The Judicial Branch of The United States Government
-The Judicial branch of the United States government is comprised of every court in the nation from the lowest Justice of the Peace and magistrate’s offices to the Supreme Court.
-There are two basic levels of courts in the United States:
*Federal Courts: These courts derive their powers directly from the US Constitution and from federal laws.
*State Courts: These courts derive their powers from State Constitutions and State laws
-This two level system that we employ in the US is often called the dual court system.
-Jurisdiction: The authority of a court to hear a case.
-In our dual court system, State courts have the authority to hear cases that involve State laws or a state’s constitution. The vast majority of court cases in the US are in the jurisdiction of State courts.
-Federal courts have jurisdiction in cases that involve Federal law, treaties with foreign nations, interpretations of the US Constitution, ambassadors and other representatives of foreign governments, two or more state governments, the United States Government, a state and a citizen of another state, and a state or its citizens and a foreign nation or its citizens.
-It is possible for State courts and Federal courts to both have jurisdiction in a case at the same time, this is called concurrent jurisdiction.
-Original Jurisdiction: This type of jurisdiction belongs to the court that hears a case first, usually a trial court.
-Appellate Jurisdiction: When someone loses a case in a trial court they have the right to appeal the verdict to a higher court. The court that hears the appeal has what is called Appellate Jurisdiction.
Federal Court Jurisdiction
*Federal courts deal with three types of law: civil law, criminal law, and constitutional law.
-Civil Law: Settles disputes between two or more individuals or between individuals and the government. (In law, the term individual refers to not only an individual person, but also to businesses and other organizations.)
-Plaintiff: the individual who brings charges in a civil suit.
-Defendant: the individual whom the suit is brought against
in a civil case.
-In civil cases individuals sue for two purposes, to try to collect monetary damages, or to prevent harmful action from taking place.
-Cases that try to prevent harmful action from taking place are cases that deal with what is called equity law. Equity law is a system of rules by which disputes are resolved on the grounds of fairness.
-In equity law cases plaintiffs ask the court to issue orders that forbid defendants from taking or continuing certain actions. These orders are called injunctions.
-Criminal Law: In a federal criminal law case the US Government charges an individual with breaking a federal law. The individual who is charged with the crime in a criminal law case is called a defendant; the federal government is the prosecutor. The most common federal crimes that are committed are bank robbery, tax evasion, mail fraud, kidnapping, and drug dealing.
-Constitutional Law: Federal courts hear cases that relate to the meaning and application of the United States Constitution. Constitutional law cases can deal with either civil law or criminal law cases. Whereas civil law cases and criminal law cases can be heard in either State or Federal courts depending on the jurisdiction, Constitutional law cases can only be heard in federal courts.
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Legal System Principles
-There are 4 basic principles that underlie the Judicial Branch of our government. These principles are equal justice under the law, due process of law, the adversary system, and presumption of innocence.
-Equal Justice Under the Law: Refers to the goal of the American legal system to treat all people alike regardless of race, wealth, social status, gender, or age. The 5th, 6th, 7th, 8th, and 14th Amendments guarantee equal justice under the law.
-Due Process of Law: This means that all laws must be applied equally to all people. Due process of law is defined and guaranteed in the 5th and 14th Amendments.
-The Adversary System: Our legal system is set up in a way that basically turns court cases into competitions between lawyers for the defense and lawyers for the plaintiff or prosecution with a judge basically acting as a referee.
-Presumption of Innocence: All defendants in court cases in the United States must be viewed as being innocent of the crimes that they are charged with until they are found guilty in court of the crimes. It is the responsibility of the prosecution to prove the defendant guilty. If the prosecution can not prove a defendant guilty beyond the shadow of a doubt, regardless of how much evidence they may have against the defendant, the defendant must be found innocent.
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Lower Federal Courts
Congress has the Constitutional power to establish federal courts in the United States. Congress has established federal courts on all levels. The most numerous federal courts that have been established are called District Courts; these are the lowest level federal courts in the United States.
-Federal District Courts: These are the basic trial courts in federal court system for both criminal and civil cases. The United States is currently divided into 91judicial districts. Each state must have at least one federal judicial district; some of the larger states such as California, New York, and Texas have up to 4 federal judicial districts. There are currently close to 600 federal district court judges working in the federal court system today. Each of these judges are appointed for life by the President.
-District Courts use 2 types of juries in criminal cases; Grand Juries, and Petit Juries.
-Grand Jury: Made up of 16-23 people. These people
decide whether there is enough evidence against a person
accused of a crime to hold that person over for trial. If
they decide there is enough evidence they issue an
indictment which is a formal accusation charging a person
with a crime.
-Petit Jury: Made up of 6, 9, or 12 people. This is a trial
jury in civil and criminal cases. Their job is to weigh the
evidence in a case and render a verdict. In criminal cases
a jury will rule either guilty or innocent. In a civil case a
jury will rule either in favor of the plaintiff or the
defendant.
Federal Officers of the Court
In addition to district judges, the federal judicial districts have other officers that help the courts run.
-United States Attorney: Each district has a US Attorney’s office. The job of the US Attorney’s office is to represent the US government in all civil cases involving the federal government, and to prosecute the accused in all federal criminal cases. Each districts US Attorney is appointed by the President.
-United States Magistrate: Issues federal arrest warrants, search warrants, and helps decide whether an arrested person should be held for a grand jury hearing. The US Magistrate is appointed by the President.
-United States Marshall: The US Marshall’s office executes warrants, makes federal arrests, secures jurors for federal cases, and insures order is kept in federal courtrooms. The US Marshall is appointed by the President.
Other Federal Courts
Besides the District Courts, the United States Judicial Branch employs other courts for different reasons.
-Federal Circuit Court of Appeals: The United States is divided into 12 federal judicial circuits with one court of appeals for each circuit. There is a 13th court that has national jurisdiction and that usually handles very serious cases. The job of these courts is simply to hear appeals cases of other federal courts. A panel of at least three judges hears and decides all federal appeals. The appeals court has the power to make one of three decisions: reverse the original decision, uphold the original decision, or order the case to be sent back to lower court for a re-trial. All together there are 13 Federal Courts of Appeals. The decisions made by all 13 of these courts are final decisions unless they are appealed to, and accepted by the US Supreme Court, making these courts the second highest courts in the United States.
-US Circuit Court of Appeals for the Federal Circuit: This is a special court of appeals with national jurisdiction. This court is set up to hear appeals brought to it by the US Claims Court, the Court of International Trade, the US Patent Office, and several federal agencies.
-The Court of International Trade: This court has original jurisdiction over cases that deal with international tariffs. The US Circuit Court of Appeals for the Federal Circuit hears all appeals from this court.
-United States Claims Court: This court has original jurisdiction over cases that deal with lawsuits against the Federal government. US Circuit Court of Appeals for the Federal Circuit hears all appeals from this court.
-United States Tax Court: This court has original jurisdiction over all cases that deal with federal taxes. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-US Bankruptcy Court: Each federal judicial district has a special court set up to hear and decide bankruptcy cases. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-The Court of Military Appeals: This court hears appeals cases involving members of the US Armed Forces convicted of a crime. The US Supreme Court hears appeals from this court.
-Territorial Courts: These courts hear federal civil and criminal cases in the US Territories of The Virgin Islands, Guam, the Northern Marianas Islands, American Samoa, and Puerto Rico. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-Courts of the District of Columbia: Since Washington DC is a federal district; all local courts in that city are part of the federal judicial system. One of the 12 US Circuit Court of Appeals hears appeals from these courts.
The Supreme Court Of The United States of America
-The Supreme Court is the highest court in the land. It has final authority in any case involving the Constitution, acts of Congress, and treaties with other nations.
-Most of the cases the Supreme Court hears are appeals from lower courts making the Supreme Court mostly an appellate court. The decisions of the Supreme Court are binding on all lower courts.
-The Supreme Court has original jurisdiction in cases involving representatives of foreign governments, and in certain cases where one of the States is a party (usually in lawsuits where one state is suing another state.)
-Many cases are appealed to the Supreme Court, too many for the Court to actually hear. The Supreme Court has the luxury of choosing which cases it will hear. The court chooses what cases it will hear based primarily on the case’s importance to the Constitution of the United States.
-The decisions of the Supreme Court are final and cannot be overturned by any other court, Congress, or the President. There are only two ways to change a Supreme Court decision.
-Supreme Court decisions can be overturned by other Supreme Court decisions.
-An amendment to the Constitution can overturn a Supreme Court Decision.
-In order to be a Supreme Court Justice one must be a citizen of the United States, be appointed by the President, and have the appointment confirmed by the US Senate.
-The Supreme Court is made up of a Chief Justice, and eight Associate Justices for a total of 9 justices.
-Currently the Chief Justice of the Supreme Court is John Roberts. In addition to the normal duties of a Supreme Court Justice the Chief Justice also presides over the Supreme Court, and acts as the chief administrator of the nations court system
-The current Associate Justices of the Supreme Court are Anthony Kennedy, Samuel Alito, David Souter, Ruth Bader Ginsburg, Clarence Thomas, Antonin Scalia, Stephen Bryer, and John Paul Stevens. The duties of Supreme Court Justices include deciding which cases to hear each session, making decisions on the cases the court hears, and each Justice is assigned one of the 12 Circuit Courts of Appeal to preside over (3 Justices preside over 2 Circuits.)
-Whenever a decision is made by the Supreme Court, one or more of the Justices writes what is called an opinion. There are two types of opinions.
-Majority Opinion: This is an explanation of why the
Court voted the way that it did in a case. The Majority
Opinion is written by one of the justices that voted with
the majority. If the Chief Justice is in the majority he
will either write the opinion himself or assign the opinion
to one of the Associate Justices; if the Chief Justice is not
in the majority the longest serving Associate Justice in
the majority will determine who writes it.
-Dissenting Opinion: This is an explanation of why the
members of the Court who voted against the decision
voted that way. The Dissenting Opinion is written by
one of the justices that voted against the decision. If the
Chief Justice is one of the dissenters he will either write
the opinion himself or assign the opinion to one of the
Associate Justices; if the Chief Justice is not a dissenter the longest serving Associate Justice who dissents will determine who writes it.
MARBURY v. MADISON (1803)
In Marbury v. Madison, the U.S. Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution.
During the first two administrations, President George Washington and President John Adams appointed only Federalist Party members to administration and judiciary positions. When Thomas Jefferson won the 1800 election, President Adams, a Federalist, proceeded to rapidly fill the judiciary bench with members of his own party, who would serve for life during "good behavior." In response, Jeffersonian Republicans repealed the Judiciary Act of 1800, which had created several new judgeships and circuit courts with Federalist judges, and threatened impeachment if the Supreme Court overturned the repeal statute.
Although President Adams attempted to fill the vacancies prior to the end of his term, he had not delivered a number of commissions. Thus, when Jefferson became President, he refused to honor the last-minute appointments of President John Adams. As a result, William Marbury, one of those appointees, sued James Madison, the new Secretary of State, and asked the Supreme Court to order the delivery of his commission as a justice of the peace.
The new chief justice, John Marshall, understood that if the Supreme Court issued a writ of mandamus (i.e., an order to force Madison to deliver the commission), the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law. Instead, Marshall found a common ground where the Court could chastise the Jeffersonians for their actions while enhancing the Supreme Court's power. His decision in this case has often been hailed as a judicial tour de force.
Basically, he declared that Madison should have delivered the commission to Marbury; however, he ruled that the Court lacked the power to issue writs of mandamus. While a section of the Judiciary Act of 1789 granted the Court the power to issue writs of mandamus, the Court ruled that this exceeded the authority allotted the Court under Article III of the Constitution and was therefore null and void. So, while the case limited the court's power in one sense, it greatly enhanced it in another by ultimately establishing the court's power to declare acts of Congress unconstitutional. Just as important, it emphasized that the Constitution is the supreme law of the land and that the Supreme Court is the arbiter and final authority of the Constitution. As a result of this court ruling, the Supreme Court became an equal partner in the government.
DRED SCOTT v. SANFORD (1857):
Dred Scott, a slave, was taken by his owner, Sanford, into northern federal territory. Scott felt that he was free because of the Missouri Compromise of 1820, which excluded slavery from specified portions of United States territories. When he came back to Missouri, Scott sued his owner for his freedom. The Supreme Court of the United States ruled that slaves were property, not citizens and, therefore, Dred Scott was not entitled to use the courts. The Court also said that Congress had no power to prohibit slavery in the territory and that the Missouri Compromise was unconstitutional.
PLESSY v. FERGUSON (1896):
Plessy purchased a first class ticket on the East Louisiana Railway. Plessy, who was racially mixed (one-eighth black and seven-eighths Caucasian), was a United States citizen and a resident of the state of Louisiana. He took a seat in the coach where only whites were permitted to sit. He was told by the conductor to leave the coach and to find another seat on the train where non-whites were permitted to sit. Plessy did not move and was ejected by force from the train. Plessy was sent to jail for violating the Louisiana Act of 1890, which required railway companies to provide “separate but equal” accommodations for white and black races. Plessy argued that this law was unconstitutional. The Supreme Court of the United States held that the Louisiana Act, which stated that “all railway companies were to provide equal but separate accommodations for white and black races” did not violate the Constitution. The law did not violate the Fourteenth Amendment, which gave all blacks citizenship, and forbade states from passing any laws which would deprive blacks of their constitutional rights. The Court believed that “separate but equal” was the most reasonable approach considering the social prejudices which prevailed at the time.
BROWN v. BOARD OF EDUCATION (1954)
On May 17, 1954, the United States Supreme Court handed down a landmark decision on segregation in public elementary schools. That case, which consolidated a number of matters on appeal from Kansas, South Carolina, Virginia and Delaware, was titled Brown v. Board of Education. Like in Sweatt and McLaurin, the Court here considered criteria beyond the physical facilities and other tangible assets of black and white schools. So, even if the black schools and white schools had substantially equal buildings, curricula, classroom materials, teacher qualifications and salaries, the separate schools still possibly did not offer equal educational opportunities. Turning to the effect of segregation on school children, the Court noted that to separate black children from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
In the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.
This sense of inferiority affects their motivation to learn and, thus, has a tendency to retard their educational and mental development and to deprive them of some of the benefits they would receive in a racially integrated school system. The Court then held that segregation in public schools was unconstitutional and rejected any language in Plessy that ran contrary to this. So, in this century of change, people once enslaved were unshackled and set free. People once isolated were integrated into society. People once looked down upon returned to lead. And, these leaders guided not just themselves but the entire nation to a better place. A place where people have never been freer. A place where justice has never been fairer. And, a place where the promise of America has never been finer.
ROE v. WADE (1973)
Facts:
A Texas woman sought to terminate her pregnancy. However, a Texas law made it a crime to procure or attempt an abortion except when the mother’s life would be in danger if she remained pregnant. Ms. Roe challenged the Texas law on the grounds that the law violated her right of personal liberty given in the Fourteenth Amendment and her right to privacy protected by the Bill of Rights.
Issue:
Whether state law which bans or regulates abortion violates a woman’s right to privacy or personal choice in matters of family decisions or marriage.
