance. Search warrants must be given for the police to search your home.

Probable cause- reasonable ground, a good basis for the belief that something is true. These works when trying to prove a criminal guilty of a crime.

Automobiles- the Court has recently held that police can stop automobiles at roadside checkpoints to examine a driver for intoxication. The Supreme Court has had a hard time trying to apply the 4th Amendment to automobiles.

The Exclusionary Rule- evidence gained as the result of an illegal act by police cannot be used in the federal courts. If police find something when searching a house, they cannot move it or it will be ruled out of the court decisions verdict.

Wiretapping- use this and other sophisticated devices as a way to bug a room. The Supreme Court has went back and forth with this issue and stated that they can be used only if the police has a proper warrant before installing the device.

Habeas Corpus- intended to prevent unjust arrests and imprisonment. It is a court order directed to an officer holding a prisoner.

Bill of attainder- is a legislative act that inflicts punishment without a court trial. Neither Congress nor the States can pass such measures.

Ex post facto law- it is a criminal law providing for punishment, applied to an act committed before its passage and a law that works to the disadvantage of the accused. For example, the law making it a crime to sell marijuana cannot be applied to one who sold it before that law was passed.

Grand jury- is the formal device by which a person can be accused of a serious crime. It is a body of from 16 to 23 persons drawn from the area of the federal district court that it serves.

Indictment- is a formal complaint laid before a grand jury by the prosecutor. It charges the accused with one or more crimes.

Presentment- is a formal accusation brought by the grand jury on its own motion rather than that of the prosecutor. It is little used in federal courts.

Information- an affidavit in which the prosecutor swears that there is enough evidence to justify a trial. Most criminal charges are not brought by grand jury but b information.

Double jeopardy- that once a person has been tried for a crime, he or she cannot be tried again for that same crime. This is stated in the 5th Amendment.

Speedy Trial- is meant to ensure that the government will try a person accused of a crime in a reasonable time. The Speedy Trial Act of 1974 says that the time between the arrest and trial cannot be more than 100 days.

Public Trial- 6th Amendment says that a speedy trial must also be a public trial. A judge can limit both the number and the kinds of spectators who may be present at a trial.

Trial by Jury- the 6th Amendment says that a person accused of a federal crime must be tried "by an impartial jury." They are sometimes called the petit jury, meaning small.

Bench trial- the judge alone hears the case. The judge also sets the punishment and the verdict.

Right to an Adequate Defense- every person accused of a crime has the right to offer the best possible defense. If the State fails to honor this, the accused can appeal a conviction on grounds that the 14th Amendment’s Due Process of Law was violated.

Self Incrimination- guarantee against self-incrimination is protected by the 5th Amendment. It must be protected in both State and Federal Courts. This is a personal right.

Miranda Rule- would not uphold convictions in any cases in which suspects had not been told of their constitutional rights before police questioned them. Some police disapprove of it because it puts criminals back on the streets and others applaud it.

Rights of the Accused: Punishment- is it right from "ten guilty persons to go free than one innocent person be punished?" The Constitutions provides the 8th Amendment to answer specific questions like this.

Excessive Bail, Fines- it is a sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time. The Constitution, though, does not say that all persons accused of crime are automatically entitled to bail.

Bail- a sum of money to get out of jail. Courts use this after a certain amount of time in jail.

Preventive Detention- the 1984 Congress provided for the "preventive detention" of some person accused of committing federal crimes. Critics of the law claim that preventive detention really amounts to punishment before trial.

Cruel and Unusual Punishment-the 8th Amendment forbids "cruel and unusual punishment". For example, a Utah territorial court had sentenced a convicted murder to death by a firing squad. The Court ruled that it was not forbidden by the Constitution and it only applies to things like crucifixion and quartering.

Capital Punishment- for years the Supreme Court was reluctant to face that highly charged issue of the death penalty. A State can impose the death penalty only for "crimes resulting in the death of the victims."

Treason- is the only crime that is defined in the Constitution. It covers all American citizens, at home or abroad and all permanent resident aliens.

Ch. 21

Diversity and Discrimination in American Society- people of the United States are heterogeneous. Heteros meaning different and genos meaning race.

A Heterogeneous Population- the population of the United States is predominantly white. Today, the ethnic composition of the population is different because there are more ethnics groups in the United States.

Discrimination- the white-male-dominated power structure has also been slow for years. Americans have been reluctant to yield to nonwhite Americans in economy, political life and social.

African Americans- they constitute by far the largest minority group in the United States. Have been victims of consistently and deliberately unjust treatment for a longer time than any other group.

Native Americans- the first to be discriminated by the white settlers from Europe. They brought disease that wiped out there populations and converted them or killed them if they didn’t.

Reservations- public lands set aside by a government for use by Native American groups. When visiting one, you will find that they are really trashy and dirty.

Asian Americans

Hispanic Americans

Refugee

Discrimination Against Women

Equality Before the Law

The Equal Protection Clause

Reasonable Classification

The Rational Basis Test

The Strict Scrutiny Test

Segregation in America

Jim Crow Laws

The Separate but-equal Doctrine

Brown v. Board of Education of Topeka 1954

De Jure and De Facto Segregation

De Facto segregation

Segregation in Other Fields

Classification by Sex

Federal Civil Rights Laws

Civil Rights: Reconstruction to Today

The Civil Rights Act of 1964

The Civil Rights Act of 1968

Affirmative Action

Quotas

Reverse Discrimination

The Bakke Case

Later Cases

Recent Developments

The Adrand Case

The Question of Citizenship

Citizenship by Birth

Jus soli

Jus san-guinis

Jus Sanguinis

Citizenship by Naturalization

Individual Naturalization

Aliens

Collection Naturalization

Expatriation

Denaturalization

A Nation of Immigrants

The Regulation of Immigration

Present Immigration Policies

Deportation

Undocumented Aliens

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