María Álava

Mr. Buckles

Civics

26/ 5/ 2023

Study Guide

Influential Documents- What role have they played in the formation of the Constitutional

Republic

● Bible

The Bible has had a significant influence on the formation of the constitutional republic in
various ways. While it is important to note that the United States Constitution is a secular
document, the principles and ideas found in the Bible have shaped the moral, ethical, and
philosophical framework that influenced the founding fathers.

- Moral and Ethical Foundation: The Bible has provided a moral and ethical foundation
that influenced the values and principles upon which the constitutional republic was built.
Many of the founders were deeply religious and saw the Bible as a guide for individual
conduct and societal morality. They believed that a virtuous and moral citizenry was
essential for the success of a self-governing society.

- Natural Law: The concept of natural law, which posits that there are certain inherent
rights and principles that are universally valid, can be traced back to biblical teachings.
The idea that all individuals possess inherent rights, such as life, liberty, and the pursuit
of happiness, is rooted in the biblical notion of the dignity and worth of every human
being. This understanding of natural law influenced the Declaration of Independence and
the subsequent development of constitutional principles.

- Limited Government: The Bible emphasizes the limitations of human power and
authority, advocating for the idea that rulers should be subject to higher laws and
principles. This idea of limited government and the separation of powers is reflected in
the constitutional framework, which establishes checks and balances to prevent the abuse
of power.

- Equality and Justice: The biblical teachings of equality and justice have played a role in
shaping the constitutional republic. The concept that all individuals are equal in the eyes
of God and should be treated fairly and justly has influenced the development of equal
protection under the law and due process rights enshrined in the Constitution.
 - Freedom of Religion: The Bible's teachings on religious freedom have had an impact on
the constitutional protection of this right. The First Amendment of the Constitution
guarantees the freedom of religion, which reflects the founders' belief in the importance
of religious liberty and the idea that individuals should have the right to worship
according to their conscience.

It is important to recognize that the founding fathers drew from various philosophical and
intellectual sources when crafting the constitutional republic. While the Bible played a role in
shaping their worldview and values, it was not the sole influence on the formation of the
constitutional framework. The founders also drew inspiration from Enlightenment thinkers,
classical political theory, and their own experiences with British governance.

● Common law
Common law
- Based on precedent, custom, and interpretation
- The judge can interpret laws
- Ownership is established by the use
- Innocent until proven guilty
- Contracts tend to be longer, more detailed
- Contract performance except for Acts of God
- More adversarial/ more lawsuit
Civil law
- Based on written codes and detailed laws
- A judge can apply laws
- Ownership established by registration
- Guilty until proven innocent
- Contract performance has “Acts of God” which include unforeseeable acts
- Less adversarial/ less lawsuits

How did the Common Law develop?

- The common law developed in England from the reign of Henry II and its based on
precedent.
What are the key elements of Due Process?
- Formal accusation
- Right of the defendant to call witnesses
- Right to not be forced to be a witness against himself
- Right of a jury trial
- Right to play a role in the choice of his jurors
- Presumption of innocence until proven guilty.
What are the details around the selection of a Jury?
- A verdict for them to issue
- Their vote must be unanimous
- “Twelve good men”
- Follow the instructions of the judge
How are Criminal Cases and Civil Cases different?
Criminal Cases:
 - State vs person
- Punishment is time
- Juries involved

Civil Cases:
- Person vs person
- Punishment is monetary compensation
- Juries are less common

What is the role of Precedent in legal cases?

They are seen as the most authoritative evidence of a custom and are held to have the
force of the law because of the principle of natural justice that similar cases ought to be similarly
decided.

- Precedent: One of the defining features of common law is the principle of stare decisis,
which means "to stand by things decided." Under this principle, courts are bound by
previous decisions or precedents in similar cases. Precedents form the basis for future
decisions and provide consistency and predictability in the legal system.
- Flexibility: Common law is known for its flexibility and adaptability. It allows judges to
consider the unique circumstances of each case and make decisions based on fairness,
justice, and common sense. This flexibility enables the law to evolve and respond to
changing societal needs and values.
- Legal System Structure: Common law systems typically have a hierarchical structure of
courts. Higher courts, such as appellate or supreme courts, have the authority to interpret
and modify the law, while lower courts are bound by their decisions.