Opinion:
The Supreme Court of the United States decided that states could regulate abortions only in certain circumstances but otherwise women did have a right to privacy and reproductive autonomy. The Court divided a woman’s pregnancy into three time periods: 1) during the first trimester (the first three months of pregnancy), states may not interfere with a woman’s decision to have an abortion; 2) during the second trimester, states could regulate abortions, but only if such regulation was reasonably related to the mother’s health; and, 3) during the third trimester, which occurs after the fetus (unborn child) reaches viability (the stage at which it can survive outside the mother’s body), states may regulate absolutely and ban abortions altogether in order to protect the unborn child. The woman’s right to privacy was held to be a fundamental right which could only be denied if a compelling state interest existed. Once the fetus reaches a “viable” stage of development, such a compelling point is reached because the unborn child is now given constitutional protection.
Gideon v. Wainwright (1963)
Facts:
Clarence Earl Gideon was arrested in 1961, and charged with breaking and entering a pool hall with intent to commit petty larceny (a felony). He did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request, saying that under Florida state law, counsel can be appointed only in a capital offense. Gideon was sentenced to five years in prison. He then filed a writ of certiorari (petition of appeal) to the Supreme Court of the United States, asking for a case review. The Court granted Gideon’s request and appointed Abe Fortas to represent him.
Issue:
Whether the state of Florida violated Gideon’s Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, by not providing him with the assistance of counsel for his criminal defense.
Opinion:
The Court ruled unanimously in Gideon’s favor, and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that all states must provide an attorney in all felony and capital cases for people who cannot afford one themselves. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states. [Gideon was retried in Florida and found not guilty.]
Miranda v. Arizona (1966)
Facts:
Ernesto Miranda was convicted of rape and kidnapping. His conviction was based in part on incriminating statements he made to the police while they interrogated him. At no time during the questioning did the police inform Miranda that he did not have to talk to them or that he had the right to a lawyer when being questioned by police.
Issue"
Whether the state of Arizona violated the constitutional rights of Miranda under the Fifth, Sixth, and Fourteenth Amendments when they interrogated him without advising him of his constitutional right to remain silent.
Opinion:
The Supreme Court of the United States, in a 5-4 decision, ruled that the police were in error. The Court held that the police must inform suspects that they have the right to remain silent, that anything they say may be used against them, and that they have the right to counsel before the police may begin to question those held in custody.
[Miranda established the “Miranda Warning” which police now use prior to interrogation of persons arrested.]
Furman v. Georgia (1972)
Facts:
William Henry Furman, a 26 year old African American, attempted to burglarize a home in Georgia. When the homeowner awoke and attempted to stop him, Mr. Furman tried to escape. He tripped and dropped his gun, which went off, killing the homeowner. At the trial, Mr. Furman was found guilty of murder, despite a claim of mental incompetence. Under Georgia statute, the jury had the option of recommending the death penalty or life imprisonment. Mr. Furman was sentenced to death. His lawyer argued the Georgian death penalty law was excessively cruel and: (1) made rehabilitation impossible; (2) imprisonment was an available alternative; and (3) the death penalty was imposed almost exclusively on poor people and black persons.
Issue:
Whether Mr. Furman’s death sentence was a violation of the Eighth Amendment’s Cruel and Unusual Punishment Clause and the Equal Protection and Due Process Clause of the Fourteenth Amendment.
Opinion:
In a 5-4 decision the Supreme Court of the United States struck down all existing state death penalty laws. The justices reasoned these death penalty laws left almost unlimited discretion to the judges or juries in deciding the sentence. The majority of the justices agreed that almost all those convicted in capital trials were black or poor or both, which they found “capriciously selective.” The Court did not declare capital punishment a violation of the Eighth Amendment’s “Cruel and Unusual Punishment” clause. Instead, it declared the existing death penalty laws violated the due process clause of the Fourteenth Amendment.
Friday, December 14, 2007
Thursday, November 29, 2007
November 26-28
Commander in Chief
-Besides acting as Head of State and Chief Executive, the President also acts as the Commander in Chief of the US military.
-Only Congress can declare war, however it is up to the President to ask Congress for a formal declaration of war. This has only happened 5 times in American history: The War of 1812, The Mexican-American War, The Spanish-American War, World War I, and World War II.
-The War Powers Act of 1973 gave the President the power to commit American forces to combat for up to 60 days without the approval of Congress. After 60 days the President must request the consent of Congress to continue engaging in combat. Congress can revoke the President’s power to engage in combat after the first 60 days at any time as long as there is no formal declaration of war.
-As Commander in Chief the President holds perhaps the most dangerous and terrifying power in all of the government, the power to order the use of nuclear weapons.
-Besides holding the power to use the military in combat situations, the President also holds the power to order the military to perform other duties such as acting as security enforcement against terrorism, aiding in emergency situations that arise from natural disasters, and subduing domestic riots or uprisings.
The Cabinet
*Currently the President has 15 top-level advisors to aid him in his duties and to help him make important decisions. This group of advisors, along with the Vice-President is called the cabinet. The President’s cabinet is as follows:
-Secretary of State: Advises the President in the formulation and execution of foreign policy, negotiates treaties and agreements with foreign nations; speaks for the United States in the United Nations and other international organizations in which the United States participates. The Secretary of State is responsible for the overall direction, coordination, and supervision of U.S. foreign relations and for the interdepartmental activities of the U.S. Government abroad. The Secretary is the first-ranking member of the Cabinet, is a member of the National Security Council, and is in charge of the operations of the Department, including the Foreign Service. Currently the Secretary of State is Condaleeza Rice.
-Secretary of the Treasury: The Department of the Treasury performs four basic functions: formulating and recommending economic, financial, tax, and fiscal policies; serving as financial agent for the U.S. Government; enforcing law; and manufacturing coins and currency. As a major policy adviser to the President, the Secretary of the Treasury has primary responsibility for formulating and recommending domestic and international financial, economic, and tax policy, and managing the public debt. The Secretary also oversees the activities of the Department in carrying out its major law enforcement responsibility; in serving as the financial agent for the U.S. Government; and in manufacturing coins, currency, and other products for customer agencies. The Secretary also serves as the Government's chief financial officer. The Secretary of the Treasury is currently Henry Paulson
-Secretary of Defense: Exercises authority, direction, and control over the Department of Defense, which includes the separately organized military departments of Army, Navy, and Air Force, the Joint Chiefs of Staff, and the National Guard. The Department of Defense is responsible for providing the military forces needed to deter war and protect the security of our country. The Secretary of Defense is Robert Gates.
-Attorney General: Generally directs the affairs and activities of the Department of Justice. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance. The Department of Justice plays the key role in protection against criminals, in ensuring healthy competition of business in our free enterprise system, in safeguarding the consumer, and in enforcing drug, immigration, and naturalization laws. The Attorney General is Michael Mukasey.
-Secretary of the Interior: Reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department of the Interior. The Department of the Interior’s mission is to protect and provide access to our Nation's natural and cultural heritage and to honor our trust responsibilities to Native American Indian tribes. The Department manages the Nation's public lands and minerals, national parks, national wildlife refuges, and western water resources and upholds Federal trust responsibilities to Indian tribes. It is responsible for historic preservation, ensuring the safety of endangered species, mapping the land, and geological, hydrological, and biological science. The Secretary of the Interior is Dirk Kepthorne.
-Secretary of Agriculture: Reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department. The Department of Agriculture works to improve and maintain farm income and to develop and expand markets abroad for agricultural products. The Department of Agriculture, through inspection and grading services, safeguards and ensures standards of quality in the daily food supply. The Secretary of Agriculture is Mike Johanns.
-Secretary of Commerce: Responsible for the administration of all functions and authorities assigned to the Department of Commerce and for advising the President on Federal policy and programs affecting the industrial and commercial segments of the national economy. The Department of Commerce encourages, serves, and promotes the Nation's international trade, economic growth, and technological advancement. The Department provides a wide variety of programs through the free enterprise system. It offers assistance and information to increase America's competitiveness in the world economy, administers programs to prevent unfair foreign trade competition, grants patents, registers trademarks, provides assistance to promote domestic economic development, and assists in the growth of minority businesses. The Secretary of Commerce is Carlos Gutierezz.
- Secretary of Labor : The principal adviser to the President on the development and execution of policies and the administration and enforcement of laws relating to wage earners, their working conditions, and their employment opportunities. The purpose of the Department of Labor is to promote, and develop the welfare of the American labor force, to improve their working conditions, and to advance their opportunities for employment. The Department administers a variety of Federal labor laws guaranteeing workers' rights to safe and healthful working conditions, a minimum hourly wage and overtime pay, freedom from employment discrimination, unemployment insurance, and workers' compensation. The department also protects workers' pension rights, provides for job training programs, helps workers find jobs, and works to insure the right to organize unions. The Secretary of Labor is Elaine Chao.
-Besides acting as Head of State and Chief Executive, the President also acts as the Commander in Chief of the US military.
-Only Congress can declare war, however it is up to the President to ask Congress for a formal declaration of war. This has only happened 5 times in American history: The War of 1812, The Mexican-American War, The Spanish-American War, World War I, and World War II.
-The War Powers Act of 1973 gave the President the power to commit American forces to combat for up to 60 days without the approval of Congress. After 60 days the President must request the consent of Congress to continue engaging in combat. Congress can revoke the President’s power to engage in combat after the first 60 days at any time as long as there is no formal declaration of war.
-As Commander in Chief the President holds perhaps the most dangerous and terrifying power in all of the government, the power to order the use of nuclear weapons.
-Besides holding the power to use the military in combat situations, the President also holds the power to order the military to perform other duties such as acting as security enforcement against terrorism, aiding in emergency situations that arise from natural disasters, and subduing domestic riots or uprisings.
The Cabinet
*Currently the President has 15 top-level advisors to aid him in his duties and to help him make important decisions. This group of advisors, along with the Vice-President is called the cabinet. The President’s cabinet is as follows:
-Secretary of State: Advises the President in the formulation and execution of foreign policy, negotiates treaties and agreements with foreign nations; speaks for the United States in the United Nations and other international organizations in which the United States participates. The Secretary of State is responsible for the overall direction, coordination, and supervision of U.S. foreign relations and for the interdepartmental activities of the U.S. Government abroad. The Secretary is the first-ranking member of the Cabinet, is a member of the National Security Council, and is in charge of the operations of the Department, including the Foreign Service. Currently the Secretary of State is Condaleeza Rice.
-Secretary of the Treasury: The Department of the Treasury performs four basic functions: formulating and recommending economic, financial, tax, and fiscal policies; serving as financial agent for the U.S. Government; enforcing law; and manufacturing coins and currency. As a major policy adviser to the President, the Secretary of the Treasury has primary responsibility for formulating and recommending domestic and international financial, economic, and tax policy, and managing the public debt. The Secretary also oversees the activities of the Department in carrying out its major law enforcement responsibility; in serving as the financial agent for the U.S. Government; and in manufacturing coins, currency, and other products for customer agencies. The Secretary also serves as the Government's chief financial officer. The Secretary of the Treasury is currently Henry Paulson
-Secretary of Defense: Exercises authority, direction, and control over the Department of Defense, which includes the separately organized military departments of Army, Navy, and Air Force, the Joint Chiefs of Staff, and the National Guard. The Department of Defense is responsible for providing the military forces needed to deter war and protect the security of our country. The Secretary of Defense is Robert Gates.
-Attorney General: Generally directs the affairs and activities of the Department of Justice. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the U.S. Supreme Court in cases of exceptional gravity or importance. The Department of Justice plays the key role in protection against criminals, in ensuring healthy competition of business in our free enterprise system, in safeguarding the consumer, and in enforcing drug, immigration, and naturalization laws. The Attorney General is Michael Mukasey.
-Secretary of the Interior: Reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department of the Interior. The Department of the Interior’s mission is to protect and provide access to our Nation's natural and cultural heritage and to honor our trust responsibilities to Native American Indian tribes. The Department manages the Nation's public lands and minerals, national parks, national wildlife refuges, and western water resources and upholds Federal trust responsibilities to Indian tribes. It is responsible for historic preservation, ensuring the safety of endangered species, mapping the land, and geological, hydrological, and biological science. The Secretary of the Interior is Dirk Kepthorne.
-Secretary of Agriculture: Reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department. The Department of Agriculture works to improve and maintain farm income and to develop and expand markets abroad for agricultural products. The Department of Agriculture, through inspection and grading services, safeguards and ensures standards of quality in the daily food supply. The Secretary of Agriculture is Mike Johanns.
-Secretary of Commerce: Responsible for the administration of all functions and authorities assigned to the Department of Commerce and for advising the President on Federal policy and programs affecting the industrial and commercial segments of the national economy. The Department of Commerce encourages, serves, and promotes the Nation's international trade, economic growth, and technological advancement. The Department provides a wide variety of programs through the free enterprise system. It offers assistance and information to increase America's competitiveness in the world economy, administers programs to prevent unfair foreign trade competition, grants patents, registers trademarks, provides assistance to promote domestic economic development, and assists in the growth of minority businesses. The Secretary of Commerce is Carlos Gutierezz.
- Secretary of Labor : The principal adviser to the President on the development and execution of policies and the administration and enforcement of laws relating to wage earners, their working conditions, and their employment opportunities. The purpose of the Department of Labor is to promote, and develop the welfare of the American labor force, to improve their working conditions, and to advance their opportunities for employment. The Department administers a variety of Federal labor laws guaranteeing workers' rights to safe and healthful working conditions, a minimum hourly wage and overtime pay, freedom from employment discrimination, unemployment insurance, and workers' compensation. The department also protects workers' pension rights, provides for job training programs, helps workers find jobs, and works to insure the right to organize unions. The Secretary of Labor is Elaine Chao.
Executive Branch Notes
-The Executive branch of the US government is made up of the President & Vice President, the President’s cabinet, all executive departments and offices, independent government agencies, and government owned corporations. The Executive Branch of the United States Government is a huge bureaucracy that employs thousands and thousands of people in America and abroad.
-Each member of the President’s cabinet heads an Executive Department.
-There are 15 Executive Departments, they are as follows: Department of State, Department of the Treasury, Department of Defense, Department of the Interior, Department of Agriculture, Department of Justice, Department of Commerce, Department of Labor, Department of Health & Human Services, Department of Housing and Urban Development, Department of Transportation, Department of Energy, Department of Education, Department of Veteran’s Affairs, and Department of Homeland Security.
-The Executive Branch is also made up of many independent agencies. Some of these agencies are set up to assist the President and the cabinet. The most important of these agencies are as follows: The General Services Administration, The National Archives and Records Administration, the Central Intelligence Agency (CIA) and the National Security Administration. Some of the other important agencies that make up the Executive Branch include the Environmental Protection Agency (EPA,) the National Aeronautics and Space Administration (NASA,) the Civil Rights Commission, and the Small Business Administration (SBA.) The President appoints the head of all of these agencies.
-The Executive Branch also is in charge of government corporations. The federal government owns and operates corporations/businesses. These corporations often exist to provide a service to the public. Some of the more important of these corporations include the US Postal Service, AMTrak, The Tennessee Valley Authority (TVA,) and the Federal Deposit Insurance Company.
