You are on page 1of 398

GOVERNMENT POWER POINT

CHAPTER 1 VOCABULARY

CLASS RULES

1. SHOW UP ! 2. WORK HARD! 3. ALL SCHOOL RULES APPLY

SUPPLIES
1. Something to write with (pen or pencil, #2 pencils are required on test days) 2. Something to write on (paper or notebook) 3. 3-ring binder or folder to keep all handouts in.

OUTLINE
1. Introduction how did we get here? 2. Constitution Overview 3. Federalism 4. The Legislative Branch (Congress) 5. The Executive Branch (President) 6. The Judicial Branch 7. Civil Rights and Civil Liberties 8. Citizenship

GOVT. LIMITED OR ABSOLUTE VOCAB.


SEDITION THE CAUSING OF DISCONTENT, INSURRECTION, OR RESISTANCE AGAINST A GOVERNMENT. BLASPHEMY THE ACT OF EXPRESSING LACK OF REVERENCE FOR GOD. IRREVERANCE TOWARD SOMETHING CONSIDERED SACRED.

MINI- QUIZ
1. Who is Ohios current Governor? 2. Who is Avon Lakes representative in the U.S. House of Representatives? 3. Who are Ohios 2 U.S. Senators? 4. Who is the Vice-President? 5. Who is Avon Lakes Mayor? 6. Who is Avon Lakes representative in the Ohio House of Representatives? 7. Who is the current U.S. Secretary of State? 8. How many Electoral Votes did President Obama need to win?

ANSWERS
1. Ohios Governor John Kasich 2. Avon Lakes Congress-person Marcy Kaptur 3. Ohios 2 U.S. Senators Sherrod Brown and Rob Portman 4. Vice-President Joe Biden 5. Avon Lakes mayor Greg Zilka

REST OF ANSWERS
6. Avon Lakes representative in Columbus Matt Lundy 7. Current U.S. Secretary of State John Kerry 8. Minimal number of Electoral Votes to win 270 (Obama had 332)

On this day in:


1963 The Fugitive premiered on ABC-TV 1964 Bewitched premiered on ABC-TV 1965 Hogans Heroes premiered on CBS-TV 1966 Mission Impossible premiered on CBS-TV 1972 M*A*S*H premiered on CBS-TV And in 1787 The United States of Americas Constitution premiered.

Happy Constitution Day!

UNIT 1 GUIDED NOTES

1.AN INSTITUTION THROUGH WHICH A SOCIETY MAKES AND ENFORCES ITS PUBLIC POLICIES. GOVERNMENT 2. ALL OF THOSE THINGS A GOVERNMENT DECIDES TO DO. PUBLIC POLICIES 3. A THEORY THAT HOLDS THAT THE STATE WAS CREATED BY GOD AND THAT GOD GAVE THOSE OF ROYAL BIRTH THE RIGHT TO RULE. DIVINE RIGHT 4. A THEORY THAT HOLDS THAT PEOPLE AGREE TO GIVE UP POWER TO THE STATE TO PROMOTE THE WELL-BEING OF ALL. SOCIAL CONTRACT 5. THE REASONABLE, FAIR, IMPARTIAL ADMINISTRATION OF THE LAW. JUSTICE. 6. HAVING SUPREME AND ABSOLUTE POWER WITHIN ITS OWN TERRITORY. SOVEREIGNTY

CHAPTER 1 SEC. 1 QUESTIONS


1. WHAT ARE THE FOUR MAIN CHARACTERISTICS OF A NATION/STATE? (NATION) POPULATION TERRITORY SOVEREIGNTY GOVERNMENT. 2. THE LOCATION OF SOVEREIGNTY WITHIN A STATE IS OF SUPREME IMPORTANCE. WHY? IT DETERMINES WHO CONTROLS THE STATE (THE PEOPLE OR THE GOVERNMENT) WHO SAID MAN IS BY NATURE A POLITICAL ANIMAL ? ARISTOTLE

UNIT 1 NOTES CONTIN.(2)


3. WHAT ARE THE 4 MOST WIDELY HELD THEORIES ABOUT THE ORIGIN OF THE STATE? FORCE THEORY EVOLUTIONARY THEORY DIVINE RIGHT THEORY SOCIAL CONTRACT THEORY 4. WHAT ARE THE 6 PURPOSES OUTLINED IN THE PREAMBLE TO THE CONSTITUTION?

THE PREAMBLE
WE THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM A MORE PERFECT UNION, ESTABLISH JUSTICE, ENSURE DOMESTIC TRANQUILITY, PROVIDE FOR THE COMMON DEFENSE, PROMOTE THE GENERAL WELFARE, AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY, DO ORDAIN AND ESTABLISH THIS CONSTITUTION FOR THE UNITED STATES OF AMERICA.

UNIT 1 NOTES (3)


4. WHAT ARE THE SIX PURPOSES OF GOVERNMENT OUTLINED IN THE PREAMBLE TO THE CONSTITUTION? TO FORM A MORE PERFECT UNION ESTABLISH JUSTICE (to provide justice is the most sacred of the duties of government Jefferson) INSURE DOMESTIC TRANQUILITY (MAINTAIN ORDER) PROVIDE FOR THE COMMON DEFENSE (defense is mentioned far more often in the Constitution than any of the other functions) PROMOTE THE GENERAL WELFARE (public schools, FDA, EPA, FAA etc.) SECURE THE BLESSINGS OF LIBERTY (They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety Benjamin Franklin)

UNIT 1 NOTES (4)


5. EXPLAIN HOW THE LANGUAGE OF THE PREAMBLE REFLECTS THE CONCEPT OF THE SOCIAL CONTRACT? WE THE PEOPLE SUGGESTS THE IDEA OF THE SOCIAL CONTRACT. (CONSENT OF THE GOVERNED) SECTION TWO FORMS OF GOVERNMENT 1. WHAT ARE 3 MAJOR CLASSIFICATIONS USED TO ANALYZE GOVERNMENTS? Geographic distribution of power, relationship between legislative and executive branches, and the number of persons taking part in governing

UNIT 1 NOTES (5)

2. WHAT IS THE BASIC CHARACTERISTIC OF A UNITARY GOVERNMENT? ALL POWERS HELD BY THE GOVERNMENT BELONG TO A SINGLE CENTRAL AGENCY. (Great Britain) 3. WHAT IS THE BASIC CHARACTERISTIC OF A FEDERAL GOVERNMENT? POWERS OF GOVERNMENT ARE DIVIDED BETWEEN A CENTRAL GOVERNMENT AND SEVERAL LOCAL OR REGIONAL GOVERNMENTS. (USA) 4. WHAT IS THE BASIC CHARACTERISTIC OF A CONFEDERATE GOVERNMENT (CONFEDERATION)? THE POWER OF THE CENTRAL GOVERNMENT IS LIMITED TO ONLY THOSE MATTERS THE MEMBER STATES HAVE ASSIGNED IT. (really dont exist maybe the EU historically the Confederacy) 5. OF THESE THREE FORMS, WHICH IS THE MOST COMMON IN THE WORLD TODAY? UNITARY

UNIT 1 NOTES CONTIN.


6. WHAT IS THE BASIC CHARACTERISTIC OF A PRESIDENTIAL FORM OF GOVERNMENT? The executive and legislative branches can each check the actions of the other branch (branches are independent and co-equal) 7. WHAT IS THE BASIC CHARACTERISTIC OF A PARLIAMENTARY GOVERNMENT? The authority of the executive is conditional upon the approval of the legislative branch 8. OF THESE TWO FORMS, WHICH IS MORE COMMON TODAY? Parliamentary 9. WHAT IS THE BASIC CHARACTERISTIC OF A DICTATORIAL GOVERNMENT? Those who rule are NOT accountable to the popular will

UNIT 1 NOTES (8)


10. WHATS THE TERM THAT DESCRIBES A SYSTEM WHERE A DICTATOR HOLDS AUTHORITY OVER NEARLY EVERY ASPECT OF LIFE? TOTALITARIAN 11. WHAT IS THE MOST TYPICAL WAY FOR A DICTATOR TO GAIN POWER? FORCE

UNIT 1 NOTES (9)


12. WHAT IS THE MOST BASIC CHARACTERISTIC OF A DEMOCRATIC GOVERNMENT? Supreme political authority resides with the people and government is conducted only by and with their consent 13. OF THESE TWO FORMS OF GOVERNMENT, WHICH IS MORE COMMON TODAY? Democracy

UNIT 1 NOTES (10)


14. WHICH IS A MORE EFFICIENT FORM OF GOVERNMENT , DEMOCRACY OR A DICTATORSHIP? IN THE SHORT RUN, DICTATORSHIPS ARE MORE EFFICIENT BECAUSE THEY HAVE SWIFTNESS OF ACTION SINCE THERES LITTLE OR NO DEBATE CONCERNING THEIR DECISIONS. AS WASHINGTON SAID TYRANTS MOVE SWIFTLY, FREE MEN AT THEIR OWN PACE.

UNIT 1 CONTIN.
(SECTION THREE BASIC CONCEPTS OF DEMOCRACY) THE PROCESS OF RECONCILING COMPETING VIEWS AND INTERESTS Compromise THE TOTAL ABSENCE OF GOVERNMENT Anarchy 1. WHAT DOES THE TEXT SUGGEST ARE THE 5 BASIC CONCEPTS OF DEMOCRACY? P.20 (1) recognition of each persons fundamental worth (2) respect for the equality of all (3) faith in majority rule with respect for minority rights (4) acceptance of the need to compromise (5) insistence on the widest possible degree of individual freedom

UNIT 1 CONTIN.
2. WHAT DO THE WORDS ALL MEN ARE CREATED EQUAL MEAN? P.21 Equality of opportunity and equality before the law (it does NOT mean equal ability) 3. HOW DOES A DEMOCRACY SERVE THE VARIED NEEDS OF ITS CITIZENS WHEN FORMING PUBLIC POLICIES? P.22 Through compromise 4. FOR WHAT 2 MAJOR REASONS IS COMPROMISE AN ESSENTIAL PART OF THE DEMOCRATIC PROCESS? P.22 (1) democracy puts the individual first and at the same time insists that each individual is the equal of others (2) few public questions have only two sides * compromise concerning the basic fundamental principles of democracy should never be permitted!

UNIT 1 CONTIN.
5. THE RIGHT TO SWING MY FIST ENDS WHERE THE OTHER PERSONS NOSE BEGINS (Oliver Wendell Holmes) IS AN EXPRESSION OF THE BALANCE BETWEEN WHAT AND WHAT? Freedom and anarchy

THINK!
What is the single most important freedom guaranteed in the Bill of Rights? (its on C16 -17 in text) (Im going to ask every person so have an answer ready) 6. UPON WHICH INDIVIDUAL FREEDOM DOES DEMOCRACY PLACE ITS HIGHEST VALUE? Freedom of speech, religion, press, petition or assembly (freedom of expression) END OF UNIT!!!

CHAPTER TWO ORIGINS OF AMERICAN GOVERNMENT


(SECTION ONE OUR POLITICAL BEGINNINGS) THE IDEA THAT GOVERNMENT IS NOT ALL-POWERFUL Limited government A 1215 DOCUMENT INTRODUCING THE RIGHTS OF TRIAL BY JURY AND DUE PROCESS OF LAW Magna Carta CONSISTING OF TWO HOUSES, AS A LEGISLATURE Bicameral CONSISTING OF ONE HOUSE, AS A LEGISLATURE unicameral (Nebraska) THE IDEA THAT GOVERNMENT SHOULD SERVE THE WILL OF THE PEOPLE Representative government

2
ENGLISH DOCUMENT THAT FIRST GRANTED THE RIGHT OF CITIZENS TO ASK THE KING FOR HELP The English Bill of Rights PUT IN ORDER: MAGNA CARTA / ENGLISH BILL OF RIGHTS / THE PETITION OF RIGHT Magna Carta (1215) The Petition of Right (1628) English Bill of Rights (1689)

CH. 2 CONTIN.
1. THE SHAPE OF AMERICAN GOVERNMENT WAS LARGELY DETERMINED BY WHAT 3 IDEAS BROUGHT HERE BY ENGLISH COLONISTS? Ordered government, limited government, and representative government 2. LIST 4 LIMITATIONS ON THE KINGS POWER LISTED IN THE PETITION OF RIGHT: The king could not imprison critics without trial by jury The king could not declare martial law in peacetime The king could not require people to shelter troops without a home owners consent No man should be taxed without common consent by an act of parliament

CH. 2 CONTIN.
3. LIST 3 REASONS WHY ENGLISH COLONISTS SETTLED IN AMERICA: As commercial ventures (Virginia) To provide a home for those in search of greater personal and religious freedom (Massachusetts) As a refuge for victims of Englands harsh poor laws (Georgia) 4. IDENTIFY AND DESCRIBE THE 3 TYPES OF COLONIAL GOVERNMENT IN PRE-REVOLUTIONARY AMERICA: Royal colonies under more direct control of the crown, the governors and the councils shared the power of the purse (8) Proprietary colonies governed by the owner (Md. Pa. De.) Charter colonies enjoyed a large degree of self-government (Connecticut and Rhode Island)

Practice Free Response


1. NUMBER all questions 2. Write out questions entirely 3. Always start questions at the top of a page 4. write on one side only. 5. make sure to answer ALL parts of the question

6. write

LEGIBLY!

CH. 2 CONTIN.
(SECTION TWO THE COMING OF INDEPENDENCE) A REFUSAL TO BUY OR SELL GOODS Boycott PUT FORWARD BY BENJAMIN FRANKLIN IN 1754 THAT AIMED AT UNITING THE 13 COLONIES FOR TRADE, MILITARY AND OTHER PURPOSES (never enacted) Albany Plan of Union A BODY OF FUNDAMENTAL LAW Constitution PRINCIPLE THAT GOVERNMENT CAN EXIST AND FUNCTION ONLY WITH THE CONSENT OF THE GOVERNED Popular sovereignty

CH. 2 CONTIN.
1. WHAT WAS THE RELATIONSHIP BETWEEN BRITAIN AND THE COLONIES LIKE IN THE MID-1700s, AND HOW DID IT CHANGE IN THE 1760s? Britain exercised little direct control before 1760. (benign neglect) After 1760 (esp. 1763) Britain began to take a more active role in the affairs of the colonies and the colonists began to resent it. 2. LIST 4 COLONIAL ATTEMPTS AT UNITY, PRIOR TO THE START OF THE REVOLUTION: The New England Confederation, the Albany Plan of Union, the Stamp Act Congress, the First Continental Congress 3. IN WHAT WAYS DID THE SECOND CONTINENTAL CONGRESS SERVE AS THE FIRST NATIONAL GOVERNMENT? It directed the war effort, borrowed money to finance the war, coined money, bought supplies and made treaties with other countries

INTRODUCTION
WHEN IN THE COURSE OF HUMAN EVENTS, IT BECOMES NECESSARY FOR ONE PEOPLE TO DISSOLVE THE POLITICAL BANDS WHICH HAVE CONNECTED THEM WITH ANOTHER, AND TO ASSUME, AMONG THE POWERS OF THE SEARCH, THE SEPARATE AND EQUAL STATION TO WHICH THE LAWS OF NATURES GOD ENTITLES THEM, A DECENT RESPECT TO THE OPINIONS OF MANKIND REQUIRES THAT THEY SHOULD DECLARE THE CAUSES WHICH IMPEL THEM TO THE SEPARATION.

CITIZENS HAVE THE RIGHT OF SELF-GOVERNMENT


WE HOLD THESE TRUTHS TO BE SELFEVIDENT; THAT ALL MEN ARE CREATED EQUAL THAT THEY ARE ENDOWED BY THEIR CREATOR WITH CERTAIN UNALIENABLE RIGHTS; THAT AMONG THESE ARE LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS. THAT TO SECURE THESE RIGHTS, GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING THEIR JUST POWERS FROM THE CONSENT OF THE GOVERNED. (SOCIAL CONTRACT)

THAT, WHENEVER ANY FORM OF GOVERNMENT BECOMES DESTRUCTIVE OF THESE ENDS, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR ABOLISH IT, AND TO INSTITUTE A NEW GOVERNMENT, LAYING ITS FOUNDATION ON SUCH PRINCIPLES, AND ORGANIZING ITS POWERS IN SUCH FORM AS TO THEM SHALL SEEM MOST LIKELY TO EFFECT THEIR SAFETY AND HAPPINESS

PRUDENCE, INDEED, WILL DICTATE THAT GOVERNMENTS LONG ESTABLISHED SHOULD NOT BE CHANGED FOR LIGHT AND TRANSIENT CAUSES; AND ACCORDINGLY ALL EXPERIENCE HATH SHOWN THAT MANKIND ARE MORE DISPOSED TO SUFFER WHILE EVILS ARE SUFFERABLE, THAN TO RIGHT THEMSELVES BY ABOLISHING THE FORMS TO WHICH THEY ARE ACCUSTOMED.

BUT WHEN A LONG TRAIN OF ABUSES AND USURPATIONS, PURSUING INVARIABLY THE SAME OBJECT, EVINCES A DESIGN TO REDUCE THEM UNDER ABSOLUTE DESPOTISM IT IS THEIR RIGHT, IT IS THEIR DUTY, TO THROW OFF SUCH GOVERNMENT, AND TO PROVIDE NEW GUARDS FOR THEIR FUTURE SECURITY

SUCH HAS BEEN THE PATIENT SUFFERANCE OF THESE COLONIES; AND SUCH IS NOW THE NECESSITY WHICH CONSTRAINS THEM TO ALTER THEIR FORMER SYSTEM OF GOVERNMENT. THE HISTORY OF THE PRESENT KING OF GREAT BRITAIN IS A HISTORY OF REPEATED INJURIES AND USURPATIONS, ALL HAVING IN DIRECT OBJECT THE ESTABLISHMENT OF AN ABSOLUTE TYRANNY OVER THESE STATES. TO PROVE THIS, LET FACTS BE SUBMITTED TO A CANDID WORLD.

COMPLAINTS AGAINST THE KING


HE HAS REFUSED HE HAS FORBIDDEN HE HAS REFUSED HE HAS DISSOLVED HE HAS OBSTRUCTED ETC.

THE COLONIES DECLARE THEIR INDEPENDENCE


WE THEREFORE THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN GENERAL CONGRESS ASSEMBLED, APPEALING TO THE SUPREME JUDGE OF THE WORLD FOR THE RECTITUDE OF OUR INTENTIONS, DO, IN THE NAME AND BY AUTHORITY OF THE GOOD PEOPLE OF THESE COLONIES, ARE AND OF RIGHT OUGHT TO BE FREE AND INDEPENDENT STATES;

THAT THEY ARE ABSOLVED FROM ALL ALLEGIANCE TO THE BRITISH CROWN, AND THAT ALL POLITICAL CONNECTION BETWEEN THEM AND THE STATE OF GREAT BRITAIN IS, AND OUGHT TO BE, TOTALLY DISSOLVED; AND THAT, AS FREE AND INDEPENDENT STATES, THEY HAVE FULL POWER TO LEVY WAR, CONCLUDE PEACE, CONTRACT ALLIANCES, ESTABLISH COMMERCE, AND DO ALL OTHER ACTS AND THINGS WHICH INDEPENDENT STATES MAY OF A RIGHT DO.

AND, FOR THE SUPPORT OF THIS DECLARATION, WITH A FIRM RELIANCE ON THE PROTECTION OF DIVINE PROVIDENCE, WE MUTUALLY PLEDGE TO EACH OTHER OUR LIVES, OUR FORTUNES AND OUR SACRED HONOR.