● Mayflower Compact
- Sense of precedent
- Why have government?
- How will they organize themselves?
- Collective civil government
- Clarity of who they´re serving and how they’re going to serve
- Submission and obedience
- Scripture is present= loyalty to the king and to God
The Mayflower Compact is considered a significant historical document as it represents an early
example of self-governance and the establishment of a democratic framework in colonial
America. It laid the groundwork for the development of representative government in future
American colonies and had an influence on the later formation of the United States.
- Historical Context: The Mayflower Compact was drafted by a group of English Pilgrims
who were seeking religious freedom. They had sailed across the Atlantic Ocean aboard
the Mayflower and landed in Plymouth, Massachusetts, which was outside the
jurisdiction of the existing Virginia Company charter.

- Purpose: The Pilgrims recognized the need for a governing document to establish order
and prevent potential conflicts among the diverse group of settlers. The Mayflower
Compact served as a social contract and a framework for self-governance.
 - Consent and Authority: The document begins by acknowledging the authority of King
James I of England and his grant of permission to establish a settlement. It then
emphasizes that the agreement is made by the consent of the settlers, stating, "Having
undertaken, for the Glory of God, and advancements of the Christian faith ... do by these
presents solemnly and mutually, in the presence of God, and one another, covenant and
combine ourselves together into a civil body politic."

- Purpose of Government: The Mayflower Compact states that the settlers' primary
objective is to advance the Christian faith and their collective well-being. It expresses
their intent to establish a just and equal society, with laws and ordinances that promote
the general good of the community.

What was their first action mentioned in the Compact?

- To combine themselves into a civil body
- “Advancement of the Christian faith”
- A Voyage to plant the first Colony in the northern parts of Virginia
What was the purpose of this action?
- To advance the Christian faith/ spread the word of God
What were they planning to enact?
- To combine themselves into a civil body
What was the goal of those enactments?
- To have order and preservation as well as equal and just laws for the good of the colony.
How then would the Mayflower Compact be significant in the development of governance in this
region of the “New World”?
- It would be significant because it became the basis for all future governments and the
laws established within it. In other words, it would become the prototype government.

● Declaration of Rights
- Ideals of enlightenment
- Some authors of there were authors of US
- First elaboration of enlightenment thinking

Constitution & Bill of Rights

● Preamble
What are the sex objectives of the Preambke and what do they mean?
1. Form a more perfect union
- To create a nation where the States are United and together
2. Establish Justice
- To be fair and just with the rules ad laws that are created
3. Insure domestic Inequality
- Ensure peace in the nation between the States
4. Provide for the common defense
- Protect the nation against foreign attacks
5. Promote the general Welfare
- BE concerned of the public good and well-being of the citizens like their safety
 6. Secure the blessings of liberty
- Ensure the freedom of the citizens

● Articles
Article 1: The Legislative Branch
- Congress (Senate House of Representatives)
- Senate and how it's organized & what powers it has
- Congress and its rules of powers & limitations
Article II: The Executive Branch
- The executive power(presidents, # of electors and senators, representatives)
- How the elections work and qualifications
- The power, responsibilities, and duties of the president and what happens if their
standards are broken
Article III: The Judicial Branch
- The structure of the federal court
- The federal courts and federal laws that restrict powers
- Conviction and punishment for treason against the US
Article IV: Relations among the states
- How the full faith and Credit should be given and proved
- The Rights of the State Citizens and the Rights and Rules of Extradition
- The rules/ protocols for admitting a new state and how the government is guaranteed in
each state
Article V: Amendment procedures
- The amendments need to be proposed by ⅔ vote of the States
- The amendments then need to be ratified by ¾ of State conventions or legislature
Article VI: Supremacy of the Constitution and federal law
- Debts before the implementation of the Constitution are valid against the US
- The constitution and treaties are the supreme law of the land
- The Senators, Representatives, and other individuals of state and US government are
bound by oath to support the constitution
Article VII: Ratification
- The ratification of the Constitution of nine states is enough to establish this mentioned
constitution.