*The Presidency
-The aspect of the Executive Branch that people are the most familiar with is the Presidency. Currently the President of the United States is George W. Bush, and the Vice-President is Richard Cheney.
-In order to serve as President of the United States, or Vice-President of the United States, a person must be a natural born citizen of the United States, he or she must be a continuous resident of the United States for 14 consecutive years before taking office, and he or she must be at least 35 years of age before taking office. There are no other legal requirements for these offices; the only other requirements are the ones imposed on the candidates by the people of the United States.
-The 22nd Amendment mandates that a person may be elected to the office of President for no more than 2 terms, or serve for a maximum of 10 years.
-The President is paid an annual salary of $200,000 for his duties, plus an additional $50,000 for expenses, and $120,000 for travel and entertainment.
*Presidential Succession
-According to the 25th Amendment, when a vacancy occurs in the office of President the Vice-President takes over the Presidency.
-If something should happen to the Vice-President, the President will appoint a successor who must be confirmed by a majority of both houses of Congress.
-In the rare event that something should happen to the President that would create a vacancy in that office, and the office of Vice-President is already vacant, or something happens to cause vacancies in both the office of President and Vice-President, then the order of succession is as follows:
Speaker of the House of Representatives, President Pro-tempore, Secretary of State, Secretary of the Treasury, etc (cabinet members in the order that the department that he or she heads was created.)
*The Vice-President
-According to the Constitution the Vice-President has only two duties, to be the President of the Senate with the ability to vote only in the event of a tie, and to help determine, along with the cabinet, whether the President is disabled and not able to perform his duties. In the event that the President is temporarily disabled, the Vice-President will serve as acting President until the President is again able to perform his duties.
-Some Vice-Presidents work closely with the President in determining policy and in making decisions, other Vice-Presidents hardly do anything at all. The Vice-President serves the President, therefore it is up to each individual President to decide what role if any the Vice-President will play in the presidential administration.
*The Role of the President
-In America the President serves two purposes, to act as Head of State, and to act as Chief Executive.
-Some countries have separate people to perform each of these duties. For example the Head of State in Great Britain is the Queen, and the Chief Executive is the Prime Minister. Other countries, such as Ireland actually elect a President to serve as Head of State, and a Prime Minister to serve as Chief Executive; the President of Ireland hardly performs any political duties.
-In his role as Head of State the President acts as the unofficial goodwill ambassador of the United States to the rest of the world. He participates in official ceremonies, makes many public appearances, and hosts leaders and dignitaries from foreign countries.
-In his role as Chief Executive the President serves as the leader of the government, the highest-ranking manager of the federal bureaucracy, the Commander in Chief of the US military, the nations top legislator, chief diplomat for the US, chief economic planner, leader of his political party, and the countries most important decision maker.
-The President has a few tools at his disposal to aid him in his duties as Chief Executive. These tools are as follows: executive orders, impoundment, reprieves, pardons, and amnesty.
Special Powers of the President
To aid him in his duties as chief executive the President has a few special powers at his disposal. They are as follows:
-Executive Orders: These are rules that a President makes that have the force of law. Executive Orders are issued to spell out many of the details of policies and programs that Congress enacts. The majority of executive orders that the President issues are simply the appointments that he makes to government offices that do not require Congressional approval.
-Power to Fire: The President has the power to fire any official that he appoints. This includes members of the cabinet, members of the military, and any other person he appoints, except for federal judges. The President may not, under any circumstances, fire any elected official.
-Impoundment: The President may refuse to permit a federal department or agency from spending the money Congress has appropriated for its use. The President must have Congressional approval to impound money.
-Power of Appointment: The President has the power to appoint many officials. Most of his appointments are made through executive orders, however most of the high level appointments that the President makes need approval of the US Senate. The President usually appoints people that share his same basic political beliefs, this is important because many of these appointees, especially federal judges, have the power to make important decisions that influence government policies and the way laws are interpreted.
-Reprieves: The President has the power to issue reprieves. A reprieve is a postponement of legal punishment for a crime that was committed. The postponement may be indefinite and the punishment sometimes is never delivered.
-Pardons: The President has the power to issue pardons. A pardon is a release from legal judgment and punishment for a crime that was committed. Pardons can be issued before a person stands trial for a crime, or after a person is convicted of a crime. If a pardon is issued it is as if the crime or crimes never took place.
-Amnesty: This is a pardon given to a group of people for committing crimes against the government. An example of this took place during the Presidency of Jimmy Carter. Carter granted amnesty to all the men who ignored or fled the draft during the Vietnam War.
Duties of the Chief Executive
The Chief Executive has many duties and responsibilities. Some of the most important of these are as follows:
-Chief Legislator: Before a President is elected he makes many promises during his campaign. After a President is elected he is expected to try to deliver on these promises. He often does this by coming up with ideas for new laws. The President and his staff spend significant time writing legislation that one of the President’s allies in Congress introduces in either the House of Representatives or the Senate.
-Economic Planner: The President has many powers and duties that enable him to play a role in the planning of the national economy. The most important of these duties is to prepare and propose the federal budget each year. Congress must approve the budget before it can take effect.
-Party Leader: The President’s political party expects him to lead the party by setting the party’s platform, helping to get fellow party members elected to federal, state, and local offices, and by doing favors for interest groups that support the party.
-Chief Diplomat: The President directs the foreign policy of the US; he makes key decisions and deals about and with other countries in the world. To help him perform his duties as Chief Diplomat, the President has 3 key powers. They are as follows:
-Power to Make Treaties: A treaty is a formal agreement between two or more countries. In order for a treaty to take effect the Senate must approve it.
-Power to Make Executive Agreements: Executive Agreements are pacts between the President and the leader or leaders of other countries. These have the same legal status as a treaty but do not require approval of the Senate.
-Power to Recognize Foreign Governments: The President receives ambassadors of other countries. By doing this, the President officially recognizes the legitimacy of foreign governments.
-Each member of the President’s cabinet heads an Executive Department.
-There are 15 Executive Departments, they are as follows: Department of State, Department of the Treasury, Department of Defense, Department of the Interior, Department of Agriculture, Department of Justice, Department of Commerce, Department of Labor, Department of Health & Human Services, Department of Housing and Urban Development, Department of Transportation, Department of Energy, Department of Education, Department of Veteran’s Affairs, and Department of Homeland Security.
-The Executive Branch is also made up of many independent agencies. Some of these agencies are set up to assist the President and the cabinet. The most important of these agencies are as follows: The General Services Administration, The National Archives and Records Administration, the Central Intelligence Agency (CIA) and the National Security Administration. Some of the other important agencies that make up the Executive Branch include the Environmental Protection Agency (EPA,) the National Aeronautics and Space Administration (NASA,) the Civil Rights Commission, and the Small Business Administration (SBA.) The President appoints the head of all of these agencies.
-The Executive Branch also is in charge of government corporations. The federal government owns and operates corporations/businesses. These corporations often exist to provide a service to the public. Some of the more important of these corporations include the US Postal Service, AMTrak, The Tennessee Valley Authority (TVA,) and the Federal Deposit Insurance Company.
*The Presidency
-The aspect of the Executive Branch that people are the most familiar with is the Presidency. Currently the President of the United States is George W. Bush, and the Vice-President is Richard Cheney.
-In order to serve as President of the United States, or Vice-President of the United States, a person must be a natural born citizen of the United States, he or she must be a continuous resident of the United States for 14 consecutive years before taking office, and he or she must be at least 35 years of age before taking office. There are no other legal requirements for these offices; the only other requirements are the ones imposed on the candidates by the people of the United States.
-The 22nd Amendment mandates that a person may be elected to the office of President for no more than 2 terms, or serve for a maximum of 10 years.
-The President is paid an annual salary of $200,000 for his duties, plus an additional $50,000 for expenses, and $120,000 for travel and entertainment.
*Presidential Succession
-According to the 25th Amendment, when a vacancy occurs in the office of President the Vice-President takes over the Presidency.
-If something should happen to the Vice-President, the President will appoint a successor who must be confirmed by a majority of both houses of Congress.
-In the rare event that something should happen to the President that would create a vacancy in that office, and the office of Vice-President is already vacant, or something happens to cause vacancies in both the office of President and Vice-President, then the order of succession is as follows:
Speaker of the House of Representatives, President Pro-tempore, Secretary of State, Secretary of the Treasury, etc (cabinet members in the order that the department that he or she heads was created.)
*The Vice-President
-According to the Constitution the Vice-President has only two duties, to be the President of the Senate with the ability to vote only in the event of a tie, and to help determine, along with the cabinet, whether the President is disabled and not able to perform his duties. In the event that the President is temporarily disabled, the Vice-President will serve as acting President until the President is again able to perform his duties.
-Some Vice-Presidents work closely with the President in determining policy and in making decisions, other Vice-Presidents hardly do anything at all. The Vice-President serves the President, therefore it is up to each individual President to decide what role if any the Vice-President will play in the presidential administration.
*The Role of the President
-In America the President serves two purposes, to act as Head of State, and to act as Chief Executive.
-Some countries have separate people to perform each of these duties. For example the Head of State in Great Britain is the Queen, and the Chief Executive is the Prime Minister. Other countries, such as Ireland actually elect a President to serve as Head of State, and a Prime Minister to serve as Chief Executive; the President of Ireland hardly performs any political duties.
-In his role as Head of State the President acts as the unofficial goodwill ambassador of the United States to the rest of the world. He participates in official ceremonies, makes many public appearances, and hosts leaders and dignitaries from foreign countries.
-In his role as Chief Executive the President serves as the leader of the government, the highest-ranking manager of the federal bureaucracy, the Commander in Chief of the US military, the nations top legislator, chief diplomat for the US, chief economic planner, leader of his political party, and the countries most important decision maker.
-The President has a few tools at his disposal to aid him in his duties as Chief Executive. These tools are as follows: executive orders, impoundment, reprieves, pardons, and amnesty.
Special Powers of the President
To aid him in his duties as chief executive the President has a few special powers at his disposal. They are as follows:
-Executive Orders: These are rules that a President makes that have the force of law. Executive Orders are issued to spell out many of the details of policies and programs that Congress enacts. The majority of executive orders that the President issues are simply the appointments that he makes to government offices that do not require Congressional approval.
-Power to Fire: The President has the power to fire any official that he appoints. This includes members of the cabinet, members of the military, and any other person he appoints, except for federal judges. The President may not, under any circumstances, fire any elected official.
-Impoundment: The President may refuse to permit a federal department or agency from spending the money Congress has appropriated for its use. The President must have Congressional approval to impound money.
-Power of Appointment: The President has the power to appoint many officials. Most of his appointments are made through executive orders, however most of the high level appointments that the President makes need approval of the US Senate. The President usually appoints people that share his same basic political beliefs, this is important because many of these appointees, especially federal judges, have the power to make important decisions that influence government policies and the way laws are interpreted.
-Reprieves: The President has the power to issue reprieves. A reprieve is a postponement of legal punishment for a crime that was committed. The postponement may be indefinite and the punishment sometimes is never delivered.
-Pardons: The President has the power to issue pardons. A pardon is a release from legal judgment and punishment for a crime that was committed. Pardons can be issued before a person stands trial for a crime, or after a person is convicted of a crime. If a pardon is issued it is as if the crime or crimes never took place.
-Amnesty: This is a pardon given to a group of people for committing crimes against the government. An example of this took place during the Presidency of Jimmy Carter. Carter granted amnesty to all the men who ignored or fled the draft during the Vietnam War.
Duties of the Chief Executive
The Chief Executive has many duties and responsibilities. Some of the most important of these are as follows:
-Chief Legislator: Before a President is elected he makes many promises during his campaign. After a President is elected he is expected to try to deliver on these promises. He often does this by coming up with ideas for new laws. The President and his staff spend significant time writing legislation that one of the President’s allies in Congress introduces in either the House of Representatives or the Senate.
-Economic Planner: The President has many powers and duties that enable him to play a role in the planning of the national economy. The most important of these duties is to prepare and propose the federal budget each year. Congress must approve the budget before it can take effect.
-Party Leader: The President’s political party expects him to lead the party by setting the party’s platform, helping to get fellow party members elected to federal, state, and local offices, and by doing favors for interest groups that support the party.
-Chief Diplomat: The President directs the foreign policy of the US; he makes key decisions and deals about and with other countries in the world. To help him perform his duties as Chief Diplomat, the President has 3 key powers. They are as follows:
-Power to Make Treaties: A treaty is a formal agreement between two or more countries. In order for a treaty to take effect the Senate must approve it.
-Power to Make Executive Agreements: Executive Agreements are pacts between the President and the leader or leaders of other countries. These have the same legal status as a treaty but do not require approval of the Senate.
-Power to Recognize Foreign Governments: The President receives ambassadors of other countries. By doing this, the President officially recognizes the legitimacy of foreign governments.
Monday, November 5, 2007
November 4-5
*The Reconstruction Amendments*
The 13th, 14th, and 15th Amendments are called the Reconstruction Amendments because they were ratified during the period of history called Reconstruction, which took place after the Civil War.
13th Amendment: Abolition of Slavery
-This Amendment officially abolished slavery in the United States.
-Involuntary servitude was also abolished by this amendment except in the case of a sentenced punishment for convicted criminals.
14th Amendment: Rights of Citizens
*The14th Amendment further defined the rights that citizens of the US have. It also defines citizenship, and redefines apportionment of Representatives in the House of Representatives.
-All people who are born in the United States, or are naturalized are citizens of the United States.
-All people are guaranteed equal justice and protection under the law no matter what. (civil rights)
-All people, regardless of race, color, or ethnicity are guaranteed due process.
-The Three-Fifths Compromise was abolished. All citizens, regardless of race, color, or ethnicity will be counted as whole people when determining proportional representation in the House of Representatives.
15th Amendment: Right to Vote
-The right of (male) citizens to vote shall not be denied based on race, color, or previous condition of servitude.
*The Progressive Amendments*
The 16th, 17th, 18th, and 19th Amendments are often called the Progressive Amendments because they were ratified during an era of American History known as the Progressive Era. Reforming the government and business, and making America a better place was the goal of the Progressives.
16th Amendment: Income Tax
-This Amendment gave Congress the power to tax people’s income.
17th Amendment: Direct Election of Senators
-This Amendment allows the people of each state to directly elect members of the US Senate.
-18th Amendment: Prohibition of Alcoholic Beverages
-The manufacture, sale, and transportation of alcoholic beverages was prohibited.
-19th Amendment: Women’s Suffrage
- The right of citizens of the United States to vote shall not be denied based on their gender.
20th Amendment
-The President and Vice-President shall take office at noon on January 20th in the year after the Presidential election.
-Senators and Representatives shall take office at noon on January 3rd in the year after Congressional elections. Congress must meet at least once a year beginning at noon on January 3rd.
-If the person elected President dies before he takes office then the person elected Vice-President shall become President.
21st Amendment: Repeal of Prohibition
-This Amendment is the only amendment that completely repeals another amendment, the 18th. Prohibition of alcoholic beverages was abolished federally, leaving the decision to prohibit alcoholic beverages to the individual states.
22nd Amendment: Presidential Term Limits
-No one may be elected President more than twice.
