US Government PDF

Unit 1 The Enlightenment Period – influenced making of government Key philosophers - John Locke, John-Jacques Rousseau, and Thomas Hobbes Important ideas- Social contract (contract between government and governed, governed understand they have to give up some natural rights in ex...

Unit 1 The Enlightenment Period – influenced making of government Key philosophers - John Locke, John-Jacques Rousseau, and Thomas Hobbes Important ideas- Social contract (contract between government and governed, governed understand they have to give up some natural rights in exchange for protection and other governmental benefits), Natural Rights (rights given to every person that cannot be taken away by government), Popular Sovereignty (Idea that people should have main voice in the government, power is in people), Republicanism (Limited representative form of government) Models of Democracy Participatory Democracy- Citizens have power to decide on policy but politicians implement people’s decisions Pluralist Democracy- Nobody dominates policy making, many groups compete for governmental influence Elite Democracy- Small group of people make decisions for everybody (wealthy and well-educated Articles of Confederation Not united and weak government- trying to recover from tyrannical monarchy Weaknesses exposed in Shay’s Rebellion Weaknesses include: Each state had own currency, Congress could not levy taxes- government underfunded, Congress could not regulate congress, One vote to each state in Congress, no executive branch, Amendments required 13/13 votes to pass and laws required 9/13 to pass, States could tax other states goods, almost every state had own militia, unicameral government Federalists support ratification; Anti-federalists opposed it Operate currently on Madisonian Representative Democracy Includes- Federalism (shared powers between national and state), Checks and balances, separation of power (authority and jurisdiction divided up in the government), Popular sovereignty (power in people), limited government  (government cannot do anything it wants because it is restricted by a written document (constitution) Compromises made in Ratification of Constitution Great Compromise – Merged Virginia and New Jersey plan creating a bicameral legislature – one house # representatives based on population (HoR), the other, each state has the same amount (S) Electoral College—Body that determines how the President and VP get elected Three-Fifths Compromise—Each slave was counted as 3/5ths a person in terms of representation in the government Constitutional Basis of Federalism Enumerated Powers (explicitly given to Congress in Constitution), Implied powers (Powers not expressed in Constitution but understood as given to federal), Inherent Powers (powers of the president), Reserved powers (powers reserved for states, 10th amendment), Privileges and Immunities (state can’t discriminate based on state they are from), Full Faith and Credit Clause (States must trust documents from other states), Extradition Clause (If you commit a crime, go back to state you committed crime in) Federalism in Action Fiscal Federalism – Grants-in-aid (money given to states by fed that doesn’t have to be paid back), Categorical grants (grants given to states for specific reason) Block grants (grants for broad use), Mandates (federal government requires governments to do) Dual Federalism—Federal and state governments are independent of each other and have separate duties Cooperative Federalism—Levels of government work together New Federalism—Instead of being centralized, devolution occurring, returns some power to the states Key Federalism Clauses Commerce Clause – government can regulate interstate commerce Necessary and Proper Clause—government can stretch its enumerated powers in order to perform its job Unit 2 Article One – Legislative Branch Congress—Bicameral legislature (S and HoR) created by Great Compromise Many powers not given to federal government in AoC were given to Congress in Constitution Enumerated powers are powers of Congress—Listed in Article One Senate Hold office for 6 years, 1/3 up for reelection at a time, each state has two senators Meant to be more elite—Powers to confirm presidential appointments, ratify treaties, and hold impeachment trials House of Representatives Closer to the people, state representation determined by the census, up for reelection every 2 years Have powers to—Impeach a public officer, introduce tax and revenue bills Introducing bills and creating laws Can be introduced in either chamber (-Appropriation bills –Only in HoR) Introduced—Goes to committee—Committee votes on whether will be voted by chamber Senate—Bill goes straight to Senate floor, to end debate, all Senators have to vote If the senator doesn’t want bill to go to vote they can filibuster, to end filibuster cloture must be done HoR—Debate is more formal because of more people, goes to rules committee after regular