● Amendments
First Amendment: Protects the freedoms of speech, religion, press, assembly, and the right to
petition the government.

Second Amendment: Ensures the right of individuals to bear arms and maintain a well-regulated
militia.

Third Amendment: Prohibits the government from quartering soldiers in private homes during
peacetime without the owner's consent.

Fourth Amendment: Protects against unreasonable searches and seizures and establishes the
requirement for warrants issued upon probable cause.
Fifth Amendment: Guarantees various rights, including protection against self-incrimination,
double jeopardy, and deprivation of life, liberty, or property without due process of law.

● Bill of Rights
1. Who is limiting who in the Bill of Rights?
The government is limiting government
2. Which Amendment is most open to interpretation?
The First Amendment because it is very broad and therefore could imply that there is also
freedom of hate speech or incitement of violence.
3. Where is Common Law seen?
It is seen in the 7th Amendment because it is supporting the laws established by the court by
granting the right to a jury
4. Where are Natural Rights seen?
Although natural right is not seen explicitly, it still implies rights granted by nature. For example,
the first amendment protects the freedom of speech, religion, etc which is based on the worth of
each person. The second amendment which protects the right to bear arms suggests self-defense.
The 4th amendment ensures that each person feels safe in their house.
5. How does the Bill of Rights address contemporary legal questions?
The 1st amendment is still applicable, especially with social media and platforms that relate to
speech. The 2nd amendment is still an ongoing debate. The 8th amendment addresses cruel
punishments which englobe the death penalty. Overall, the Bill of Rights is still the base for
many of the current laws in the legal system.
6. Why is the 10th AMendment important?
It is important because it balances state government and federal government, meaning that each
government has a distinct role, yet they work together to ensure the common good and respect
the needs of the people.

First Amendment: Freedom of speech, religion, press, assembly, and the right to petition the
government.
Second Amendment: Right to bear arms and maintain a well-regulated militia.
Third Amendment: Protection against quartering of soldiers in private homes during peacetime.
Fourth Amendment: Protection against unreasonable searches and seizures; requirement of
warrants issued upon probable cause.
Fifth Amendment: Protection against self-incrimination, double jeopardy, and deprivation of life,
liberty, or property without due process of law.
Sixth Amendment: Right to a fair and speedy trial, including the right to legal counsel, an
impartial jury, and the ability to confront witnesses.
Seventh Amendment: Right to a jury trial in civil cases where the value in controversy exceeds
$20.
Eighth Amendment: Protection against excessive bail, fines, and cruel and unusual punishment.
Ninth Amendment: Recognition that the enumeration of rights in the Constitution does not deny
or disparage other rights held by the people.
Tenth Amendment: Reserves powers not delegated to the federal government to the states or the
people.
 ● How Amendments are made?
Amendments to the United States Constitution can be made through a specific process outlined
in Article V of the Constitution. The process involves two primary steps: proposal and
ratification. Here's an overview of how amendments are made:

Proposal:

Method 1: Two-thirds (2/3) of both houses of Congress (the House of Representatives and the
Senate) vote in favor of the proposed amendment. This is the most common method used for
proposing amendments.
Method 2: Two-thirds (2/3) of the state legislatures request Congress to call a national
convention to propose amendments. Although this method has never been used to propose an
amendment, it is an alternative method specified in the Constitution.
Ratification:

Method 1: Three-fourths (3/4) of the state legislatures approve the proposed amendment. State
legislatures can ratify an amendment through a vote by the state lawmakers.
Method 2: Three-fourths (3/4) of state conventions approve the proposed amendment. In this
method, special state conventions are called to vote on the proposed amendment. This method
has only been used once for the ratification of the Twenty-First Amendment, which repealed
Prohibition.
The specific method of ratification (legislative approval or state conventions) is determined by
Congress when proposing the amendment. Once the required number of states has ratified the
amendment, it becomes part of the Constitution.

It's worth noting that the process for amending the Constitution is intentionally rigorous to
ensure that amendments reflect broad consensus and are not easily changed. Since the adoption
of the Constitution, there have been 27 amendments, with the first ten collectively known as the
Bill of Rights.