-No one may serve as President for more than 10 full years.
23rd Amendment: Presidential Electors for the
District of Columbia
-The residents of the District of Columbia were given the right to vote for President by being given three electoral votes in Presidential elections.
24th Amendment: Abolition of Poll Taxes
-The federal government and the governments of the individual States are prohibited from requiring any citizen to pay a poll tax in order to vote in federal elections.
25th Amendment: Presidential Disability & Succession
-If the President dies, resigns, or is removed from office, the Vice-President becomes President.
-If the Vice-President dies, resigns, or is removed from office, the President will appoint a new Vice-President that must be approved by a majority of both Houses of Congress.
-If the President informs Congress of his inability to perform the duties of office, the Vice-President serves as acting President until the President informs Congress of his re-ability to perform the duties of office.
-If the Vice-President and a majority of the President’s cabinet inform Congress of the Presidents inability to perform the duties of office, the Vice-President serves as acting President until the President informs Congress of his re-ability to perform the duties of office.
-If the President informs Congress of his re-ability to perform the duties of office and the Vice-President and a majority of the President’s cabinet disagree that he is capable, Congress must decide who acts as President. Congress has 21 days to decide who acts as President. Two-thirds of Congress must vote in favor of allowing the Vice President to stay as acting President.
26th Amendment: Voting Age
-No citizen who is 18 years old or older will be denied the right to vote on account of age.
27th Amendment: Restraint of Congressional Salaries
-If Congress votes to give itself a raise in pay, the raise will not take effect until the next session of Congress after the vote for the raise begins.
The 13th, 14th, and 15th Amendments are called the Reconstruction Amendments because they were ratified during the period of history called Reconstruction, which took place after the Civil War.
13th Amendment: Abolition of Slavery
-This Amendment officially abolished slavery in the United States.
-Involuntary servitude was also abolished by this amendment except in the case of a sentenced punishment for convicted criminals.
14th Amendment: Rights of Citizens
*The14th Amendment further defined the rights that citizens of the US have. It also defines citizenship, and redefines apportionment of Representatives in the House of Representatives.
-All people who are born in the United States, or are naturalized are citizens of the United States.
-All people are guaranteed equal justice and protection under the law no matter what. (civil rights)
-All people, regardless of race, color, or ethnicity are guaranteed due process.
-The Three-Fifths Compromise was abolished. All citizens, regardless of race, color, or ethnicity will be counted as whole people when determining proportional representation in the House of Representatives.
15th Amendment: Right to Vote
-The right of (male) citizens to vote shall not be denied based on race, color, or previous condition of servitude.
*The Progressive Amendments*
The 16th, 17th, 18th, and 19th Amendments are often called the Progressive Amendments because they were ratified during an era of American History known as the Progressive Era. Reforming the government and business, and making America a better place was the goal of the Progressives.
16th Amendment: Income Tax
-This Amendment gave Congress the power to tax people’s income.
17th Amendment: Direct Election of Senators
-This Amendment allows the people of each state to directly elect members of the US Senate.
-18th Amendment: Prohibition of Alcoholic Beverages
-The manufacture, sale, and transportation of alcoholic beverages was prohibited.
-19th Amendment: Women’s Suffrage
- The right of citizens of the United States to vote shall not be denied based on their gender.
20th Amendment
-The President and Vice-President shall take office at noon on January 20th in the year after the Presidential election.
-Senators and Representatives shall take office at noon on January 3rd in the year after Congressional elections. Congress must meet at least once a year beginning at noon on January 3rd.
-If the person elected President dies before he takes office then the person elected Vice-President shall become President.
21st Amendment: Repeal of Prohibition
-This Amendment is the only amendment that completely repeals another amendment, the 18th. Prohibition of alcoholic beverages was abolished federally, leaving the decision to prohibit alcoholic beverages to the individual states.
22nd Amendment: Presidential Term Limits
-No one may be elected President more than twice.
-No one may serve as President for more than 10 full years.
23rd Amendment: Presidential Electors for the
District of Columbia
-The residents of the District of Columbia were given the right to vote for President by being given three electoral votes in Presidential elections.
24th Amendment: Abolition of Poll Taxes
-The federal government and the governments of the individual States are prohibited from requiring any citizen to pay a poll tax in order to vote in federal elections.
25th Amendment: Presidential Disability & Succession
-If the President dies, resigns, or is removed from office, the Vice-President becomes President.
-If the Vice-President dies, resigns, or is removed from office, the President will appoint a new Vice-President that must be approved by a majority of both Houses of Congress.
-If the President informs Congress of his inability to perform the duties of office, the Vice-President serves as acting President until the President informs Congress of his re-ability to perform the duties of office.
-If the Vice-President and a majority of the President’s cabinet inform Congress of the Presidents inability to perform the duties of office, the Vice-President serves as acting President until the President informs Congress of his re-ability to perform the duties of office.
-If the President informs Congress of his re-ability to perform the duties of office and the Vice-President and a majority of the President’s cabinet disagree that he is capable, Congress must decide who acts as President. Congress has 21 days to decide who acts as President. Two-thirds of Congress must vote in favor of allowing the Vice President to stay as acting President.
26th Amendment: Voting Age
-No citizen who is 18 years old or older will be denied the right to vote on account of age.
27th Amendment: Restraint of Congressional Salaries
-If Congress votes to give itself a raise in pay, the raise will not take effect until the next session of Congress after the vote for the raise begins.
Thursday, November 1, 2007
Journal 5
Read the following article and then answer the questions below:
(Reuters) - A legal challenge to be heard by the U.S. Supreme Court to the method of lethal injection has led to a "creeping moratorium" on the death penalty in America.
The appeal by two Kentucky death row inmates holds that the three-chemical cocktail used in lethal injections inflicts unnecessary pain and suffering.
Following are some facts and figures about the death penalty in the United States since 1977, when executions resumed following the lifting of a ban on the practice by the U.S. Supreme Court the previous year.
- There have been 1,099 executions in the United States since 1977. The peak year was 1999, when 98 were carried out while no inmates were put to death in 1978 and 1980.
- If the "creeping moratorium" holds until the end of the year, 42 people will be executed in the United States in 2007, the lowest number since 1994 when 31 were put to death.
- 2005, the last year for which data is available, saw 128 death sentences imposed, the lowest number over the past three decades. The peak year was 1996 when 317 were handed down.
- The death penalty is sanctioned by 37 of the 50 states and the U.S. government and the military. Lethal injection is the main method used by all of the death penalty states except for Nebraska which uses the electric chair.
- The standard method involves administering three separate chemicals: sodium pentothal, an anesthetic to make the inmate unconscious; pancuronium bromide, which paralyzes all muscles except the heart; and then potassium chloride, which stops the heart, causing death.
- Texas has been by far the most active death penalty state in the post-1976 era with 405 executions. Virginia is a distant second at 98.
1. Regardless of your opinion on the death penalty, list three pro's and three con's to it's use in the United States. Explain your answers.
2. Do you believe that the death penalty is an acceptable sentence for crimes in the United States? Why or why not? Explain.
3. Is the death penalty, in your opinion, Constitutional? Is it consistent with the teachings of the Catholic Church? Does your religious affiliation in any way influence your opinion on the death penalty? Explain.
(Reuters) - A legal challenge to be heard by the U.S. Supreme Court to the method of lethal injection has led to a "creeping moratorium" on the death penalty in America.
The appeal by two Kentucky death row inmates holds that the three-chemical cocktail used in lethal injections inflicts unnecessary pain and suffering.
Following are some facts and figures about the death penalty in the United States since 1977, when executions resumed following the lifting of a ban on the practice by the U.S. Supreme Court the previous year.
- There have been 1,099 executions in the United States since 1977. The peak year was 1999, when 98 were carried out while no inmates were put to death in 1978 and 1980.
- If the "creeping moratorium" holds until the end of the year, 42 people will be executed in the United States in 2007, the lowest number since 1994 when 31 were put to death.
- 2005, the last year for which data is available, saw 128 death sentences imposed, the lowest number over the past three decades. The peak year was 1996 when 317 were handed down.
- The death penalty is sanctioned by 37 of the 50 states and the U.S. government and the military. Lethal injection is the main method used by all of the death penalty states except for Nebraska which uses the electric chair.
- The standard method involves administering three separate chemicals: sodium pentothal, an anesthetic to make the inmate unconscious; pancuronium bromide, which paralyzes all muscles except the heart; and then potassium chloride, which stops the heart, causing death.
- Texas has been by far the most active death penalty state in the post-1976 era with 405 executions. Virginia is a distant second at 98.
1. Regardless of your opinion on the death penalty, list three pro's and three con's to it's use in the United States. Explain your answers.
2. Do you believe that the death penalty is an acceptable sentence for crimes in the United States? Why or why not? Explain.
3. Is the death penalty, in your opinion, Constitutional? Is it consistent with the teachings of the Catholic Church? Does your religious affiliation in any way influence your opinion on the death penalty? Explain.
Wednesday, October 31, 2007
October 26-31
The Bill of Rights
The first 10 amendments are known as the Bill of Rights. They were written by James Madison . They were proposed by the first session of Congress and were adopted in 1791.
Amendment 1. Freedom of Religion, Speech, Press, Assembly & Petition
-Congress may not pass any law creating an official religion or preventing people from worshiping in their own way. Congress may not limit the rights of the people to speak or write their opinions freely, to gather together in meetings, or to request the government to correct abuses.
Amendment 2. Right to Bear Arms
-People have the right to keep and bear arms, however, this right is not absolute. The national government and many state governments regulate the purchase, possession, and use of firearms.
Amendment 3. Quartering Troops
-No one may be forced to keep soldiers in his or her home during peacetime, or in wartime unless requested to do so by law.
4th Amendment: Searches and Seizures
*The 4th Amendment guarantees Americans their privacy.
-The government is prohibited from conducting illegal searches and seizures.
-For the government to search or seize your property they must first attain a warrant.
-Warrants cannot be issued without probable cause.
5th Amendment: Rights of Accused Persons
*The 5th Amendment protects the legal rights of accused people in criminal proceedings.
-No one may be put on trial for a serious crime unless a grand jury finds sufficient evidence against the accused.
-No one may be put in double jeopardy. This means that a person can only be put on trial for a specific crime once.
-No one can be forced to testify against themselves, or say anything under oath than can be self-incriminating.
-All people are guaranteed due process of law. This means that all people are guaranteed all the rights and privileges available under the law.
-The government may take private property for public use only when it pays the owner a price that is fair market value or greater. This is called eminent domain.
6th Amendment: Procedural Rights of Accused Persons
*This Amendment protects the procedural rights of accused people in criminal proceedings.
-All people accused of a crime are entitled to a fair and speedy trial.
- All people accused of a crime are entitled to a trial by a jury of their peers.
-All people are entitled to a trial in the state and district where the crime was committed.
-All people accused of a crime have the right to be informed of the charges against them.
-All witnesses must testify against the accused publicly in an open court with the accused present.
-All people accused of a crime are entitled to have witnesses testify favorably on their behalf in court.
-All people accused of a crime have the right to be represented in court by an attorney.
7th Amendment: Civil Suits
*Anyone being sued in federal court is guaranteed a trial by jury as long as the amount that they are being sued for is greater than $20.
8th Amendment: Bail and Punishment
-People who are arrested for a crime may be released until the date of their trial if they pay a sum of money called bail that is reasonably related to the seriousness of the crime they were accused of.
-Fines may be imposed on people as a form of legal punishment. The fine must not be excessive, it must be reasonably related to the seriousness of the crime.
-No cruel and unusual punishments can be imposed on a person convicted of a crime.
9th Amendment: Powers Reserved to the People
*This Amendment recognizes that the Constitution includes many rights that are listed; however it states that the rights of the people that are listed directly in the Constitution are not the only rights that Americans are entitled to.
10th Amendment: Powers Reserved to the States
*This Amendment states that the powers that are not listed in the Constitution or prohibited by the Constitution belong to the individual states.
11th Amendment: Suits Against States
*When a state is sued by a citizen of another state, or a citizen of another country, the case will be tried in a state court, not a federal court.
12th Amendment: Election of President and Vice-President
*This Amendment defines the way the President and Vice-President are elected.
-The President and Vice-President are elected by the electoral college.
-The person who is running for President cannot at the same time run for Vice-President, and vice versa.
-The President and Vice-President must run together on the same ticket.
-The candidates for President and Vice-President cannot be residents of the same states.
-Each member of the Electoral College must cast one vote for President, and one vote for Vice-President.
-The winner of the Presidential election must receive the majority of electoral votes.
-If no candidate receives a majority of electoral votes the House of Representatives will choose the President from the candidates with the three highest total of electoral votes.
The first 10 amendments are known as the Bill of Rights. They were written by James Madison . They were proposed by the first session of Congress and were adopted in 1791.
Amendment 1. Freedom of Religion, Speech, Press, Assembly & Petition
-Congress may not pass any law creating an official religion or preventing people from worshiping in their own way. Congress may not limit the rights of the people to speak or write their opinions freely, to gather together in meetings, or to request the government to correct abuses.
Amendment 2. Right to Bear Arms
-People have the right to keep and bear arms, however, this right is not absolute. The national government and many state governments regulate the purchase, possession, and use of firearms.
Amendment 3. Quartering Troops
-No one may be forced to keep soldiers in his or her home during peacetime, or in wartime unless requested to do so by law.
4th Amendment: Searches and Seizures
*The 4th Amendment guarantees Americans their privacy.
-The government is prohibited from conducting illegal searches and seizures.
-For the government to search or seize your property they must first attain a warrant.
-Warrants cannot be issued without probable cause.
5th Amendment: Rights of Accused Persons
*The 5th Amendment protects the legal rights of accused people in criminal proceedings.
-No one may be put on trial for a serious crime unless a grand jury finds sufficient evidence against the accused.
-No one may be put in double jeopardy. This means that a person can only be put on trial for a specific crime once.
-No one can be forced to testify against themselves, or say anything under oath than can be self-incriminating.
-All people are guaranteed due process of law. This means that all people are guaranteed all the rights and privileges available under the law.
-The government may take private property for public use only when it pays the owner a price that is fair market value or greater. This is called eminent domain.
6th Amendment: Procedural Rights of Accused Persons
*This Amendment protects the procedural rights of accused people in criminal proceedings.
-All people accused of a crime are entitled to a fair and speedy trial.
- All people accused of a crime are entitled to a trial by a jury of their peers.
-All people are entitled to a trial in the state and district where the crime was committed.
-All people accused of a crime have the right to be informed of the charges against them.
-All witnesses must testify against the accused publicly in an open court with the accused present.
-All people accused of a crime are entitled to have witnesses testify favorably on their behalf in court.
-All people accused of a crime have the right to be represented in court by an attorney.
7th Amendment: Civil Suits
*Anyone being sued in federal court is guaranteed a trial by jury as long as the amount that they are being sued for is greater than $20.
8th Amendment: Bail and Punishment
-People who are arrested for a crime may be released until the date of their trial if they pay a sum of money called bail that is reasonably related to the seriousness of the crime they were accused of.
