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.

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.

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.

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.