● Separation of Powers
Legislative Branch (Congress):
- Composed of two houses: the House of Representatives and the Senate.
- Makes federal laws and has the power to propose, debate, and pass legislation.
- Controls the nation's finances, including the power to levy taxes, borrow money, and
allocate funds.
- Oversees and regulates various aspects of government, such as commerce, defense, and
foreign policy.
- Confirms presidential appointments and has the authority to impeach and remove the
President or other federal officials.

Executive Branch (President and Administration):

- Headed by the President, who is elected by the people and serves as the chief executive
of the nation.
- Enforces federal laws and executes policies established by Congress.
- Serves as the commander-in-chief of the armed forces.
 - Negotiates treaties with foreign nations (subject to Senate approval) and represents the
United States internationally.
- Appoints federal officials, including judges, ambassadors, and cabinet members, with
Senate confirmation.

Judicial Branch (Federal Courts, including the Supreme Court):

- Interprets and applies the law, including the Constitution, through the court system.
- Settles legal disputes and ensures the consistency and fairness of legal decisions.
- Reviews the constitutionality of laws and executive actions.
- Consists of federal courts at different levels, with the Supreme Court being the highest
appellate court in the country.
- Justices are appointed by the President and confirmed by the Senate, serving for life or
until retirement.
 ● Checks and balances
- Each branch has the power to influence and monitor the others, preventing any one
branch from becoming too dominant.
- The system of checks and balances encourages cooperation, negotiation, and compromise
among the branches.
- The Constitution outlines the powers and limitations of each branch, defining the scope
of its authority and preventing any one branch from exceeding its constitutional limits.
By implementing a system of checks and balances, the U.S. government aims to prevent the
abuse of power, protect individual rights, and ensure that no single branch becomes overly
powerful or unaccountable.

● Enumerated and Implied Powers

Enumerated Powers:
Enumerated powers are the specific powers explicitly granted to the federal government by the
United States Constitution.
- These powers are listed in Article I, Section 8 of the Constitution and provide Congress
with the authority to legislate in certain areas.
Examples of enumerated powers include the power to:
- Collect taxes and regulate commerce.
- Coin money and establish post offices.
- Declare war and raise and support the military.
- Establish federal courts and make laws necessary and proper for carrying out these
powers.
 Implied Powers:
Implied powers are powers not explicitly stated in the Constitution but are reasonably inferred
from the enumerated powers.
- Implied powers are derived from the Necessary and Proper Clause, also known as the
Elastic Clause, found in Article I, Section 8 of the Constitution.
- The Necessary and Proper Clause grants Congress the authority to make laws that are
necessary and proper to carry out its enumerated powers effectively.
- Implied powers allow the federal government to adapt to changing circumstances and
address issues that the framers of the Constitution may not have foreseen.
Examples of implied powers include the power to:
- Create a national bank to manage the nation's finances (McCulloch v. Maryland, 1819).
- Regulate interstate commerce, including the regulation of businesses operating across
state lines (Gibbons v. Ogden, 1824).
- Establish agencies and departments necessary to carry out the functions of the federal
government.
The distinction between enumerated powers and implied powers is essential for understanding
the scope of authority granted to the federal government. While enumerated powers are explicitly
listed in the Constitution, implied powers are derived from those enumerated powers and allow
for flexibility in governance.

● Who has all the power all the time?

Appeals process
- How you appeal
- Written process for writ certiorari
- Supreme court may NOT ask for cases
- Key part for checks and balances
(Essence for common law)
➢ Makes sure that they don’t have all the power all the time
○ People have to ask the court to have their cases
No single entity or individual holds all the power all the time in the US government due to the
system of checks and balances and the separation of powers among the legislative, executive,
and judicial branches. The distribution of power is designed to prevent concentration and
promote a balance of authority within the government.