-Fines may be imposed on people as a form of legal punishment. The fine must not be excessive, it must be reasonably related to the seriousness of the crime.
-No cruel and unusual punishments can be imposed on a person convicted of a crime.
9th Amendment: Powers Reserved to the People
*This Amendment recognizes that the Constitution includes many rights that are listed; however it states that the rights of the people that are listed directly in the Constitution are not the only rights that Americans are entitled to.
10th Amendment: Powers Reserved to the States
*This Amendment states that the powers that are not listed in the Constitution or prohibited by the Constitution belong to the individual states.
11th Amendment: Suits Against States
*When a state is sued by a citizen of another state, or a citizen of another country, the case will be tried in a state court, not a federal court.
12th Amendment: Election of President and Vice-President
*This Amendment defines the way the President and Vice-President are elected.
-The President and Vice-President are elected by the electoral college.
-The person who is running for President cannot at the same time run for Vice-President, and vice versa.
-The President and Vice-President must run together on the same ticket.
-The candidates for President and Vice-President cannot be residents of the same states.
-Each member of the Electoral College must cast one vote for President, and one vote for Vice-President.
-The winner of the Presidential election must receive the majority of electoral votes.
-If no candidate receives a majority of electoral votes the House of Representatives will choose the President from the candidates with the three highest total of electoral votes.
Monday, October 29, 2007
October 25-26
ARTICLE III: The Judicial Branch
*Federal Courts
-Article III of the Constitution creates the nations court system.
-The nations court system includes the Supreme Court, lower federal courts, state courts, and local courts.
-All federal courts in the United States must be created by Congress.
-The President appoints all federal judges. A federal judge serves a term of life.
*Jurisdiction
-Jurisdiction is the right a court has to hear a case.
-Appellate jurisdiction is the right a court has to hear an appeal only after it has been heard by the court that had original jurisdiction in the case.
-Federal courts have jurisdiction in cases that involve the Constitution, any federal laws, treaties, cases involving foreign diplomats, and cases where the federal government is itself a party.
-The Supreme Court only has original jurisdiction in cases that affect Ambassadors, high-ranking government employees, and individual States. The Supreme Court is the highest court of appeals in the US.
-Any case can be appealed to the Supreme Court, however the Supreme Court does not have to hear all cases that are appealed to it. The Supreme Court chooses which cases it wishes to hear based on Constitutional importance.
*Treason
-The only crime specifically defined in the US Constitution is treason.
-Treason is a serious crime committed against the government by a US citizen. Crimes that are Constitutionally treasonous are waging war against the United States, aiding or comforting enemies of the United States, and providing enemies of the United States with any material or information that is classified or secret.
ARTICLE IV: The States
-Each State must honor the laws, records, and court decisions of all of the other States.
-Each State must give citizens of other States all the rights and privileges that it gives to its own citizens.
-When a person charged with a crime in one State is captured by the authorities in another State that person may be returned to the State where the crime was committed. This is called extradition.
-Only Congress can add new States to the Union.
-New States cannot be added by dividing or joining parts of existing States without the consent of the States involved and of Congress.
-All territories owned by the United States and property owned by the federal government will by governed by or sold by the federal government only with the consent of Congress.
-The federal government guarantees every State a representative form of government.
-The United States will protect all of the individual States from foreign invasion, and will come to the aid of any State during times of insurrection if the State requests the help.
ARTICLE V: The Amending Process
*Proposing Amendments: There are two ways to propose Amendments.
-2/3 of both houses of Congress may propose
amendments.
-Congress must call a convention if 2/3 of the state
legislatures request one to propose an amendment.
*Ratification of Amendments: Proposed amendments become part of the Constitution when approved by 3/4 of the States.
*The only thing in the Constitution that cannot be amended is each States right to two Senators.
ARTICLE VI: National Supremacy
*The Constitution, federal laws, and federal treaties are the supreme law of the land and take precedent over any of the State’s constitutions or laws. This is referred to as the supremacy clause.
*All federal and state legislators, executive officers, and judges must take an oath to support and uphold the Constitution of the United States of America.
*No religious requirement shall ever be necessary to qualify for any political office in the US.
ARTICLE VII: Ratification
*The Constitution would officially be ratified and go into effect when 9 of the States had formally approved of it.
*Federal Courts
-Article III of the Constitution creates the nations court system.
-The nations court system includes the Supreme Court, lower federal courts, state courts, and local courts.
-All federal courts in the United States must be created by Congress.
-The President appoints all federal judges. A federal judge serves a term of life.
*Jurisdiction
-Jurisdiction is the right a court has to hear a case.
-Appellate jurisdiction is the right a court has to hear an appeal only after it has been heard by the court that had original jurisdiction in the case.
-Federal courts have jurisdiction in cases that involve the Constitution, any federal laws, treaties, cases involving foreign diplomats, and cases where the federal government is itself a party.
-The Supreme Court only has original jurisdiction in cases that affect Ambassadors, high-ranking government employees, and individual States. The Supreme Court is the highest court of appeals in the US.
-Any case can be appealed to the Supreme Court, however the Supreme Court does not have to hear all cases that are appealed to it. The Supreme Court chooses which cases it wishes to hear based on Constitutional importance.
*Treason
-The only crime specifically defined in the US Constitution is treason.
-Treason is a serious crime committed against the government by a US citizen. Crimes that are Constitutionally treasonous are waging war against the United States, aiding or comforting enemies of the United States, and providing enemies of the United States with any material or information that is classified or secret.
ARTICLE IV: The States
-Each State must honor the laws, records, and court decisions of all of the other States.
-Each State must give citizens of other States all the rights and privileges that it gives to its own citizens.
-When a person charged with a crime in one State is captured by the authorities in another State that person may be returned to the State where the crime was committed. This is called extradition.
-Only Congress can add new States to the Union.
-New States cannot be added by dividing or joining parts of existing States without the consent of the States involved and of Congress.
-All territories owned by the United States and property owned by the federal government will by governed by or sold by the federal government only with the consent of Congress.
-The federal government guarantees every State a representative form of government.
-The United States will protect all of the individual States from foreign invasion, and will come to the aid of any State during times of insurrection if the State requests the help.
ARTICLE V: The Amending Process
*Proposing Amendments: There are two ways to propose Amendments.
-2/3 of both houses of Congress may propose
amendments.
-Congress must call a convention if 2/3 of the state
legislatures request one to propose an amendment.
*Ratification of Amendments: Proposed amendments become part of the Constitution when approved by 3/4 of the States.
*The only thing in the Constitution that cannot be amended is each States right to two Senators.
ARTICLE VI: National Supremacy
*The Constitution, federal laws, and federal treaties are the supreme law of the land and take precedent over any of the State’s constitutions or laws. This is referred to as the supremacy clause.
*All federal and state legislators, executive officers, and judges must take an oath to support and uphold the Constitution of the United States of America.
*No religious requirement shall ever be necessary to qualify for any political office in the US.
ARTICLE VII: Ratification
*The Constitution would officially be ratified and go into effect when 9 of the States had formally approved of it.
Wednesday, October 24, 2007
October 24th
ARTICLE II: The Executive Branch
*ELECTIONS
-The President and Vice President are elected for a term of 4 years.
-The President and Vice President are elected by members of the Electoral College. Each state is assigned a number of electors equal to the number of Representatives and Senators it has in Congress. The people of each state vote for a set of electors to vote for a candidate in a presidential election. All of a states electoral votes go to the candidate who receives the most votes in that states election.
-Congress determines the dates and times for Presidential elections. Currently the people vote for the electors on the first Tuesday after the first Monday in November. The Electoral College casts their votes on the Monday after the second Wednesday in December.
*QUALIFICATIONS
-The President and Vice President must both be natural born American citizens.
-The President and Vice President must both be at least 35 years old.
-The President and Vice President must both be continuous residents of the United States for at least 14 years before running for office.
*VACANCY
-If the President dies, resigns, or is removed from office the Vice President shall become the President.
*SALARY
-The President is entitled to a salary for performing his duties. This salary is to be determined by Congress and cannot change during a President’s term. Currently the salary for the President is $200,000 a year, plus $50,000 a year for expenses related to his office, plus an additional $120,000 a year for travel and entertainment.
*POWERS OF THE PRESIDENT
-The President is the Commander-in-Chief of the US Armed Forces.
-The President has the power to form a cabinet of advisors to aid him in his duties.
-The President has the power to grant reprieves and pardons to anyone convicted of a crime.
-The President has the power to enter into treaties, appoint federal judges, and appoint ambassadors; however the Senate must approve of any appointments or treaties.
*DUTIES OF THE PRESIDENT
-The President must from time to time deliver to Congress a State of the Union address.
-During times of emergency the President can call Congress into session or order Congress to end their session.
-It is the Presidents duty to recognize the legitimacy of foreign governments. The President does this by accepting or rejecting formal meetings with foreign ambassadors.
*IMPEACHMENT
-The President, Vice-President, and all presidential appointees can be put on trial by the House of Representatives for the crimes of treason, bribery, or any other high crime or misdemeanor. Removal from office occurs if 2/3 of the Senate votes to convict on the charges.
*ELECTIONS
-The President and Vice President are elected for a term of 4 years.
-The President and Vice President are elected by members of the Electoral College. Each state is assigned a number of electors equal to the number of Representatives and Senators it has in Congress. The people of each state vote for a set of electors to vote for a candidate in a presidential election. All of a states electoral votes go to the candidate who receives the most votes in that states election.
-Congress determines the dates and times for Presidential elections. Currently the people vote for the electors on the first Tuesday after the first Monday in November. The Electoral College casts their votes on the Monday after the second Wednesday in December.
*QUALIFICATIONS
-The President and Vice President must both be natural born American citizens.
-The President and Vice President must both be at least 35 years old.
-The President and Vice President must both be continuous residents of the United States for at least 14 years before running for office.
*VACANCY
-If the President dies, resigns, or is removed from office the Vice President shall become the President.
*SALARY
-The President is entitled to a salary for performing his duties. This salary is to be determined by Congress and cannot change during a President’s term. Currently the salary for the President is $200,000 a year, plus $50,000 a year for expenses related to his office, plus an additional $120,000 a year for travel and entertainment.
*POWERS OF THE PRESIDENT
-The President is the Commander-in-Chief of the US Armed Forces.
-The President has the power to form a cabinet of advisors to aid him in his duties.
-The President has the power to grant reprieves and pardons to anyone convicted of a crime.
-The President has the power to enter into treaties, appoint federal judges, and appoint ambassadors; however the Senate must approve of any appointments or treaties.
*DUTIES OF THE PRESIDENT
-The President must from time to time deliver to Congress a State of the Union address.
-During times of emergency the President can call Congress into session or order Congress to end their session.
-It is the Presidents duty to recognize the legitimacy of foreign governments. The President does this by accepting or rejecting formal meetings with foreign ambassadors.
*IMPEACHMENT
-The President, Vice-President, and all presidential appointees can be put on trial by the House of Representatives for the crimes of treason, bribery, or any other high crime or misdemeanor. Removal from office occurs if 2/3 of the Senate votes to convict on the charges.
Tuesday, October 23, 2007
October 22-23
Section 4: Elections and Meetings
-Congressional elections are held the Tuesday after the first Monday in November in even numbered years. During congressional elections all 435 seats in the House are up for grabs, and one-third of all Senate seats are up for grabs.
-Section 4 of Article I also states that Congress must meet at least once every year. The 20th Amendment states that the date Congress is to meet will January 3rd.
Section 5: Organization and Rules of Congress
-Each house of Congress decides if its members are qualified to serve, and if the members were all properly elected. Both houses have the power to refuse to seat new members.
-In order to carry out congressional business, each house must have a majority present. Absent members can be forced to attend meetings of Congress.
-Each house sets its own rules. Can punish members for disorderly conduct, and can expel a member by a 2/3rds vote.
-Each house must keep an official record or journal of its meetings which must be published and made available to the public on a regular basis. The way that members of Congress vote on issues must be published and made public as well.
-Neither house of Congress may adjourn or relocate for more than 3 days without the approval of the other house.
Section 6: Privileges and Restrictions
-Members of Congress are to be paid for their duties by the federal government, not by the state they represent.
-No member of Congress can be sued or persecuted for anything they say on the floor of either house or in an official written publication.
-No member of Congress can be arrested while Congress is in session unless they are being charged with treason or other very serious crimes.
-Members of Congress can not hold any other government office while serving in Congress.
Section 7: Passing Laws
-Any bill that deals with money or taxes must originate in the House of Representatives.
-In order for a law to pass Congress, a simple majority in each House must vote for its approval.
-Once a bill passes Congress it is sent to the President. The President has a few options on what he can do with the bill:
1. The President can sign the bill into law.
2. The President can formally disapprove of the bill by vetoing it.
3. The President can do nothing. If the President does nothing the bill automatically becomes law after 10 days, excluding Sundays. If Congress adjourns before those 10 days are up the bill is automatically vetoed. This is called a pocket veto.
-If the President vetoes a bill it gets sent back to Congress. Congress then has the option to override the veto. In order to override a Presidential veto, both houses of Congress must approve the bill by a 2/3rds majority.
Section 8: Powers of Congress
*The US Constitution gives the Congress the following powers:
-Congress has the power to tax in order to raise funds for public purposes. Federal tax rates must be the same in every state.
-Congress has the power to borrow money by selling government bonds.
-Congress has the power to regulate interstate commerce.
-Congress has the power to determine and define the process of naturalization that immigrants must go through in order to become US citizens.
-Congress has the power to regulate the procedures people must go through to declare bankruptcy.
-Congress has the power to coin and mint currency.
-Congress has the power to set the standards of weights and measures.
-Congress has the power to define the punishments for counterfeiting US currency, stamps, bonds, and federal documents.
-Congress has the power to create a postal system.
-Congress has the power to set copyright, and patent rules.
-Congress has the power to create federal courts lower than the US Supreme Court.
-Congress has the power to define punishments for pirates.
-Congress, only congress, not the President or any other branch or department of the US government, has the power to declare war.
-Congress has the power to raise, support, and regulate the armed forces.
-Congress has the power to give the states the authority to raise, support, and regulate a National Guard in order to suppress insurrections, and repel invasions.
-Congress has the power to set a location for the national capitol. The national capitol shall not be a state, or be a part of a state. The capitol shall be a district under complete federal control.
-Congress has the power to create laws that the constitution does not directly give it the power to create. The powers that are listed in the Constitution are called expressed powers because they are expressed directly in the constitution. In order to carry out the expressed powers, the congress has other, implied powers that will help it carry out the expressed powers. This is called the elastic clause.
-Congressional elections are held the Tuesday after the first Monday in November in even numbered years. During congressional elections all 435 seats in the House are up for grabs, and one-third of all Senate seats are up for grabs.
-Section 4 of Article I also states that Congress must meet at least once every year. The 20th Amendment states that the date Congress is to meet will January 3rd.
Section 5: Organization and Rules of Congress
-Each house of Congress decides if its members are qualified to serve, and if the members were all properly elected. Both houses have the power to refuse to seat new members.
-In order to carry out congressional business, each house must have a majority present. Absent members can be forced to attend meetings of Congress.
-Each house sets its own rules. Can punish members for disorderly conduct, and can expel a member by a 2/3rds vote.