committee, Rules decide whether it be voted by committee of the whole or as a House of Representatives Important vocabulary Filibuster—Where a member holds senate floor to prevent vote Cloture—Used to end filibuster (3/5ths senate votes for successful cloture—60 votes) Rules Committee—decides how a proposed bill will be voted on and debated Committee of the Whole—Simplifies rules of debate and opens conversation Discharge Petition—Filed to get bill out of committee and straight to floor Types of Committees Standing—Committees always in operation Conference—Committee formed with members from both to iron out differences Select—Created for specific purpose, will eventually end Joint—Committee with members from both created for specific reason Congressional Spending Discretionary Spending—Programs in which Congress and President have to renew every year Mandatory Spending—Programs in which government has already made a commitment to pay Congressional Actions Pork Barrel legislation—when congressmen negotiate for legislation that helps their district but not whole country Logrolling—You support my bill I support your bill Ideological Divisions within Congress—Vote along party line, harder for legislation to pass Gerrymandering—Redistricting to ensure one party gets more representation Reapportionment—delegation of reps to different districts based on population Elections with “divided government—Can lead to gridlock, no legislation passed (Congress different party than president) Lame duck president—When next president has been chosen, current president appoints as many people as can to keep ideologies Congressional Models for voting Trustee Model—When representative votes on what they think is right, regardless of what constituents want Delegate Model—vote based on what constituents want, even if they don’t agree Politico—can be either depending on situation Article Two – Executive Branch Informal Presidential powers Chief Political/Party leader (presidents can endorse people in party/spokesperson), Head of State (receives ambassadors and performs many ceremonial roles), Chief Legislator (Proposes/veto bills), Chief Economic Planner (proposes budget and approves it), Bully Pulpit (Speaking to public to gain support) Formal Presidential Powers Chief Executive (President makes sure laws are obeyed, executive orders), Chief Diplomat (must negotiate with foreign nations, make/enforce treaties), Commander in Chief (make war) Structures of Executive Branch Cabinet- Group of Advisers that aid President (Secretary of…) Ambassadors—Diplomats that travel to other countries White House Staff—Assistants to President that counsel, lead by Chief of Staff Federalist 70 Hamilton advocates for unitary executive so one person has power to make quick decisions 22nd Amendment—Limited ability of Congress to increase their pay Bureaucracy Interactions with President and Congress Writing and enforcing regulations, Issuing fines, testifying before Congress, Iron Triangles (relationship between Congress, Federal Bureaucracy, and Interest groups during policy creation—Congress gives funding to bureaucracy, bureaucracy implements policy that Congress passes, and interest groups lobby Congress for policies they want passed) Civil Service—Hiring workers based on tests and merit (achievement not party) Pendleton Act—attempted to stop patronage, illegal to hire/fire for political Examples of Bureaucratic agencies—Department Homeland Security, Department of Transportation, Department of Education  Independent Executive Agency Agency established by congress, separate status outside executive branch, have specific purposes (CIA, NASA, EPA) Independent Regulatory Commission Established to regulate a specific economic activity, work independently of executive branch and Congress (Federal Reserve Board) Government Corporation Government owned businesses to provide a service that can’t be trusted to the private sector (US Postal Service) Congressional Oversight—Ensure legislation is implemented as intended are represented Committee hearings—Use committee hearings to make sure everything running well in specific department Power of the purse—Allocating money to ensure that laws have funding to survive *If president is opposite party as Senate, Senate might not confirm and presidential appointment, by using their Congressional oversight ** President utilizes many tools, appointing heads of departments, controlling budget, or issuing executive order to push agency along Majority Opinion—Majority of Congress believes Dissenting Opinion—the opinion of judges that disagree with majority Concurring—Opinion of judges that agree with majority’s ruling but for different reason Writ of Certiorari—Writ that demands lower court to send files to review case Rule of Four—at least 4 Supreme Court judges have to want to hear case for Court to do it District Court—Original Jurisdiction Court of Appeal—Appellate Court Supreme Court—Original and Appellate