CH. 2 CONTIN.
4. WHO WROTE THE DECLARATION OF INDEPENDENCE? FOR WHAT REASONS ARE THE OPENING LINES OF THE SECOND PARAGRAPH SO IMPORTANT? Benjamin Franklin, John Adams, Roger Sherman, Roger Livingston, and Thomas Jefferson all contributed but Jefferson did most of the work and finalized the language Those lines are important because they explain the reasons behind the break with Britain and uses language and ideas from English political thought 5. LIST 5 COMMON FEATURES OF THE FIRST STATE CONSTITUTIONS: Popular sovereignty, limited government, civil rights and liberties, separation of powers and checks and balances

CH. 2 CONTIN.
(SECTION THREE THE CRITICAL PERIOD) FIRST WRITTEN PLAN OF GOVERNMENT FOR THE UNITED STATES Articles of Confederation FORMAL APPROVAL Ratification 1. WHEN AND BY WHOM WERE THE ARTICLES OF CONFEDERATION PREPARED? The Second Continental Congress November 15, 1777 2. DESCRIBE THE GOVERNMENT SET UP BY THE ARTICLES: It consisted solely of Congress (unicameral)

CH. 2 CONTIN
3. WHAT POWERS WERE GIVEN TO CONGRESS? To make treaties, exchange ambassadors, make war and peace, borrow money, set up a monetary system, build a navy and army, fix standards of weights and measures, and settle disputes among states 4. WHAT WERE THE MAJOR WEAKNESSES OF THE GOVERNMENT UNDER THE ARTICLES? Congress could not tax or regulate trade, could not make states cooperate, required near unanimous consent to pass laws and unanimous consent to amend the Articles 5. WHAT WAS THE MAIN CONCERN OF THE REBELS WHO CARRIED OUT SHAYS REBELLION? To protest the loss of their properties to tax collectors

CH. 2 CONTIN.
6. WHY DID DELEGATES MEET AT MOUNT VERNON AND ANNAPOLIS? To recommend a federal plan for regulating commerce (SECTION FOUR CREATING THE CONSTITUTION) A PLAN TO SATISFY SOUTHERN FEARS THAT THE FEDERAL GOVERNMENT MIGHT BE FUNDED THROUGH EXPORT DUTIES Commerce and Slave Trade Compromise MADISONS PLAN FOR A NATIONAL GOVERNMENT WITH GREATLY EXPANDED POWERS Virginia Plan A COMBINATION OF THE VIRGINIA AND NEW JERSEY PLANS Connecticut Compromise (the Great Compromise)

CH. 2 CONTIN.
A PLAN TO SATISFY SOUTHERNERS DESIRE TO INFLATE THE POPULATION COUNT OF THEIR STATES Three-fifths Compromise PATERSONS PLAN FOR A NATIONAL GOVERNMENT, WHICH GREATLY RESEMBLED THE ARTICLES OF CONFEDERATION New Jersey Plan 1. WHEN AND WHERE WAS THE CONSTITUTION WRITTEN? Philadelphia between May and September, 1787 2. WHY WERE JEFFERSON AND ADAMS NOT AT THE CONSTITUTIONAL CONVENTION? They were serving the United States abroad as ambassadors (Jefferson to France, Adams to England and Holland)

CH. 2 CONTIN
3. WHO WAS KNOWN AS THE FATHER OF THE CONSTITUTION? WHY? James Madison because he kept careful notes of the proceedings, acted as floor leader of the convention and contributed more to the Constitution than any other Framer (co-author of Federalist Papers / persuaded Jefferson) 4. ACCORDING TO EDMUND RANDOLPHS PROPOSAL, WHAT SHOULD BE THE TWO CHARACTERISTICS OF ANY NEW CONSTITUTION? It should establish a national government and three branches of government which would be supreme over state governments in national matters 5. WHAT MOMENTOUS DECISION DID THE FRAMERS MAKE AT THE BEGINNING OF THE CONVENTION? To create an entirely new constitution

CH. 2 CONTIN.
6. IN WHAT SENSE WAS THE CONSTITUTION A BUNDLE OF COMPROMISES? The Constitution represents a consensus of opinion which was achieved through numerous compromises Connecticut compromise (the Great Compromise) The Three-Fifths Compromise The Commerce and Slave Trade Compromise (also, selection of the President, treaty-making process, structure of the national court system, the amendment process) 7. FROM WHAT SOURCES DID THE FRAMERS DRAW IN WRITING THE CONSTITUTION? European thinkers, their own experiences, ideas from the Articles and state constitutions (Locke, Rousseau, Montesquieu, Blackstone)

CH. 2 CONTIN.
8. WHAT WAS BENJAMIN FRANKLINS JUDGMENT ABOUT THE OUTCOME OF THE CONSTITUTIONAL CONVENTION? The Constitution was imperfect but none better could be framed (SECTION FIVE RATIFYING THE CONSTITUTION) THEY FAVORED RATIFICATION Federalists THEY OPPOSED RATIFICATION Anti-federalists 1. HOW WAS THE CONSTITUTION RATIFIED? It required the approval of 9 of the 13 states (to be decided in state conventions) 2. WHAT WAS IRREGULAR ABOUT THE PROCESS? Unanimity was not required

CH. 2 CONTIN
3. THE ANTI-FEDERALISTS CENTERED THEIR OPPOSITION TO THE CONSTITUTION ON WHAT TWO MAIN POINTS? (1) the greatly increased powers of the central government (2) the lack of a bill of rights 4. WHAT WERE THREE OTHER OBJECTIONS THEY HAD? (1) many objected to the ratification process (2) to the absence of any mention of God (3) to the denial to the states of a power to print money (president might become a monarch) 5. WHY WAS RATIFICATION CRUCIAL IN VIRGINIA AND NEW YORK? They were two of the largest most populous states and New York (a large commercial state) effectively separated New England from the rest of the nation

CH. 2 CONTIN.
6. WHAT WAS THE SIGNIFICANCE OF THE FEDERALIST PAPERS? It was a convincing commentary on the meaning of the Constitution written under the pen name Publius they were written by Alexander Hamilton, John Jay, and James Madison (85 persuasive essays written to convince the delegates to the new York state convention to vote for ratification) 7. WHY WERE ANTI-FEDERALISTS SO POWERFUL DURING THE RATIFICATION PROCESS? Many of their leaders had also led during the Revolutionary War (Patrick Henry, Richard Henry Lee, John Hancock, Sam Adams) END OF UNIT!!!

THE 6 BASIC PRINCIPLES


POPULAR SOVEREIGNTY People power (people rule) LIMITED GOVERNMENT Rule by Law (constitutionalism) SEPARATION OF POWERS 3 way distribution of power (The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether one, a few, or many may justly be pronounced the very definition of tyranny.) James Madison, The Federalist 47

6 basic principles
CHECKS AND BALANCES Branches restrain one another JUDICIAL REVIEW Courts determine constitutionality of government actions FEDERALISM Geographic division of power 7. rule of law 8. constitutionalism 9. unconstitutional

CHAPTER 3 THE CONSTITUTION


(SECTION ONE THE SIX BASIC PRINCIPLES) THE POWER OF THECOURTS TO DECIDE WHETHER GOVERNMENT ACTS ARE CONSTITUTIONAL Judicial review GOVERNMENT THAT IS CONDUCTED ACCORDING TO CONSTITUTIONAL PRINCIPLES Constitutionalism THE DIVISION OF POWER BETWEEN A CENTRAL GOVERNMENT AND SEVERAL REGIONAL GOVERNMENTS Federalism A GOVERNMENTAL SYSTEM HAVING BASIC POLITICAL POWERS DISTRIBUTED AMONG 3 DISTINCT AND INDEPENDENT BRANCHES Separation of powers

CH. 3 CONTIN
ILLEGAL, NULL AND VOID, OF NO FORCE AND EFFECT Unconstitutional 1. UPON WHAT SIX BASIC PRINCIPLES IS THE CONSTITUTION BUILT? (1) popular sovereignty (people power or people rule) (2) limited government (rule by law or constitutionalism) (3) separation of powers (3 way distribution of power) (4) checks and balances (branches limit or restrain one another) (5) judicial review (courts determine constitutionality of government acts) (6) federalism (geographic distribution of power) 2. WHICH BASIC PRINCIPLE HOLDS THAT GOVERNMENT MAY DO ONLY THOSE THINGS THAT THE PEOPLE HAVE GIVEN IT POWER TO DO? Limited government

CH. 3 CONTIN
3. WHEN JAMES MADISON WROTE THE ACCUMULATION OF ALL POWERS IN THE SAME HANDS MAY BE PRONOUNCED AS THE VERY DEFINITION OF TYRANNY, HE WAS ARGUING ON BEHALF OF WHICH CONSTITUTIONAL PRINCIPLE? Separation of powers 4. HOW DOES THE LEGISLATIVE BRANCH CHECK AND BALANCE THE EXECUTIVE? Congress can override a veto, remove a President (through impeachment) refuse funds (power of the purse) the Senate can refuse to approve treaties or presidential appointments 5. HOW DOES THE JUDICIAL BRANCH CHECK AND BALANCE CONGRESS? It can declare acts of Congress unconstitutional (judicial review)

CH. 3 CONTIN.
6. WHICH CONSTITUTIONAL PRINCIPLE APPLIES WHEN THE SENATE CONFIRMS OR REJECTS THE PRESIDENTS APPOINTEE TO RUN THE CIA? Checks and balances 7. WHICH CONSTITUTIONAL PRINCIPLE WAS DEVISED AS A COMPROMISE BETWEEN A POWERFUL CENTRAL GOVERNMENT AND A LOOSE ASSOCIATION OF STATES? Federalism (SECTION TWO FORMALLY AMENDING THE CONSTITUTION) A CHANGE IN OR ADDITION TO A CONSTITUTION OR LAW Amendment FIRST TEN AMENDMENTS TO THE CONSTITUTION Bill of Rights

CH. 3 CONTIN
A CHANGE IN THE WRITTEN WORDS OF THE CONSTITUTION THROUGH ONE OF THE 4 PRESCRIBED METHODS Formal amendment 1. WHY DID THE FRAMERS PROVIDE FOR AMENDMENT OF THE CONSTITUTION? The Framers knew that they could not build a document that would last for all time 2. WHICH GROUP OF AMENDMENTS GUARANTEE THE BASIC FREEDOMS FOR THE AMERICAN PEOPLE? Bill of Rights 3. HOW MANY TOTAL AMENDMENTS ARE THERE? 27

Ch. 3 CONTIN
4. BY WHAT 2 METHODS CAN AMENDMENTS TO THE CONSTITUTION BE PROPOSED? By a 2/3 vote in each house of Congress (every amendment so far have been proposed by this method) Or by a national convention called by Congress at the request of 2/3 of the states 5. BY WHAT 2 METHODS CAN AMENDMENTS TO THE CONSTITUTION BE RATIFIED? By the state legislatures of of the states (all but one used this) or by special conventions held in of the states (the 21st Amendment which repealed prohibition is the only one to use this method) WHY IS THE PROCESS SO COMPLICATED?

Ch. 3 contin.
6. THE PARTICIPATION OF BOTH THE FEDERAL GOVERNMENT AND STATE GOVERNMENTS IN THE AMENDMENT PROCESS IS EVIDENCE OF WHAT CONSTITUTIONAL PRINCIPLE? Federalism (Remember that Article V of the Constitution states that no amendment may deprive a state of its equal representation in the Senate)

INFORMAL AMENDMENTS WEB WORKSHEET


BASIC LEGISLATION 1. passage of laws that refine or define words of the Constitution 2. establishing a court system (Judiciary Act of 1789); defining regulation of interstate commerce

EXECUTIVE ACTION
3. using the Presidents power to act independently of Congress 4. expanding the Presidents war-making powers;(have only officially declared war 5 times) making pacts with foreign leaders without the advice and consent of the Senate (executive agreements)

COURT DECISIONS
5. using court cases to interpret the Constitution (an on-going Constitutional convention) 6. Marbury v. Madison established judicial review; Miranda v. Arizona etc.

CUSTOM
7. converting traditions to constitutional necessity 8. making executive department heads the Presidents cabinet (sometimes customs became formal amendments, 22nd no third term and the 25th the VP actually becoming the President)

PARTY PRACTICES
9. using practices of political parties to change political processes 10. nominating presidential candidates at national conventions; organizing Congress along party lines; electoral college voting etc.

CH. 3 CONTIN.
(SECTION THREE CHANGE BY OTHER MEANS - INFORMAL AMENDMENTS) CHANGES IN THE CONSTITUTION THAT DO NOT LEAD TO CHANGES IN THE WRITTEN DOCUMENT Informal amendment ADVISORY BOARD TO THE PRESIDENT Cabinet COURT CASE INVOLVING THE PROCESS OF INFORMAL AMENDMENT Marbury v. Madison

CH. 3 CONTIN.
A CONSTITUTIONAL CONVENTION IN CONTINUOUS SESSION (WOODROW WILSON) Supreme Court PACT MADE BY A PRESIDENT WITH HEADS OF A FOREIGN STATE Executive agreement 1. WHAT ARE THE 5 BASIC WAYS BY WHICH THE CONSTITUTION HAS BEEN INFORMALLY AMENDED? (1) passage of basic legislation by Congress (2) executive action (3) court decisions (4) activities of political parties (rule by party) (5) custom

CH. 3 CONTIN
2. WHAT ARE 2 MAJOR WAYS CONGRESS HAS INFORMALLY AMENDED THE CONSTITUTION? (1) laws that expand the brief provisions of the Constitution (2) laws that further define the expressed powers 3. WHAT IS ONE MAIN REASON THAT THE PRESIDENT USES INFORMAL EXECUTIVE AGREEMENTS WITH HEADS OF FOREIGN STATES INSTEAD OF THE FORMAL TREATY PROCESS? Informal agreements do not require Senate approval 4. WHAT GROUP DID WOODROW WILSON CALL A CONSTITUTIONAL CONVENTION IN CONTINUOUS SESSION? The Supreme Court

CH. 3 CONTIN.
5. AS A RESULT OF A LONG HISTORY OF INFORMAL AMENDMENTS, GOVERNMENT IN THE UNITED STATES HAS BECOME IN MANY WAYS GOVERNMENT THROUGH WHAT? Political party 6. GIVE 2 EXAMPLES OF CUSTOMS (INFORMAL AMENDMENTS) THAT LATER WERE FORMALLY AMENDED TO THE CONSTITUTION: (1) the Vice-President succeeds to the presidency (25th Amendment) (2) no third term for the president ( 22nd Amendment) 7. WHY IS UNDERSTANDING THE PROCESS OF INFORMAL AMENDMENT IMPORTANT TO UNDERSTANDING CONSTITUTIONAL CHANGE? (pg. 85) Formal changes are rare, while informal amendments account for the means by which government keeps up with changes in society *

Chapter 4 Sec. 1 GRR


If you put S or B on the first line, you then put NOTHING on the second line! (leave it blank) If you put N on the first line you then must identify on the second line what kind of national power: expressed / implied / or inherent.

CHAPTER 4 SEC. 1 VOCAB.


1. FORM OF GOVERNMENT WITH GOVERNMENTAL POWERS DIVIDED BETWEEN A CENTRAL GOVERNMENT AND SEVERAL REGIONAL GOVERNMENTS. FEDERALISM 2. POWERS REASONABLY THOUGHT TO BE GRANTED, BUT NOT SPELLED OUT SPECIFICALLY IN THE CONSTITUTION. IMPLIED POWERS. 3. POWERS GRANTED TO THE NATIONAL GOVERNMENT IN THE CONSTITUTION. DELEGATED POWERS.

CHAPTER 4 SEC. 1 VOCAB. CONTIN.


4. POWERS THAT BELONG TO THE NATIONAL GOVERNMENT BECAUSE IT IS A SOVEREIGN STATE. INHERENT POWERS. 6. POWERS POSSESSED AND EXERCISED BY BOTH NATIONAL AND STATE GOVERNMENTS. CONCURRENT POWERS. 5. POWERS SPELLED OUT IN THE CONSTITUTION EXPRESSED POWERS

CHAPTER 4 SEC. 1 QUESTIONS


1. WHAT IS THE CHIEF ADVANTAGE OF THE FEDERAL SYSTEM? IT ALLOWS LOCAL ACTION IN MATTERS OF LOCAL CONCERN, NATIONAL ACTION IN MATTERS OF WIDER CONCERN. (FEMA) STATES CAN ALSO BE USED AS LABORATORIES FOR PROGRAMS 2. THE U.S. HAS A FEDERAL SYSTEM BECAUSE OF WHAT AMENDMENT? 10TH 3. WHY IS THE NATIONAL GOVERNMENT DESCRIBED AS A GOVERNMENT OF DELEGATED POWERS AND THE STATES AS GOVERNMENTS OF RESERVED POWERS? THE NATIONAL GOVERNMENT HAS ONLY THOSE POWERS DELEGATED (SPECIFICALLY GIVEN TO IT). ALL OTHER POWERS ARE RESERVED FOR STATES, EXCEPT THOSE SPECIFICALLY DENIED THE STATES.

4
4. ON WHAT THREE BASES ARE POWERS DENIED TO THE NATIONAL GOVERNMENT? EXPRESSLY BY THE SILENCE OF THE CONSTITUTION AND BY THE FEDERAL SYSTEM. 5. ON WHAT TWO BASES ARE POWERS DENIED TO THE STATES? EXPRESSLY BY THE CONSTITUTION AND BY THE FEDERAL SYSTEM 6. THE NECESSARY AND PROPER CLAUSE IS CALLED THE ELASTIC CLAUSE FOR WHAT REASON? OVER TIME IT HAS STRETCHED TO COVER SO MANY IMPLIED POWERS.

4
7. ACCORDING TO THE SUPREMACY CLAUSE, WHAT IS THE CORRECT ORDER OF THE LADDER OF LAWS IN THE UNITED STATES FROM TOP TO BOTTOM? U.S. CONSTITUTION ACTS OF CONGRESS AND TREATIES STATE CONSTITUTIONS STATE STATUTES LOCAL LAWS 8. IN THE AMERICAN FEDERAL SYSTEM, CITY AND COUNTY GOVERNMENTS ARE REALLY SUBUNITS OF WHAT? STATE GOVERNMENT 9. WHAT IS THE SIGNIFICANCE OF McCULLOCH v. MARYLAND IN THE DEVELOPMENT OF THE FEDERAL SYSTEM? IT WAS THE FIRST TIME THE COURT SETTLED A CLASH BETWEEN STATE AND FEDERAL LAW.

CHAPTER 4 SEC. 2 VOCAB.


1. A CONGRESSIONAL ACT THAT ALLOWS THE PEOPLE OF A UNITED STATES TERRITORY TO PREPARE A CONSTITUTION AS A STEP TOWARD ADMISSION AS A STATE IN THE UNION. ENABLING ACT 2. ONE TYPE OF FEDERAL MONIES TO BE USED IN SOME PARTICULAR BUT BROADLY DEFINED AREA OF PUBLIC POLICY. BLOCK GRANT 3. FINANCIAL AID GRANTED BY ONE GOVERNMENT TO ANOTHER WITH THE FUNDS AVAILABLE SUBJECT TO CERTAIN CONDITIONS AND TO BE USED FOR CERTAIN PURPOSES. GRANTS-IN-AID PROGRAMS. 4. A CONGRESSIONAL ACT ADMITTING A UNITED STATES TERRITORY INTO THE UNION AS A STATE. ACT OF ADMISSION

CHAPTER 4 SEC. 2 QUESTIONS


1. FOR WHAT REASON DOES THE CONSTITUTION OBLIGATE THE NATIONAL GOVERNMENT TO PROTECT EACH STATE AGAINST FOREIGN INVASION? (104) IT WAS NOT CLEAR (IN 1789) THAT AN ATTACK ON ONE STATE WOULD BE REGARDED AS AN ATTACK ON ALL. STATES WANTED A GUARANTEE BEFORE GIVING UP THEIR WAR-MAKING POWER. AGAINST DOMESTIC VIOLENCE? (104) STATES MIGHT NEED ASSISTANCE. 2. DOES THE NATIONAL GOVERNMENT NEED AN INVITATION FROM THE STATES GOVERNOR TO QUELL CIVIL DISORDER? (104) NO

4
3. IN WHAT SENSE DOES THE CONSTITUTION REQUIRE THE NATIONAL GOVERNMENT TO RESPECT THE TERRITORIAL INTEGRITY OF EACH STATE? (104) CONGRESS MAY NOT CREATE NEW STATES FROM EXISTING ONES WITHOUT CONSENT. THEY MUST INCLUDE REPRESENTATIVES FROM EACH STATE AND EACH STATE HAS EQUAL REPRESENTATION IN THE SENATE. 4. WHO HAS EXCLUSIVE POWER TO ADMIT NEW STATES? (106) CONGRESS.

4
5. HOW DOES THAT PROCESS GENERALLY WORK? (106) AN AREA DESIRING STATEHOOD PETITIONS CONGRESS. CONGRESS PASSES AN ENABLING ACT. THIS ENABLES THE TERRITORY TO DRAFT A STATE CONSTITUTION. IF ITS APPROVED BY THE VOTERS THEN CONGRESS PASSES AN ACT OF ADMISSION. IF PRESIDENT SIGNS, THE TERRITORY BECOMES A STATE.

4
6. WHY WAS THE REPUBLICAN-FORM GUARANTEE USED EXTENSIVELY AFTER THE CIVIL WAR? (103) BECAUSE STATES RE-ENTERING THE UNION NEEDED TO DEMONSTRATE THAT THEIR LAWS RECOGNIZED THE VOTING AND CIVIL RIGHTS OF AFRICAN-AMERICANS. 7. ON WHAT GROUNDS DO SOME PEOPLE OPPOSE FEDERAL GRANTS-IN-AID PROGRAMS? (108) IT GIVES THE NATIONAL GOVERNMENT AUTHORITY WHERE THE CONSTITUTION DID NOT INTEND. (most are categorical and conditional and must be used for certain closely defined purposes) (IT BLURS THE LINE OF AUTHORITY BETWEEN STATES AND FEDS) ON WHAT GROUNDS DO SOME PEOPLE SUPPORT THEM? GRANTS PROVIDE STATES WITH NEEDED FUNDS. WHATS A BLOCK GRANT? (109) Grants to states and local government with more broadly defined purposes

4
8. WHAT WAS THE REVENUE SHARING PROGRAM AND WHAT BECAME OF IT? * THE FEDERAL GOVERNMENT GAVE STATES A SHARE OF TAX REVENUE. REAGAN ENDED IT TO REDUCE THE FEDERAL DEFICIT. (GOVERNORS LOVED THE FUND SINCE IT HAD VIRTUALLY NO STRINGS ATTACHED.) LIST OTHER FORMS OF FEDERAL AID TO STATES: (109) FBI helps local law enforcement / lulu payments/ equip and train the national guard / provide census data 9. LIST THREE WAYS THE STATES AID THE NATIONAL GOVERNMENT: (109) THEY REGULATE NATIONAL ELECTIONS STATE COURTS CONDUCT NATURALIZATION PROCEDURES THEY HELP CAPTURE FEDERAL CRIMINAL SUSPECTS.

CHAPTER 4 SEC.3 VOCAB.


1.AGREEMENTS AMONG THE STATES. INTERSTATE COMPACT 2. THE LEGAL PROCESS BY WHICH A FUGITIVE FROM JUSTICE OF ONE STATE IS RETURNED BY ANOTHER STATE. EXTRADITION. 3. STATE TO WHICH AN ACCUSED PERSON HAS FLED. ASYLUM STATE. (THE STATE THEY FLED FROM IS CALLED THE DEMANDING STATE) 4. TO RESPECT THE VALIDITY OF FULL FAITH AND CREDIT

CHAPTER 4 SEC.3 QUESTIONS


1. WHAT AGREEMENTS DOES THE CONSTITUTION PROHIBIT STATES FROM MAKING? (111) TREATIES, ALLIANCES AND CONFEDERATIONS. 2. LIST THREE ISSUES THAT STATES HAVE RECENTLY MADE COMPACTS ABOUT. (111) CONSERVATION OF RESOURCES (water, oil, wildlife, fish) COUNTER THE EFFECTS OF CLIMATE CHANGE DEVELOPMENT OF HARBORS STREAM AND HARBOR POLLUTION FOREST FIRE PROTECTION etc. THE COOPERATIVE USE OF PUBLIC UNIVERSITIES 3. WHAT IS AN EXCEPTION TO THE FULL FAITH AND CREDIT CLAUSE? (112) ENFORCEMENT OF OTHER STATES CRIMINAL LAWS. (applies only to civil not criminal matters)

4
4. WHAT IS A COMPACT THAT ALL 50 STATES HAVE JOINED? (111) COMPACT FOR SUPERVISION OF PAROLEES AND PROBATIONERS COMPACT ON JUVENILES 5. WHAT CASE ESTABLISHED THE PRINCIPLE THAT STATES WERE NOT REQUIRED TO APPLY FULL FAITH AND CREDIT TO QUICKIE DIVORCES OBTAINED IN OTHER STATES? (112) WILLIAMS v. NORTH CAROLINA

4
6. WHAT WAS THE SIGNIFICANCE OF THE PUERTO RICO v. BRANSTAD CASE? (1987) (114) IT HELD THAT AN UNWILLING GOVERNOR MUST EXTRADITE A FUGITIVE. 7. INTERSTATE CITIZENSHIP, IS A SHORTHAND DESCRIPTION OF WHAT CLAUSE? (114) PRIVILEGES AND IMMUNITIES CLAUSE. (A RESIDENT OF ONE STATE MAY NOT BE DISCRIMINATED AGAINST UNREASONABLY BY ANOTHER STATE?)