Article 1- Legislative branch

● Bicameralism
- Distinct roles and powers
- House of Representatives: re-election every 2 years
- Senate: 6-year term, state, 2 per state
Bicameralism in the US government refers to the practice of having two separate chambers or
houses within the legislative branch. Specifically, it involves the existence of the House of
Representatives and the Senate. Each chamber has its own functions and powers, and legislation
must typically pass through both houses before becoming law. Bicameralism helps ensure
representation from different perspectives and provides a system of checks and balances within
the legislative process.
 ● Arguments for Legislative Supremacy
- Each power 33%, 33% and legislative: 34%
- (best reflection of preamble)
- House of Representatives is elected every 2 years. Closest to people
* you can get reelected

Legislature: created in article 1 (start with favorites)

● Apportionment

Apportionment in the US government refers to the process of allocating seats or representation in

the House of Representatives among the states based on population. Every ten years, after the
decennial census, the seats in the House are redistributed to reflect changes in population. The
goal is to ensure that each state has proportional representation based on its population size. This
process helps maintain fairness and equal representation in the legislative branch, allowing for
accurate representation of the people across different states. 435.

● Senate & House of Representatives

The Senate and the House of Representatives are the two main parts of the legislative branch of
the United States government. They make up the U.S. Congress and are responsible for creating
and passing laws.

The Senate is made up of 100 senators, with each state having two senators. Senators are elected
by the people of their respective states and serve six-year terms. The Senate is often seen as the
upper chamber of Congress. Its main purpose is to represent the interests of the states as a whole.

The House of Representatives, on the other hand, is made up of 435 members, with the number
of representatives for each state determined by its population. Representatives are elected by the
people of their specific congressional districts and serve two-year terms. The House is often
referred to as the lower chamber of Congress. Its main purpose is to represent the interests of the
people at a more local level.

Both the Senate and the House of Representatives have specific powers and responsibilities.
They work together to propose, debate, and pass bills, which can become laws if approved by
both chambers and signed by the President. The Senate also has the power to approve or reject
appointments made by the President, such as cabinet members or Supreme Court justices. The
House of Representatives has the power to initiate revenue-raising bills.

➔ Powers and Responsibilities: The Constitution grants certain exclusive powers to each
house. The Senate has the power to approve presidential appointments, such as cabinet
members and federal judges, and to ratify treaties. The House has the power to initiate
revenue-raising bills, including the federal budget.
➔ Leadership and Representation: The Senate is often seen as a more deliberative body,
with greater individual power for each senator. The Vice President of the United States
serves as the President of the Senate and has the tie-breaking vote if needed. In the House
 of Representatives, the Speaker of the House is the presiding officer and a key leadership
position.

● Advise & Consent

- It means oversight
- Legislative branch has power over the executive branch
- (checks and balances)= multiple powers involved

● Power of the purse

- If $ is spent, it starts with the House of Representatives
- HOR has power to impeach(process to remove them)
* president is actually elected by the states

The "power of the purse" refers to the constitutional authority of the legislative branch,
specifically the House of Representatives, to control and allocate government funds. It is a
significant power granted to Congress by the U.S. Constitution and serves as a crucial check on
the executive branch's spending and financial decisions.

The power of the purse gives the House of Representatives, as the chamber responsible for
initiating revenue-raising bills, the authority to decide how public funds are collected and
allocated. This includes the ability to approve, modify, or reject the federal budget proposed by
the President.

➔ Impeachment is a constitutional process to remove certain government officials

from their positions.
➔ It can be initiated against the President, Vice President, federal judges, and other
civil officers.
➔ Impeachment begins in the House of Representatives, where articles of
impeachment are drafted and voted upon.
➔ If a majority of the House votes to impeach, the official is formally charged with
specific misconduct.
➔ The articles of impeachment are then sent to the Senate for a trial.

● Theories of Representation

Trustee Model:

- Person is trusted to make decisions to the best of their abilities

Delegate Model:

- A person is delegated to express the will of the people

 ● Bill
What makes a good law?
- Constitutionality: A good law must be consistent with the provisions and principles
outlined in the United States Constitution. It should not violate any constitutional rights
or protections.

- Clarity and Precision: Laws should be written in a clear, precise, and understandable
manner. This helps ensure that individuals, including citizens, legal professionals, and
law enforcement officials, can interpret and apply the law accurately.

- Fairness and Equity: Laws should promote fairness and equity, treating all individuals
equally under the law. They should not discriminate based on factors such as race,
gender, religion, or socioeconomic status.