-Each house must keep an official record or journal of its meetings which must be published and made available to the public on a regular basis. The way that members of Congress vote on issues must be published and made public as well.
-Neither house of Congress may adjourn or relocate for more than 3 days without the approval of the other house.
Section 6: Privileges and Restrictions
-Members of Congress are to be paid for their duties by the federal government, not by the state they represent.
-No member of Congress can be sued or persecuted for anything they say on the floor of either house or in an official written publication.
-No member of Congress can be arrested while Congress is in session unless they are being charged with treason or other very serious crimes.
-Members of Congress can not hold any other government office while serving in Congress.
Section 7: Passing Laws
-Any bill that deals with money or taxes must originate in the House of Representatives.
-In order for a law to pass Congress, a simple majority in each House must vote for its approval.
-Once a bill passes Congress it is sent to the President. The President has a few options on what he can do with the bill:
1. The President can sign the bill into law.
2. The President can formally disapprove of the bill by vetoing it.
3. The President can do nothing. If the President does nothing the bill automatically becomes law after 10 days, excluding Sundays. If Congress adjourns before those 10 days are up the bill is automatically vetoed. This is called a pocket veto.
-If the President vetoes a bill it gets sent back to Congress. Congress then has the option to override the veto. In order to override a Presidential veto, both houses of Congress must approve the bill by a 2/3rds majority.
Section 8: Powers of Congress
*The US Constitution gives the Congress the following powers:
-Congress has the power to tax in order to raise funds for public purposes. Federal tax rates must be the same in every state.
-Congress has the power to borrow money by selling government bonds.
-Congress has the power to regulate interstate commerce.
-Congress has the power to determine and define the process of naturalization that immigrants must go through in order to become US citizens.
-Congress has the power to regulate the procedures people must go through to declare bankruptcy.
-Congress has the power to coin and mint currency.
-Congress has the power to set the standards of weights and measures.
-Congress has the power to define the punishments for counterfeiting US currency, stamps, bonds, and federal documents.
-Congress has the power to create a postal system.
-Congress has the power to set copyright, and patent rules.
-Congress has the power to create federal courts lower than the US Supreme Court.
-Congress has the power to define punishments for pirates.
-Congress, only congress, not the President or any other branch or department of the US government, has the power to declare war.
-Congress has the power to raise, support, and regulate the armed forces.
-Congress has the power to give the states the authority to raise, support, and regulate a National Guard in order to suppress insurrections, and repel invasions.
-Congress has the power to set a location for the national capitol. The national capitol shall not be a state, or be a part of a state. The capitol shall be a district under complete federal control.
-Congress has the power to create laws that the constitution does not directly give it the power to create. The powers that are listed in the Constitution are called expressed powers because they are expressed directly in the constitution. In order to carry out the expressed powers, the congress has other, implied powers that will help it carry out the expressed powers. This is called the elastic clause.
Friday, October 19, 2007
October 18-19
Article I The Legislative Branch
*Article I of the US Constitution creates and defines the legislative branch of government. Article I is broken into 10 sections.
Section 1: This section establishes the creation of a bicameral legislature called Congress. The upper house of Congress is called the Senate, and the lower house is called the House of Representatives. Section 1 gives Congress the power to make laws.
Section 2: The House of Representatives.
-Representatives are elected directly by the people every 2 years.
-Members of the House must be at least 25 years old and must be a citizen of the US for no less than 7 years.
-Each House member must be a resident of the state he or she represents.
-Representation in the House is proportional to the population of the state.
-Each State must have at least 1 Representative.
-Congress decides the size of the House; currently there are 435 members of the House of Representatives.
-If a vacancy occurs in the House, the governor of the state calls a special election to fill the open seat.
-The House makes its own rules, elects its own officers, and has the power to remove members from office through impeachment proceedings.
-The House has the sole power to impeach members of Congress, the executive branch, the legislative branch, and all people who are appointed to federal offices.
Section 3: The Senate
-Each state is guaranteed to have 2 Senators represent it in Congress. Currently there are 100 Senators. Each Senator has 1 vote in the Senate.
-Senators were originally chosen by state legislatures until the 17th Amendment was passed. Now, Senators are elected directly by the people.
-Members of the Senate are elected to serve a term that lasts 6 years.
-One must be at least 30 years old to be a Senator, be a US citizen for no less than 9 years, and must be a citizen of the State that he or she represents.
-The presiding officer of the US Senate is the Vice-President of the United States. The Vice-President is only allowed a vote in the Senate when there is a tie.
-In the absence of the Vice President, a member of the Senate, who is elected by the other Senators, serves as the presiding officer. The title of this Senator is president pro tempore of the Senate.
-The Senate makes its own rules, and elects its own officers.
-The Senate has the power to try all impeachment cases; in the event that person being impeached is the President of the United States, the Chief Justice of the Supreme Court presides over the trial.
*Article I of the US Constitution creates and defines the legislative branch of government. Article I is broken into 10 sections.
Section 1: This section establishes the creation of a bicameral legislature called Congress. The upper house of Congress is called the Senate, and the lower house is called the House of Representatives. Section 1 gives Congress the power to make laws.
Section 2: The House of Representatives.
-Representatives are elected directly by the people every 2 years.
-Members of the House must be at least 25 years old and must be a citizen of the US for no less than 7 years.
-Each House member must be a resident of the state he or she represents.
-Representation in the House is proportional to the population of the state.
-Each State must have at least 1 Representative.
-Congress decides the size of the House; currently there are 435 members of the House of Representatives.
-If a vacancy occurs in the House, the governor of the state calls a special election to fill the open seat.
-The House makes its own rules, elects its own officers, and has the power to remove members from office through impeachment proceedings.
-The House has the sole power to impeach members of Congress, the executive branch, the legislative branch, and all people who are appointed to federal offices.
Section 3: The Senate
-Each state is guaranteed to have 2 Senators represent it in Congress. Currently there are 100 Senators. Each Senator has 1 vote in the Senate.
-Senators were originally chosen by state legislatures until the 17th Amendment was passed. Now, Senators are elected directly by the people.
-Members of the Senate are elected to serve a term that lasts 6 years.
-One must be at least 30 years old to be a Senator, be a US citizen for no less than 9 years, and must be a citizen of the State that he or she represents.
-The presiding officer of the US Senate is the Vice-President of the United States. The Vice-President is only allowed a vote in the Senate when there is a tie.
-In the absence of the Vice President, a member of the Senate, who is elected by the other Senators, serves as the presiding officer. The title of this Senator is president pro tempore of the Senate.
-The Senate makes its own rules, and elects its own officers.
-The Senate has the power to try all impeachment cases; in the event that person being impeached is the President of the United States, the Chief Justice of the Supreme Court presides over the trial.
Monday, October 15, 2007
Journal 4
-On Friday Al Gore and the United Nations Intergovernmental Panel on Climate Change were awarded the Nobel Peace Prize for their work on the climate change crisis. Do you believe that a true international crisis exists? Explain why or why not.
If you believe the crisis exists then answer these following questions:
-What do you think should be done to help solve this crisis? How should the governments of the world get involved in solving this crisis?
-What do you do personally to try to avert this crisis? What things do you know of that normal people can do?
If you do not believe the crisis exists then answer these following questions:
-What reason or motives do you think Al Gore and the scientific community have for trying to stop a crisis that does not exist? Explain.
-Do you think that there is any sort of environmental crisis in the world today? Explain
If you believe the crisis exists then answer these following questions:
-What do you think should be done to help solve this crisis? How should the governments of the world get involved in solving this crisis?
-What do you do personally to try to avert this crisis? What things do you know of that normal people can do?
If you do not believe the crisis exists then answer these following questions:
-What reason or motives do you think Al Gore and the scientific community have for trying to stop a crisis that does not exist? Explain.
-Do you think that there is any sort of environmental crisis in the world today? Explain
Wednesday, October 10, 2007
TEST ON FRIDAY
There will be a test on all material given so far this year in notes on Friday, Oct 12, 2007.
October 10th
The Constitution of the United States of America
*The US Constitution is the oldest written constitution in the world. It was written in 1787, and was ratified by all 13 original States and in effect by 1789.
-The Constitution has three main sections: the preamble, the articles, and the amendments.
*The Preamble: This is a statement of goals for the nation. The framers of the constitution hoped that the document would fulfill the goals set forth for it in the opening statement: to form a more perfect union, establish justice, insure peace within our borders, be ready to defend our nation, promote the well being of all citizens, and to secure freedom for all Americans for all time.
*The Articles: There are seven articles in the constitution. The Articles basically outlines the structure of American government. Each branch of government and their powers and limitations are clearly defined, the amending process and the concept of federalism are explained.
*The Amendments: Many people believe that the best thing about our constitution is that it can be changed. Since 1789 the constitution has been changed only 27 times. The first 10 Amendments, the Bill of Rights, were all ratified by 1791, so in essence there are have only been 17 changes made over the past 215+ years. Amendments have been added for many different reasons: to insure civil rights, voting rights, and to further define the role of government is America.
-The Constitution has within it, six major principles: the concept of popular sovereignty, federalism, separation of powers, a system of checks and balances, the idea of judicial review, and the principle of limited government.
*Popular Sovereignty: The concept of popular sovereignty insures that the government is ultimately ruled by the people.
*Federalism: The constitution outlines a system in which the powers of government are divided between the national government, and the government of the states.
-Separation of Powers: The constitution insures that the powers of government are separated and distributed among the three branches. This is to insure that no one branch hold the power.
-Checks & Balances: In order to keep each branch honest, and to insure that each branch is carrying out its duties and responsibilities, each branch has certain powers, or checks over the other branches. This is to insure a balance of power within the federal government.
-Judicial Review: The most important check that any branch has belongs to the judicial branch. It is the responsibility of the judicial branch to insure that all the laws passed, and actions taken by the executive, and legislative branches are legal and within the boundaries of the Constitution.
-Limited Government: The Constitution lists the powers that the federal government has, and also describes powers that it doesn’t have, that may belong to the States, or to the individual
*The US Constitution is the oldest written constitution in the world. It was written in 1787, and was ratified by all 13 original States and in effect by 1789.
-The Constitution has three main sections: the preamble, the articles, and the amendments.
*The Preamble: This is a statement of goals for the nation. The framers of the constitution hoped that the document would fulfill the goals set forth for it in the opening statement: to form a more perfect union, establish justice, insure peace within our borders, be ready to defend our nation, promote the well being of all citizens, and to secure freedom for all Americans for all time.
*The Articles: There are seven articles in the constitution. The Articles basically outlines the structure of American government. Each branch of government and their powers and limitations are clearly defined, the amending process and the concept of federalism are explained.
*The Amendments: Many people believe that the best thing about our constitution is that it can be changed. Since 1789 the constitution has been changed only 27 times. The first 10 Amendments, the Bill of Rights, were all ratified by 1791, so in essence there are have only been 17 changes made over the past 215+ years. Amendments have been added for many different reasons: to insure civil rights, voting rights, and to further define the role of government is America.
-The Constitution has within it, six major principles: the concept of popular sovereignty, federalism, separation of powers, a system of checks and balances, the idea of judicial review, and the principle of limited government.
*Popular Sovereignty: The concept of popular sovereignty insures that the government is ultimately ruled by the people.
*Federalism: The constitution outlines a system in which the powers of government are divided between the national government, and the government of the states.
-Separation of Powers: The constitution insures that the powers of government are separated and distributed among the three branches. This is to insure that no one branch hold the power.
-Checks & Balances: In order to keep each branch honest, and to insure that each branch is carrying out its duties and responsibilities, each branch has certain powers, or checks over the other branches. This is to insure a balance of power within the federal government.
-Judicial Review: The most important check that any branch has belongs to the judicial branch. It is the responsibility of the judicial branch to insure that all the laws passed, and actions taken by the executive, and legislative branches are legal and within the boundaries of the Constitution.
-Limited Government: The Constitution lists the powers that the federal government has, and also describes powers that it doesn’t have, that may belong to the States, or to the individual
October 9th
*The Connecticut Compromise: Also called the Great Compromise, this plan kept many of the principles of the Virginia Plan but with enough changes to satisfy the small states. The principles of the the Connecticut Compromise are as follows:
1. A bicameral legislature that features a lower house with proportional representation, and an upper house with equal representation. All tax and money bills would, by law, originate in the lower house.
2. A strong national executive featuring a President.
3. A national judicial system.
*Three-Fifths Compromise: This compromise came about when faced with the question of how to count slaves for proportional representation and for tax purposes. Each slave would be counted as 3/5ths of a person for both.
Ratifying the Constitution
-After all the compromises had been made, and after all the delegates agreed on the final draft of the Constitution it had to be ratified, or formally approved of by each of the states, before it became law in each state. The convention delegates agreed that the Constitution would not go into effect until at least 9 of the states ratified it.
-The first state to ratify the constitution was Delaware on December 7, 1787.
-Pennsylvania was second to ratify the Constitution on December 12, 1787.
-The 9th state to ratify the Constitution and officially put it into effect was New Hampshire on June 21, 1788.
-The last of the original 13 states to ratify the Constitution was Rhode Island on May 29, 1790.
-The last state to ratify the Constitution was Hawaii on March 18, 1959.
-Although the Constitution officially went into effect when New Hampshire ratified it; it didn’t hold much weight because New York and Virginia were both among the four final states that had yet to ratify it.
Federalists vs. Anti-Federalists
-The core group of supporters of ratification were mainly the framers of the Constitution, many of these men were delegates that attended the convention. This group came to be known as the Federalists because of their support of a strong, central, (federal) government. The Federalists were strong in the 9 states that had ratified the Constitution.
-The group that emerged in opposition to the Constitution was called the Anti-Federalists. This group believed that a strong central government had the potential to become dangerous and abusive in use of their power. The Anti-Federalists were strong in Virginia and New York, two states that were desperately needed to provide the young United States with legitimacy and strength.
-In order to convince the Anti-Federalists in New York and Virginia that the new government would not abuse its power over the people, the Federalists agreed to amend the Constitution by adding a list of basic rights guaranteed to the people. The Anti-Federalist approved of this idea and the Constitution was ratified in New York and Virginia. Less than a year and a half after all 13 states had ratified the Constitution, 10 Amendments were added to the Constitution that came to be known as The Bill of Rights.
-The new government decided to build a new capital city halfway between Massachusetts and Georgia to be called the District of Columbia. New York City was chosen as the temporary capital until the District of Columbia was finished being built.
-After the Constitution went into effect, a Congress was elected, and on March 4, 1789 Congress met for the first time.
George Washington was elected first President; John Adams was elected Vice President, both were sworn in on April 30,1789.
1. A bicameral legislature that features a lower house with proportional representation, and an upper house with equal representation. All tax and money bills would, by law, originate in the lower house.
2. A strong national executive featuring a President.
3. A national judicial system.
*Three-Fifths Compromise: This compromise came about when faced with the question of how to count slaves for proportional representation and for tax purposes. Each slave would be counted as 3/5ths of a person for both.