NULLIFICATION
The power of states to declare a federal law unconstitutional. (null and void)

JOURNAL ENTRY
ANARCHY VS. TOTALITARIANISM (IF FORCED TO CHOOSE BETWEEN THESE TWO GOVERNMENTAL CHOICES, WHICH SYSTEM WOULD YOU PREFER TO LIVE UNDER AND WHY?)

CHAPTER 5 Political Parties


(Section One The Parties and What they Do) Vocabulary: 1. Republicans and Democrats Major parties 2. a group of persons who seek to control government through the winning of elections and the holding of public office Political party 3. a union of many persons of diverse interests Coalition 4. the dominant political parties in the U.S. Major parties

5
1. What pivotal role do parties play in democratic government? That of power brokers bringing conflicting groups together (vital link between the people and their government) 2. What does it mean to say that the 2 major parties are more election-oriented than issue-oriented? The two major parties are primarily interested in electing officials. There is little in the way of ideology or concern for issues that binds all of the members together. 3. What are the most important functions performed by parties in American politics? Nominating function Informer-stimulator function seal of approval function (bonding agent function) Governmental function Watchdog function

5
4. Under the system of separation of powers, what usually is the agent that prompts cooperation between the legislative and executive branches. Political parties 5. The function of the loyal opposition is to do what? Criticize the policies of the party in power (SECTION TWO THE TWO-PARTY SYSTEM) Vocabulary 1. institution that promotes continuation of the two-party system single-member districts 2. the largest number of votes cast for an office plurality

5
3. general agreement Consensus 4. culture composed of many distinct subgroups Pluralistic society 5. one of the less widely supported parties in the political system Minor party (SECTION TWO QUESTIONS) 1. What 4 factors help to explain the existence of Americas twoparty system? History / tradition / the electoral system / ideological consensus 2. The two-party system in America goes back to when? The fight over ratification of the Constitution

5
3. Explain why only 2 parties successfully compete in the American political system: Two parties emerged out of the beginnings of American political history. The electoral system, with its single-member districts and requirement that a mere plurality be necessary for election, also contributes to the two-party system. The fact that the two parties control the process by which election laws are made also contributes, as does an ideological consensus in American society (One Nation After All) 4. What does the statement Americans are an ideologically homogeneous people mean? Americans share basic political ideals 5. In general, what kind of voters do each of the major parties attract?

5
The two parties each include a cross-section of racial, social, and political groups (big-tent parties) 6. Describe the alternative to the two-party system: A multi-party system, common in Europe, involves parties based on a particular interest (Green Party etc.) Typically, several parties join together in a coalition to form a government. One-party systems are really no-party systems. 7. What do multiparty systems tend to produce? (allegedly) Political instability (SECTION THREE THE TWO-PARTY SYSTEM IN AMERICAN HISTORY) Vocabulary: Jefferson and Madison were leaders of this party Democratic-Republicans

5
2. the party that developed in opposition to the Jacksonian Democrats Whig Party 3. this was a period of one-party rule Era of Good Feeling 4. Hamiltons party the party of the rich and well born Federalist Party 5. this expanded to include all white males during the Jacksonian era Electorate (QUESTIONS) 1. Out of what circumstances did the nations 1st 2 parties arise? Out of the battle over ratification of the Constitution

5
2. What were those parties? Federalists and Anti-Federalists 3. Since 1800 the history of the American party system can be divided into what 4 eras? Democrats 1800 1860 (won 13 of 15) Republicans 1860 1932 (won 14 of 18) Return of the Democrats 1932 1968 (won 7 of 9) Era of Divided Government 1968 2008 4. Which of these groups was NOT part of the coalition that backed the post-Civil War Republican Party? (African-Americans / business and financial leaders / western farmers / southerners) Southerners

5
5. What was the result of the critical election of 1896? It was a Republican victory that signaled an end to divisive sectional conflicts (it pushed party politics back towards the economy) 6. Much of the present era has been marked by what unusual feature? The era has been one of often divided government (SECTION FOUR The Minor Parties) Vocabulary: 1. party based on a particular set of beliefs, a comprehensive view of social, economic, and political matters Ideological party 2. those parties which have split away from a major party Splinter party

5
3. those parties rooted in periods of economic discontent Economic protest parties 4. those parties concentrating on a single public policy matter Single-issue parties 5. the two major parties are examples of this Broad based coalition 6. Libertarian Party is an example Ideological party 7. the Know Nothing and Right to Life parties are examples Single-issue parties 8. the Bull Moose Party Splinter party

5
9. the Greenback Party was an example Economic protest party (QUESTIONS) 1. What are the major characteristics of the typical minor party in American politics? Short-lived, based on a single issue, and formed around a strong personality 2. In what ways have minor parties been important in politics in the United States? In their roles as critic and innovator 3. Which type of minor party has had the greatest longevity? Ideological parties

5
4. Why is the innovator function a source of frustration to minor parties? Whenever their proposals have gained significant popular support, the major parties have taken them over 5. Free Soil Party / Know-Nothing Party and Right to Life Party are all examples of what kind of party? Single issue parties 6. Whats it mean when minor parties play a spoiler role? When they take enough votes away from one of the two major parties to cost its candidate the election (Nader and Gore in 2000) 7. Unlike major parties, minor parties are usually willing to do what? Take clear-cut stands on controversial issues

5
(SECTION FIVE The Organization of Political Parties) Vocabulary: 1. voting for candidates of both parties for different offices at the same election Split-ticket voting 2. a unit into which cities are often divided for the election of city council members (Avon Lake has 4 of these) Ward 3. the smallest unit of election administration Precinct (QUESTIONS) 1. What factors contribute to the lack of organization of the major political parties?

5
Federalism, with the separate political units of the country and the states, fragments the party. The nominating process, which pits members of a party against each other, also fragments the parties. 2. Describe the organization of the parties at the national level: The party in power has the President to serve as party head. There is also the convention, the national committee, and the national chairperson, which direct and shape the national efforts of the party 3. Describe the organization of the parties at the state and local levels: The parties in each state have a state central committee and a state chairperson. These help further the party goals at the state level. Local organizations varies widely. Often local units exist for each electoral unit

5
4. What are the 3 elements of the parties in terms of the roles of their members? The party organization / the party in the electorate / the party in government 5. Who is the automatic leader of the party in power? The President 6. Between elections, the affairs of both major parties are handled by each partys what? National committee 7. What features have led some observers to predict the collapse of the party system? A sharp drop in the number of voters willing to identify with one of the major parties, an increase in split-ticket voting

5
Structural changes and reforms Technological changes in campaigning and Growth of single-issue organizations

Chapter 6 Voters and Voter Behavior


(SECTION ONE The Constitution and the Right to Vote) Vocabulary 1. the potential voting population Electorate 2. two words that mean the right to vote Suffrage and franchise (QUESTIONS) 1. At what level of government are voter qualifications set? State 2. At the time the Constitution was ratified who was eligible to vote? White male property owners

6
3. What 2 long-term trends have marked the development of the right to vote in the U.S. ? Gradual elimination of restrictions and assumption by the Federal Government of the states power 4. List and explain the 5 distinct stages which have led to the growth of the American electorate: (1) in the early 1800s, many restrictive suffrage qualifications from the colonial era disappeared (religious qualifications, property ownership etc.) (2) following the Civil War, the passage of the 15th Amendment said you could not be denied the right to vote based on race, color, or condition of previous servitude (3) the 19th Amendment of 1920 ensured that no one could be denied the right to vote because of gender

6
(4) the civil rights movement of the 1950s and 1960s (Voting Rights Act of 1965) (5) the 26th Amendment, provides that no one age 18 or older can be denied the right to vote 5. What 5 restrictions does the Constitution place on the power of the states to set voter qualifications? States must not: (1) deny anyone who votes for members of the state legislatures most numerous branch the right to vote for members of Congress (2) deny suffrage on the basis of race, color, or previous condition of servitude (3) deny the vote based on sex (4) levy a tax in connection with the election of President, V. P. or Congresspersons

6
(5) deny anyone 18 and over the vote 6. Identify which amendment did each of the following: Gave women the right to vote 19th Eliminated the poll tax 24th Lowered the voting age to 18 26th Said you cannot be denied the right to vote based on race, color, or condition of previous servitude 15th Gave presidential electors to the District of Columbia 23rd

6
7. The Voting Rights Act of 1965 was an effort to ensure voting rights for whom? African Americans (SECTION TWO Voter Qualifications Among the States) Vocabulary: 1. noncitizen Alien 2. to take away the right to vote Disfranchise 3. procedure of voter identification Registration 4. ability to read and write literacy

6
5. device once used to prevent African Americans from voting Poll tax (QUESTIONS) 1. On what 2 bases does each state now set voter qualifications? Citizenship and residency 2. For what 2 reasons did states adopt residence requirements? (1) the residence requirement was in part meant to keep a political machine from importing bribing enough outsiders to affect the outcome of local elections. (2) every state has accepted the view that every voter should have at least some time in which to become familiar with the candidates and issues in an election

6
3. In general, how long must a person be a resident of a place before becoming a qualified voter? 30 days 4. What is the essential purpose of voter registration? It is supposed to prevent fraud in elections 5. For what reasons do some people urge its elimination? Some people believe it prevents the poor and members of minority groups from voting 6. For what reasons did Congress decide that literacy cannot be used as a voting qualification anywhere in the U.S. ? Literacy tests had been used often to deny qualified voters suffrage 7. How was the poll tax used as a voting qualification? What finally became of this device?

6
It was used to disfranchise African Americans It was outlawed in federal elections by the 24th Amendment; the Supreme Court later ruled the use of a poll tax unconstitutional 8. What was a grandfather clause? A clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1870. (15th Amendment) 9. No state allows what group of people to vote? Mentally incompetent persons (SECTION THREE Suffrage and Civil Rights) Vocabulary: 1. a federal court order injunction

6
2. the practice of drawing the lines of electoral districts in order to limit the voting strength of a particular group or party Gerrymandering (QUESTIONS) 1. What was the purpose of the 15th Amendment? (to give African-Americans the right to vote) It says that no person can be denied the vote on the basis of race, color, or previous condition of servitude 2. For what reasons did the 15th amendment prove inadequate at protecting the suffrage of many African Americans? Congress did not support the 15th Amendment with necessary laws (this led to literacy tests, poll taxes, white primaries, grandfather clauses etc.)

6
3. For what reasons did Congress pass the civil rights laws? The civil rights movement helped inspire Congress to act 4. What role did Martin Luther King Jr. play? He played a large and inspirational role in the civil rights movement 5. What law led to the establishment of the Federal Civil Rights Commission? The Civil Rights Act of 1957 6. What law made the 15th Amendment a truly effective part of the Constitution? The Voting Rights Act of 1965 7. What law outlawed discrimination in job-related matters and banned the discriminatory use of registration requirements? The Civil Rights Act of 1964

6
8. What law provided for the appointment of federal voting referees? The Civil Rights Act of 1960 9. Which groups were considered a language minority under the terms of the 1975 extension of the Voting Rights Act? All persons of Spanish heritage, Native Americans, Asian Americans and Alaska Natives (SECTION FOUR Nonvoting) Vocabulary: 1. Citizens who did not vote or otherwise take part in public life idiots 2. influence or effectiveness in politics and the workings of government Political efficacy

6
3. the further down the ballot an office is, the fewer the number of votes that will be cast for it Ballot fatigue 4. lack of interest Apathy (is deadly to democracy Benjamin Franklin) 5. the fact that in presidential elections polls in the East close before polls in the West and news media often predict the outcome of a race before western voters may have gone to the polls thus discouraging turnout Time-zone fallout (QUESTIONS) 1. Who are the cannot voters ? How do they affect the nonvoter problem?

6
Cannot voters are those who have legitimate or legal reasons for not voting. They constitute a significant block of nonvoters although they are not the largest block. 2. Identify the causes for nonvoting: Illness, unexpected events, apathy, low income and education level, youth, lack of party identification 3. Which cause is the major one? Apathy (lack of political efficacy) 4. How does two-party competition affect voter turnout? It increases it 5. What characteristics are displayed by people most likely to vote? Higher levels of income, education and occupational status. They are usually well integrated into community life.

6
They tend to be long time residents who are active in or at least comfortable with their surroundings. They are likely to have a strong sense of party identification, believe that voting is an important act, and are subject to few cross-pressures (competing influences that would discourage their participation) they also are likely to live in those states and locales where laws, customs and competition between the parties all work to promote turnout. 6. What two factors outweigh most others in determining whether a person is likely to vote Two-party competition and a voters sense of political efficacy (SECTION FIVE Voter Behavior) Vocabulary: 1. one sign that there has been a decline in party loyalty is the decline of this -

6
Straight-ticket voting 2. the process by which people gain their political attitudes and opinions is known as Political socialization 3. peoples loyalty to a particular political party is known as Party identification 4. people who have no party affiliation Independents 5. a person who engages in this votes for candidates of both parties in the same election Split-ticket voting 6. since 1980, women have been noticeably less likely to vote Republican Gender gap

6
(QUESTIONS) 1. What are the sociological factors that influence a persons voting decisions? They include: income and occupation / education / sex and age / religious and ethnic background / geography / family and other group affiliations 2. Why is it important not to give too much weight to any one of these factors? Individual voters belong to different groups which may have different characteristic voting behaviors. Therefore they overlap and the characteristic voting behavior of any one group cannot be expected to hold for every single member of that group

6
3. What are the psychological factors that affect voting behavior? Party identification / candidate appeal / issues 4. What is the most significant lasting indicator of an individuals voting behavior? Party identification 5. Before the 1960s, those who identified themselves as independents generally had what characteristics? Less well-informed than the average voter Less concerned about politics than the average voter Less active in political affairs than the average voter

Chapter 7 The Electoral Process


(SECTION ONE The Nominating Process) Vocabulary: 1. primary in which a voter may vote for candidates from either party Blanket primary 2. like-minded group that meets to select candidates for office Caucus 3. naming of candidates for office Nomination 4. primary in which a voter may choose the party for whose candidates he or she wishes to vote Open primary 5. primary in which a voter may vote only for those candidates within the party of which he or she is a member

7
Closed primary (QUESTIONS) 1. In what ways is the nominating process key to the electoral process? It places practical limits on the choices voters have in a general election 2. What are 5 broad categories that describe the way that most nominations are made? Self-announcement / caucus / convention / direct primary / and petition 3. What nominating method is the oldest? Self-announcement

7
4. How has the nominating process in American politics changed over the course of American History? At first, self-announcement and then the caucus were the major means of nomination. In an effort to make the process more democratic, conventions and then primaries emerged as dominating nominating devices. The petition is also used widely today like in local elections. 5. Describe the different types of direct primaries that have been used in American politics: Closed primaries are those in which only party members may vote Open primaries are those in which any qualified voter may take part Blanket primary a version of the open primary in which voters may switch between the 2 parties for each office on the ballot

Closed vs. Open primary


3 arguments IN FAVOR of a closed primary: (1) It prevents one party from raiding the others primary hoping to nominate weaker candidates (2) It helps make candidates more responsive to the party, its platform, and its members (3) It helps make voters more thoughtful because they must choose between the parties in order to vote in the primaries Critics of the closed primary contend: (1) It compromises the secrecy of the ballot because it forces voters to make their party preferences known in public (2) Tends to exclude independents from the partisan nomination process

7
6. What is a nonpartisan primary? A primary in which candidates are not identified by party labels 7. What is the most recently developed method of selecting candidates for office? The direct primary (SECTION TWO Elections) Vocabulary: 1. professional politicians tend to favor this type of ballot because it discourages split-ticket voting Party-column ballot 2. the fact that a popular presidential candidate helps attract voters to other candidates on the partys ticket is known as Coattail effect

7
3. a voting district Precinct 4. voters go here to vote on election day Polling place 5. most scholars favor this type of ballot because it encourages splitticket voting Office-group ballot (QUESTIONS) 1. Why are the details of the electoral process vital to the success of democratic government? The details help to keep elections free, honest, and accurate at every step

7
2. What is the overall purpose and importance of election law in the American political process? Election laws are necessary to ensure fair elections. Fair elections are the foundation of democracy 3. For what reason is most election law in this country state rather than federal? The majority of elective offices are at the state and local levels 4. When are national elections held? On the Tuesday after the first Monday in November of evennumbered years 5. When are most state general elections held? State general elections are usually held the same day as the national election though some states elect in odd-numbered years or the spring

7
6. Why do some people favor separate dates for national and for state and local elections? So that voters will pay more attention to state and local elections and to lessen the coattail effect 7. To what extent is the Federal Government involved in governing elections? Congress fixes the time, place, and manner for the election of members of Congress. Congress also sets the time for the choosing of presidential electors as well as the date electors cast their ballots. Congress requires the secret ballot, and it has passed several laws to ensure voting rights. Finally, it has outlawed certain corrupt practices and become involved in the regulation of federal campaign finances.

7
8. What is the Australian ballot? How do office-group and party column ballots differ? The Australian ballot is printed at public expense, lists the names of all candidates, is given out only at the polls and is voted in secret The office-group ballot groups the candidates by office and the party column ballot lists each partys candidates in a column under the partys name 9. Critics of the bed-sheet ballot argue that only who should be elected while who should be appointed? Policy-makers should be elected while administrators are appointed 10. List 3 reasons for using voting machines in voting: To minimize vote-counting errors / to speed up the voting process and / to reduce the number of persons needed to administer elections

7
(SECTION THREE Money and the Election Process) Vocabulary: Political Action Committee (PAC) The political arms of special interest groups that have a major stake in public policy (QUESTIONS) 1. What makes money so important to the election process? Campaigning, especially buying media time, is costly 2. Why are campaign finances regulated by law? To ensure that campaigns for certain public offices are not corrupted 3. What are the major sources of campaign funding in American politics? Small contributors, wealthier persons, candidates themselves

7
Various groups such as PACs, and temporary organizations set up to support candidates. Money is also raised via party fund-raising events. Also the Federal Government has become a source of funds. 4. For what basic reasons do individuals contribute money to political candidates? Many give money because they believe in a candidate. Others hope to gain influence. 5. What is the Federal Election Commission? It is a federal agency that administers federal campaign finance laws 6. What 4 major areas of campaign finance are now covered by federal election laws? Disclosure / limits on contributions / limits on expenditures / and public funding of presidential campaigns

Chapter 8 Mass Media and Public Opinion


(SECTION ONE The Formation of Public Opinion) Vocabulary: 1. any person who, for any reason, has a more than usual influence on the views of others Opinion leader 2. those attitudes held by a significant number of persons on matters of government and politics Public opinion (QUESTIONS) 1. For our purposes, public opinion includes views on what 2 matters? Government and politics

8
2. What is political socialization? The process by which each person acquires political opinions 3. What factors shape public opinion? Family, schools, opinion leaders, the mass media, age, race, income, occupation, and residence 4. What 2 groups have the strongest impact on political socialization in the U.S. ? Family and schools 5. Citizenship skills are taught mainly where? In the schools 6. What constitutes the mass media? Television, radio, film, books, magazines, internet and newspapers

8
7. Why is it incorrect to say that public opinion represents the single, undivided view of the American people? There are few matters on which all the American people agree. Rather, the public holds many different and conflicting views on most questions (SECTION TWO The Measurement of Public Opinion) Vocabulary: 1. poll that asks a single question to a large , self-selected group Straw poll 2. a sample deliberately constructed to reflect several of the major characteristics of the universe being studied Quota sample

8
3. sample in which each member of the universe has a mathematically equal chance of being selected Random sample 4. instructions a constituency gives to its elected officials Mandate 5. private organization whose members attempt to shape public policy according to their shared view of an issue or issues Interest group (QUESTIONS) 1. For what reasons is public opinion measured? To see how people feel about a particular subject and to enable leaders to base public policy on public opinion

8
2. Name 4 means of measuring public opinion: Elections, activities of interest groups, the media, personal contacts with the public and polls 3. List the limitations of each of these means: Elections are influenced by many factors, so they can rarely be interpreted as an expression of public opinion on any one issue Interest groups it is often difficult to determine how well interest groups represent the views of their membership Media not very accurate mirrors of opinion Personal contacts are unlikely to comprise a representative sample of U.S. public opinion Polls may not be scientific, and even scientific polls often do not accurately measure intensity, stability, and relevance of an opinion

The Polling Process


1. Define the Universe to be surveyed The whole population that the poll aims to measure 2. construct a representative sample Law of probability dictates that a random sample of sufficient size is best 3. prepare valid questions Wording can affect the reliability of any poll 4. select and control the polling process In-person vs. phone or mail (all respondents must be questioned using the same method) 5. report their findings Analyze the data

8
4. What device best measures public opinion? Scientifically conducted public opinion polls 5. Why is the wording of questions a critically important fact in the scientific polling process? Wording can affect the answer and thus the reliability of a poll 6. Name 2 shortcomings of scientific polling: Pollsters have difficulty measuring intensity, stability, and relevance of the opinions they report and may create a bandwagon effect. (They are said to shape the opinions they are supposed to measure) 7. Universe is a term used to refer to what? The entire group whose opinions a poll seeks to measure 8. Why is it only partly true to say that government in the United States is government by public opinion?