- Public Interest: Laws should serve the public interest and advance the well-being of
society as a whole. They should address significant societal issues, protect public safety,
promote justice, and uphold the common good.

- Effectiveness and Efficiency: A good law should be effective in achieving its intended
purpose. It should be capable of producing the desired outcomes and addressing the
problem it seeks to solve. Additionally, laws should be efficient, striking a balance
between the burden they place on individuals or businesses and the benefits they provide.

- Consistency and Coherence: Laws should be consistent with other existing laws and
form a coherent legal framework. They should not contradict or create confusion with
previously established laws or legal principles.

- Accountability and Enforcement: A good law should establish clear mechanisms for
enforcement and accountability. It should define the responsibilities of relevant
authorities and specify penalties or consequences for non-compliance.

- Stakeholder Engagement: In a democratic system, involving stakeholders, such as

experts, affected communities, and interest groups, in the lawmaking process can lead to
better-informed and more inclusive laws. Seeking input and considering diverse
perspectives can help identify potential issues, unintended consequences, and alternative
solutions.

- Adaptability: Laws should be adaptable to changing circumstances and societal needs.

They should be periodically reviewed, updated, and revised as necessary to remain
relevant and effective.

- Judicial Review: Laws should be subject to judicial review by the courts. This ensures
that they are consistent with constitutional principles and provides a mechanism to
challenge laws that are deemed unconstitutional or unjust.
 ● Incentive
- TAX CREDIT:
A tax credit is a financial incentive provided by the government to encourage certain behaviors
or activities. It works by reducing the amount of tax owed by an individual or business. Tax
credits can be targeted towards specific areas such as renewable energy investments, research
and development, education, or hiring certain groups of workers. By providing tax credits, the
government aims to incentivize and promote desirable actions or investments that benefit the
economy or society.
- REMOVAL OF BARRIERS
The removal of barriers refers to the elimination of obstacles or restrictions that impede certain
activities or behaviors. These barriers can be bureaucratic, legal, or regulatory in nature. By
removing these barriers, the government creates a more favorable environment for individuals or
businesses to engage in particular actions. For example, reducing unnecessary licensing
requirements or simplifying permit processes can encourage entrepreneurship and economic
growth.

● Disincentive
- TAX
Taxes are compulsory payments imposed by the government on individuals and businesses to
fund public expenditures and services. Taxation can act as a disincentive by increasing the cost
of certain behaviors or activities. For example, higher taxes on tobacco products aim to
discourage smoking by making cigarettes more expensive.
- PENALTIES
Tax penalties are financial consequences imposed by the government as a result of
non-compliance with tax laws. They are meant to discourage individuals or businesses from
engaging in prohibited actions or practices. For instance, tax penalties may be applied for late
filing or underreporting of income. By imposing penalties, the government seeks to deter
non-compliant behavior and encourage adherence to tax regulations.

In summary, incentives such as tax credits and the removal of barriers aim to encourage
and promote desired actions or investments by providing financial benefits or eliminating
obstacles. On the other hand, disincentives such as taxes and penalties aim to discourage specific
behaviors or practices by increasing costs or imposing financial consequences. These tools are
used by governments to shape individual and business behavior, promote certain objectives, and
ensure compliance with laws and regulations.

● Debate/ decorum
Debate and decorum are two interconnected concepts that are often associated with formal
discussions, particularly in parliamentary settings and deliberative bodies.

DEBATE
- Debate refers to the structured and orderly discussion of different viewpoints or
arguments on a specific topic. It involves presenting and defending one's position,
questioning and challenging opposing viewpoints, and providing evidence and reasoning
to support arguments. Debates are an essential component of democratic processes and
 decision-making, allowing for the exchange of ideas, the exploration of various
perspectives, and the search for common ground or consensus

DECORUM
- Decorum refers to the behavior and conduct expected of participants in formal settings,
such as legislative chambers, courts, or other deliberative forums. It encompasses
respectful and professional behavior, adhering to norms and etiquette appropriate for the
context. Decorum helps maintain an atmosphere of respect, dignity, and professionalism
during debates.