Ratifying the Constitution
-After all the compromises had been made, and after all the delegates agreed on the final draft of the Constitution it had to be ratified, or formally approved of by each of the states, before it became law in each state. The convention delegates agreed that the Constitution would not go into effect until at least 9 of the states ratified it.
-The first state to ratify the constitution was Delaware on December 7, 1787.
-Pennsylvania was second to ratify the Constitution on December 12, 1787.
-The 9th state to ratify the Constitution and officially put it into effect was New Hampshire on June 21, 1788.
-The last of the original 13 states to ratify the Constitution was Rhode Island on May 29, 1790.
-The last state to ratify the Constitution was Hawaii on March 18, 1959.
-Although the Constitution officially went into effect when New Hampshire ratified it; it didn’t hold much weight because New York and Virginia were both among the four final states that had yet to ratify it.
Federalists vs. Anti-Federalists
-The core group of supporters of ratification were mainly the framers of the Constitution, many of these men were delegates that attended the convention. This group came to be known as the Federalists because of their support of a strong, central, (federal) government. The Federalists were strong in the 9 states that had ratified the Constitution.
-The group that emerged in opposition to the Constitution was called the Anti-Federalists. This group believed that a strong central government had the potential to become dangerous and abusive in use of their power. The Anti-Federalists were strong in Virginia and New York, two states that were desperately needed to provide the young United States with legitimacy and strength.
-In order to convince the Anti-Federalists in New York and Virginia that the new government would not abuse its power over the people, the Federalists agreed to amend the Constitution by adding a list of basic rights guaranteed to the people. The Anti-Federalist approved of this idea and the Constitution was ratified in New York and Virginia. Less than a year and a half after all 13 states had ratified the Constitution, 10 Amendments were added to the Constitution that came to be known as The Bill of Rights.
-The new government decided to build a new capital city halfway between Massachusetts and Georgia to be called the District of Columbia. New York City was chosen as the temporary capital until the District of Columbia was finished being built.
-After the Constitution went into effect, a Congress was elected, and on March 4, 1789 Congress met for the first time.
George Washington was elected first President; John Adams was elected Vice President, both were sworn in on April 30,1789.
Friday, October 5, 2007
Journal 3
View the following video and then answer the questions below.
http://www.hillaryclinton.com/video/2.aspx
-Regardless of your political affiliation, do you feel that America is ready for a female President? Why or why not?
-Do you think a female President would do things differently than a male? If so what do you think she'd do differently?
-Do you think the media, and Americans in general would view and treat a female President differently than they would a male? In what ways, and why?
http://www.hillaryclinton.com/video/2.aspx
-Regardless of your political affiliation, do you feel that America is ready for a female President? Why or why not?
-Do you think a female President would do things differently than a male? If so what do you think she'd do differently?
-Do you think the media, and Americans in general would view and treat a female President differently than they would a male? In what ways, and why?
October 5th
The Constitutional Convention
-In May of 1787 delegates from 12 of the 13 states (all but RI) met in Philadelphia to try to fix the problems caused by the ineffectiveness of the Articles of Confederation.
-The delegates of the convention unanimously chose George Washington to preside over all the meetings. They decided that each state would receive one vote on all questions that arose. They also decided that a simple majority vote was all that was needed for a proposal to pass.
-There were two major plans for government that were proposed during the convention:
*The Virginia Plan: James Madison, who eventually came to be known as the father of the constitution, wrote this plan. Madison’s plan was based on 3 main principles.
1. A strong national legislature with 2 chambers. The lower chamber would be elected by the people; each state’s representation would be proportional to the state’s population. The upper chamber would be chosen by the lower house.
2. A strong national executive who would be elected by the legislature.
3. A national judiciary to be appointed by the legislature.
*The New Jersey Plan: William Patterson wrote this plan. Patterson rejected Madison’s plan because he believed that the confederation should be preserved. He believed that a strong national legislature based on proportional representation would only benefit the larger states; states like New Jersey with small populations would lose the equal say in government that they enjoyed under the Articles of Confederation. The 4 main principles of the New Jersey Plan are as follows:
1. The major features of the Articles of Confederation would be left in place, most importantly the principle of a unicameral legislature with equal representation would be preserved.
2. Congress would be given the power to regulate trade and levy taxes.
3. A weak executive board would be elected by the legislature.
4. A national legislature with limited power would be appointed by the executive board.
-There were problems with both plans. The states with large populations rejected the New Jersey Plan, and the states with small populations rejected the Virginia Plan. Roger Sherman of Connecticut came up with a plan that pleased both the large states and the small states.
-In May of 1787 delegates from 12 of the 13 states (all but RI) met in Philadelphia to try to fix the problems caused by the ineffectiveness of the Articles of Confederation.
-The delegates of the convention unanimously chose George Washington to preside over all the meetings. They decided that each state would receive one vote on all questions that arose. They also decided that a simple majority vote was all that was needed for a proposal to pass.
-There were two major plans for government that were proposed during the convention:
*The Virginia Plan: James Madison, who eventually came to be known as the father of the constitution, wrote this plan. Madison’s plan was based on 3 main principles.
1. A strong national legislature with 2 chambers. The lower chamber would be elected by the people; each state’s representation would be proportional to the state’s population. The upper chamber would be chosen by the lower house.
2. A strong national executive who would be elected by the legislature.
3. A national judiciary to be appointed by the legislature.
*The New Jersey Plan: William Patterson wrote this plan. Patterson rejected Madison’s plan because he believed that the confederation should be preserved. He believed that a strong national legislature based on proportional representation would only benefit the larger states; states like New Jersey with small populations would lose the equal say in government that they enjoyed under the Articles of Confederation. The 4 main principles of the New Jersey Plan are as follows:
1. The major features of the Articles of Confederation would be left in place, most importantly the principle of a unicameral legislature with equal representation would be preserved.
2. Congress would be given the power to regulate trade and levy taxes.
3. A weak executive board would be elected by the legislature.
4. A national legislature with limited power would be appointed by the executive board.
-There were problems with both plans. The states with large populations rejected the New Jersey Plan, and the states with small populations rejected the Virginia Plan. Roger Sherman of Connecticut came up with a plan that pleased both the large states and the small states.
Tuesday, October 2, 2007
October 2nd
The Articles of Confederation
*After the United States formally seceded from Britain, the new nation needed to come up with a plan for a new government. In 1777 the Second Continental Congress appointed a committee to devise such a plan. The plan devised was called The Articles of Confederation; it was ratified and went into effect in March 1781.
-The goal of the Articles of Confederation was to create a league of friendship and cooperation between 13 newly created, sovereign states. The structure of government created by the Articles of Confederation was as follows:
*A unicameral legislature called congress
*There was to be no executive to lead the government, Congress would collectively make all decisions for the Confederation.
*There was to be no judiciary. Each state would have its own, independent court system. Disputes between the individual states that required legal remedy would be decided by Congress.
*Each state had equal representation in Congress regardless of population; each was entitled to one congressional vote.
*The Articles could be amended, but only with the approval of all 13 states.
-Congress was the focal point of this new system of government. The Articles of Confederation gave Congress the following ten powers:
1. The power to make war and negotiate peace.
2. The power to send and receive ambassadors to and from other nations.
3. The power to enter into treaties.
4. The power to raise and equip a navy.
5. The power to maintain an army by requesting troops from the states.
6. The power to appoint senior military officers.
7. The power to set the standards for weights and
measurements.
8. The power to regulate Indian affairs.
9. The power to establish and maintain post offices.
10. The power to settle disputes between the states.
-The Articles of Confederation accomplished what it set out to accomplish, a loose league of cooperation and friendship between the states. The Articles were, however, weak. The states were constantly embattled in legal disputes with each other; and the direction in which the states were going were rendering the Articles largely ineffective. There were 7 major weaknesses of the Articles of Confederation that led to their demise. These weaknesses were:
1. Congress had no power to levy or collect taxes. The government was usually always broke.
2. Congress had no power to regulate interstate or foreign trade; this led to financial quarrels between the states over tariffs and import/export regulations.
3. Congress had the power to pass laws but lacked any power to enforce the laws they had passed. The government was dependent on the states to enforce the laws, but the states often ignored the laws.
4. Nine of the thirteen states, or a seven-tenths majority, had to vote in favor of laws for them to pass. This made it extremely difficult for Congress to get anything accomplished.
5. Thirteen of the thirteen states had to vote in favor of amending the Articles of Confederation, this made changing the structure and purpose of government nearly impossible.
6. The lack of an executive branch created a power struggle for control over congress between 13 states, each wanting to be seen as the strongest and most influential state. Strong leadership was sorely missed in the confederation.
7. The lack of a national judiciary made it nearly impossible for any disputes between the states to be fairly decided by congress. Politics played a much too important role in how each state voted when voting to settle interstate disputes.
*The Articles of Confederation were failing the states. In May 1787 representatives of 12 of the 13 states (every state but Rhode Island) met in Philadelphia to decide how to fix the problems created by the Articles of Confederation. This meeting eventually came to be known as The Constitutional Convention.
*After the United States formally seceded from Britain, the new nation needed to come up with a plan for a new government. In 1777 the Second Continental Congress appointed a committee to devise such a plan. The plan devised was called The Articles of Confederation; it was ratified and went into effect in March 1781.
-The goal of the Articles of Confederation was to create a league of friendship and cooperation between 13 newly created, sovereign states. The structure of government created by the Articles of Confederation was as follows:
*A unicameral legislature called congress
*There was to be no executive to lead the government, Congress would collectively make all decisions for the Confederation.
*There was to be no judiciary. Each state would have its own, independent court system. Disputes between the individual states that required legal remedy would be decided by Congress.
*Each state had equal representation in Congress regardless of population; each was entitled to one congressional vote.
*The Articles could be amended, but only with the approval of all 13 states.
-Congress was the focal point of this new system of government. The Articles of Confederation gave Congress the following ten powers:
1. The power to make war and negotiate peace.
2. The power to send and receive ambassadors to and from other nations.
3. The power to enter into treaties.
4. The power to raise and equip a navy.
5. The power to maintain an army by requesting troops from the states.
6. The power to appoint senior military officers.
7. The power to set the standards for weights and
measurements.
8. The power to regulate Indian affairs.
9. The power to establish and maintain post offices.
10. The power to settle disputes between the states.
-The Articles of Confederation accomplished what it set out to accomplish, a loose league of cooperation and friendship between the states. The Articles were, however, weak. The states were constantly embattled in legal disputes with each other; and the direction in which the states were going were rendering the Articles largely ineffective. There were 7 major weaknesses of the Articles of Confederation that led to their demise. These weaknesses were:
1. Congress had no power to levy or collect taxes. The government was usually always broke.
2. Congress had no power to regulate interstate or foreign trade; this led to financial quarrels between the states over tariffs and import/export regulations.
3. Congress had the power to pass laws but lacked any power to enforce the laws they had passed. The government was dependent on the states to enforce the laws, but the states often ignored the laws.
4. Nine of the thirteen states, or a seven-tenths majority, had to vote in favor of laws for them to pass. This made it extremely difficult for Congress to get anything accomplished.
5. Thirteen of the thirteen states had to vote in favor of amending the Articles of Confederation, this made changing the structure and purpose of government nearly impossible.
6. The lack of an executive branch created a power struggle for control over congress between 13 states, each wanting to be seen as the strongest and most influential state. Strong leadership was sorely missed in the confederation.
7. The lack of a national judiciary made it nearly impossible for any disputes between the states to be fairly decided by congress. Politics played a much too important role in how each state voted when voting to settle interstate disputes.
*The Articles of Confederation were failing the states. In May 1787 representatives of 12 of the 13 states (every state but Rhode Island) met in Philadelphia to decide how to fix the problems created by the Articles of Confederation. This meeting eventually came to be known as The Constitutional Convention.
Spetember 25th Notes
The Birth of American Government
*Most citizens of Britain’s North American colonies happily considered themselves British first, and Pennsylvanians, Virginians, Georgians, etc, second. These colonists were proud of their British heritage and loyal to the British monarchy.
-Between 1754 and 1763 a war was fought between the French and the British in North America over control of land in Western Pennsylvania, and what is today Ohio. This war was known as the French & Indian War. The colonists fought loyally on the side of the British and the British went on to win this war. This war was long and drawn out, and even though the British won, it cost them many lives and an awful lot of money.
-British citizens back in Britain were expected to pay for this war by paying higher taxes. Taxes were raised so high that many British citizens could not afford to pay them. In an effort to pay the high war debt, Parliament decided to levy taxes for the first time on the colonies.
-In 1765 Parliament imposed the Stamp Act, this law taxed all paper goods bought and sold in the colonies. Parliament later expanded the Stamp Act by taxing sugar and glass as well.
-The colonists were not upset that they had to pay taxes; they realized that taxes were an unavoidable fact of life. What truly angered the colonists was that they were being taxed by a legislature that in no way allowed the colonies to be represented. Colonists started using the slogan “taxation without representation is tyranny.”
-In a sign of colonial unity, colonists in all 13 colonies protested these new taxes by imposing a boycott on all British goods. Eventually the boycott worked and Parliament was forced to repeal the Stamp Act.
-The British still needed colonial tax dollars so they replaced the Stamp Act by levying taxes on other goods, most notably tea.
-Parliament enacted a series of laws called the Intolerable Acts that were designed to punish the colonies for the boycott. These laws stripped some of the colonies of their tradition of self-government, disrupted trade in some of the colonies, and positioned troops in some of the larger colonial cities, Boston being one of them.
*The First Continental Congress: Representatives from all 13 colonies met in Philadelphia in September 1774 to discuss what to do about the new taxes and the Intolerable Acts. What was decided was for the colonies to enact an embargo. All trade with Great Britain was to completely cease, and no one was to buy any British products.
-King George’s, and Parliament’s reaction to the First Continental Congress was to declare the colonies to be in an active state of rebellion. On April 19,1775 British troops clashed with colonists in Lexington and in Concord Massachusetts; the Revolutionary war had begun.
*The Second Continental Congress: In April 1775 representatives from all 13 colonies again met in Philadelphia, this time they decided to issue colonial money, form an army and a navy, and name George Washington the commander of the new colonial military.
-Before all this took place there were many whispers of independence in the colonies, these whispers turned into screams, people actively campaigned for independence. The best selling book in the colonies was Common Sense by Thomas Paine; this pamphlet gave compelling arguments in favor of independence.
-Finally, in June of 1776 the Second Continental Congress voted to declare independence. A panel of 3 members, (Benjamin Franklin, John Adams, and Thomas Jefferson) were appointed by the Congress to draw up a formal declaration. Franklin and Adams left the writing of the declaration to Jefferson.
*Most citizens of Britain’s North American colonies happily considered themselves British first, and Pennsylvanians, Virginians, Georgians, etc, second. These colonists were proud of their British heritage and loyal to the British monarchy.
-Between 1754 and 1763 a war was fought between the French and the British in North America over control of land in Western Pennsylvania, and what is today Ohio. This war was known as the French & Indian War. The colonists fought loyally on the side of the British and the British went on to win this war. This war was long and drawn out, and even though the British won, it cost them many lives and an awful lot of money.
-British citizens back in Britain were expected to pay for this war by paying higher taxes. Taxes were raised so high that many British citizens could not afford to pay them. In an effort to pay the high war debt, Parliament decided to levy taxes for the first time on the colonies.