8
Because the U.S. Constitution guarantees civil rights and liberties to those holding minority opinions. This curbs the views and actions of the majority when they interfere unjustly with minority interests 9. List 3 constitutional measures deliberately erected as a means to block immediate legal changes based on public opinion: Guarantees of civil rights and civil liberties The doctrine of separation of powers and The doctrine of checks and balances (SECTION THREE The Mass Media and Politics) Vocabulary: 1. those means of communication that can reach large, widely dispersed audiences simultaneously Mass media

8
2. a means of communication Medium 3. snappy reports that can be aired in 30 or 45 seconds or so Sound bites (QUESTIONS) 1. What are the 4 major media in terms of importance to American politics? Television / newspapers / radio and / magazines (internet) 2. What is the most powerful form of mass media? Television 3. in what 2 areas do the media have its greatest impact? The media has its greatest impact on the public agenda and electoral politics

8
4. In what 2 ways do the mass media provide the American people with political information? Directly news or indirectly programming (The West Wing) 5. What is the impact of the mass media on the public agenda? The mass media help shape the public agenda, what people talk about, however it does not tell them what to think about these issues 6. What is the impact of the mass media in electoral politics? The mass media have made candidates less dependent on parties and changed the way people campaign, placing the emphasis more on matters of style than on substance 7. What factors limit the impact of the mass media on electoral politics? Few people follow politics directly. Also, many people only selectively seek information from the media. Finally many media contain little substantive material on public issues

8
8. Which mass medium presents the most detailed coverage of news events and public issues? Newspapers

Chapter 9 Interest Groups


(SECTION ONE The Nature of Interest Groups) Vocabulary: 1. James Madison believed that pressure groups, which he called these, were dangerous and must be controlled Factions 2. Events and issues affecting the country as a whole are Public affairs 3. a private organization that seeks to influence government policy Interest group 4. the things that a government chooses to do Public policy 5. interest groups provide an avenue for individual citizens what Political participation

9
(QUESTIONS) 1. For what reason are interest groups sometimes called pressure groups or special interests ? They put pressure on the policy making process and they represent the interests of a special group 2. At what levels of government can you find interest groups operating? Such groups exist at any level of government where public policy is made or influenced 3. What are 3 main areas in which political parties and interest groups differ? Parties alone nominate candidates Parties aim to win elections, interest groups influence policies

9
Parties focus on many issues, interest groups focus on one or a narrow set of issues 4. What was James Madisons view of interest groups? How did he think they should be dealt with? Madison thought that factions were inevitable in human society and he was opposed to trying to abolish them it would eliminate freedom to do so. He felt that federalism and separation of powers would prevent any one group from becoming too powerful 5. What are the functions of interest groups in American politics? They stir public interest / represent members / provide information / serve as a vehicle for political participation / provide an element to the checks-and-balance system

9
6. On what basis are interest groups attacked? Some say they have too much influence, it is hard to tell whom a group represents, they may not represent all their members, some use tactics that are unethical (SECTION TWO Types of Interest Groups) Vocabulary: 1. group that seeks to institute certain public policies of benefit to all or most people in this country, whether they belong to or support that organization or not Public-interest group 2. interest group representing a segment of the business community Trade association

9
3. an organization of workers who share the same type of job or who work in the same industry Labor union (QUESTIONS) 1. For what reason has the United States often been called a nation of joiners ? Americans have tended to form many associations and groups. Many individuals belong to several groups 2. At what point does an association become an interest group? When it tries to influence public policy 3. On what basis are most interest groups founded? Economic or occupational interest

9
4. Into what categories do most interest groups fall? Most are based on economic interests. Others include groups that promote causes, groups that promote the welfare of certain groups, religious groups, and others 5. What are the major types of economically based interest groups? Business, agricultural, labor, and professional 6. What kinds of groups constitute the maze of other groups ? Groups promoting causes or the welfare of certain groups; religious organizations 7. What is the difference between private and public interest groups? Private groups represent the interests of a specific group. Public interest groups seek to achieve benefits for all people

9
(SECTION THREE Interest Groups at Work) Vocabulary: 1. activities by which group pressures are brought to bear on legislators Lobbying 2. technique of persuasion aimed at creating a certain popular belief Propaganda 3. PAC that concentrates on one issue Single-interest group 4. interest group that tries to promote the common good, rather than the narrow interests of its members Public-interest group

9
5. of or from the common people Grass roots (QUESTIONS) 1. What are the 3 overall goals of Interest Groups? To try to influence public opinion Work to affect the outcome of elections Lobby those who make public policy 2. What is the single most significant long-term force in American politics? Public opinion 3. For what 3 reasons do interest groups reach out to the public? To provide information to the public

9
To build and promote their positive image To promote policies 4. Identify the major techniques of the propagandist: Plain folks / bandwagon / glittering generalities / card stacking / transfer /and testimonial 5. Which technique might involve the endorsement of a celebrity? Testimonial 6. The statement that as a technique, propaganda is amoral means what? Its neither good nor bad 7. For what reason is it correct to say that propagandists are not teachers? They are not interested in communicating the truth or communicating knowledge

9
Rather they are interested in promoting their cause (not meant to inform but persuade) 8. For what reason must interest groups put pressure on government agencies beyond the legislature? A laws impact can be affected by executive or judicial policies 9. What are some of the key skills of a good lobbyist? Lobbyists must provide credible information and they must know government 10. To what extent are most interest groups concerned about elections? Most groups are interested in elections only to the extent that they have the potential to affect public policy

9
11. What is the exception to this rule? Single-interest groups which focus entirely on one issue are the exceptions 12. At what stage of policymaking must lobbyists be involved? Why? Lobbyists are involved at any stage where they have an opportunity to influence policy, including administrative agencies and courts. They must operate in these realms because even after a policy has been enacted in the form of a law, it is subject to pressure in such areas as its administration and enforcement 13. What are lobbyists required to do by the Federal Regulation of Lobbying Act of 1946? Register with the clerk of the House and secretary of the Senate

9
14. Why has the law proved to be inadequate? Some lobbyists insist lobbying is only an incidental activity for them, so they do not have to register.

Chapter 10 Congress
(SECTION ONE The National Legislature) Vocabulary: 1. a meeting called by the President to deal with a pressing issue Special session 2. having a two-house legislature Bicameralism 3. the specified length of time served by elected officials in their elected offices Term 4. the regular period of time during which a legislative body conducts business Session

10
(QUESTIONS) 1. What is the basic function of Congress? Translating public will into public policy 2. Why is Congress at the heart of the most basic governmental function of our democratic system? Because Congress makes the nations laws (Article I of the Constitution) 3. What are the historical, practical and theoretical reasons for bicameralism in Congress? Historical parliament and most colonial legislatures were bicameral Practical bicameralism settled conflicts that arose at the Constitutional Convention over representation (The Great Compromise)

10
Theoretical bicameralism fulfilled the Framers concept of checks and balances 4. George Washington believed that the Senate would soften some of the more extreme legislation of what group? The House of Representatives 5. Whats the main justification for a state with a small population having the same number of senators as a state with a large population? A body would be formed in which states were represented as coequal members and partners in the Union 6. Can either house of Congress end a session of Congress without the consent of the other? no (sine die finally ending a session)

10
7. Who has the power to call a special session of Congress? The President 8. Why does he have little opportunity to do so now? Because Congress now meets nearly year-round (SECTION TWO The House of Representatives) Vocabulary: 1. held between presidential elections Off year elections 2. when a representative is chosen from the state as a whole at-large (district) 3. distributed apportioned

10
4. District drawn to the advantage of the political party in control of a state legislature Gerrymandered (districts should be compact / contiguous / approximately equal in population) 5. geographical district from which a representative is chosen from a field of candidates Single-member district (QUESTIONS) 1. How many seats are currently in the House of Representatives? 435 2. Whats the term of office for a member in the House of Representatives? 2 years

10
3. Are there term limits for members of Congress? (if so what are they?) No 4. What are the major provisions of the Reapportionment Act of 1929? permanent size of the House is 435; Census Bureau decides each states representation; President sends plan to Congress; It becomes law unless rejected within 60 days 5. When must congressional elections be held? The Tuesday after the first Monday of November in even-numbered years

10
6. Who draws congressional districts in each state? The state legislature 7. What was the significance of the Supreme Court decision in Wesberry v. Sanders? Helped end rural over-representation and established the oneperson, one-vote rule 8. What are the constitutional qualifications for membership in the House of Representatives? Must be at least 25 years old, a citizen for at least 7 years, and a resident of the state from which they are elected (districts not mandated until 1842) 9. What powers does the House have over the elections and qualifications of its members? It is the judge of elections, returns and qualifications of its members

10
(the House may refuse to seat a member-elect by a majority vote. It may punish or censure its own members for disorderly behavior by majority vote and expel a member by a 2/3 vote) 10. What was the significance of the Supreme Court decision in Powell v. McCormick? The Court held that the House could not exclude a member-elect who meets the Constitutions standards of age, citizenship, and residence 11. Name Avon Lakes current representative in Congress and what congressional district Avon Lake is in: Betty Sutton and the 13th District (AL is moving into the 9th District) (SECTION THREE The Senate) Vocabulary:

10
Define continuous body A legislative body whose seats are never all up for election at the same time (QUESTIONS) 1. Because the Senate has stricter qualifications than the House, more prestige, a longer term of office and has been a stepping stone to higher political office it is often referred to as the what? The upper-house of Congress 2. Before the adoption of the 17th Amendment in 1913, who chose Senators? State legislatures 3. How many people now serve in the Senate? 100

10
4. How is that number determined? The Constitution states that each state will have 2 senators (Article V of the Constitution forbids any amendment from changing that) 5. What is the term of office for a Senator? 6 years 6. Are there term limits for U.S. Senators? (if so, what are they?) No 7. Why are senators given a longer term of office? To make senators less subject to the pressures of public opinion and to the pleas of special interests, so they can focus on the big picture of government 8. In what way is the Senate a continuous body? Only 1/3 of its members are up for election at any one time

10
Continuous Body a governing unit whose seats are never all up for election at the same time This was achieved by staggering the first Senate

(A) 1789 91- 97 03 09 etc. (B) 1789 93 99 05 11etc. (C) 1789 95 01 07 13 etc.
The two U.S. Senators from the same state will never be on the ballot at the same time UNLESS there is a vacancy. Then its possible the voters would vote to see who would complete the vacated term as well as vote for the regular election of a senator to complete a full term.

10
9. What are the constitutional qualifications to be in the U.S. Senate? Must be at least 30 years old / a citizen for at least 9 years and / a resident of the state from which they are elected 10. What powers does the Senate have over the election qualifications of its members? Like the House, the Senate is the judge of the elections, returns, and qualifications of its members and like the House, they can exclude a member-elect by majority vote / punish or censure its members for disorderly behavior by majority vote and / expel a member by a 2/3 vote 11. Name Ohios current 2 U.S. Senators: Sherrod Brown (D) and Rob Portman (R)

10
(SECTION FOUR The Members of Congress) Vocabulary: 1. people in a member of Congress state or district Constituents 2. role of member of Congress who decides issues on merit alone Trustee 3. job of checking to see if agencies in the executive branch are working efficiently and according to law Oversight function 4. role of a member of Congress as a balancer of conflicting factors Politico 5. role of a member of Congress as a follower of party leadership partisan

10
(QUESTIONS) 1. What are the principal roles that a member of Congress plays? Members may be legislators, committee members, representatives of their constituents, servants of their constituents and politicians 2. What are the 4 voting options that a member of Congress has? They may cast their votes as trustees (attitudinal) / delegates (representational) / partisans (organizational) / or politicos 3. Who sets the salary for members of Congress? How has that fact led to controversy? Congress sets its own salaries. This gives Congress the power to vote itself significant raises, but also applies significant political pressure (27th Amendment delays the effectiveness of raises)

10
$174,000 For a regular member of Congress $223,500 Speakers salary $193,400 Majority and Minority Leaders salary (minimum salary in major league baseball = $480,000) * Congress gets a COLA unless they vote NOT to take it.

10
4. Whats one of the greatest checks on congressional pay raises? Fear of voter backlash 5. What is the usual reason given for high congressional salaries? High salaries can make public service appealing to qualified people 6. What are some of the non-salary compensation benefits that members of Congress receive? Special tax breaks / a liberal pension plan / more office and travel funds / franking priviliege etc. 7. Why does the Constitution guarantee that the courts may not prosecute members of Congress, no matter what they say in the House or Senate? (the Speech and Debate Clause) Freedom of speech is vital to legislative debate

Chapter 11 Powers of Congress


(SECTION ONE The Scope of Congressional Powers) Vocabulary: 1. one who advocates a narrow interpretation of the Constitutions provisions, in particular those granting power to government (like Jefferson) Strict constructionist 2. one who believes the provisions of the Constitution, in particular those granting power to government, are to be construed in broad terms (like Hamilton) Liberal constructionist (QUESTIONS) 1. What 2 concepts describe the nature of the United States Government that places limits on what Congress can do?

11
Limited government and federalism 2. What 3 types of power are given to Congress in the Constitution? Expressed / implied / and inherent 3. Who led the strict constructionists? Thomas Jefferson 4. Who led the liberal constructionists? Alexander Hamilton 5. Which level of government was most valued by the strict constructionists? State government 6. Who believed that government is best that governs least? Thomas Jefferson and the strict constructionists

11
7. List 3 major reasons as to why the liberal constructionist view prevailed: Wars and economic crises called for national action Spectacular advances in transportation and communication impacted the scope of the government The people themselves demanded more services from government (SECTION TWO The Expressed Powers) Vocabulary: 1. legal proceeding in which someones assets are distributed among those to whom a debt is owed Bankruptcy 2. first paid by one person, but then passed on to another Indirect tax

11
3. must be paid by the person on whom it is imposed Direct tax 4. the power to take private property for public use Eminent domain 5. money that a creditor must by law accept in payment of debt Legal tender 6. grants a person the sole right to manufacture, use or sell any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof Patent 7. the exclusive right of an author to reproduce, publish, and sell his or her creative work copyright

11
(QUESTIONS) 1. Most of the expressed powers of Congress are found where in the Constitution? Article I Section 8 2. What are the 3 main reasons that the federal government taxes? To meet public needs / to protect the nations domestic industries (tariffs) and / to protect public health and safety (licensed pharmacists etc.) 3. List the 4 explicit limitations that the Constitution places on the taxing power: Congress may tax only for public purposes not private benefit Congress may not tax exports Direct taxes must be apportioned among the states according to their population

11
All indirect taxes must be levied at the same rate in all parts of the country 4. What constitutional principle was involved in the Gibbons v. Ogden case in 1824? The national government, not individual states, must regulate interstate commerce (Ogden was Fultons agent, licensed by N.Y. / Gibbons was licensed by the federal government) 5. List the 4 explicit limitations placed on the commerce power by the Constitution Forbids Congress the power to tax exports Prohibition of favoring one States ports over anothers Prohibition of requiring vessels from one state to pay duties in another state Slave trade compromise (couldnt deal with it for 20 years)

11
6. Hepburn v. Griswold / The Legal Tender Cases and / Julliard v. Greenman all dealt with what expressed power of Congress? The currency power (SECTION THREE The Implied Powers) Vocabulary: 1. Necessary and Proper Clause Article I Section 8 Clause 18, it is from this provision that implied powers flow (QUESTIONS) 1. What is another name for the Necessary and Proper Clause? Why? It is called the elastic clause because over time it has been used to stretch the powers of Congress

11
2. What was the 1818 event that prompted the McCulloch v. Maryland case to come before the Supreme Court? Maryland attempted to tax federal bank notes 3. What 2 constitutional principles were re-enforced by the decision in McCulloch v. Maryland? The concepts of implied powers and the supremacy of the national government over the states. 4. List John Marshalls 3 rules for the acceptability of an implied power: It must be within the scope of the Constitution It must serve some legitimate purpose and Be consistent with the letter and the spirit of the Constitution

11
5. What is the doctrine of implied powers and what limitation does this place on those powers? Congress has any power reasonably related to the exercise of the expressed powers (SECTION FOUR The Non-legislative Powers) Vocabulary: 1. confirm presidential appointments and treaties Executive powers 2. bring charges against Impeach 3. gather information Investigatory powers

11
1. What role does Congress play in the Constitutional Amendment process? Congress can propose amendments by a 2/3 vote or call a national convention upon the request of 2/3 of the state legislatures 2. Which issue in recent years has come closest to having Congress call a national convention to amend the Constitution? A balanced national budget 3. Who makes the choice if the Electoral college fails to elect the President? Who must they choose from? The House of Representatives, voting as individual states, chooses from the top 3 contenders in the electoral college balloting 4. Who makes the choice if the Electoral College fails to elect a Vice-President?

11
The Senate , voting as individuals, would choose. 5. How is a Vice-Presidential vacancy filled? The President appoints and they must be confirmed by BOTH houses of Congress. (25th Amendment) 6. Which chamber of Congress has the power to impeach? Which has the power to try those who are impeached? The House of Representatives has the power to impeach by a simple majority vote. The senate then trys the person and it takes a 2/3 vote to convict (Andrew Johnson survived by 1 vote thanks to Edmund Ross of Kansas Profiles in Courage) 7. What institution has the responsibility of confirming or rejecting presidential appointees and treaties? The Senate

11
8. List 5 main reasons to conduct Congressional investigations: (1) gather information useful to Congress in making legislation (2) oversee the operations of various executive branch agencies (3) focus public attention on a particular subject (4) expose the questionable activities of public officials or private persons (5) promote the particular interests of some members of Congress

Chapter 12 Congress in Action


(SECTION ONE Congress Organizes) Vocabulary: 1. presiding officer of the Senate President of the Senate (Vice-President) 2. most important posts go to ranking members Seniority rule 3. temporary presiding officer President pro tempore 4. closed meeting Party caucus 5. assistant of party floor leaders whip

12
(QUESTIONS) 1. Why is the organization of the Senate at the beginning of each term easier and less time consuming than that of the House? Because the Senate is a continuous body 2. Can the president of the Senate vote to cause a tie? Can the Speaker of the House? The president of the Senate can ONLY vote to BREAK a tie not to cause one. The Speaker of the House (being a member) may vote to cause a tie. 3. Whats the main way a member of Congress can be appointed a committee chairperson? Seniority

12
4. List 3 main arguments against the seniority rule: The rule ignores ability The rule discourages young members of Congress The rule promotes a safe constituency for committee chairpersons 5. List 3 main arguments that support the seniority rule: Ensures that a powerful and experienced member will head each committee The rule is easy to apply It very nearly eliminates the possibility of fights within the party (SECTION TWO Committees in Congress) Vocabulary: 1. committee composed of members from both houses Joint committee

12
2. a temporary joint body created to iron out the differences in the bill Conference committees 3. a special group set up for some specific purpose (often to investigate some current matter) for a limited time Select committee 4. a permanent group to which all similar bills are sent Standing committees (QUESTIONS) 1. What is a standing committee? Why are such committees called subject-matter committees? The regular, permanent committees of each house that deal with bills introduced to congress. Each committee deals with a specific subject matter or area

12
2. Most congressional investigations are conducted by what kind of committees? Standing committees 3. Why is party politics so important in congressional organization? The majority party always holds the chairmanship and a majority of the seats on each committee 4. What describes the main work of the House Rules Committee? It decides if a bill will be taken up by the full House (acts as the traffic cop of the House) 5. What is a select committee? A special committee set up for a specific time and purpose (usually to investigate some current matter)

12
6. Whats the job of a conference committee? To iron out differences in bills from both houses (3rd House of Congress) 7. Why is the conference committee sometimes called the 3rd House of Congress? Its made up of powerful members of the House and Senate The fact that its report usually comes in the midst of the rush to adjournment at the end of a congressional session and It must be accepted or rejected without amendment (SECTION THREE How a Bill Becomes a Law The House) Vocabulary: 1. voted on by either house, but has no force of law resolution

12
2. the House sitting as a large committee of itself Committee of the Whole 3. provision attached to an important measure Rider (non-germane amendment) 4. majority of the full membership of either house Quorum (minimum needed to do official business) 5. enables members to force a bill out of a committee pigeonhole discharge petition (rare) (QUESTIONS) 1. From what main sources do drafts of bills originate? Private citizens, the executive branch, pressure groups, standing committees

12
2. Who only may introduce a bill in Congress? Only a member 3. What happens to a bill after its first reading? It is referred to the appropriate standing committee 4. How many readings does a bill traditionally have? Why? three, because it was an ancient parliamentary practice used when some members of Congress could not read 5. What options does a full committee have when acting on a bill? Report the bill favorably / report the bill unfavorably (discharge petition) / pigeonhole it (kill it) / report it in an amended form / create an entirely new bill based on the old one 6. How can the House Rules Committee kill a bill even after it has been recommended by a standing committee?