Unit 3 Bill of Rights—First 10 amendments protect individual liberties and rights of people Civil Liberties—Limitations on government (ex: 1st amendment)  Civil Rights—Guarantees equal citizenship and protects citizens from discrimination by majorities (ex: right to vote) Freedom of Religion Prevents fed from supporting established religion; protects free exercise Establishment Clause—Prevents US from using religion to make laws Free Exercise—Does not allow anyone to be prevented from being part of a specific religion (Wisconsin v Yoder) Freedom of Speech Free speech; but limits such as obscenity, clear and present danger, time place and manner restrictions (Tinker v Des Moines) Freedom of the Press Can’t censor press; but press can’t libel (NYT v US) Right to Bear Arms Selective Incorporation The Supreme Court made rulings on certain cases to make sure that BoR applies to state governments as well, but not every part of BoR has been applied (Tinker v Des Moines; Roe v Wade) Due Process in the Right to Privacy The Supreme Court has interpreted that the due process clause prevents state governments from taking away people’s rights to privacy Social Movements and Equal Protection Civil Rights Act of 1964—prevented discrimination based off anything Made segregation unconstitutional Balancing Minority and Majority Rights Separate but Equal (Plessy vs Ferguson)—overturned with separate is inherently unequal (Brown vs BOE)—states violation of 14th amendment Affirmative Action Help minorities find equal opportunities in the US Electing a President Incumbency Advantage—name recognition, bully pulpit, experience, credit claiming, franking privilege, etc. 35 years, natural born, resident 14 years Libel—Written defamation of a person Slander—Spoken defamation of a person Critical Period—Chaotic period after American Revolution during which former colonies were governed under the AoC Charles Beard—Said Constitution was written by rich people to protect rich people Supremacy Clause—Mandates national law is supreme over all other laws Enumerated Power Examples—Regulate interstate and international commerce (Commerce Clause), coin money, declare and conduct war, provide for army and navy, make laws Concurrent Power Examples—Tax, borrow money, establish courts, make, enforce laws Reserved Power Examples—Elections, ratify amendments, establish local governments, regulate commerce Bills of Attainder—Law declaring an act illegal without judicial trial Ex post facto laws—A law that makes an act punishable as a crime even if the action was legal at time committed Privileges and Immunities Clause—Guarantees that citizens have equal rights in every state Interstate Compacts—Contracts between states that carry the force of law Dillon’s Rule—All local governments must be authorized by state governments Unitary System (England)—People empower national government which then empowers the local government Marshall Court—John Marshall—Balance of power between States and National Government; Marbury v. Madison—established Judicial Review Programmatic Requests/Pork—Specific projects, bridge downtown Writ of Mandamus—Court order for an official to do what they are legally required to do Stare Decisis—Reliance on past cases to formulate decisions in current cases Senatorial Courtesy—Allows senators from the state where there is a judicial vacancy to block a nomination Writs of Certiorari—Request for supreme court to order records from lower court Writs of Habeas Corpus—Judge requires authorities to prove they are holding prisoners lawfully Grand Jury—Determines whether enough evidence exists for case to go on trial Double Jeopardy—Can’t be tried for same crime twice Exclusionary Rule—Bars use of illegally seized evidence at trial Due Process—The steps the government must follow when accused of a crime Amicus Curiae (Friends of the Court)—May file briefs or appear to argue their interests orally before court Attorney General—Head of department of justice, in charge of prosecutions Solicitor General—In charge of justice, in charge of appeals Judicial Restraint—People who believe that judges should allow decisions of other branches to stand even when offending Judge’s own principles (1st half Roberts court) Judicial Implementation/Activism—Judicial decisions are translated into actual public policies Incorporation Doctrine—Interpretation of constitution holding that due process clause of 14th amendment requires state and local governments to guarantee rights in BoR Judiciary Act of 1789—Legislative Act that established the three-tiered system Presidential Succession Act—VP then Speaker of the House Congressional Budget Act of 1974—Created CBO and budgetary process Lays out plan for congressional action on budget Congressional Research Service—Responds to information requests and executive Government Accountability Office—audits expenditures of executive and federal Congressional Budget Office—Evaluate economic effects of spending