● Veto Override
A veto override is a legislative process that allows lawmakers to pass a bill into law despite a
veto by the executive branch, typically the President at the federal level or the governor at the
state level. Here's how it works:

- Passing a Bill: Lawmakers in the legislative branch, such as the U.S. Congress or a state
legislature, propose and pass a bill. This bill represents a proposed law.

- Presidential or Gubernatorial Veto: After the bill is passed by the legislature, it is sent to
the executive branch, where the President or governor reviews it. If the President or
governor disagrees with the bill and does not want it to become law, they can exercise
their veto power. Vetoing the bill means rejecting it and preventing it from becoming law.

- Veto Override: If the bill receives a veto, the legislature has the opportunity to override
the veto and still make the bill into law. To override a veto, there is usually a specified
process outlined in the constitution or laws of the governing body.

- Legislative Vote: In order to override the veto, the legislature holds a vote, usually
requiring a two-thirds majority in both houses (e.g., the Senate and the House of
Representatives). If the required majority of legislators votes in favor of overriding the
veto, the bill becomes law, overriding the executive's objection.

- Enacting the Bill: Once the veto is overridden, the bill is considered enacted as law,
despite the initial veto. It then proceeds to be implemented and enforced as any other law.

Artice II- Executive Branch

The second article of the United States Constitution establishes the executive branch of the
federal government, including the roles, responsibilities, and powers of the President. Here is a
simplified summary of the second article in bullet points:

- The President is the head of the executive branch and serves as the leader of the nation.
- The President is elected by the Electoral College, which is made up of electors chosen by
each state.
- The President's term of office is four years.
- The President must be a natural-born citizen of the United States, at least 35 years old,
and a resident of the country for at least 14 years.
 - The President takes an oath to preserve, protect, and defend the Constitution of the
United States.
- The President's primary duty is to faithfully execute the laws of the nation.
- The President is the Commander-in-Chief of the military, responsible for the country's
defense and protection.
- The President has the power to make treaties with other countries, subject to approval by
the Senate.
- The President nominates individuals to important positions within the government, such
as federal judges and cabinet members, with the advice and consent of the Senate.

● Electoral College:

- The Electoral College is a process for electing the President and Vice President in the
United States.
- Voters in each state choose electors who then cast their votes for the President and Vice
President.
- The number of electors each state has is determined by its representation in Congress.
- The candidate who receives a majority of electoral votes (270 out of 538) wins the
presidential election.
● Executive Privilege:

- Executive privilege is the President's ability to keep certain information confidential to

protect the confidentiality of discussions and decision-making within the executive
branch.
- It is based on the principle of separation of powers and is not explicitly mentioned in the
Constitution.
- The President can use executive privilege to withhold information from the public, the
courts, or Congress.
- The scope and limits of executive privilege have been subject to ongoing debate and can
vary depending on the circumstances.
● Executive Order:

- An executive order is a directive issued by the President that carries the force of law.
- It allows the President to manage and guide the operations of the federal government.
- Executive orders can cover various topics, such as implementing laws, changing policies,
or organizing executive agencies.
- While not explicitly mentioned in the Constitution, executive orders derive their authority
from the President's role as the head of the executive branch.

Article III- Judicial Branch

● Foundations in Common Law

Foundations in common law are the basic principles and sources of law that shape the legal
system in countries like the United States and England. Here are the key ideas:
 - Precedent: Court decisions from earlier cases guide future cases. Lower courts usually
follow the legal principles set by higher courts, unless there are good reasons not to.

- Stare Decisis: This Latin term means "to stand by things decided." It means that decisions
made by higher courts are binding on lower courts, which keeps the law consistent over
time.

- Case Law: Judges' decisions in past cases become a source of law. They interpret laws,
constitutions, and legal principles to apply them to specific situations.

- Custom: Long-established practices and norms within specific communities or industries

can influence legal decisions and become legally recognized.

- Legal Interpretation: Judges play a crucial role in interpreting laws. They analyze the
language, context, and purpose of laws to understand their meaning and how they should
be applied.