12
By not granting a rule for a bill or setting a time for its appearance on the floor. 7. List and explain the 4 methods for taking a floor vote in the House: Voice vote oral, quick, anonymous, most common Standing vote (division of the House) Teller votes - the Speaker names two tellers, one from each party, members pass between them and are counted (rare) Roll call vote done electronically in the House (48 stations) (SECTION FOUR The Bill in the Senate and the Final Stages) Vocabulary: 1. refusing to sign a bill veto

12
2. talking a bill to death Filibuster 3. rejecting one or more money items in an appropriations bill Line-item veto 4. limiting debate Cloture 5. may be used by a chief executive after a legislature has adjourned Pocket veto (QUESTIONS) 1. What is the major difference between floor debate in the House and the Senate? The Senate has fewer rules because of its smaller size

12
2. What is the Senates check on the filibuster? How is the procedure invoked? Cloture may be invoked by 3/5 of the Senate (60 votes) 3. Why do many senators hesitate to support the cloture motion? Senators are reluctant to use cloture because doing so weakens one of their most potent weapons. Senators also deeply cherish the Senates tradition of free debate 4. When is a conference committee formed and why is its job needed? When each house passes a different version of the same bill it is necessary to reconcile the differences because all bills must pass in identical form

12
5. What is supposedly a rule that restricts the conference committee? No new material can be included in the compromise version (largely ignored) 6. Why is a conference committees report seldom rejected by either house? It must be accepted or rejected without amendment The committee is made up of powerful members of both houses The report usually comes in the midst of the rush to adjournment at the end of a congressional session 7. List and explain the 4 options the president has when he receives a measure passed by both houses of Congress: Sign it (most common)

12
Veto it Leave it alone for 10 days, if Congress is in session, it will automatically become law without his signature Pocket veto (if Congress adjourns its session within 10 days of submitting a bill to the President and the President does not act, the measure dies Sundays are not counted)

Chapter 14 The Presidency in Action


(SECTION ONE The Changing View of Presidential Power) Vocabulary: 1. media Means of communicating with people, such as the press, radio, television etc. (QUESTIONS) 1. Around what 2 competing views of the executive power can much of the nations political history be written? Those who want a weaker presidency and those who favor a more independent president 2. Which view has prevailed and for what reasons? Those who favored a strong presidency carried the day. The reasons include the unity of the office, the influence of strong presidents

14
The pressures brought by the growing complexity of American society and economy, the actions of presidents in emergencies, and the willingness of Congress to grant the president more power. The President has a huge staff and a unique position from which to appeal to the people and thus increase the stature of the office 3. Why has Congress delegated a great deal of authority to the President? Congress has time to provide only general outlines for public policy 4. Identify whether the following favored a stronger or weaker presidency: Thomas Jefferson Weaker Roger Sherman weaker

14
Alexander Hamilton Stronger James Wilson Stronger James Madison Stronger Franklin Roosevelt Stronger Theodore Roosevelt Stronger William Howard Taft Weaker

14
(SECTION TWO The Presidents Executive Power) Vocabulary: 1. presidential directives, they have the force of law Executive orders 2. the power to issue executive orders Ordinance power 3. Andrew Johnsons impeachment was partly a dispute over this power Removal power 4. Barack Obama picks Elena Kagan for the Supreme Court Appointing power

14
(QUESTIONS) 1. In what way can the executive branch affect the meaning of a particular law? It is up to the executive branch to work out the specific details of the day-to-day administration of many laws 2. How is the President the chief administrator as well as the chief executive? All of the agencies that administer federal law are under the authority of the President 3. In what way does the ordinance power enable the President to exercise the executive powers? It gives the President power to manage the executive branch and enables him or her to execute the law

14
4. What officers does the President appoint? Ambassadors and diplomats; cabinet members and their top aides; heads of certain independent agencies; federal judges, attorneys, and marshals; officers in the armed forces 5. What gives the President the authority to make appointments? The Constitution 6. What body must confirm most of the Presidents appointments? The Senate 7. What is senatorial courtesy? Before appointing an official who will serve in a state, the President must gain the approval of his or her partys senators from that state 8. What did the Supreme Court rule in Myers v. United States? The Court held that the power of removal was an essential part of the executive power

14
9. What did the Supreme Court rule in Humphreys Executor v. United states? The President cannot remove the head of an independent agency except on the grounds of incompetence or malfeasance (SECTION THREE The Diplomatic and Military Powers) Vocabulary: 1. negotiated by the President, must be approved by a 2/3 vote of the Senate Treaty 2. this attempted to place strict limits on the presidents powers as commander in chief War Powers Resolution

14
3. pact made by the President with the head of a foreign state, it does not require Senate approval Executive agreement 4. the exclusive power of a President to establish formal diplomatic relations with a foreign state Recognition 5. the President may express disapproval of a nations policies by ordering this of the American ambassador Recall (QUESTIONS) 1. What powers does the President have in foreign affairs? The power to make treaties and executive agreements, the power of recognition, and certain military powers as commander in chief

14
2. How does the President usually exercise the power of recognition? By receiving diplomatic representatives 3. How can the power of recognition be used as a weapon? Quick recognition can show United States support for the country and thus guarantee its survival. Or recognition can be removed as a major rebuke to a country 4. What is the Presidents major military power? The power of commander in chief. The president can thus commit U.S. troops even without a declaration of war 5. What limits are placed on that power? Congress must declare war and pay for the maintenance of military forces. Also, Congress has passed the War Powers Resolution

14
Which attempts to limit the Presidents ability to wage undeclared war 6. For what purpose was the War Powers Resolution designed? It places limits on the Presidents ability to wage undeclared war 7. What are the provisions of the Resolution? Within 48 hours after committing American forces to combat abroad, the President must report to Congress, detailing the circumstances and the scope of his actions The combat commitment must end within 60 days, unless Congress authorizes a longer period (that 60 day deadline may be extended for as much as 30 days, however, to allow for the safe withdrawal of the American forces involved) Congress may bring an end to the combat commitment at any time by passing a concurrent resolution to that effect

14
8. What is the controversy surrounding the resolution? The constitutionality of the law is in question 9. What is the most extreme action a President can take against a country in the area of diplomacy? Withdraw acknowledgement of the legal existence of the country (SECTION FOUR The Legislative and Judicial Powers) Vocabulary: 1. a reduction in the length of a sentence or amount of a fine imposed by a court Commutation 2. a general pardon amnesty

14
3. a legal forgiveness of a crime Pardon 4. meaning literally I forbid Veto 5. a postponement of the execution of a sentence imposed by a court Reprieve (QUESTIONS) 1. Why does the Constitution give certain legislative powers to the President? So that the President can influence Congress 2. What are the Presidents legislative powers? To recommend legislation / veto / and to call special sessions

14
3. What vote is required for Congress to override a presidential veto? 2/3 in each house (doesnt happen very often only 4% of the time) 4. Why is the threat of a veto at times an important presidential tool? It may be enough to defeat or lead to changes in a bill 5. What is the difference between a pocket veto and an item veto? An item veto enables an executive (not the President) to veto specific items in a bill. A pocket veto is a form of veto in which the entire measure is vetoed. 6. What are the Presidents primary judicial powers? The President can grant reprieves and pardons, commute sentences, and offer amnesty to groups of law violators

14
7. Under what circumstances may a President pardon someone? When a federal law has been broken, except in cases of impeachment 8. When President Nixon accepted the pardon extended by President Ford, what was understood? He was admitting guilt (SECTION FIVE The Executive Office of the President and the Cabinet) Vocabulary: 1. advisory group made up of three top economists Council of Economic Advisers 2. advisory group on foreign and domestic security matters National Security Council

14
3. the advisory group made up of the heads of all 15 executive departments Cabinet 4. the group responsible for preparing the annual budget and monitoring spending Office of Management and Budget 5. the umbrella agency made up of offices staffed by the Presidents closest advisers Executive Office of the President (QUESTIONS) 1. What agencies work directly with the President to give assistance and advice? The Executive Office of the President and the cabinet

14
2. In what way is the Executive Office of the President an umbrella agency? Because its various offices, departments, and agencies help the President oversee the conduct of his or her administration 3. Name the different components of the Executive Office of the President and their roles: The White House Office nerve center of the Executive Office The National Security Council advises the President in matters of national security The Office of Management and Budget prepares and oversees the execution of the federal budget The Office of National Drug Control Policy plans drug control strategies The Council of Economic Advisors, the Office of Policy Development

14
The National Space Council, the Council on Environmental Quality, the Office of the United States Trade Representative, the National Critical Materials Council, and the Office of Science and Technology Policy operate as advisers in their various areas of expertise. The Office of Administration provides support for all the other offices 4. How was the cabinet created? The 1st Congress created 4 executive departments. Washington named the heads of these departments and he came to rely on them as an advisory body 5. Who are the members of the cabinet? The heads of the 15 executive departments. (in addition the Vice President now regularly sits in on meetings, as do various other administration officials)

14
6. What 2 major jobs do the cabinet members have? Each cabinet member is the head of an executive department and an adviser to the President 7. How have presidents differed in their reliance on the cabinet? Some have relied heavily on their cabinets. Others have held their cabinets in lower regard. Some have developed their own informal network of advisers outside of the cabinet (kitchen cabinet) 8. Who heads the powerful White House Office? Chief of Staff 9. Who composes the National Security Council? The President chairs the Council. Its other members are the Vice President and the Secretaries of State and Defense. The director of the CIA and the chairman of the Joint Chiefs of Staff also attend meetings

14
10. How do cabinet members obtain their positions? They are appointed by the President with Senate approval

Chapter 15 Government at Work: The Bureaucracy


(SECTION ONE The Federal Bureaucracy) Vocabulary: 1. an organization built on 3 principles: hierarchical authority, job specialization, and formal rules Bureaucracy 2. name usually given to agencies charged with the regulation of business activities Commission 3. name reserved for agencies of cabinet rank Department 4. term often used to refer to any governmental body agency

15
5. title most often given to agencies headed by a board and a manager, and that conducts business-like activities Corporation (or authority) (QUESTIONS) 1. In which branch of the government is most of the federal bureaucracy located? The executive branch 2. What does the Constitution say about the organization of the executive branch? It makes the President chief administrator, and suggests the existence of executive departments 3. How did those words contribute to the creation of the federal bureaucracy?

15
It (the Constitution) implies the creation of agencies and departments 4. What is the name game in the context of the federal bureaucracy? It refers to the way that the bureaucratic agencies are named. 5. In what sense is it a game? It is a game in the sense that there is little consistency in the use of the names 6. What is the difference between a staff unit and a line unit? Line units perform the work of the governmental unit (EPA); staff units support the efforts of the unit (Executive Office of the President 7. Why do many departments have both staff and line units?

15
Many agencies require staff units to support the execution of their line functions (SECTION TWO The Executive Departments and the Independent Agencies) Vocabulary: 1. there are now 15 of these Cabinet departments 2. these operate largely outside presidential control Independent Regulatory Commissions 3. the GSA, NASA, and EPA are examples of these Independent executive agencies

15
(QUESTIONS) 1. In what sense are the cabinet departments of the executive branch the traditional units of the federal administration? They were the 1st agencies set up by Congress, beginning in 1789. they carried out the functions of the bureaucracy until the 1880s, when Congress began creating independent agencies. 2. What are the main responsibilities of the department secretaries? They are the chief officers of their own departments and they are members of the cabinet 3. How are the cabinet departments organized and structured? Each has a number of subunits, staff and line. They are also structured geographically, with many activities carried on at regional offices

15
4. For what reasons has Congress created many independent agencies in the executive branch? Some agencies do not fit within any departments; others need to be apart from the influence of partisan and pressure politics; in some cases, it appears as if the agencies are independent as a result of accident or lack of planning 5. In what sense are they independent? Most are independent simply in the sense that they do not reside within a cabinet department 6. What are 3 types of independent agencies? What are their functions? Independent executive agencies / independent regulatory commissions / government corporations (postal service, TVA)

15
Executive agencies perform a variety of functions, many indistinguishable from those of certain cabinet departments (GSA, NASA, EPA) Regulatory commissions regulate some important aspects of the economy (FTC, SEC) Government corporations carry on business-like activities (Postal Service, FDIC, Amtrak, TVA) 7. In what ways are the independent regulatory commissions most strikingly different from other independent agencies? They are beyond the reach of presidential direction and control 8. What major advantage is claimed for the creation of government corporations? Flexibility, they are free from the controls of regular departmental organization

15
(SECTION THREE The Civil Service) Vocabulary: 1. from the 1820s to the 1880s, this was the standard way of choosing federal employees Spoils system 2. this created a system in which federal employees were chosen on the basis of competitive examinations Pendleton Act 3. President Carter urged passage of this in 1978 Civil Service Reform Act 4. the practice of giving government jobs to the Presidents friends and political supporters Patronage

15
5. persons who pass civil service exams are placed on this, which is kept by the Office of Personnel Management Register (QUESTIONS) 1. What standard did George Washington set for federal employment? He chose those who were best qualified (fitness for office), favoring members of his own party 2. What standard did Thomas Jefferson add to this formula? Jefferson added to Washingtons standard the standard of political acceptability which included greater consideration of party affiliation 3. What was the spoils system? What was its effect on the quality of administration of government?

15
It was the practice of giving jobs and favors to political supporters and friends. It was blamed for leading to widespread corruption in government. (Cleveland replaced 40,000 postal workers with Dems.) 4. How did Andrew Jackson defend his version of the spoils system? Anyone can fill a public office; it gives more people a chance to serve in government; holding a position for a long time can result in tyranny and inefficiency; the people are entitled to have the party they elected to control all offices top to bottom. 5. What was the primary objective of the efforts to reform the countrys civil service in the late 1800s? The Pendleton Act sought to make merit the basis for hiring, promotion, and other personnel actions 6. Describe the features of the Pendleton Act: It divided government employment into classified and unclassified service;

15
Classified employment was based on merit; hiring preference was given to veterans and veterans widows. It required the work force to be made up of men and women from every state, with the number closely related to the states share of the total population 7. What role does the OPM have in the civil service system? The OPM recruits new employees, trains them, sets job classifications, and manages salary and benefits 8. What role does the Merit Systems Protection Board have in the civil service system? It protects and polices the merit principle 9. What kinds of political activity are federal workers prohibited from participating in? Federal workers cannot be party activists, run for partisan office,

15
Be a convention delegate, be an officer in a political organization, or raise funds for a party or candidate 10. Support for the civil service increased dramatically as a result of what tragedy? The assassination of James Garfield 11. How does federal pay and benefits compare with that of the private sector? At lower and middle levels, the federal pay scale is comparable to that in private industry, but at higher levels it is significantly lower

Conservative disposed to maintaining existing views, conditions or institutions. John Adams in the Treaty of Tripoli as the government of the United States is not in any sense founded on the Christian religion (1797) Thomas Jefferson separation of church and state (1802) Murray v. Curlett (1963) Wallace v. Jaffree (1985)

Chapter 16 Financing Government


(SECTION ONE Where the Money Comes From Taxes) Vocabulary: 1. tax levied at a flat rate Regressive tax 2. declaration of taxable income along with deductions and exemptions Tax return 3. taxes automatically withheld by employers Payroll tax 4. tax based on the ability to pay Progressive tax 5. tax on imports Custom duty (tariff)

16
(QUESTIONS) 1. What are the 4 expressed limitations on the Federal Governments power to tax? Taxes can be used only for public purposes Export taxes are prohibited Direct taxes must be equally apportioned Indirect taxes must be uniform 2. What is the implied limitation on the power? The implied limitation is that the Federal Government cannot tax state and local governments in the exercise of their governmental functions 3. What is the major exception to the requirement that direct taxes be levied in proportion to each states population?

16
Income taxes which were made possible in their present form by the 16th Amendment 4. What are the 2 largest income producers for the Federal Government? The individual income tax and the social insurance taxes 5. What are the different taxes by which the Federal Government raises revenue? The income tax (individual and corporate) / social insurance taxes, excise taxes / estate and gift taxes / and custom duties 6. What is the difference between a progressive and regressive tax? Progressive taxes are based on a persons ability to pay. Regressive taxes fall at the same rate on all people in all situations

16
7. What is the difference between the rate paid for social insurance taxes by those on payrolls and by those who are self-employed? Individuals on a payroll have half of their social insurance taxes paid by their employer in the form of matching contributions. Selfemployed individuals pay the full tax themselves. 8. For what purposes besides raising revenue can the Federal Government use its power to levy taxes? Government can use taxes to control or suppress some activity that Congress thinks is harmful or dangerous to the public 9. What limits exist on the power to tax for purposes other than raising revenue? The government must obey the Constitution. (for example, it cant use taxes in such a way as to force individuals to provide incriminating evidence against themselves etc. )

16
(SECTION TWO Non-tax Revenues and Borrowing) Vocabulary: 1. the yearly shortfall between income and outgoing spending Deficit 2. the governments total outstanding indebtedness Public debt (QUESTIONS) 1. List 5 of the nontax sources of revenue utilized by the Federal Government: Interest earnings from the Federal Reserve System and interest from loans made by several other agencies Tolls / fees / premiums on insurance / sale of public lands and property / fines imposed by courts / conscience fund / signorage

16
2. Describe the mechanism by which the Federal Government borrows money: It issues Treasury bills for short-term borrowing and bonds for longterm borrowing 3. How does the historical use of borrowing differ from the practice of governmental borrowing in recent decades? Historically, borrowing was used only for crisis situations and to fund large-scale projects. Today, deficit financing is used in virtually every annual budget 4. Why is the Federal Government able to borrow money at lower rates of interest than private borrowers? Investment in the Federal Government is very safe and interest earned is not taxed by state or local governments

16
5. How has the public debt changed in recent years? The public debt has increased dramatically 6. What is the significance of the public debt for future taxpayers? The cost of servicing the debt is rising rapidly and will continue to do so. (SECTION THREE Spending and the Budget) Vocabulary: 1. when Congress has failed to pass all of its appropriations before the end of a fiscal year, it must pass one of these, which allows the Federal Government to continue to function Continuing resolution 2. benefits to those meeting eligibility requirements entitlement

16
3. helps congressional budget committees evaluate the Presidents budget Congressional Budget Office (QUESTIONS) 1. What are the 3 most expensive items for which the Federal Government spends money? Entitlements, defense, and interest on debt 2. What is the difference between uncontrollable and controllable spending? Uncontrollable spending is that which the Federal Government cannot change (at least not without some political difficulty) Controllable spending is decided upon by the President and Congress

16
3. About what percentage of the annual budget is controllable? About 33% 4. What is the Presidents role in the budget-making process? With the help of the executive agencies and the OMB, the President proposes a budget to Congress 5. What is the role of Congress in the budget-making process? Congress studies and revises the budget. Then it passes a budget and appropriates the funds 6. What are the roles of the Budget Committees and the Appropriations Committees? The Budget Committees in each house consider and, if necessary, amend the budget submitted by the President. They prepare resolutions, first setting targets for government receipts and spending, and then setting firm guidelines

16
The Appropriations Committees also examine the Presidents budget, amend it if necessary, and authorize spending. Their authorizations cannot exceed the limits set by the Budget Committees 7. Why must Congress pass its appropriations measures by October 1? What happens if it does not? The previous years appropriations run out on September 30 (end of fiscal year) Congress must pass a continuing resolution to fund programs at the old levels. (otherwise there can be a government shutdown like in 1995 and 96)

16
(SECTION 4: Fiscal and Monetary Policy) Vocabulary: 1.The total value of all final goods and services produced in the country each year Gross domestic product 2. Involves the money supply (the amount of currency in circulation) and the availability of credit in the economy Monetary policy 3. A general increase in prices throughout the economy Inflation 4. The governments powers to tax and spend to influence the economy Fiscal policy

16
5. when there is an absence of growth and the economy shrinks Recession 6. a general decrease in prices Deflation (QUESTIONS) 1. What are the 3 main economic goals the government aims to achieve? Why do you think these goals are critical to a healthy economy? Full employment / price stability (and therefore stable purchasing power) / economic growth These three promote a high standard of living for the nations citizens, leading to a stable nation

16
2. Should the Federal Government have the authority to take actions that can alter the nations economy? Why or why not? Yes because government actions can promote economic stability by reducing the extremes in the economys ups and downs No because the free market will make the necessary economic adjustments more efficiently without government interference 3. Why might policymakers hesitate to use their fiscal policy to influence the nations economy? Fiscal policy takes a long time to work. How the government taxes and spends can also have unintended consequences on the overall economy affecting employment, prices, and growth. Also cutting programs and raising taxes are politically unpopular

Chapter 17 Foreign Policy and National Defense


(SECTION ONE Foreign and Defense Policy an overview) Vocabulary: 1. Made up of all of the stands and actions that a nation takes in every aspect of its relationships with other countries diplomatic, military, commercial and all others Foreign policy 2. a purposeful refusal to become generally involved in the affairs of the rest of the world Isolationism (QUESTIONS) 1. Briefly describe the historical attitudes of the United states toward foreign affairs: With the exception of trade, the U.S. avoided commitments to other countries

17
That attitude shifted during and after WW II to one of internationalism 2. Why can the foreign and defense policies of the United states be properly called this countrys national security policy? The nations security depends on how it conducts foreign affairs and defense issues with other nations 3. In what ways does this nation exist in one world? In what ways does it not? The events and actions in other nations affect the lives of American people but the world is also divided by conflicts between nations 4. Of what does a nations foreign policy consist? All the policies that impact its relations with other nations, including military, commercial, and diplomatic policies

17
5. Which individuals and organizations play major roles in the conduct of foreign policy? The President, as commander in chief, plays the leading role. Congress also has significant powers in this field (SECTION TWO The Departments of State and Defense) Vocabulary: 1. personal representative of the President abroad Ambassador 2. document issued to citizens who live or travel abroad Passport 3. permit to enter a foreign country Visa

17

4. right to send and receive diplomatic representatives Right of legation 5. right to be free from prosecution under the laws of a host nation Diplomatic immunity
(QUESTIONS)

1. What 2 cabinet level departments are most responsible for the making and conduct of foreign policy? The departments of State and Defense 2. What are the Secretary of States 2 main duties? Advise the President on foreign policy and run the Department of State 3. According to The Federalist 72 the Framers expected that the actual conduct of foreign affairs would be in whose hands? The assistants and deputies of the Chief Magistrate

17
4. What is the Foreign Service? What is its main function? Its a State Department branch that represents the U.S. abroad 5. What are the principal duties of an ambassador? Act as the Presidents personal representative in other nations, negotiate diplomatic agreements, protect the rights of American citizens abroad 6. How are ambassadors chosen? The President appoints ambassadors with Senate consent and they serve at the Presidents pleasure. 7. For what reason does the Constitution provide for civilian control of the military? A standing army was a threat to liberty

17
8. What are the 2 major roles of the Secretary of Defense? The Presidents chief adviser in conducting defense policy; head of the Defense Department 9. What is the main function of the Department of Defense? The Department of Defense is the main agency for helping carry out the nations defense and military policies 10. Briefly describe the basic military components of the Defense Department: Army largest branch, responsible for land operations Navy sea warfare, includes the Marine Corps Air Force first line of defense (SECTION THREE Other Foreign / Defense Policy Agencies)

17
Vocabulary: 1. at age 18, American men must register with what agency ? Selective Service System 2. the START and INF treaties were negotiated through United States Arms Control and Disarmament Agency 3. The Challenger disaster was a severe blow to National Aeronautics and Space Administration (NASA) 4. this group coordinates the information-gathering activities of every federal agency involved in foreign and military affairs Central Intelligence Agency (CIA) 5. Voice of America is sponsored by United States Information Agency

17
(QUESTIONS) 1. List 3 agencies besides the State Department and the Defense Department involved with making and/or conducting foreign policy: These could include the CIA, USIA, NASA, ACDA, the Selective Service System, The Immigration and Naturalization Service, Customs Service, The Public Health Service, Coast Guard and Department of Homeland Security 2. The National Security Act of 1947 forbids the CIA to do what? Operate within the United States 3. The military draft was suspended in 1973, largely in reaction to what? Controversies of the Vietnam War

17
4. What is the status of the selective service today? Males 18 years old must register 5. What court case said it was legal to require only males to register for the draft? Rostker v. Goldberg 1981 6. Briefly describe the history of the draft in the U.S.: No national conscription existed until the Civil War. Conscription also was used in WW I. The first peacetime draft came in 1940, and it continued, with only a brief interruption until 1973. Since 1980, all males have been required to register at age 18, but the armed services are all-volunteer (SECTION FOUR American Foreign Policy Past and Present) Vocabulary:

17
1. warning to Europe to stay out of the affairs of nations in the Western Hemisphere Monroe Doctrine 2. warning that the United States would defend any country fighting communist domination Truman Doctrine 3. attempt to keep peace by getting most nations to agree to act together against any nation that became aggressive Collective security 4. promoted equal trade access in China Open Door Policy 5. policy of making the country and its allies so strong that no aggressor would dare to attack -

17
Deterrence (QUESTIONS) 1. Why did the policy of isolationism make sense to the United States in its early years? The nation had a continent to settle and two oceans separated (and protected it) from the rest of the world 2. Briefly trace this nations policy toward Latin America and the Western Hemisphere: (include the Monroe Doctrine, the Roosevelt Corollary, and the Good Neighbor Policy) The Monroe Doctrine demanded Western Hemisphere be free of European intervention. The Roosevelt Corollary expanded U.S. role to be a police force for the region. FDRs Good Neighbor Policy aimed for better relations.