programs Office of Management and Budget—annual budget; forecasts (exec office) Caucuses—Informal, no official power, pursue common legislative objectives Prior Restraint—Prevents government from prohibiting speech or publication before fact Grandfather Clause—Allows only those whose grandfathers had voted to vote Alien and Sedition Acts—Banned criticism of Federalist government (violates PR) Standards of Review—Ensures law doesn’t undermine equal protection Intermiediate- gender; Rational—age, wealth Strict scrutiny—highest standard of review used to determine constitutional validity of challenged practice Civil Disobedience—Breaking a law you find unfair, dealing with consequences PATRIOT Act—Violates 1st and 4th; allows government access to private records Espionage Act—Prohibited urging resistance to the draft or distribution of antiwar leaflets ACLU—American Civil Liberties Union; writes amicus briefs for civil liberties cases NOW—modeled after NAACP; Lilly Ledbetter; Equal Pay Act GI Bill—Provided college loans for returning veterans and department of Veteran Affairs Great Society—attempt to combat poverty and discrimination through urban renewal Whips—assists SoH and leaders, discipline and keeps people in line Presiding Officer—Vice President, only votes if tie President Pro Tempore—Official chair of senate DOCUMENTS Declaration of Independence – Thomas Jefferson Taxation without representation; talk about natural rights and justify cutting ties Consent of the governed, popular sovereignty, and natural rights Articles of Confederation The National government had very little power, hard for the government to raise money Federalist 51 Argues separation of powers and checks and balances  Extra protection against the abuse of powers Brutus 1 Antifederalist: says a large powerful centralized government is too removed from the people and their individual needs Federalist 10 Factions are really bad; factions are inevitable because people will have differences, have to control Federalist 70 Explains ow president should be and how executive and presidency should be under the Constitution; there should be a powerful unitary executive branch to fight majority—One person to make quick decisions Federalist 78 Judicial branch operation—Judges should be appointed, least dangerous branch, independent Letter from Birmingham Jail Nonviolent protests to fight for civil rights Constitution Enlightenment philosophers, natural rights, republicanism, social contract Declaration of Sentiments “We hold these truths to be self-evident that all men and women are created equal” Court Cases Marbury v. Madison Adams lost to Jefferson, in final days packed judiciary full of federalist judges, Jefferson refused to deliver commissions; Marbury was one of judges: issued a Writ of Mandamus to get to Supreme Court—Gives Court power of Judicial Review McCulloch v. Maryland Congress chartered second bank of United States and wanted to establish branch in Maryland, state legislature charted a law that said it would have to be fined, McCulloch refused to pay it, Maryland thought unconstitutional, McCulloch said  that it is constitutional under Necessary and Proper Clause; implied powers. Helped to establish Supremacy Law Nixon v. Watergate No executive privilege to president, can’t refuse to produce evidence US v. Lopez Gun Free School Zones Act; struck down due to commerce clause Engel v. Vitale Public school authorized voluntary prayer, unconstitutional by violating establishment clause Wisconsin v. Yoder Amish parents challenged mandatory schoolings, upheld because of Free Exercise Tinker v. Des Moines Suspended for wearing black armbands for protesting, struck down because of Freedom of Speech (Symbolic Speech) NYT v. US NYT wanted to print Pentagon papers but government tried to stop, SC struck down because cannot do prior restraint NYT v. Sullivan Slander and libel- prove actual malice to charge Schenck v. US Schenck was distributing leaflets to protest WW1 draft, convicted under Espionage act, said he was making a “clear and present danger” Gideon v. Wainwright Man could not afford attorney, court gave attorney through selective incorporation McDonald v. Chicago Group of cases that challenged Illinois law restricting gun, law struck down because of 2nd amendment Brown v. BOE  Segregation of schools; separate is inherently unequal; overturned Plessy v. Ferguson- separate is equal Obergefell v. Hodges Same-sex marriage Gibbons v. Ogden Regulating Interstate Commerce is a power reserved to the federal government Miller v. California Something isn’t obscene if has artistic value and didn’t violate local social norms Barron v. Baltimore Ruled that the Bill of Rights cannot be applied to the states Dred Scott v. Samford Ruled that Congress did not have power to prohibit slavery; reserved to states Lawrence v. Texas Striking down sodomy laws Korematsu v. US Upheld keeping of American citizens in internment camps because it was war