- Flexibility and Evolution: Common law is adaptable to changing needs and

circumstances. Judges can consider new arguments and evolving values, allowing legal
principles to develop and change over time.

● Role & Heritage of Due Process

Role of Due Process:

➔ Due process protects individuals' rights and ensures fair treatment within the legal
system.
➔ It provides procedural safeguards, such as the right to a fair trial and the opportunity to be
heard.
➔ Due process prevents arbitrary government actions and ensures that laws are applied
fairly.

Heritage of Due Process:

➔ Due process has its roots in English common law and the Magna Carta.
➔ It is incorporated into the U.S. Constitution through the Fifth and Fourteenth
Amendments.
➔ Due process has evolved through judicial interpretation to adapt to changing times.
➔ It is recognized internationally as a fundamental principle of human rights.
 ● Supreme Court

How Justices are Seated:

➔ Justices are nominated by the President of the United States.

➔ The nomination is subject to confirmation by the United States Senate.
➔ Once confirmed, a justice is seated on the Supreme Court.

Role of the Supreme Court:

➔ The Supreme Court's primary role is to interpret the law and ensure its compliance with
the United States Constitution.
➔ It resolves legal disputes, including cases involving constitutional issues and conflicts
between different laws.

Jurisdictions:

➔ The Supreme Court has both original and appellate jurisdiction.

➔ Original Jurisdiction: In certain cases, the Supreme Court has the power to hear the case
directly without it being appealed from a lower court. This typically involves cases
affecting ambassadors or disputes between states.
➔ Appellate Jurisdiction: The majority of cases come to the Supreme Court on appeal from
lower federal or state courts. The Court reviews these cases to ensure legal principles are
correctly applied.

Writ of Certiorari:

➔ The Supreme Court receives thousands of appeals each year, but it only selects a small
number of cases for review.
➔ To request the Court's review, parties file a petition for a writ of certiorari, asking the
Court to hear their case.
➔ The Court grants the writ if it believes the case involves an important legal question or if
there is a conflict between lower court decisions on the issue.

Precedent:

➔ Precedent refers to previously decided cases that serve as a guide for future legal
decisions.
➔ The Supreme Court's decisions establish precedents that lower courts are expected to
follow.
➔ The principle of stare decisis encourages the Court to respect and uphold prior decisions,
providing stability and consistency in the law.

In summary, justices are seated on the Supreme Court through presidential nomination and
Senate confirmation. The Court's role is to interpret the law and ensure its compliance with the
Constitution. It has both original and appellate jurisdiction, and it selects cases for review
through the writ of certiorari. Precedent plays a significant role in the Court's decision-making,
providing guidance for future cases.

Marbury V Madison

● Marbury v. Madison was a landmark Supreme Court case decided in 1803.

● The case revolved around a dispute over the appointment of William Marbury as a justice
of the peace by outgoing President John Adams.
● Marbury sought a writ of mandamus from the Supreme Court to force Secretary of State
James Madison to deliver his commission.

Writ of Mandamus:

● A writ of mandamus is a court order that compels a government official to perform a

specific duty or action.
● In Marbury v. Madison, Marbury requested the Court to issue a writ of mandamus
directing Secretary of State Madison to deliver his commission.

Detrimental Nature of the Case:

● The Supreme Court, under Chief Justice John Marshall, ruled that it did not have the
authority to issue the writ of mandamus in Marbury's case.
● This decision was seen as detrimental because it established the principle that the Court
could refuse to enforce a law if it found it unconstitutional.

Judicial Review:

● Judicial review is the power of the courts to review and invalidate laws or government
actions that are found to be unconstitutional.
● It allows the courts, including the Supreme Court, to determine whether laws and actions
are in line with the Constitution.
● The concept of judicial review was firmly established by Chief Justice Marshall in the
Marbury v. Madison case.

In summary, Marbury v. Madison was a significant Supreme Court case that established the
principle of judicial review. The case involved a request for a writ of mandamus, which is a court
order compelling a government official to act. The Court ruled it did not have the authority to
issue the writ, but in doing so, it set the precedent that the Court could declare laws
unconstitutional through the power of judicial review. This power allows the courts to ensure that
laws and actions align with the Constitution.