17
3. What event first made the United States a world power? Victory in the Spanish-American War 4. What decisive impact did World War II have on the shape of American foreign policy? It ended Americas isolationist impulses; established the U.S. as a world power; saw introduction of collective security; saw the beginning of the cold war 5. What was the Cold War? The more than 40 years in which relations between the U.S. and the U.S.S.R. were at least tense and more often than not distinctly hostile 6. The Cold War began in the late 1940s when Soviet leader Josef Stalin broke his promise to do what?

17
Allow elections in Eastern Europe after WW II 7. Briefly describe the major political and military events of the Cold War: Soviet takeover of Eastern Europe, Berlin Blockade, Korean War, Cuban Missile Crisis, Vietnam War, dtente, return to cooler relations, Afghanistan. 8. What caused dtente to end? The Soviet invasion of Afghanistan 9. What is the status of the Cold War today? Its over (SECTION FIVE Foreign Aid, Defense Alliances, and the United Nations) Vocabulary:

17
1. UN body in which each nation has a seat and a vote UN General Assembly 2. civil service branch of the UN UN Secretariat 3. 5 permanent members of this body are the victorious allies of World War II UN Security Council 4. mutual defense pact that protects Western Europe, the U.S. and Canada NATO 5. decides international disputes whose members voluntarily accept its jurisdiction International Court of Justice

17
(QUESTIONS) 1. Briefly trace the history of the United States policy of foreign aid? The policy began with the Lend-Lease program of the early 1940s. It became part of the United States containment policy and was exemplified by the Marshall Plan. In the immediate post-war years, foreign aid was primarily economic; more recently, military aid has been the focus. 2. What kind of country is generally the recipient of United States foreign aid? The U.S. generally grants such aid to nations that are deemed important to the achievement of United States foreign policy objectives 3. What is the function of the several regional security alliances to which the United States is a party?

17
They ensure that each participating nation will support the other in the event of an outside threat 4. What regions do the NATO, Rio, and ANZUS pacts cover? NATO covers the U.S. / Canada, Great Britain and much of Europe Rio pact covers the U.S. / Canada and Latin America ANZUS covers Australia, New Zealand and the U.S. 5. The United States interest in the Middle East are torn by what 2 considerations? The Middle East presents the United States with a conflict over its support for Israel and the importance of Arab oil 6. When, where, and by whom, was the UN charter drafted? The UN charter was formed at the UN Conference on International Organization, which met in San Francisco in 1945.

17
51 nations, the victorious allies of World War II drafted the charter 7. What, according to the UN Charter, are the UNs basic purposes? The maintenance of international peace and security / the development of friendly relations between and among nations / and the promotion of justice and cooperation in the solution of international problems 8. What are the UNs principal organs? The General Assembly / the Security Council / the Economic and Social Council / the Trusteeship Council / the International Court of Justice and / the Secretariat 9. What are the major functions of the General Assembly and the Security Council?

17
The General Assembly is the meeting of all member states at which any matter under the charter can be discussed. The Security Council bears the UNs major responsibility for maintaining international peace 10. How does the veto power of the UNs Security Council affect its ability to make policy? Cooperation among the permanent members is needed for the Security Council to be effective

WHAT MAKES A GOOD PRESIDENT?


WHICH OF THE FOLLOWING QUALITIES ARE THE MOST IMPORTANT FOR A PRESIDENT TO HAVE? WHY? (LIST YOUR TOP 3 AND EXPLAIN WHY THEY ARE IMPORTANT.)

WHAT MAKES A GOOD PRESIDENT?


ABILITY TO COMPROMISE AND WORK WITH OTHERS. CHARACTER AND INTEGRITY. COMMUNICATION SKILLS COMPASSION FOR OTHER PEOPLE. GENERAL KNOWLEDGE AND INTELLIGENCE. GOOD HEALTH AND AN ABILITY TO HANDLE STRESS. POSITION ON THE ISSUES. PREVIOUS EXPERIENCE IN GOVERNMENT. RECORD FOR KEEPING PROMISES. VISION OR PLAN FOR THE NATION.

CHAPTER 13 SEC.1 VOCABULARY


1. TERM FOR THE PRESIDENT AS HEAD OF THE FEDERAL GOVERNMENT. CHIEF ADMINISTRATOR. 2.TERM FOR THE PRESIDENT AS THE REPRESENTATIVE OF THE PEOPLE WORKING FOR THE PUBLIC INTEREST. (FDR SAID ITS PREEMINENTLY A PLACE OF MORAL LEADERSHIP) CHIEF CITIZEN. 3. TERM FOR THE PRESIDENT AS THE MAIN ARCHITECT OF FOREIGN POLICY AND SPOKESPERSON TO OTHER COUNTRIES. (HARRY TRUMAN SAIDI MAKE FOREIGN POLICY) CHIEF DIPLOMAT 4. TERM FOR THE PRESIDENT AS VESTED WITH THE EXECUTIVE POWER OF THE UNITED STATES. CHIEF EXECUTIVE.

CH. 13 SEC. 1 VOCAB. CONTIN.


5. TERM FOR THE PRESIDENT AS ARCHITECT OF PUBLIC POLICY AND THE ONE WHO SETS THE AGENDA FOR CONGRESS. CHIEF LEGISLATOR. 6. TERM FOR THE PRESIDENT AS THE LEADER OF HIS OR HER POLITICAL PARTY. CHIEF OF PARTY. 7. TERM FOR THE PRESIDENT AS THE SYMBOL OF ALL THE PEOPLE IN THE NATION (THE CEREMONIAL HEAD OF GOVT.) CHIEF OF STATE. 8. TERM FOR THE PRESIDENT AS HEAD OF THE ARMED FORCES. COMMANDER IN CHIEF.

CH. 13 SEC. 1 VOCAB CONTIN


The manner in which a President plays one role can have a powerful effect on his ability (or inability) to play the others. Lyndon Johnson was an effective president (especially in the area of domestic policy) but his conduct during the Vietnam War persuaded him not to run for re-election in 1968. What role interfered with his ability to do the others? Commander in Chief Richard Nixon was an effective president (especially in the area of foreign policy) but the Watergate scandal, where operatives broke in and bugged Democratic Party headquarters led to his downfall. What role interfered with his ability to do the others? Chief of Party

CH. 13 SEC. 1 VOCAB CONTIN


Bill Clinton was an effective president (8 years of peace and prosperity) but any history book discussing Bill Clinton will talk about Monica Lewinsky and his impeachment. What role interfered with his ability to do the others? Chief Citizen

CHAPTER 13 SEC. 1 QUESTIONS


1. WHAT ARE THE FORMAL CONSTITUTIONAL QUALIFICATIONS TO BE PRESIDENT? MUST BE A NATURAL BORN CITIZEN AT LEAST 35 YEARS OLD LIVED IN THE U.S. FOR AT LEAST 14 YEARS. 2. THE 22ND AMENDMENT STATES THAT THE PRESIDENT MAY SERVE A MAXIMUM OF HOW LONG? 10 YEARS (2 TERMS IF ELECTED ON THEIR OWN)

3. WHAT ARE THE 2 MOST COMMON ALTERNATIVE PLANS TO THE 22ND AMENDMENT? A SINGLE 6 YEAR TERM OR AN UNLIMITED NUMBER OF 4 YEAR TERMS. 4. WHO FIXES THE PRESIDENTS PAY? CONGRESS HOW MUCH IS IT TODAY? $400,000 (minimal salary in mlb $480,000)

CHAPTER 13 SEC. 2
PRESIDENTIAL SUCCESSION THE PLAN BY WHICH A VACANCY IN THE PRESIDENCY WOULD BE FILLED. 1. WHICH AMENDMENT STATES THAT IF THE PRESIDENCY BECOMES VACANT, THE VICE PRESIDENT SUCCEEDS TO THAT OFFICE? 25TH (1967) 2. DOES THE VICE PRESIDENT ACTUALLY BECOME THE PRESIDENT OR DOES HE JUST ASSUME THE DUTIES OF THE OFFICE? HE/SHE BECOMES THE PRESIDENT.

3. WHAT LAW ESTABLISHED THE ORDER OF SUCCESSION FOLLOWING THE VICE PRESIDENT? PRESIDENTIAL SUCCESSION ACT OF 1947. 4. WHO FOLLOWS THE VICE PRESIDENT IN THE LINE OF SUCCESSION? SPEAKER OF THE HOUSE. 5. LIST THE FIRST FIVE PEOPLE IN THE LINE OF SUCCESSION: VICE PRESIDENT SPEAKER OF THE HOUSE PRESIDENT PRO TEMPORE OF THE SENATE SECRETARY OF STATE SECRETARY OF THE TREASURY

6. WHO IS THE FIRST CABINET OFFICER IN THE LINE OF SUCCESSION? SECRETARY OF STATE. 7. HOW IS PRESIDENTIAL DISABILITY DETERMINED? THE PRESIDENT CAN INFORM CONGRESS IN WRITING THAT HE CANNOT PERFORM HIS DUTIES OR THE VICE PRESIDENT AND A MAJORITY OF THE CABINET INFORM CONGRESS THAT THE PRESIDENT IS INCAPACITATED. (CONGRESS THEN HAS 21 DAYS TO DECIDE)

8. A PRESIDENT WHOSE DUTIES HAVE BEEN TEMPORARILY ASSUMED BY THE VICE PRESIDENT MAY RECLAIM HIS OR HER DUTIES BY DOING WHAT? INFORMING CONGRESS THAT HE OR SHE IS NO LONGER DISABLED, PROVIDED THE VICE PRESIDENT AND A MAJORITY OF THE CABINET DO NOT CHALLENGE HIS OR HER DECISION. 9. THE CONSTITUTION ASSIGNS WHAT 2 OFFICIAL DUTIES TO THE VICE PRESIDENT? TO PRESIDE OVER THE SENATE AND TO HELP DETERMINE PRESIDENTIAL DISABILITY. (VP SALARY - $230,700)

10. THE TWO MAJOR PARTIES TRY TO CHOOSE VICE PRESIDENTIAL CANDIDATES WHO WILL DO WHAT? HELP BALANCE THE TICKET POLITICALLY. 11. IF THE OFFICE OF THE VICE PRESIDENT BECOMES VACANT, HOW IS IT FILLED? THE PRESIDENT APPOINTS A NEW VICE PRESIDENT WHO MUST BE CONFIRMED BY A MAJORITY OF BOTH HOUSES OF CONGRESS. 12. WHAT IS THE MAJOR REASON THAT THE VICE PRESIDENT HAS NOT BEEN ELEVATED TO THE ROLE OF ASSISTANT PRESIDENT? THE VICE PRESIDENT CAN NOT BE REMOVED BY THE PRESIDENT (HE/SHE IS ELECTED)

CHAPTER 13 SEC. 3
1. WHY WERE MOST OF THE FRAMERS OPPOSED TO CHOOSING THE PRESIDENT BY CONGRESS? THEY FEARED CONGRESSIONAL CONTROL OF THE PRESIDENT. (HED BE UNDER THE LEGISLATIVE THUMB Hamilton) 2. WHY WERE MOST OF THE FRAMERS OPPOSED TO CHOOSING THE PRESIDENT BY POPULAR VOTE? THEY DID NOT THINK VOTERS IN SUCH A LARGE COUNTRY WOULD BE ABLE TO LEARN ENOUGH ABOUT THE CANDIDATES TO MAKE AN INFORMED DECISION. 3. EACH STATE HAS HOW MANY PRESIDENTIAL ELECTORS? AS MANY ELECTORS AS IT HAS SENATORS AND REPRESENTATIVES IN CONGRESS. A MINIMUM OF 3. (23RD AMENDMENT GAVE D.C. 3. CALIFORNIA HAS 55. OHIO 18)

4. OUTLINE THE ORIGINAL PROVISIONS FOR THE ELECTORAL COLLEGE: PAGES 374 - 375. 5. THE FRAMERS ENVISIONED WHAT GROUP AS BEING WELL INFORMED CITIZENS WHO COULD CHOOSE THE BEST PERSON FOR THE PRESIDENCY? ELECTORAL COLLEGE. 6. WHO CHOSE THE PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES AS WELL AS THE PRESIDENTIAL ELECTORS IN THE ELECTION OF 1800? POLITICAL PARTIES.

7. THE PRESIDENTIAL ELECTION OF 1800 RESULTED IN WHAT? A TIE BETWEEN JEFFERSON AND AARON BURR. (it took 36 ballots in the House to finally pick Jefferson) 8. IF THE PRESIDENTIAL VOTE IN THE ELECTORAL COLLEGE RESULTS IN A TIE, WHO CHOOSES THE PRESIDENT? HOUSE OF REPRESENTATIVES. 9. WHAT AMENDMENT SEPARATED PRESIDENTIAL AND VICE PRESIDENTIAL ELECTIONS? 12TH

NOMINATING CANDIDATES TODAY THE OUTLINE


CANDIDATES TODAY ARE OFFICIALLY CHOSEN AT CONVENTIONS. WHERE THEY HOLD THE CONVENTIONS ARE BASED ON TWO FACTORS: 1.LOGISTICS AND 2.POLITICS. 2012 Democratic Convention Charlotte, N.C. (Sept.3-6) / Republican Convention Tampa, Fla. (Aug. 27-30) THE DELEGATES TO THOSE CONVENTIONS ARE CHOSEN IN TWO WAYS. PRIMARIES AND CAUCUSES. TRADITIONALLY THE FIRST CAUCUS STATE IS IOWA AND THE FIRST PRIMARY STATE IS NEW HAMPSHIRE. (THAT MAY CHANGE)

NOMINATION OUTLINE CONTIN.


PRIMARIES MAY BE WINNER-TAKE-ALL (FAVORED BY REPUBLICANS) OR PROPORTIONAL (DEMOCRATIC). THIS PROCESS IS EXHAUSTING AND EXPENSIVE !!!!!!!!! ALTERNATIVES THAT HAVE BEEN SUGGESTED TO SIMPLIFY THE PROCESS IS: A NATIONAL PRIMARY OR REGIONAL PRIMARIES.

CHAPTER 13 SEC. 4 VOCAB.


1. SINCE 1968, THE DEMOCRATS HAVE RESTRUCTURED THEIR RULES, REQUIRING THAT CONVENTION DELEGATES BE CHOSEN ON WHAT BASIS? PROPORTIONAL. 2. STATES THAT DO NOT HOLD PRIMARIES HOLD WHAT? CAUCUSES 3. THE PROCEDURE FOR CHOOSING CONVENTION DELEGATES ARE SET BY? POLITICAL PARTIES. 4. THE REPUBLICAN PARTY PREFERS TO HOLD WHAT KIND OF PRIMARIES? WINNER TAKE ALL 5. EVERY FOUR YEARS WHO HOLDS NATIONAL CONVENTIONS? POLITICAL PARTIES

CHAPTER 13 SEC. 4 QUESTIONS


1. MOST OF THE RULES GOVERNING THE NATIONAL CONVENTIONS OF THE TWO MAJOR PARTIES ARE SET BY WHOM? THE PARTIES THEMSELVES. 2. BOTH OF THE MAJOR PARTIES APPORTION DELEGATES TO EACH STATE BASED ON WHAT 2 FACTORS? ITS ELECTORAL VOTES AND ITS RECORD IN RECENT ELECTIONS. 3. FOR 1996, SOME FORM OF THE PRESIDENTIAL PRIMARY WAS IN PLACE IN HOW MANY PLACES? 42 STATES, THE DISTRICT OF COLUMBIA AND PUERTO RICO. (IN 2008 IT WAS 40 STATES D.C. AND PUERTO RICO. ONLY 16 STATES HAD THEM IN 68)

4. WHAT HAS BEEN THE MAJOR AIM OF THE REFORMS OF THE DEMOCRATIC PARTY SINCE 1968? PROMOTE GREATER GRASSROOTS INVOLVEMENT IN THE CONVENTION PROCESS. 5. FOR WHAT REASONS ARE HARD FOUGHT PRESIDENTIAL PRIMARIES FAIRLY COMMON IN THE PARTY OUT OF POWER AND RATHER RARE FOR THE PRESIDENTS PARTY? IN POWER THE PRESIDENT USUALLY WINS EITHER BY SEEKING RE-ELECTION OR BACKING SOMEONE ELSE. OUT OF POWER WITHOUT A UNIFYING FORCE, LIKE THE PRESIDENT, FACTIONS WITHIN THE PARTY BATTLE FOR THE NOMINATION.

6. WHAT ARE THE 2 BIGGEST CRITICISMS OF THE CURRENT PRIMARY SYSTEM? IT IS EXPENSIVE AND EXHAUSTING AND SHOULD BE SIMPLIFIED. 7. STATES THAT DO NOT HOLD PRIMARIES HOLD WHAT TO SELECT THEIR DELEGATES? CAUCUSES.

AT THE NATIONAL CONVENTION NOTES


THE CONVENTION SETTING THE OPENING SESSION A CONVENTION USUALLY RUNS 4 DAYS WITH ONE OR TWO SESSIONS PER DAY.

SELECTION OF MEMBERS OF 4 COMMITTEES RULES AND ORDER OF BUSINESS / PERMANENT ORGANIZATION / CREDENTIALS / PLATFORM AND RESOLUTIONS
ORGANIZING THE CONVENTION AND DELIVERING ROUSING SPEECHES. (KEYNOTE ADDRESS)

CONVENTIONS
2012 DEMOCRATIC CONVENTION SEPTEMBER 3 6 IN CHARLOTTE, N.C. 5556 DELEGATES KEYNOTE SPEAKER JULIAN CASTRO (37 year old mayor of San Antonio,Texas) REPUBLICAN CONVENTION AUGUST 27 - 30 2286 DELEGATES KEYNOTE SPEAKER N.J. GOVERNOR CHRIS CHRISTIE

CONVENTION NOTES CONTIN.


THE SECOND AND THIRD SESSIONS COMMITTEE ON RULES AND ORDER OF BUSINESS REPORTS FIRST. CREDENTIALS COMMITTEE PREPARES THE PERMANENT ROLL OF DELEGATES ENTITLED TO SEATS AND VOTES IN THE CONVENTION. COMMITTEE ON PERMANENT ORGANIZATION NOMINATES A SLATE OF PERMANENT CONVENTION OFFICERS AND A PERMANENT CHAIRPERSON (TEST OF STRENGTH WITHIN THE PARTY) PLATFORM COMMITTEE

CONVENTION NOTES CONTIN.


FINAL SESSIONS NOMINATE PRESIDENTIAL CANDIDATE (ROLL CALL VOTE IS CALLED A BALLOT) CHOOSE VICE-PRESIDENTIAL CANDIDATE. CANDIDATES ACCEPTANCE SPEECH. WHOM DOES THE PARTY NOMINATE? HISTORICALLY THE GOVERNORS OF LARGER STATES HAVE PRODUCED THE LARGEST NUMBER OF PRESIDENTIAL CANDIDACIES.

CHAPTER 13 SEC. 4B VOCABULARY.


1. THE BASIC STATEMENT OF THE PARTYS POLICIES AND PRINCIPLES. PLATFORM 2. THE GROUP THAT DECIDES DISPUTES OVER WHO IS ENTITLED TO A SEAT AT THE CONVENTION. CREDENTIALS COMMITTEE 3. THE SPEECH INTENDED TO SET THE TONE OF THE CONVENTION. KEYNOTE ADDRESS 4. THE COMPLETE ROLL CALL VOTE BALLOT 5. A VOTING MEMBER OF THE CONVENTION. DELEGATE.

CHAPTER 13 SEC. 4B QUESTIONS


1. LIST THE THREE MAIN TASKS OF A NATIONAL CONVENTION: APPROVE A PARTY PLATFORM CHOOSE PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES UNIFY THE PARTY. 2. PARTY PLATFORMS ARE REGULARLY CRITICIZED FOR BEING TOO WHAT? VAGUE (or bland) 3. AT THE NATIONAL CONVENTION, ABOUT HOW MANY BALLOTS DOES IT USUALLY TAKE TO RESULT IN A CHOICE OF A CANDIDATE? ONE (last time it took more than one was 1952 Dems last time the Republicans did it was 1948)

4. HISTORICALLY, WHAT GROUP HAS PRODUCED THE MOST PRESIDENTIAL CANDIDATES? GOVERNORS 5. WHICH OF THE FOLLOWING GROUPS HAS NEVER HAD A MEMBER NOMINATED TO THE TICKET OF A MAJOR PARTY? AFRICAN-AMERICANS/DIVORCED MEN/CATHOLICS/ OR WOMEN? They all have been nominated (Obama, Reagan, Kennedy, Palin, Ferraro)

CHAPTER 13 SEC. 5 VOCABULARY


1. A SYSTEM IN WHICH EACH PRESIDENTIAL CANDIDATE WOULD RECEIVE THE SAME SHARE OF A STATES ELECTORAL VOTE THAT HE OR SHE WON IN THE POPULAR VOTE. PROPORTIONAL PLAN. 2. A SYSTEM IN WHICH PRESIDENTIAL ELECTORS WOULD BE CHOSEN BY EACH OF A STATES CONGRESSIONAL DISTRICTS. DISTRICT PLAN.

CHAPTER 13 SEC. 5 VOCAB. CONTIN.


3. VOTING FOR PRESIDENT WITHOUT THE USE OF AN ELECTORAL COLLEGE. DIRECT POPULAR VOTE. 4. A SYSTEM LIKELY TO REMAIN IN PLACE FOR THE FORSEEABLE FUTURE. ELECTORAL COLLEGE. 5. A SYSTEM THAT WOULD WEIGHT THE CURRENT WINNER-TAKE-ALL SYSTEM IN FAVOR OF THE WINNER OF THE POPULAR VOTE. NATIONAL BONUS PLAN.