-In 1765 Parliament imposed the Stamp Act, this law taxed all paper goods bought and sold in the colonies. Parliament later expanded the Stamp Act by taxing sugar and glass as well.
-The colonists were not upset that they had to pay taxes; they realized that taxes were an unavoidable fact of life. What truly angered the colonists was that they were being taxed by a legislature that in no way allowed the colonies to be represented. Colonists started using the slogan “taxation without representation is tyranny.”
-In a sign of colonial unity, colonists in all 13 colonies protested these new taxes by imposing a boycott on all British goods. Eventually the boycott worked and Parliament was forced to repeal the Stamp Act.
-The British still needed colonial tax dollars so they replaced the Stamp Act by levying taxes on other goods, most notably tea.
-Parliament enacted a series of laws called the Intolerable Acts that were designed to punish the colonies for the boycott. These laws stripped some of the colonies of their tradition of self-government, disrupted trade in some of the colonies, and positioned troops in some of the larger colonial cities, Boston being one of them.
*The First Continental Congress: Representatives from all 13 colonies met in Philadelphia in September 1774 to discuss what to do about the new taxes and the Intolerable Acts. What was decided was for the colonies to enact an embargo. All trade with Great Britain was to completely cease, and no one was to buy any British products.
-King George’s, and Parliament’s reaction to the First Continental Congress was to declare the colonies to be in an active state of rebellion. On April 19,1775 British troops clashed with colonists in Lexington and in Concord Massachusetts; the Revolutionary war had begun.
*The Second Continental Congress: In April 1775 representatives from all 13 colonies again met in Philadelphia, this time they decided to issue colonial money, form an army and a navy, and name George Washington the commander of the new colonial military.
-Before all this took place there were many whispers of independence in the colonies, these whispers turned into screams, people actively campaigned for independence. The best selling book in the colonies was Common Sense by Thomas Paine; this pamphlet gave compelling arguments in favor of independence.
-Finally, in June of 1776 the Second Continental Congress voted to declare independence. A panel of 3 members, (Benjamin Franklin, John Adams, and Thomas Jefferson) were appointed by the Congress to draw up a formal declaration. Franklin and Adams left the writing of the declaration to Jefferson.
Thursday, September 27, 2007
September 27th
The Declaration of Independence
*The Second Continental Congress charged three men with coming up with a document that officially notified Britain of the colonies separation from the crown. The three men chosen to write this proclamation were different from each other in almost every ways.
-John Adams was middle aged, very serious, and from Massachusetts, one of the northernmost colonies; he was a brilliant attorney and he was very pessimistic about most things.
-Benjamin Franklin was an old man; he was a free thinker who enjoyed the finer things in life such as wine, women, and song. Franklin was from Pennsylvania, one of the Mid-Atlantic colonies. He was an inventor, a publisher, and a diplomat. Franklin was the eternal optimist who was often accused of being a dreamer
-Thomas Jefferson was a young man, only 33 years old; he was a logical and practical thinker, an intellectual in every way. Jefferson was a man of high standards but of weak will. He was extremely shy and reserved. He was from Virginia, one of the southern colonies. Jefferson made his living as a plantation owner, and as a lawyer. He was a brilliant writer. He was a visionary!
-Franklin and Adams were extremely smart men, smart enough to know and admit that Jefferson was the smartest of the bunch. The older Franklin and Adams charged Jefferson with the duty of writing the document on his own. Jefferson was given free reign to write whatever he chose. Franklin and Adams would help him make revisions and make suggestions about what should stay in, and be left out of the document. Jefferson based his writing partly on the writings of the French philosopher Voltaire and other famous thinkers, but mostly on the works of the British philosopher John Locke.
-The Declaration of Independence was a brilliantly written document not only in a political sense but also in a literary sense. The declaration was written in three parts.
1. Jefferson basically states Locke’s theory that all men are
created equal and have the natural rights to life, liberty,
and property. He asserts that the colonists share in these
rights.
2. Jefferson goes on to present Locke’s assertion that a
government’s duty is to serve the interests of the people.
He then goes into detail, listing many of the violations the
British government was guilty of against the colonies.
3. In the final part of the declaration, Jefferson declares that
the colonies are formally separated from the British crown;
the colonies are no longer colonies, they are 13 independent
states united for the purpose of defense, and economics.
-Jefferson’s declaration is nearly perfect in presentation, style, and force. He asserts the rights of the colonies, then gives specific examples of how these rights have been violated, and then uses the examples to justify our secession from the United Kingdom and asserts that the colonies will wage a war of revolution to change the way that they were being governed.
-Jefferson’s Declaration of Independence is one of the most influential documents in the history of the world. Many groups of people throughout history have used the Declaration of Independence as justification for revolution and rebellion. The first group of people, other than the colonists, to use the document as justification for revolution were the French. The French Revolution began merely 13 years after the writing of this document; The Declaration of Independence directly inspired the French Revolution.
*The Second Continental Congress charged three men with coming up with a document that officially notified Britain of the colonies separation from the crown. The three men chosen to write this proclamation were different from each other in almost every ways.
-John Adams was middle aged, very serious, and from Massachusetts, one of the northernmost colonies; he was a brilliant attorney and he was very pessimistic about most things.
-Benjamin Franklin was an old man; he was a free thinker who enjoyed the finer things in life such as wine, women, and song. Franklin was from Pennsylvania, one of the Mid-Atlantic colonies. He was an inventor, a publisher, and a diplomat. Franklin was the eternal optimist who was often accused of being a dreamer
-Thomas Jefferson was a young man, only 33 years old; he was a logical and practical thinker, an intellectual in every way. Jefferson was a man of high standards but of weak will. He was extremely shy and reserved. He was from Virginia, one of the southern colonies. Jefferson made his living as a plantation owner, and as a lawyer. He was a brilliant writer. He was a visionary!
-Franklin and Adams were extremely smart men, smart enough to know and admit that Jefferson was the smartest of the bunch. The older Franklin and Adams charged Jefferson with the duty of writing the document on his own. Jefferson was given free reign to write whatever he chose. Franklin and Adams would help him make revisions and make suggestions about what should stay in, and be left out of the document. Jefferson based his writing partly on the writings of the French philosopher Voltaire and other famous thinkers, but mostly on the works of the British philosopher John Locke.
-The Declaration of Independence was a brilliantly written document not only in a political sense but also in a literary sense. The declaration was written in three parts.
1. Jefferson basically states Locke’s theory that all men are
created equal and have the natural rights to life, liberty,
and property. He asserts that the colonists share in these
rights.
2. Jefferson goes on to present Locke’s assertion that a
government’s duty is to serve the interests of the people.
He then goes into detail, listing many of the violations the
British government was guilty of against the colonies.
3. In the final part of the declaration, Jefferson declares that
the colonies are formally separated from the British crown;
the colonies are no longer colonies, they are 13 independent
states united for the purpose of defense, and economics.
-Jefferson’s declaration is nearly perfect in presentation, style, and force. He asserts the rights of the colonies, then gives specific examples of how these rights have been violated, and then uses the examples to justify our secession from the United Kingdom and asserts that the colonies will wage a war of revolution to change the way that they were being governed.
-Jefferson’s Declaration of Independence is one of the most influential documents in the history of the world. Many groups of people throughout history have used the Declaration of Independence as justification for revolution and rebellion. The first group of people, other than the colonists, to use the document as justification for revolution were the French. The French Revolution began merely 13 years after the writing of this document; The Declaration of Independence directly inspired the French Revolution.
Friday, September 21, 2007
September 21st
Government in the Colonies
*Between 1607 and 1733 the British established 13 colonies along the Atlantic coast of North America. Each of these colonies were formed for different reasons, for example Massachusetts, Pennsylvania, and Maryland were founded by people seeking religious freedom; Virginia, Georgia, and New York were founded by people seeking economic prosperity. Each colony was very different from the others, however they all shared a very similar form of government. Because the British government and parliament were so far away from the colonies, the colonists were forced to govern themselves. Each colony had a government that included three features:
1. Each colony had a chief executive called a governor.
2. Each colony had a colonial legislature responsible for making laws.
3. Each colony had its own court system.
-These three branches of a colonies government each had its own powers that were different and separate from the other branches. This idea of a separation of powers becomes ingrained in the political psyche of the American colonists.
-Each colony governed itself separately from the other colonies, however the British government back in England still ultimately ruled each colony.
-The first colony to design a plan for self-government was Massachusetts. The original colonists of the Massachusetts Bay Colony were called the Pilgrims; the plan of government that they designed was designed before the pilgrims ever even reached the shores of Plymouth. The plan they came up with was called the Mayflower Compact.
-The first colony to come up with a formal, written constitution was Connecticut. This first of the colonial constitutions was adopted in 1639; it gave the male citizens of Connecticut the right to vote for the colonial governor and legislature.
*Between 1607 and 1733 the British established 13 colonies along the Atlantic coast of North America. Each of these colonies were formed for different reasons, for example Massachusetts, Pennsylvania, and Maryland were founded by people seeking religious freedom; Virginia, Georgia, and New York were founded by people seeking economic prosperity. Each colony was very different from the others, however they all shared a very similar form of government. Because the British government and parliament were so far away from the colonies, the colonists were forced to govern themselves. Each colony had a government that included three features:
1. Each colony had a chief executive called a governor.
2. Each colony had a colonial legislature responsible for making laws.
3. Each colony had its own court system.
-These three branches of a colonies government each had its own powers that were different and separate from the other branches. This idea of a separation of powers becomes ingrained in the political psyche of the American colonists.
-Each colony governed itself separately from the other colonies, however the British government back in England still ultimately ruled each colony.
-The first colony to design a plan for self-government was Massachusetts. The original colonists of the Massachusetts Bay Colony were called the Pilgrims; the plan of government that they designed was designed before the pilgrims ever even reached the shores of Plymouth. The plan they came up with was called the Mayflower Compact.
-The first colony to come up with a formal, written constitution was Connecticut. This first of the colonial constitutions was adopted in 1639; it gave the male citizens of Connecticut the right to vote for the colonial governor and legislature.
Thursday, September 20, 2007
September 20th
Roots of American Government
*The roots of American government are planted firmly in the political heritage of Great Britain. When the British started colonizing America in the early 17th century they brought along with them political traditions that had existed back in Britain for hundreds of years. The following things had a profound effect on the development of the type of government we enjoy in the United States today.
-The Magna Carta: In the year 1215 the British nobility forced King John to limit his power. King John signed away some of his power and the idea of an absolute monarchy was forever dead in Britain. King John agreed to protect the nobility from himself; he gave up his power to punish the nobles indiscriminately, he also guaranteed the nobility that he would protect their lives, and property.
-Parliament: After the Magna Carta was signed King John’s position was greatly weakened; the nobles that forced him to sign the document formed a legislative body called Parliament. Parliament could propose and pass laws with the Kings consent. The British Parliament originally had only one chamber made up of the nobility called the House of Lords. Over time, the King and the nobility saw their power erode away; a second chamber was added to Parliament that was made up of common people with no ties to the nobility, this chamber came to be known as the House of Commons. Today in Britain most of the power of government lies in the hands of the House of Commons.
-The English Bill of Rights: This document was enacted in 1689 by Parliament, it created a clear code that limited the power of the King even further than the Magna Carta, and guaranteed British citizens certain rights. The English Bill of Rights has 6 main points; they are as follows:
1. Monarchs do not have divine right to rule; they rule only with the consent of a Parliament that represents the people.
2. The monarch cannot levy taxes, suspend laws, or raise and maintain a military without the direct consent of Parliament.
3. The monarch cannot interfere with acts of Parliament, parliamentary debates, or parliamentary elections.
4. The people have the right to petition the government.
5. All people have a right to have a fair and speedy trial decided by a jury of their peers.
6. The people should not be subject to cruel or unusual punishment or excessive bails.
-The Ideas of John Locke: The English political and social philosopher John Locke has influenced American government more than any other individual. In his writings, the Two Treatises on Government and Civil Disobedience, Locke theorized that government was responsible to serve the needs of the people. Locke made the following points:
-All people are born free, equal, and independent.
-All people naturally possessed the rights to life, liberty, and the pursuit of property.
-Governments are created by the people to serve their needs.
-When a government stops serving the needs of the people, and when the government no longer protects the natural rights of the people, the people then have every right to change the government by any means necessary.
-Government is an agreement between the people and leaders, both parties are expected to live up to their end of the bargain.
*Some of the most famous believers and followers of Lockean theory were Thomas Jefferson, James Madison, and Benjamin Franklin. The ideas writings of John Locke are often referred to as the textbook of the American Revolution.
*The roots of American government are planted firmly in the political heritage of Great Britain. When the British started colonizing America in the early 17th century they brought along with them political traditions that had existed back in Britain for hundreds of years. The following things had a profound effect on the development of the type of government we enjoy in the United States today.
-The Magna Carta: In the year 1215 the British nobility forced King John to limit his power. King John signed away some of his power and the idea of an absolute monarchy was forever dead in Britain. King John agreed to protect the nobility from himself; he gave up his power to punish the nobles indiscriminately, he also guaranteed the nobility that he would protect their lives, and property.
-Parliament: After the Magna Carta was signed King John’s position was greatly weakened; the nobles that forced him to sign the document formed a legislative body called Parliament. Parliament could propose and pass laws with the Kings consent. The British Parliament originally had only one chamber made up of the nobility called the House of Lords. Over time, the King and the nobility saw their power erode away; a second chamber was added to Parliament that was made up of common people with no ties to the nobility, this chamber came to be known as the House of Commons. Today in Britain most of the power of government lies in the hands of the House of Commons.
-The English Bill of Rights: This document was enacted in 1689 by Parliament, it created a clear code that limited the power of the King even further than the Magna Carta, and guaranteed British citizens certain rights. The English Bill of Rights has 6 main points; they are as follows:
1. Monarchs do not have divine right to rule; they rule only with the consent of a Parliament that represents the people.
2. The monarch cannot levy taxes, suspend laws, or raise and maintain a military without the direct consent of Parliament.
3. The monarch cannot interfere with acts of Parliament, parliamentary debates, or parliamentary elections.
4. The people have the right to petition the government.
5. All people have a right to have a fair and speedy trial decided by a jury of their peers.
6. The people should not be subject to cruel or unusual punishment or excessive bails.
-The Ideas of John Locke: The English political and social philosopher John Locke has influenced American government more than any other individual. In his writings, the Two Treatises on Government and Civil Disobedience, Locke theorized that government was responsible to serve the needs of the people. Locke made the following points:
-All people are born free, equal, and independent.
-All people naturally possessed the rights to life, liberty, and the pursuit of property.
-Governments are created by the people to serve their needs.
-When a government stops serving the needs of the people, and when the government no longer protects the natural rights of the people, the people then have every right to change the government by any means necessary.
-Government is an agreement between the people and leaders, both parties are expected to live up to their end of the bargain.
*Some of the most famous believers and followers of Lockean theory were Thomas Jefferson, James Madison, and Benjamin Franklin. The ideas writings of John Locke are often referred to as the textbook of the American Revolution.
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