CHAPTER 13 SEC. 5 QUESTIONS


1. TODAY, EACH STATES PRESIDENTIAL ELECTORS ARE CHOSEN BY? DIRECT POPULAR VOTE 2. ELECTORS ARE CHOSEN ON A WINNER TAKE ALL BASIS EXCEPT WHICH TWO? MAINE AND NEBRASKA 3. WHAT HAPPENS IF THERE IS A TIE IN THE ELECTORAL VOTE FOR PRESIDENT OR NO CANDIDATE GETS A MAJORITY OF THE ELECTORAL VOTE? THE HOUSE OF REPRESENTATIVES VOTING IN STATE DELEGATIONS CHOOSES AMONG THE TOP 3 CANDIDATES.

4. WHAT ARE THREE MAJOR DEFECTS IN THE ELECTORAL COLLEGE SYSTEM? THE WINNER OF THE ELECTORAL VOTE IS NOT AUTOMATICALLY THE SAME AS THE WINNER OF THE POPULAR VOTE. ELECTORS ARE NOT LEGALLY BOUND TO VOTE FOR THE CANDIDATE WHO WINS THEIR STATES POPULAR VOTE. THERE IS ALWAYS THE POSSIBILITY THE ELECTION WILL BE DECIDED IN THE HOUSE OF REPRESENTATIVES.

5. THE MAJOR CRITICISM OF THE PROPORTIONAL PLAN IS THAT IT WOULD DO WHAT? WEAKEN THE 2 PARTY SYSTEM 6. WHICH PLAN FOR REFORM OF THE ELECTORAL COLLEGE IS MOST WIDELY SUPPORTED? DIRECT POPULAR VOTE

7. DIRECT POPULAR VOTE IS UNLIKELY TO BE ADOPTED BECAUSE OF WHAT 3 REASONS? A CONSTITUTIONAL AMENDMENT WOULD BE REQUIRED. SMALL STATES OPPOSE DIRECT ELECTION. A TRULY NATIONAL CAMPAIGN WOULD COST EVEN MORE THAN THE PRESENT SYSTEM. (MIGHT SPUR VOTER FRAUD, MINORITY GROUPS WOULD HAVE THEIR INFLUENCE DILUTED, MIGHT WEAKEN FEDERALISM.)

8. ON WHAT GROUNDS DO SOME DEFEND THE PRESENT ELECTORAL COLLEGE SYSTEM? ON THE GROUNDS THAT IT IS A KNOWN PROCESS AND IDENTIFIES THE WINNER OF THE ELECTION QUICKLY AND CERTAINLY. ALSO IT PROMOTES THE TWO-PARTY SYSTEM

1968 Electoral College Map


Republican Red Democrat Blue Independent Green Do NOT use blue ink pen or markers (they will bleed through) Use colored pencils, or crayons. (Due NLT Thursday 4/25/13)

ELECTORAL COLLEGE
TOTAL 538 NEEDED TO WIN 270 IF NO ONE GETS 270, THE HOUSE OF REPRESENTATIVES CHOOSES THE PRESIDENT. (EACH STATE GETS ONE VOTE) THIS HAS HAPPENED IN 1800 AND 1824. ITS WINNER TAKE ALL IN ALL STATES EXCEPT MAINE AND NEBRASKA. (THEY USE A DISTRICT PLAN WHERE 2 ELECTORS ARE CHOSEN STATE-WIDE AND THE OTHER ELECTORS ARE PICKED IN EACH OF THE CONGRESSIONAL DISTRICTS. MAINE HAS 4 ELECTORAL VOTES, NEBRASKA HAS 5)

ELECTORAL COLLEGE CONTIN.


BECAUSE ITS WINNER TAKE ALL, ITS POSSIBLE TO WIN THE POPULAR VOTE AND LOSE THE ELECTION. THIS HAS HAPPENED IN 1824,1876,1888 AND 2000! IF SOMEONE WINS THE 11 LARGEST STATES THEY COULD LOSE THE OTHER 39 AND STILL BE ELECTED.

ELECTORAL COLLEGE CONTIN.


CALIFORNIA 55 (Gore/Kerry/Obama) Obama TEXAS 38 (Bush/Bush/McCain) Romney NEW YORK 29 (Gore/Kerry/Obama) Obama FLORIDA 29 (Bush/Bush/Obama) Obama PENNSYLVANIA 20 (Gore/Kerry/Obama) Obama ILLINOIS 20 (Gore/Kerry/Obama) Obama OHIO 18 (Bush/Bush/Obama) Obama MICHIGAN 16 (Gore/Kerry/Obama) Obama GEORGIA 16 (Bush/Bush/McCain) Romney NORTH CAROLINA 15 (Bush/Bush/Obama) Romney NEW JERSEY 14 (Gore/Kerry/Obama) Obama

TOTAL = 270

ELECTORAL COLLEGE CONTIN.


MOST WIDELY SUGGESTED REFORM PLANS: THE DISTRICT PLAN THE PROPORTIONAL PLAN DIRECT POPULAR ELECTION *** THE NATIONAL BONUS PLAN. THE NATIONAL POPULAR VOTE PLAN (amend their state constitutions to award all electors to the national popular vote winner and then enter into an interstate compact. The compact would only go into effect when it had been agreed upon by enough states to count for a majority (270) of the electoral votes. This would bring about direct popular election of the president WITHOUT needing a constitutional amendment)

CRITICAL THINKING QUESTION # 3


For question 3 you should determine what each candidates weakest area was. (based on the chart) Then explain what you might show in a commercial to correct that negative image. Make sure you do this for Buchanan, Dole AND Alexander.

CHAPTER 18 SEC.1 VOCAB.


1. ONE WHO INITIATES A SUIT. PLAINTIFF (Whats the difference between a civil case and a criminal case?) Pg. 529 2. THE PARTY AGAINST WHOM A SUIT IS BROUGHT. DEFENDANT 3. CASES THAT CAN ONLY BE HEARD IN FEDERAL COURT HAVE THIS. EXCLUSIVE JURISDICTION 4. COURT IN WHICH A CASE IS FIRST HEARD HAS THIS. ORIGINAL JURISDICTION. 5. CASES THAT CAN BE HEARD EITHER IN FEDERAL OR STATE COURTS HAVE THIS. CONCURRENT JURISDICTION.

CHAPTER 18 SEC. 1 QUESTIONS


1. FOR WHAT REASONS DID THE FRAMERS PROVIDE FOR A NATIONAL JUDICIARY. TO PROVIDE A MEANS OF INTERPRETING AND APPLYING FEDERAL LAWS. ALSO TO SETTLE DISPUTES BETWEEN OR AMONG THE STATES. (the want of a judiciary power is a circumstance which crowns the defects of the Articles of Confederation Alexander Hamilton) 2. WHAT IS MEANT BY THE PHRASE A DUAL SYSTEM OF COURTS? THERE ARE 2 SEPARATE COURT SYSTEMS IN THE U.S. A NATIONAL (FEDERAL) JUDICIARY AND EACH STATE HAS THEIR OWN COURTS. 3. THE MAJORITY OF CASES HEARD IN THE UNITED STATES EACH YEAR ARE HEARD IN WHAT KIND OF COURTS? STATE COURTS.

18
4. WHAT ARE THE TWO GENERAL PRINCIPLES THAT DETERMINE IF THE FEDERAL COURTS HAVE JURISDICTION OVER CASES? THE SUBJECT MATTER OR THE PARTIES INVOLVED IN A CASE 5. WHO APPOINTS FEDERAL JUDGES ? THE PRESIDENT (WITH THE CONSENT OF THE SENATE) AND FOR WHAT TERMS? LIFETIME.

18
6. LIST THREE FACTORS THAT INFLUENCE THE PRESIDENTS DECISION IN APPOINTING FEDERAL JUDGES: THE LEADERS OF THE PARTY TO WHICH THE PRESIDENT BELONGS. THE SENATORS FROM THE STATE IN WHICH THE APPOINTEE WILL SERVE (SENATORIAL COURTESY) THE PRESIDENTS IDEOLOGY (OUTLOOK) pg. 527 7. HOW MAY FEDERAL JUDGES BE REMOVED FROM OFFICE? THROUGH IMPEACHMENT (rare, only 15 have been impeached only 8 convicted) Judge Thomas Porteus La. 12/7/10

18
8. DESCRIBE THE FUNCTIONS OF THE OFFICERS WHO ASSIST THE JUDGES IN THE ADMINISTRATIVE OPERATION OF THE FEDERAL COURTS. CLERKS KEEP THE COURT SEAL AND A RECORD OF PROCEEDINGS. MAGISTRATE ISSUES WARRANTS, DECIDES WHETHER THERE IS A NEED FOR A GRAND JURY AND SETS BAIL. (Greg White) BANKRUPTCY JUDGES HANDLE BANKRUPTCY CASES. U.S. ATTORNEYS PROSECUTE CASES MARSHALS MAKE FEDERAL ARRESTS, SERVE LEGAL PAPERS, KEEP ACCUSED PEOPLE IN CUSTODY AND EXECUTE COURT ORDERS AND DECISIONS.

CHAPTER 18 SEC. 2
1. OVER WHAT CASES DO THE DISTRICT COURTS HAVE JURISDICTION? OVER MOST CASES HEARD IN THE FEDERAL COURTS, THEY ARE THE PRINCIPAL TRIAL COURTS FOR BOTH CRIMINAL AND CIVIL CASES IN THE FEDERAL COURT SYSTEM. (EXCEPT FOR THOSE CASES IN THE ORIGINAL JURISDICTION OF THE SUPREME COURT OR THE SPECIAL COURTS) 2. ABOUT WHAT % OF CASES THAT COME BEFORE FEDERAL JUDGES ARE HEARD IN THE DISTRICT COURTS? 80%

18
3. DISTRICT COURTS COVER AN ASSIGNED TERRITORY THAT IS BASED PRIMARILY ON WHAT? STATE BOUNDARIES 4. HOW MANY JUDGES USUALLY PRESIDE IN A CASE IN DISTRICT COURT? ONE (475 cases per year) 5. WHY WERE THE COURTS OF APPEALS CREATED? TO RELIEVE THE SUPREME COURT OF THE BURDEN OF HEARING MOST APPEALS. 6. WHATS ANOTHER NAME FOR THE COURT OF APPEALS? CIRCUIT COURTS

18
7. WHERE DO CASES THAT REACH THE COURT OF APPEALS ORIGINATE? MOST FROM THE DISTRICT COURTS. SOME FROM U.S. TAX COURT TERRITORIAL COURTS APPEALS FROM FEDERAL REGULATORY AGENCIES. 8. CASES BROUGHT BEFORE THE COURT OF APPEALS ARE USUALLY HEARD BY HOW MANY JUDGES? 3

18
9. OVER WHAT TYPE OF CASES DOES THE COURT OF INTERNATIONAL TRADE HAVE JURISDICTION? CIVIL CASES INVOLVING TARIFFS OR TRADE RELATED LAWS. HOW ABOUT THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT? APPEALS IN CIVIL CASES FROM : THE TRADE COURT. U.S. CLAIMS COURT COURT OF VETERANS APPEALS FROM THE MERIT SYSTEMS PROTECTION BOARD. THE PATENT AND TRADEMARK OFFICE.

THE SUPREME COURT OUTLINE


A. JUDICIAL REVIEW 1. JUDICIAL REVIEW IS THE POWER TO DECIDE ON THE CONSTITUTIONALITY OF AN ACT OF GOVERNMENT. 2. THE PRINCIPLE WAS ESTABLISHED IN THE CASE OF MARBURY v. MADISON, 1803. 3. THE SUPREME COURT HAS GREAT POWER AS THE ULTIMATE AUTHORITY ON CONSTITUTIONALITY AND AS THE ARBITER OF DISPUTES BETWEEN STATES AND BETWEEN STATES AND THE FEDERAL GOVERNMENT.

S.C. CONTIN.
B. JURISDICTION 1. THE SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION, BUT MOST OF ITS CASES ARE APPEALS. 2. TODAY THE SUPREME COURT HAS ALMOST COMPLETE CONTROL OVER ITS OWN CASELOAD.

S.C. CONTIN.
C. HOW CASES REACH THE COURT 1. UNDER THE RULE OF 4 AT LEAST 4 JUSTICES MUST AGREE THAT THE COURT SHOULD HEAR A CASE BEFORE THAT CASE IS SELECTED FOR THE COURTS DOCKET. 2. MOST CASES REACH THE COURT BY WRIT OF CERTIORARI AN ORDER TO A LOWER COURT TO SEND UP THE RECORD IN A GIVEN CASE. 3. SOME CASES ARE SENT TO THE SUPREME COURT BY CERTIFICATE WHEN APPELLATE COURTS, STATE SUPREME COURTS, OR OTHERS REQUEST A RULING ON A PARTICULAR POINT OF LAW.

S.C. CONTIN.
D. THE SUPREME COURT AT WORK SUPREME COURT SESSION RUNS FROM THE FIRST MONDAY IN OCTOBER THROUGH THE END OF JUNE. ALWAYS IDENTIFIED BY THE YEAR IT BEGINS. (CURRENT COURT IS THE COURT OF 2012) 1. BRIEFS - WRITTEN DOCUMENTS SUPPORTING ONE SIDE OF A CASE, ARE SUBMITTED BEFORE ORAL ARGUMENTS ARE HEARD.(amicus curiae brief?) (67 of them in D.C. vs. Heller) 2. ORAL ARGUMENTS IN ORAL ARGUMENTS, LAWYERS SPEAK TO JUSTICES EMPHASIZING THE MAJOR POINTS THEY MADE IN THEIR WRITTEN BRIEFS.(30 minutes max.) 3. SOLICITOR GENERAL THE SOLICITOR GENERAL REPRESENTS THE U.S. BEFORE THE SUPREME COURT IN ALL CASES TO WHICH IT IS A PARTY.

S.C. CONTIN.(FINAL)
4. THE CONFERENCE THE JUSTICES MEET IN SECRET SESSION TO DISCUSS IN DEPTH AND VOTE ON THE CASES THEY HAVE HEARD. (Bob Woodwards The Brethren) 5. OPINIONS JUSTICES OF THE SUPREME COURT ALWAYS WRITE THE OPINION OF THE COURT; THERE MAY ALSO BE CONCURRING OPINIONS AND DISSENTING OPINIONS; ALL MAY HAVE AN INFLUENCE ON SUBSEQUENT RULINGS.

CHAPTER 18 SEC. 3 VOCAB.


1. AN OPINION WRITTEN TO MAKE A POINT THAT WAS NOT MADE IN THE OPINION OF THE COURT. CONCURRING OPINION. 2. A REQUEST BY A LOWER COURT THAT THE SUPREME COURT RULE ON A SPECIFIC LEGAL CASE CERTIFICATE 3. THE OPINION OF THE COURT. MAJORITY OPINION 4. AN OPINION DISAGREEING WITH THE OPINION OF THE COURT. DISSENTING OPINION 5. AN ORDER MADE BY THE SUPREME COURT TO A LOWER COURT REQUESTING THE RECORDS OF A PARTICULAR TRIAL FOR ITS REVIEW. WRIT OF CERTIORARI

CHAPTER 18 SEC. 3 QUESTIONS


1. WHAT IS THE ONLY COURT CREATED IN THE CONSTITUTION? THE SUPREME COURT THE ONLY JUDICIAL OFFICE? CHIEF JUSTICE 2. WHAT IS THE POWER OF JUDICIAL REVIEW? A COURTS POWER TO DETERMINE THE CONSTITUTIONALITY OF AN ACT OF GOVERNMENT. WHAT LANDMARK CASE ESTABLISHED THIS POWER? MARBURY v. MADISON.

18
3. OVER WHAT CASES DOES THE SUPREME COURT HAVE ORIGINAL AND EXCLUSIVE JURISDICTION? CASES INVOLVING CONTROVERSIES BETWEEN 2 OR MORE STATES. ALL CASES BROUGHT AGAINST AMBASSADORS OR OTHER PUBLIC MINISTERS. ANY OTHER CASE COVERED BY THE BROAD WORDING OF ARTICLE III SECTION 2.

18
4. THE VAST MAJORITY OF CASES THAT COME TO THE SUPREME COURT COME TO IT FROM WHERE? STATE HIGH COURTS AND FEDERAL APPELLATE COURTS. 5. HOW MANY SUPREME COURT JUSTICES MUST AGREE TO HEAR A CASE? 4.

THE SPECIAL COURTS


1.THE COURT OF FEDERAL CLAIMS 2.THE TERRITORIAL COURTS 3.THE COURTS OF THE DISTRICT OF COLUMBIA. 4.THE COURT OF APPEALS FOR THE ARMED FORCES. 5.THE COURT OF APPEALS FOR VETERANS CLAIMS 6.THE UNITED STATES TAX COURT 7. MILITARY COMMISSIONS

THE COURT OF FEDERAL CLAIMS


The U.S. cannot be sued without its consent. Prior to 1855, a person with a claim against the U.S. could secure redress (define) only by an act of Congress. Then they established the Claims Court. Composed of 16 judges appointed by the President and Senate for 15 year terms They hear claims for damages against the government from throughout the country. The claims they uphold cannot be paid until Congress appropriates the money (which it does almost as a matter of standard procedure) Occasionally even if they lose they may still get some compensation through a private bill.

THE TERRITORIAL COURTS


Congress created courts to have jurisdiction in the nations territories (U.S. Virgin Islands, Guam, Northern Mariana Islands - not Puerto Rico they have a district court) They function much as the local courts in each of the 50 states

THE COURTS OF THE DISTRICT OF COLUMBIA


Congress has set up a judicial system for the nations capital. The District Court and the Court of Appeals for D.C. hear many local cases as well as those they try as constitutional courts. Congress also established two local courts,(much like the courts in a state) a superior court (general trial court) and a court of appeals

THE COURT OF APPEALS FOR THE ARMED FORCES


The court is a civilian tribunal made up of a chief judge and 4 associate judges, they are NOT members of the armed forces. They are appointed by the President and the Senate to 15 year terms. They review the more serious court-martial convictions of members of the armed forces Appeals can be but almost never are heard by the Supreme Court This makes this the court of last resort in most cases involving offenses against military law (G.I. Supreme Court)

THE COURT OF APPEALS FOR VETERANS CLAIMS


Made up of a chief judge and up to 6 associate judges all appointed by the President and Senate to 15 year terms The court has the power to hear appeals from the decisions of an administrative agency, the Board of Veterans Appeals in the Department of Veterans Affairs.(can be taken to the Court of Appeals for the Federal Circuit)

THE UNITED STATES TAX COURT


Has 19 judges, one of whom serves as chief judge. They are named by the President and Senate for a 12 year term They hear CIVIL but not criminal cases involving disputes over the application of tax laws (most cases are generated by the IRS and other Treasury Department agencies) They may be appealed to the federal courts of appeal

MILITARY COMMISSIONS
In 2001, President Bush issued a controversial executive order creating military commissions to try unlawful enemy combatants These court-like bodies operated outside the normal legal system. The Supreme Court ruled that these commissions had been improperly established they required Congressional authorization. Congress responded with the Military Commissions Act of 2006, but the commissions accomplished lttle over the next 3 years. President Obama suspended the commissions in 2009.

CHAPTER 18 SEC. 4
1. WHAT ARE THE SPECIAL COURTS IN THE NATIONAL JUDICIARY? U.S. FEDERAL CLAIMS COURT TERRITORIAL COURTS. COURTS OF THE DISTRICT OF COLUMBIA. COURT OF APPEALS FOR THE ARMED FORCES. COURT OF VETERANS APPEALS. U.S. TAX COURT.

18
2. WHATS ANOTHER NAME FOR THE SPECIAL COURTS? LEGISLATIVE COURTS (Or Article I courts) 3. UNLIKE CONSTITUTIONAL COURTS, THE SPECIAL COURTS DO NOT DO WHAT? THEY DO NOT EXERCISE THE BROAD JUDICIAL POWER OF THE UNITED STATES. 4. THE UNITED STATES CAN BE SUED ONLY IF WHAT HAPPENS? IF IT CONSENTS TO BE SUED. (REDRESS - SATISFACTION OF A CLAIM.)

18
5. OVER WHAT TYPES OF CASES DO THE TERRITORIAL COURTS HAVE JURISDICTION? CASES IN THE NATIONS TERRITORIES (NOT PUERTO RICO) THE CLAIMS COURTS? CASES IN WHICH CONGRESS HAS DECLARED THE U.S. OPEN TO SUIT. THE COURT OF VETERANS APPEALS? APPEALS FROM THE BOARD OF VETERAN APPEALS IN THE DEPT. OF VETERANS AFFAIRS 6. TERRITORIAL COURTS FUNCTION MUCH AS WHAT KINDS OF COURTS? LOCAL TRIAL COURTS.

18
7. IN WHAT SENSE IS THE COURT OF MILITARY APPEALS THE COURT OF LAST RESORT FOR MOST CASES INVOLVING OFFENSES AGAINST MILITARY LAW? APPEALS FROM ITS DECISIONS ARE ALMOST NEVER HEARD BY THE SUPREME COURT. (THATS WHY THEY CALL THIS COURT THE G.I.S SUPREME COURT) 8. WHO SITS ON THE COURT OF MILITARY APPEALS? THE COURT IS A CIVILIAN TRIBUNAL MADE UP OF A CHIEF JUDGE AND 4 ASSOCIATE JUDGES APPOINTED BY THE PRESIDENT AND SENATE TO 15 YEAR TERMS. END OF UNIT

CHAPTER 19 Civil Liberties


THE UNALIENABLE RIGHTS P. 485 -489 PART OF THE CONSTITUTION THAT NATIONALIZES THE BILL OF RIGHTS Due Process Clause (14th Amendment) FIRST 10 AMENDMENTS TO THE CONSTITUTION Bill of Rights PROTECTIONS AGAINST GOVERNMENT ABUSE OF POWER Civil liberties POSITIVE ACTS OF GOVERNMENT THAT SEEK TO MAKE CONSTITUTIONAL GUARANTEES A REALITY FOR ALL PEOPLE Civil rights FOREIGN BORN RESIDENTS (NON-CITIZENS) Aliens

CH. 19 (3)
1. THE FRAMERS HELD THAT THE PRIMARY PURPOSE OF GOVERNMENT IS TO DO WHAT? Protect the rights of citizens 2. WHAT IS THE CONCEPT OF LIMITED GOVERNMENT? Government can do only those things the sovereign people have given it the power to do 3. WHAT ARE THE LIMITS OF A GOVERNMENT IN A DICTATORSHIP? None - Government has unlimited power 4. MOST CONSTITUTIONAL RIGHTS EXTEND TO ALL PERSONS, CITIZENS OR NOT. LIST ONE RIGHT THAT IS GUARANTEED TO CITIZENS BUT NOT TO ALIENS: Freedom of travel

CH. 19 (4)
5. THE PROVISIONS OF THE BILL OF RIGHTS APPLY AGAINST WHICH LEVEL OF GOVERNMENT ONLY? The national government 6. WHAT CONCEPT OF AMERICAN GOVERNMENT HAS RESULTED IN A COMPLEX PATTERN OF INDIVIDUAL RIGHTS GUARANTEES? Federalism 7. THE SUPREME COURT HAS RULED THAT THE DUE PROCESS CLAUSE OF WHICH AMENDMENT EXTENDS MOSTOF THE PROVISIONS OF THE BILL OF RIGHTS TO THE STATES? 14TH (incorporation)

CH. 19 (5)
8. WHAT PART OF THE CONSTITUTION DECLARES THAT PEOPLE HAVE RIGHTS OTHER THAN THOSE LISTED IN THE CONSTITUTION? 9TH Amendment (non-enumerated rights)

CH. 19
SECTION TWO FREEDOM OF RELIGION TERMS: THIS PROHIBITS CONGRESS FROM MANDATING A STATE RELIGION Establishment Clause THE COURTS HAVE RULED THAT THE STATES MAY NOT PROHIBIT THE TEACHING OF WHAT SCIENTIFIC THEORY Evolution

CH. 19 (6)
THE COURT HAS ALLOWED SCHOOLS TO INSTITUTE THESE SO THAT STUDENTS MAY ATTEND PRIVATE RELIGIOUS CLASSES released time programs JEFFERSON CLAIMED THIS ERECTED A WALL OF SEPARATION BETWEEN CHURCH AND STATE Establishment clause THESE MAY BE USED ONLY AS PART OF A LARGER HOLIDAY DISPLAY Nativity scenes 1. MOST OF THE COURTS ESTABLISHMENT CLAUSE DECISIONS HAVE INVOLVED WHAT? Public and parochial schools

CH. 19 (7)
2. WHAT POSITION HAS THE COURT TAKEN ON MOMENT OF SILENCE LAWS MENTIONING VOLUNTARY PRAYER? It has struck them down 3. WHAT POSITION HAS THE COURT TAKEN CONCERNING PRAYER IN STATE LEGISLATURES? Its permissible 4. WHAT POSITION HAS THE COURT TAKEN CONCERNING THE DISPLAY OF NATIVITY SCENES BY PUBLIC BODIES? They may be used only as part of a larger holiday display 5. TAX EXEMPTIONS CANNOT BE GIVEN TO RELIGIOUS ORGANIZATIONS THAT DO WHAT? Practice racial discrimination

CH. 19 (8)
6. WHAT IS THE LEMON TEST? It involves state aid to religious schools, it says: (1) the purpose of the aid must be clearly secular not religious (2) its primary effect must neither advance nor inhibit religion (3) it must avoid an excessive entanglement of government with religion 7. WHAT WAS USED AS A BASIS FOR THE COURTS DECISION THAT AMISH PARENTS NEED NOT OBEY COMPULSORY EDUCATION LAWS? The Free Exercise Clause

First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Section 3 Freedom of Speech and Press


LAWS THAT PROTECT REPORTERS FROM HAVING TO REVEAL THEIR SOURCES Shield laws THE FALSE AND MALICIOUS USE OF PRINTED WORDS Libel EXPRESSION BY CONDUCT (wearing an Aids ribbon etc.) Symbolic speech THE FALSE AND MALICIOUS USE OF THE SPOKEN WORD Slander ANOTHER NAME FOR CENSORSHIP Prior restraint PATROLLING OF A BUSINESS SITE BY WORKERS ON STRIKE picketing

CH 19 (10)
1. THE 1ST AND 14TH AMENDMENTS PROTECTIONS OF FREE SPEECH AND FREE PRESS SERVE WHAT TWO FUNDAMENTALLY IMPORTANT PURPOSES? (1) to guarantee each person a right of free expression (2) to ensure to all persons a full, wide-ranging discussion of public affairs 2. THE RIGHTS OF FREE SPEECH AND FREE PRESS ARE ESPECIALLY INTENDED TO PROTECT THE EXPRESSION OF WHAT KINDS OF VIEWS? Unpopular views

CH 19 (11)
3. WHAT IS THE 3 PART TEST USED BY THE SUPREME COURT TO DETERMINE IF MATERIAL IS OBSCENE? (1) would the average person, judging by community standards find the material obscene (2) does the material describe in an offensive way, conduct specifically prohibited by an obscenity law (3) does the material have serious artistic, literary, political or scientific value 4. WHEN CAN THE GOVERNMENT IMPOSE A PRIOR RESTRAINT ON EXPRESSION? Only in extreme situations such as wartime or incitement to violence 5. WHAT POSITION HAS THE SUPREME COURT TAKEN ON THE ISSUE OF REPORTERS PROTECTING THEIR SOURCES?

CH 19 (12)
reporters may be protected from revealing their sources only through an act of Congress or state legislatures (otherwise they must testify like everybody else) 6. WHAT BRANCH OF THE MEDIA HAS BEEN SUBJECTED TO THE MOST EXTENSIVE FEDERAL REGULATION? Radio and television 7. STATES MAY PROHIBIT WHAT 3 KINDS OF COMMERCIAL SPEECH? (1) false advertisements (2) advertisement of services that are illegal (3) advertisement of products that are harmful to the public (alcohol, tobacco etc.)

Freedom v. Security
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety - Benjamin Franklin The great strength of the totalitarian state is that it will force those who fear it to imitate it - Adolf Hitler

CH. 19 (13)
SECTION FOUR: FREEDOM OF EXPRESSION AND NATIONAL SECURITY (SUPPLEMENTAL NOTES) AN ACT OF DESTRUCTION INTENDED TO HINDER A NATIONS WAR EFFORT Sabotage LEVYING WAR AGAINST THE UNITED STATES OR SUPPORTING ITS ENEMIES Treason SCHENK v. UNITED STATES ESTABLISHED THIS RULE Clear and present danger rule INCITING RESISTANCE TO LAWFUL AUTHORITY Sedition SPYING FOR A FOREIGN COUNTRY espionage

CH 19 (14)
1. WHAT WAS THE MAIN PURPOSE OF THE ALIEN AND SEDITION ACTS? Stifle criticism of the government 2. IN THE CASE OF SCHENK v. UNITED STATES , OLIVER WENDELL HOLMES ESTABLISHED WHAT PRINCIPLE? Speech can be punished only when there is an immediate danger that it will lead to criminal acts (clear and present danger rule) 3. THE SMITH AND McCARRAN ACTS WERE AIMED PRIMARILY AT WHAT GROUP? Communists 4. WHAT DID THE COURT RULE IN THE CASE OF YATES v. UNITED STATES? Trying to persuade someone to adopt an ideology (a belief system) cannot be made a crime

CH. 19 (15)
SECTION FIVE FREEDOM OF ASSEMBLY & PETITION 1. WHAT DOES THE GUARANTEE OF FREEDOM OF ASSEMBLY AND PETITION INTEND TO PROTECT? The rights of the people to express their views and to organize. 2. ON WHAT BASIS CAN GOVERNMENT REGULATE THE RIGHTS OF ASSEMBLY AND PETITION? Government can make time-place-manner restrictions. Also demonstrations that incite people to violence or that otherwise endanger life, property, or public order are not protected 3. THE SUPREME COURT HAS RULED THAT GOVERNMENT RESTRICTIONS ON PUBLIC DEMONSTRATIONS MUST BE WHAT? Content neutral (Mike White and the KKK)

CH. 19 (16)
4. THE RIGHT TO FREEDOM OF PETITION IS GUARANTEED BY WHICH AMENDMENT? First 5. WHAT DID THE SUPREME COURT RULE IN THE CASE OF GREGORY v CHICAGO? Demonstrators may not be arrested for disorderly conduct, simply because others have reacted to their march with violence. 6. DO PEOPLE AUTOMATICALLY HAVE A RIGHT TO HAND OUT POLITICAL MATERIAL AND GET PETITIONS SIGNED AT A SHOPPING CENTER? No (its private property)

CH. 19 (17)
7. IS FREEDOM OF ASSOCIATION ONE OF THE RIGHTS ENUMERATED IN THE BILL OF RIGHTS? No 8. WHAT DID THE COURT RULE IN SUCH CASES AS ROBERTS v. UNITED STATES JAYCEES? Private clubs may not use the right of free association to bar women

Chapter 20 Civil Liberties: Protecting Individual Freedoms


(SECTION ONE Due Process of Law) Vocabulary: 1. government must act fairly and in accord with established rules Due process 2. a court order authorizing a search Search warrant 3. the power of each state to protect and promote the public health, safety, morals and general welfare Police power (QUESTIONS) 1. What is the difference between procedural and substantive due process? Procedural requires that government ACTS be fair; substantive requires that LAWS be fair

20
2. For what reason is it necessary to have both substantive and procedural due process? Even laws that are fair and just in content are worthless if applied unfairly 3. What is the relationship between the Bill of Rights and the 14th Amendments Due Process clause? The 14th Amendment makes the Bill of Rights protections applicable to the states (selective incorporation) 4. What is a states police power? Power of each state to protect and promote the public health, safety, morals and general welfare 5. Describe the relationship between the states police power and due process of law:

20
The exercise of police power sometimes leads to conflict with the rights of individuals. Generally courts have permitted the exercise of police power in cases of conflict. 6. What is the right to privacy and from where in the Constitution does it come from? Freedom from unwanted government intrusion into ones privacy; comes from the Due Process Clause of the 14th Amendment 7. In the case of Pierce v. Society of Sisters, 1925, the Supreme Court ruled that an Oregon Law requiring compulsory public school attendance was unconstitutional, thus upholding what concept? Substantive due process (Court found fault with the law itself) 8. What did the Supreme Court rule in Roe v. Wade? No state may ban abortions in the 1st trimester of pregnancy

20
A state may regulate how, when and where abortions may be performed during the second trimester of pregnancy A state may ban abortions in the 3rd trimester of pregnancy 9. What did the Supreme Court rule in Webster v. Reproductive Health Services, 1989? States may prohibit the abortion of viable fetuses (SECTION TWO Freedom and Security of the Person) Vocabulary: 1. evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized Exclusionary rule 2. blanket search warrants used by British customs officials Writs of assistance

20
3. forbids the quartering of soldiers in private homes in time of peace 3rd Amendment 4. reasonable grounds Probable cause 5. prevents illegal searches and seizures 4th Amendment (QUESTIONS) 1. What was the aim of the 13th Amendment? To ban slavery and involuntary servitude 2. In what sense has the Supreme Court breathed new life into the 13th Amendment? It gave Congress the power to attack the badges and incidents of slavery

20
3. For what reason does the 13th Amendment not forbid all forms of involuntary servitude? Individuals can be held in involuntary servitude as punishment for a crime. People can be constitutionally drafted 4. The 2nd Amendment protects the right of each state to do what? To keep a militia 5. In what sense is the 3rd Amendment of so little importance? Its never been the subject of a Supreme Court case 6. What is the basic purpose of the 4th Amendment? Ensures the security of persons against unreasonable searches and seizures 7. What is the exclusionary rule? Evidence that is gained illegally cannot be used against the person from whom it has been seized

20
8. What did the Supreme Court rule in Mapp v. Ohio? The exclusionary rule applies to the states as well as the federal government 9. In what ways has the Supreme Court been narrowing the exclusionary rule in recent years? They found inevitable discovery (Nix v. Williams) and good faith (U.S. v. Leon)exceptions to the rule 10. The major rule the Supreme Court applies in wiretapping cases is what? Wiretaps may only be used under the supervision of the courts (SECTION THREE Rights of the Accused) Vocabulary:

20
1. upon arrest a person must be informed of their rights Miranda Rule 2. criminal law applied retroactively to the disadvantage of the accused Ex post facto law 3. a legislative act that inflicts punishment without a court trial Bill of attainder 4. this is intended to prevent unjust arrests and imprisonments Writ of habeas corpus 5. being tried twice for the same crime (prohibited by the 5th Amendment) Double Jeopardy

20
6. a formal complaint laid before a grand jury by the prosecutor Indictment 7. the formal device by which a person can be accused of a serious crime Grand jury 8. a judge alone hears a case Bench trial 9. a formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor (it is little used in federal courts) Presentment 10. an affidavit in which the prosecutor swears that there is enough evidence to justify a trial information

20
(QUESTIONS) 1. What are crimes? Why must they be punished? Crimes are legal wrongs against the public / they must be punished so that a society can preserve itself 2. For what reason does the Constitution protect the rights of those accused of a crime? Because of the basic concept that people are presumed innocent until proven guilty 3. In what ways does the Constitution protect the rights of the accused? By protecting the right to seek a writ of habeas corpus; prohibiting bills of attainder and ex post facto laws; ensuring that no one shall be held answerable for a crime without indictment by a grand jury;

20
Ensuring against double jeopardy; guaranteeing a speedy, public trial, trial by jury, and the right to an adequate defense; prohibiting forced self-incrimination 4. Under what circumstances can the right to a writ of habeas corpus be suspended? In cases of rebellion or invasion 5. On what 2 bases are bills of attainder forbidden? To protect individual freedom and as part of the system of separation of powers 6. What are the key constitutional guarantees of a fair trial? Trials must be speedy and public, and they must involve a jury unless this right is waived by the defendant. Also the accused cannot be exposed to double jeopardy

20
7. What is the basic function of a grand jury? Formal means of accusing a person of a serious crime 8. What are the limits on the Constitution guarantee of a speedy and public trial? The definition of a reasonable length of time is debatable; its possible for a trial to become too public, jeopardizing the accuseds right to a fair trial (Sam Shepherd) 9. What guarantees does the Constitution make about the make-up of juries in federal trials? Guarantees an impartial jury 10. What are the 6th Amendment guarantees of the rights to an adequate defense?

20
Defendants have the right to know what they are accused of and who the witnesses against them are, to get witnesses in their own behalf, and to obtain a lawyer 11. For what reason is compulsory self-incrimination forbidden? Its protection is set out in the 5th Amendment 12. What did the Speedy Trial Act of 1974 say? An accused person must be tried within 100 days of his / her arrest 13. What did the Supreme Court rule in Gideon v. Wainright 1963? The state must appoint an attorney to represent any defendant who cannot afford to hire one (SECTION FOUR Rights of the Accused Punishment) Vocabulary:

20
1. the death penalty Capital punishment 2. only crime defined in the Constitution Treason 3. ordering an accused felon be held, without bail, when there is good reason to believe that the person will commit yet another serious crime before trial Preventive detention (QUESTIONS) 1. What are the key constitutional guarantees regarding punishment of the guilty? No excessive bail or fines are allowed, and punishment cannot be cruel or unusual

20
2. What constitutes excessive bail? When the bail amount is higher than the amount calculated to ensure a defendants appearance 3. What punishments does the Constitution prohibit? Cruel and unusual 4. What did the Supreme Court rule in Furman v. Georgia 1972? Existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries 5. What is the Supreme Courts view of capital punishment? It is constitutional if applied fairly, not arbitrarily or capriciously. It is also prohibited for people of a certain age and/or mental state 6. For what reason is treason specifically defined in the Constitution?

20
To prevent it from being used as a weapon against those who disagree with the government

Chapter 21 Civil Rights Equal Justice Under Law


(SECTION ONE Diversity and Discrimination in American Society) Vocabulary: 1. this was the result of late nineteenth century racial prejudice against Asian Americans Chinese Exclusion Act 2. people who flee their homes because of war, persecution, or some other danger Refugees 3. public lands put aside for the use of Native Americans Reservations 4. requires employers to compensate men and women equally if they do the same job in the same place -

21
Equal Pay Act 5. supported by many womens rights groups but has failed to win passage Equal Rights Amendment (QUESTIONS) 1. What does it mean to say that the population of the United States is heterogeneous? The U.S. population is made up of many different types of people 2. In what way has the composition of the American population changed over the course of U.S. history? Predominantly white at the first census, growing more predominantly white over the course of its history. The last five decades have seen a significant growth in minority populations

21
3. Which group has dominated political and social life in the United States since its beginnings? White males 4. Who have been the traditional targets of prejudice in America? African Americans / Native Americans / Asian Americans / Hispanic Americans and women 5. In what sense are women an unusual group among those who have suffered discrimination? They constitute a majority of the population 6. In recent decades, what has been the fastest growing minority group in the United States? Hispanic Americans

21
(SECTION TWO Equality Before the Law) Vocabulary: 1. in the north, there were no segregation laws but this was common De facto segregation 2. the Supreme Court ruled that laws that excluded women from juries were what? Unconstitutional 3. the Plessy v. Ferguson decision upheld this Separate-but-equal- doctrine 4. this has made it difficult for states to pass any laws that deprive any group of fundamental rights, such as the right to vote Strict scrutiny test

21
5. these were aimed specifically at African Americans Jim Crow laws (QUESTIONS) 1. What kind of equality does the Constitution guarantee? Equality of opportunity and equal treatment of people under the law 2. The Equal Protection Clause forbids what kinds of discrimination by the states? Unreasonable or unfair distinctions 3. What was the significance of the Supreme Courts decision in Plessy v. Ferguson, 1896? Allowed for the establishment of separate but equal facilities 4. What did the Court hold in Brown v. Board of Education of Topeka, 1954?

21
Separate facilities were inherently unequal 5. According to the Supreme Court what standards must laws that discriminate between groups meet? They must lead to the achievement of some legitimate governmental purpose. In some cases, they must also serve a compelling governmental interest 6. Briefly describe the history of racial segregation from the late 1800s to today: In the late 1800s, many states passed Jim Crow laws. The Supreme Court put forth the separate-but-equal doctrine in 1896 a decision that gave a constitutional basis to segregation (Plessy v. Ferguson) The separate-but-equal doctrine was finally overturned in 1954 (Brown v. Board of Education) in spite of the decline of de jure segregation, de facto segregation persists

21
7. Briefly describe the history of the Supreme Courts view of classifications based on gender: The Court originally viewed gender-based distinctions as acceptable. Beginning in 1971, however, the court has said that gender-based classifications must serve an important governmental objective 8. Place the following issues in the chronological order in which they were addressed: de jure segregation / de facto segregation / equal rights for women De jure segregation De facto segregation Equal rights for women

21
(SECTION THREE Federal Civil Rights Laws) Vocabulary: 1. critics of minority set-asides and other such programs charge that giving preferences to minorities is a form of this Reverse discrimination 2. often called the Open Housing Act Civil Rights Act of 1968 3. the Court has allowed the use of these only in the most extreme situations Quotas 4. these programs are intended to make up for the present effects of past discrimination Affirmative action

21
5. this forbade employers to discriminate on the basis of race Civil Rights Act of 1964 (QUESTIONS) 1. Briefly describe the history of civil rights legislation between the 1870s and today: From the 1870s to the 1950s, no meaningful civil rights legislation was passed. Since 1957, Congress has passed a number of important civil rights acts 2. What was the major piece of civil rights legislation during the 1960s? What are the major features of that law? The Civil Rights Act of 1964 / it prohibits discrimination at public accommodations; prohibits discrimination in any program receiving federal funds and forbids discrimination by employers and unions in all job-related matters

21
3. Summarize the reasoning behind affirmative action programs: (and what is the main criticism of these programs) Affirmative action attempts to overcome the harmful effects of past discrimination. Programs are criticized for causing reverse discrimination; they are not color blind 4. What is the significance of the Bakke case? It was the first major reverse discrimination case. The Court ruled that race may be used as only one factor in making affirmative action decisions 5. Under what circumstances has the Supreme Court allowed quotas? In cases where there has been long-standing and flagrant discrimination in the past

21
(SECTION FOUR American Citizenship) Vocabulary: 1. principle by which any person born within the United States is automatically a citizen Jus soli 2. process of taking citizenship away from one who obtained it through fraud Denaturalization 3. process of renouncing American citizenship Expatriation 4. principle by which the child of a citizen is automatically a citizen of the United States Jus sanguinas

21
5. process of legally requiring an alien to leave the country Deportation (QUESTIONS) 1. By what 2 ways can a person become an American citizen? By birth or through naturalization 2. How are individuals naturalized? Enter the U.S. legally, live here for 5 years (in one state for 3 months) and be 18; file a petition in district court; be literate in English; be of good moral character and attached to the principles of the Constitution; know fundamentals of U.S. history and government; take an oath or affirmation. 3. How may a person lose citizenship? Voluntarily renouncing it or through the process of denaturalization

21
4. For what reasons can a person be deported? Illegal entry; conviction of a serious crime; or acts of disloyalty 5. When did Congress first begin to regulate immigration? 1880s 6. What has Congress recently done about the undocumented aliens issue? Immigration Act of 1996 made it easier to deport undocumented aliens, toughened the penalties for smuggling aliens into the country, prevented undocumented aliens from receiving certain benefits and expanded the Border Patrol 7. What part of the Constitution defines citizenship? The 14th Amendment

21
8. During the early years of the 20th century the majority of immigrants came from where? Southern and eastern Europe 9. Explain the provisions of the Immigration and Control Act of 1986: 1st it established an amnesty program under which many undocumented aliens could become legal residents and 2nd the law made it a crime for anyone to hire any person who is in this country illegally (if an employer does this knowingly they can be fined and/or imprisoned) 10. Briefly describe immigration in the United States today: The Immigration Law of 1990 allows 700,00 immigrants to enter from 1992 1994 and 675,00 after 1994. only those who qualify for citizenship would be allowed to enter.

Extras
We have too many laws in this country? True or false? If you say true, give an example of an unnecessary law, if you say false, give an example of a law you think should be enacted.

Imagine that a 17th century court was told that a new invention would carry 6 adults 60 miles in one hour but the machine would eventually cause thousands of deaths per year and would significantly harm the air we breathe. Would you permit the operation of such a machine? Why? Or why not?

You might also like